Watchdog Sues HHS After Xavier Becerra Appears to Have Misled Congress

A lawsuit has been filed against the Department of Health and Human Services after it refused to provide information regarding Secretary Xavier Becerra’s false testimony before Congress.

As Breitbart News reported, Becerra falsely claimed the Biden administration does not incentivize doctors to implement “anti-racism” policies in exchange for more government funding.

In April, the HHS secretary testified that the existence of administration policies like paying doctors more money if they create an “anti-racism” plan that includes a “clinic-wide review” of doctor ideology, including their “commitment to anti-racism” was “driven by mis- and disinformation.”

After being questioned by Rep. Gary Palmer (R-AL) about the existence of such race-oriented medical policies, Becerra “challenge[d]” the Alabama Republican to find them.

Those policies, however, were published at the time of his testimony in Volume 86 of the Federal Register.

This disparity motivated government watchdog Protect the Public’s Trust to file Freedom of Information Act (FOIA) requests as a probe into whether Becerra knew he made false statements to Congress.

HHS, however, has refused to comply with their legal obligation to fulfill the requests, prompting the watchdog to file suit against the agency.

“The American public needs to be assured they can trust the statements of those at the highest levels of power who create, implement, and oversee the policies that affect their lives and how the funds they remit as taxes are spent,” PPT Director Michael Chamberlain said in a press release.

PPT’s FOIA request included all records with “anti-racism” or “antiracism” in them connected to Becerra, Administrator of the Center for Medicare and Medicaid Services Chiquita Brooks-LaSure, and HHS Chief of Staff Sean McCluskie.

The department, however, asked PPT to “narrow” its request, despite only looking for one phrase and its existence among three department personnel.

PPT has not received any information regarding its request, with Chamberlain telling Breitbart News, “Based on the initial reply from HHS, we question whether the agency even read PPT’s FOIA request before sending it. They wanted us to ‘narrow’ a request that asked them to search for one term in the communications of three people.”

“It’s little wonder they didn’t provide any suggestions for doing so,” he continued. “The American public’s trust in the agency Secretary Becerra leads has plummeted during the pandemic and a good first step in restoring that trust is to comply with our request so they can determine whether he delivered truthful testimony to their elected representatives.”

Doc 1 PPT v HHS Complaint by Breitbart News

The case is Protect the Public’s Trust v. U.S. Department of Health and Human Services, No. 1:22-cv-03239, in the U.S. District Court fot the District of Columbia.

https://www.breitbart.com/politics/2022/10/26/watchdog-sues-hhs-after-xavier-becerra-appears-to-have-misled-congress/

Wawa announced it is closing several stores overnight in suburban Philadelphia because of skyrocketing crime in the city.

The gas station and convenience store chain plans to close overnight at a total of nine stores in Northeast Philadelphia and the Bucks County suburbs, the Philadelphia Inquirer reported. The stores will be closed from midnight to 5 a.m. until further notice. The decision to close the stores comes after two stores were robbed earlier this week, and as Wawa reportedly mulls pulling out of Philadelphia altogether because of the crime problem.

A company spokesperson would not list all the stores that would be affected, due to ongoing investigations by law enforcement. “What we can say is at times we may temporarily close or limit hours due to external challenges or recommendations by local authorities for the safety and security of our associates and customers,” the spokesperson told the Inquirer.

Two of the stores that will begin shutting their doors are in Northeast Philadelphia. The others are all located in the Bucks County suburbs: two of them are in Bensalem, which directly borders the city; four are located in the town of Feasterville-Trevose, and one is located in nearby Holland.

The closures come after two of the stores were robbed earlier this week. On Monday, the Wawa on the corner of Street Road and Bustleton in Feasterville-Trevose was robbed by an armed man at around 2 a.m. Then on Tuesday morning at around 3 a.m., the Holland location was robbed. Local police believe the same suspect is responsible for both robberies.

Wawa has a presence on much of the East Coast, with locations in seven states, but it is headquartered in Pennsylvania, and is a cultural cornerstone in the Philadelphia area. But the chain is reportedly considering moving out of the area altogether as crime continues to soar in the city. Last month, a mob of more than 100 teenagers ransacked a store in Northeast Philadelphia; a video of the incident went viral, showing the teens milling through the store and taking merchandise while a customer asks the staff, “Are y’all gonna make any sandwiches? Or are y’all just going to keep recording?”

That incident, combined with an uptick in crime across the city, forced the chain to close two of its stores in Center City, the central neighborhood and business district of Philadelphia. “Despite reducing hours and investing in additional operational measures, continued safety and security challenges and business factors have made it increasingly difficult to remain open in these two locations,” Wawa spokeswoman Lori Bruce told the Philadelphia Inquirer.

In addition to closing down stores at night and permanently shuttering others, Philadelphia City Councilmember Mike Driscoll said last week that the chain is considering pulling out of the city altogether because of crime.

“They’ve had to invest in security … security doesn’t add anything to your bottom line, it takes away from your bottom line,” Driscoll said. “But without it, then you’re in deep trouble. So they are spending money, they’re losing money. The scariest part to me is one of the senior officials said, ‘We’re seriously considering moving out of the city of Philadelphia in our strategic planning, at least not to expand.’”

https://www.dailywire.com/news/wawa-closing-nine-philadelphia-area-stores-overnight-due-to-robberies-rising-crime

A second railroad union votes down Biden's tentative agreement

Updated October 26, 20225:18 PM ET

A second railroad union voted on Wednesday against ratifying the tentative agreement brokered between the railroad managers, unions and members of President Joe Biden's administration. The move increases the possibility of a strike in November that would endanger the national supply chain if a deal is not reached.

The Brotherhood of Railroad Signalmen, which represents over 6,000 workers in the United States, announced that its members voted to reject the tentative agreement, sending the union back to the bargaining table with management.

In a statement, union president Michael Baldwin notes that it's the first time the union has voted against ratifying an agreement.

Sick leave policies continue to be at the center of talks. Unions argue current policies don't allow workers to take personal or sick time off. While the presidential emergency board (PEB) appointed by President Biden negotiated increases in wages, it did not address the leave policies.

"I have expressed my disappointment throughout the process in the lack of good-faith bargaining, " Baldwin said in the statement.

"Additionally, the highest offices at each Carrier, as well as their stockholders, seem to forget that the rank-and-file of their employees continued to perform their job each day through an unprecedented pandemic, while the executives worked from home to keep their families safe," Baldwin said.

BRS, which represents workers who install and maintain signal systems, is not the only one. The Brotherhood of Maintenance of Way Employees, the third largest railroad union, voted earlier this month to also reject the agreement. All 12 unions would need to independently accept a deal in order to avoid a potential strike.

"We're going to go back to the table and we are going to talk to them, talk to the railroads about increased paid sick days because our members have made it very clear to us that the lack of paid sick days is a very significant issue for them," Peter Kennedy, BMWED's chief negotiator previously told NPR.

Biden's influence is on the line

On Wednesday, White House Press Secretary Karine Jean-Pierre reiterated that the priority is to avoid a shut down and that the administration is in regular contact with both sides.

"It is the responsibility of the parties involved to resolve this issue and any idea that kicking this to Congress will result in a quick or favorable outcome is deeply misguided," Jean-Pierre said. "These unions' rejection of the current proposed contract does not mean we face an immediate rail shut down, that's not how we view it. But it does mean the unions and their employers have additional work to do."

Jean-Pierre said the administration urges good faith negotiations to avoid a shutdown of rail operations.

In September, members of Biden's cabinet pushed to get railroad management and unions to come to an agreement after nearly two years of ongoing contract negotiations.

Railroad unions were threatening to strike, leading some services like Amtrak to preemptively be affected.

Labor Secretary Marty Walsh stayed up overnight brokering the tentative agreement ultimately accepted by the representatives. But although the agreement was viewed as a major labor win by the President, the union members still have to vote.

Biden has long proclaimed himself as the most pro-labor president, often having union members introducing him ahead of speeches.

But even after the agreement was reached, many railroad workers were still picketing in disapproval of the deal.

A threat of a strike grows

The union's rejection means that now they're in what's called a "status quo" period that will run until Nov. 19 — five days after Congress is scheduled to come back to Washington. A strike would not come before then. Congress could prohibit a strike and force unions to accept the deal.

So far, six unions have voted in favor and two have voted against, but all could strike if one does, putting at risk the transportation of up to 40 percent of goods, right ahead of the holiday season.

https://www.npr.org/2022/10/26/1131672604/railroad-union-vote-down-biden-tentative-agreement-strike

Sen. Bob Menendez under federal investigation – again

By Olivia Land and Ben Feuerherd

October 26, 2022

The feds are taking a second look at Sen. Robert “Bob” Menendez five years after an initial corruption investigation ended in a mistrial.

Michael Soliman, an adviser to the powerful chairman of the Senate Foreign Relations Committee, told The Post Wednesday that Menendez (D-NJ) “is aware of an investigation,” but “does not know the scope.”

“As always, should any official inquiries be made, the senator is available to provide any assistance that is requested of him or his office,” he added.

The investigation was first reported by Semafor. According to the outlet, Manhattan federal prosecutors have contacted people connected to Menendez and sent at least one subpoena in the case.

Menendez, 68, was indicted in 2015 after prosecutors from the Justice Department’s Public Integrity Unit accused him of accepting lavish bribes from Palm Beach ophthalmologist Dr. Salomon Melgen.

Sen. Bob Menendez was first indicted for bribery in 2015.

Getty Images

Investigators alleged that Menendez received hefty political donations and enjoyed free private jets and luxury vacations in exchange for helping Melgen secure lucrative government contracts, as well as visas for the doc’s three foreign girlfriends.

Sens. Cory Booker (D-NJ) and Lindsay Graham (R-SC) testified on Menendez’s behalf during the lengthy proceedings, which ultimately ended in the mistrial in November 2017. Prosecutors officially dropped the case in 2018.

Melgen was convicted of Medicare fraud in 2017, and was pardoned by outgoing President Donald Trump in 2021.

Semafor reported that while the “broad outlines” of the Southern District of New York probe are similar to the Melgen investigation, it involves “an entirely different group of people.”

https://nypost.com/2022/10/26/nj-senator-bob-menendez-under-investigation-again/

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Corruption case against Bob Menendez ends in mistrial

By Priscilla DeGregory and Kaja Whitehouse

November 16, 2017

In a major blow to federal prosecutors, a Newark judge declared a mistrial in the bribery case of Sen. Robert Menendez after the 12-person jury said it was hopelessly deadlocked.

The ruling means the Garden State Democrat avoids both prison and the prospect of losing his Senate seat — for now.

“I find you are unable to reach a verdict and that further deliberations are futile,” Judge William Walls said shortly before 1 p.m. Thursday. “There is no alternative but to declare a mistrial.”

The Department of Justice could still retry the case, although a spokesman for the Washington, DC, office handling the case declined to comment on their plans.

“The department will carefully consider next steps in this important matter and report to the court at the appropriate time,” the spokesman said.

Weighing against the feds’ retrying the case is a sense among some on the jury that the government’s case was too weak to convict.

Juror Ed Norris, 49, an equipment operator from Roxbury, NJ, said 10 out of the 12 people on the panel were ready to acquit the senior senator on all counts because the government’s case, which was based largely on circumstantial evidence, lacked a “smoking gun.”

“I thought he was not guilty,” Norris said on his way out of court Thursday. “I don’t think the government proved it. There is no smoking gun in this case.”

Menendez, 63, gave a speech outside the courthouse that was both emotional and defiant. After thanking his supporters — including fellow Sens. Cory Booker (D-NJ) and Lindsey Graham (R-SC), who testified on his behalf — he sent a warning shot to his adversaries and accused the feds of racism.

“To those who were digging my political grave so they could jump into my seat, I know who you are and I won’t forget you,” he said.

“Certain elements of the FBI and of our state cannot understand, or even worse, accept that the Latino kid from Union City and Hudson County can grow up to be a United States senator and be honest.”

Prosecutors spent weeks trying to prove Menendez accepted lavish bribes — including all-expense-paid vacations and private flights — from his co-defendant Salomon Melgen. In exchange, they argued Menendez used the power of his office to advocate for Melgen, including securing visas for Melgen’s young girlfriends and helping the doctor with an $8.9 million billing dispute with Medicare.

Defense lawyers argued the gifts and favors were the result of the men’s 20-year friendship, not bribery. It was an argument that resonated with some jurors, including Norris.

“I totally thought they were friends. Longtime friends,” Norris said outside of court.

Another juror made similar comments after being dismissed from the panel last week to attend a long-planned vacation.

“They are friends,” Evelyn Arroyo-Maultsby, 61, said. “And if I was rich and I have a lot of money, and if I want to take my friend somewhere, why can’t I?” Arroyo-Maultsby said she was ready to acquit on all counts before she was replaced by an alternate.

Menendez faced 12 counts, including bribery, conspiracy and filing false documents tied to his failure to reports gifts from Melgen on his Senate financial disclosure forms.

Had he been convicted on even one count, he could have been forced out of the Senate by a two-thirds majority vote, which might have allowed outgoing Gov. Chris Christie, a Republican, to pick his successor.

Melgen, 63, was convicted separately of Medicare fraud in Florida earlier this year and still faces prison as a result.

The trial lasted more than two months before the jury began deliberating, for the first time, on Nov. 6. They were ordered to begin anew on Monday after Arroyo-Maultsby was replaced by an alternate.

https://nypost.com/2017/11/16/corruption-case-against-bob-menendez-ends-in-mistrial/