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    Judge slaps down Trump ploy to force elderly into nursing homes

    Sarah Okeson, DCReport @ RawStory
    November 24, 2020

    Thanks for your support!

    This article was paid for by reader donations to Raw Story Investigates.

    Donald Trump at the final 2020 presidential debate (screengrab).

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    Judge slaps down Trump ploy to force elderly into nursing homes
    Sarah Okeson, DCReport @ RawStory

    Team Trump lost a court battle that could have pushed our nation’s low-income elderly, disabled and blind out of their own homes and into deathtrap nursing homes during the pandemic.


    A California federal judge called the Trump rule that bars states from withholding part of the paychecks of some home healthcare workers for things like health insurance and voluntary union dues a “legal error.”

    Judge Vince Chhabria wrote that the Trump rule appears “contrary to the overall purpose” of the Medicaid law. He noted that improving working conditions for home health workers, who have median hourly pay of $10.49, improves the quality of care the workers provide for Medicaid patients.

    “It is unclear how barring the payroll practices would serve the purposes of the Medicaid program,” wrote Chhabria, an Obama appointee. He threw out that provision of the law and sent it back to the Centers for Medicaid and Medicare Services to rewrite it.

    Administrations usually win 70% of the cases brought against them, but the Trump administration won only about 16% of 132 decided lawsuits.

    California and five other states challenged the law. The states in the lawsuit could have lost $6 billion in federal Medicaid funding if they didn’t comply.

    “This ruling is a victory for our state and for the collective bargaining rights of home care workers who play a vital role in our healthcare system,” said California Attorney General Xavier Becerra.

    'Regulatory Slop'

    The defeat is yet another loss for Team Trump which is so bad at the basics of writing law that George Washington University law professors Robert Glicksman and Emily Hammond termed it “regulatory slop.”

    Administrations usually win 70% of the cases brought against them, but the Trump administration won only about 16% of 132 decided lawsuits, according to research by Bethany Davis Noll, litigation director of the Institute for Policy Integrity at the New York University School of Law.

    Team Trump claimed the new rule could prevent fraud. It repealed a 2014 rule that said payments can be made to a third party for benefits such as health insurance, skills training and other customary benefits for employees.

    After Congress established Medicaid, doctors and other healthcare professionals provided services to Medicaid patients but instead of submitting claims for reimbursement themselves, they would sell claims to companies for a percentage of their value. The companies would keep the reimbursement payments. The practice often led to the submission of inflated or false claims.

    Risk of Losing Home Care

    The workers the Trump rule targeted are hired by the people they care for and paid with Medicaid dollars to help them stay in their homes. Medicaid programs in California and the other states that sued over the Trump rule serve more than 700,000 people at risk of being put in nursing homes without care from home health workers.

    Nursing homes have become Trump death traps during the pandemic as Team Trump rolled back fines and proposed to weaken rules for infection prevention employees. So far, more than 67,500 people have died from COVID-19 in these Trump death traps. Brian Ballard, the former chairman of Trump’s fundraising committee, is one of the 37 lobbyists of the American Health Care Association which represents nursing homes.

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    Giuliani wants rejection of reality to be Trump's impeachment trial defense: report

    Bob Brigham
    January 16, 2021

    Former New York City Mayor Rudy Giuliani wants to double-down on the conspiracy theories that resulted in Donald Trump's impeachment as the strategy for the defense in the upcoming Senate impeachment trial.

    "President Donald Trump's personal attorney Rudy Giuliani tells ABC News he's working as part of the president's defense team in his upcoming second impeachment trial -- and that he's prepared to argue that the president's claims of widespread voter fraud did not constitute incitement to violence because the widely-debunked claims are true," ABC News reported Saturday evening.

    Giuliani was interviewed by ABC News chief White House correspondent Jonathan Karl.

    "I'm involved right now … that's what I'm working on," Giuliani said.

    "They basically claimed that anytime [Trump] says 'voter fraud, voter fraud' -- or I do, or anybody else -- we're inciting to violence; that those words are fighting words because it's totally untrue," he said. "Well, if you can prove that it's true, or at least true enough so it's a legitimate viewpoint, then they are no longer fighting words."

    Unfortunately for Giuliani, there is zero evidence to support his conspiracy theory.

    Giuliani's legal strategy was reported ten days after he suggested "trial by combat" after while firing up Trump supporters shortly before the Capitol insurrection.

    Trump's attorney, who is under investigation by the same Southern District of New York office he once led, also suggested taking impeachment to court -- even though the Constitution offers no such role for the judicial branch.

    "If they decide to bring it to a trial, he should move to dismiss the impeachment as entirely illegal. That it was the only impeachment ever done in what, two days, three days," Giuliani suggest. "We would say to the court, 'You are now permitting in the future, basically in two days, the Congress can just impeach on anything they want to.'"

    Harry Reid slams Mitch McConnell -- and offers Biden advice on dealing with the GOP leader

    Bob Brigham
    January 16, 2021

    A former top Democrat who spent 30 years serving in the U.S. Senate with Sen. Mitch McConnell (R-KY) offered advice for the incoming Biden administration on dealing with the GOP leader.

    "McConnell has done everything he can to damage the Senate. It's only turned into a manufacturing site for judges," former Senate majority leader Harry M. Reid (D-NV) told The Washington Post.

    "They don't do amendments, they don't do any legislation at all," he explained.

    Under current Senate rules, the filibuster could allow McConnell and his GOP caucus to frustrate efforts of the Biden administration as it seeks to respond to the coronavirus pandemic and economic catastrophe.

    "I believe the filibuster is on its way out. It's not a question of if; it's a question of when it's going to go," Reid said. "Joe Biden has said he will see if he can work something out with McConnell to get legislation done. Maybe with all eyes pointed to McConnell, he won't be the grim reaper he's been in the past. But if that continues after whatever Biden thinks is a reasonable time, he may need to get rid of the filibuster."

    WATCH: Shocking new video timeline of DC insurrection combines videos with 3D map

    Bob Brigham
    January 16, 2021

    The Washington Post published a powerful new reconstruction of the January 6th insurrection at the U.S. Capitol.

    The newspaper used a tradition tick-tock style of reporting in-depth, but with video.

    "To reconstruct the pandemonium inside the Capitol for the video above, The Washington Post examined text messages, photos and hundreds of videos, some of which were exclusively obtained. By synchronizing the footage and locating some of the camera angles within a digital 3-D model of the building, The Post was able to map the rioters' movements and assess how close they came to lawmakers — in some cases feet apart or separated only by a handful of vastly outnumbered police officers," the newspaper explained.

    "The Post used a facial-recognition algorithm that differentiates individual faces — it does not identify people — to estimate that at least 300 rioters were present in footage taken inside the Capitol while police were struggling to evacuate lawmakers. The actual number of rioters is probably greater, since the footage analyzed by The Post did not capture everyone in the building," the newspaper noted.


     
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