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The former chief administrative officer for the Department of Housing and Urban Development says she was demoted in part for refusing to spend more than was legally allowed to redecorate Secretary Ben Carson's new office.In a November 2017 complaint obtained by CNN, Helen Foster said she was told to "find money" beyond the legal ,000 limit for redecorating. In one instance, she says a supervisor said that ",000 will not even buy a decent chair."Foster's sworn complaint with the Office of Special Counsel, the independent agency charged with investigating whistleblower complaints made by government employees, says that after she refused to misuse taxpayer dollars for the office redecoration project she was "retaliated against by being taken out of my position as Chief Administrative Officer."She says that HUD's Acting Secretary Craig Clemmensen pulled her aside more than a month before Carson's March confirmation and told her that Carson's wife, Candy, wanted to "help the Secretary redecorate his office suite." Clemmensen asked Foster to assist with "getting Mrs. Carson access and funds for the project," the complaint states.Foster said she told Clemmensen that legally, the department was limited in how much it could spend on the office redecorating project to ,000, information she says she also passed along to the administrative officer in the Secretary's office. But even so, Foster said she received repeated pressure in multiple conversations to "find money" for the redecorating project in excess of what was legally allowed, including in a one-on-one meeting on February 10. Clemmensen, according to the complaint, told Foster that the administration "has always found money for this in the past."In an exclusive interview with CNN, Foster said each time Clemmensen pushed her to assist Carson's wife with finding the money, it was always "in the context of Mrs. Carson wants to do this. We have to find the money.""There was a sense of 'we are not going to take no for an answer.' There was a lot of staff time spent on this" a former HUD employee with knowledge of the situation told CNN."The most frustrating part of all this was spending so much time on this issue," the former employee said. "Instead of focusing on HUD's mission, we were talking about furniture for the Secretary's office.A HUD official disputed Foster's account."When it comes to decorating the Secretary's office, the only money HUD spent was ,200 to put up new blinds in his office and the Deputy Secretary's office,"HUD spokesman Raffi Williams told CNN. "The Secretary's Administrative officer is aware of the limit and ensured that the limit was not exceeded." HUD provided receipts to CNN that total ,373.Neither Candy Carson nor Clemmensen responded to a request for comment.On Tuesday, the liberal group American Oversight sued HUD in an attempt to find out how much taxpayer money Carson used to renovate or redecorate his office.American Oversight said that in November it submitted Freedom of Information Act requests for more than 20 agencies, including HUD, but that HUD did not respond to the information request.The latest allegations come as Carson is facing scrutiny for the role that his family has played in his department, after reports that his son, Ben Carson, Jr., organized an official listening tour in Baltimore last year against the advice of department lawyers that the move risked violating federal ethics rules. Carson has called on HUD's inspector general to review the issue. The IG's office calls it an "open matter." Carson has said that his family is "under attack" and that he wants to "put to rest these unfounded biases."Foster said she was so frustrated and concerned about the pressure she was under that she reached out to Sarah Lyberg, HUD's acting assistant chief financial officer for budget, on February 13. In the email which has been reviewed by CNN, she wrote that she had been asked about "finding additional money.""Is there any way Admin could appropriately spend additional funds over 00 to provide new furnishings or decorating for the Secretary's Office without getting appropriations approval," Foster asked Lyberg in the email.Lyberg responded: "We cannot exceed the cap."Further evidence that the issue continued to be a topic for discussion came On February 22, when the office of HUD's Chief Financial Officer sent a memo to Clemmensen and Janet Golrick, the department's acting deputy secretary, detailing the rules surrounding funds for decorating Carson's office.The memo, which was obtained by CNN, said that spending of more than ,000 "requires advance notice to the House and Senate Committees on Appropriations." If the department failed to give that notice, it would violate the Antideficiency Act, which bars federal agencies from spending federal money before it has been appropriated by Congress.Securing the Secretary 4926
The director of the Census Bureau says irregularities have been found during the numbers-crunching phase of the 2020 census. Thursday's announcement makes it less likely the statistical agency can meet a year-end deadline for handing in numbers used for divvying up congressional seats. The Census Bureau already was facing a shortened schedule of two and a half months for processing the data collected during the 2020 census — about half the time originally planned. “These types of processing anomalies have occurred in past censuses,” Census Bureau director Steven Dillingham said in a statement. “I am directing the Census Bureau to utilize all resources available to resolve this as expeditiously as possible. As it has been all along, our goal remains an accurate and statistically sound Census.”The Census Bureau wouldn’t say Thursday what the anomalies were or publicly state a new deadline for the apportionment numbers.Missing the Dec. 31 deadline for turning in the apportionment numbers would be a blow to President Donald Trump’s efforts to exclude people in the country illegally from being counted in the numbers used to determine how many congressional seats each state gets and how .5 trillion in federal spending is distributed.Once the president receives the numbers by the Dec. 31 deadline, the president has about a week or so from the start of the next Congress to transmit them to the House. If the Census Bureau delays turning in the apportionment numbers because of the processing problems, that transfer of the numbers could take place after President-elect Joe Biden takes office.Trump’s apportionment order has been found unlawful by three courts — in New York, California and Maryland. The Justice Department has appealed to the Supreme Court, which is hearing arguments at the end of the month. 1835
The future of the Deferred Action for Childhood Arrivals program got murkier Tuesday when the Texas attorney general made good on a threat to challenge it in court.The lawsuit throws a wrench in an already-complicated legal morass for the DACA program, which protects young undocumented immigrants who came to the US as children and which President Donald Trump has been blocked from ending, for the time being, by other federal courts.The lawsuit has the potential to create a headache for the Justice Department and courts as it could potentially conflict with rulings from judges in three separate judicial regions of the country who have blocked the end of DACA and could force the government to take an awkward position in the case.It may also potentially seal the issue's path to the Supreme Court.Texas Attorney General Ken Paxton and six other states on Tuesday filed a lawsuit challenging the lawfulness of DACA, arguing that former President Barack Obama's initial creation of DACA in 2012 violated the Constitution and federal law.The case was also re-assigned late Tuesday to District Judge Andrew Hanen, the judge who initially issued the nationwide ruling preventing DACA from being expanded through a similar program in 2014. Hanen was seen as particularly unfriendly to DACA based on his ruling in the related case, and advocates feared a DACA challenge before him would likely be decided the same way. His ruling ended up remaining in place after a Supreme Court challenge deadlocked 4-4 while awaiting a new justice after the death of Justice Antonin Scalia.The move follows through on a threat from Paxton and what was originally nine other states to challenge DACA in court as part of a lawsuit regarding a similar but broader program that expanded upon DACA to include parents. Paxton issued an ultimatum to Trump: End DACA himself or defend it in court and face the prospect it is overturned by a judge that had already rejected the program's expansion in that other lawsuit.Under Paxton's threat, Trump and his administration decided to end the program in September, with a wind-down period ostensibly to allow Congress to act to save it legislatively. After the administration said they would rescind the program, Paxton backed off and allowed the other lawsuit to be dispensed with.But multiple lawsuits were filed challenging the way Trump ended the program -- resulting in multiple federal judges putting the brakes on the move and ordering the Department of Homeland Security to resume processing renewals for the roughly 700,000 participants in the program. A federal judge in DC last week went a step further, saying the department had to resume accepting new applications unless it issued a new legal justification for ending the program that passed muster within 90 days.The Trump administration had used the possibility of a court immediately terminating DACA in response to such a lawsuit from Paxton as the justification for ending the program altogether -- a justification the federal judge in DC found flimsy.Congress, meanwhile, has failed to reach consensus on how to preserve the program with legislation, and the court rulings preserving the program only served to further take the pressure off lawmakers.The states challenging DACA are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia.Tuesday's move leaves plenty of questions going forward -- including whether the Justice Department will defend DACA in court in Texas or allow another entity to argue in its favor. The ruling could also have implications for the DC case and whether the administration's legal reasoning gains credence.If the Texas court were to also issue a nationwide ruling in favor of the termination of DACA, it could set up dueling nationwide decisions that would likely end up at the nation's highest court."The first three courts have ruled in favor of DACA recipients," said Stephen Yale-Loehr, a Cornell Law School professor and attorney with Miller Mayer. "If this lawsuit goes the other way, the Supreme Court may have to decide the issue." 4126
The Food and Drug Administration released updated safety standards Tuesday for makers of COVID-19 vaccines despite efforts by the White House to block them, clearing the way for requirements that are widely expected to prevent the introduction of a vaccine before Election Day.In the new guidelines posted on its website, the FDA said vaccine makers should follow trial participants for at least two months to rule out any major side effects before seeking emergency approval. That standard had been a sticking point between the FDA and White House officials, who said it could unreasonably delay the availability of COVID-19 vaccines.President Donald Trump has repeatedly insisted a vaccine could be authorized before Nov. 3, even though top government scientists working on the effort have said that timeline is very unlikely. On Monday Trump said vaccines are coming “momentarily,” in a video recorded after he returned to the White House.Former FDA officials have warned that public perception that a vaccine was being rushed out for political reasons could derail efforts to vaccinate millions of Americans.A senior administration official confirmed Monday that the White House had blocked FDA’s plans to formally publish the safety guidelines based on the two-month data requirement, arguing there was “no clinical or medical reason” for it.But on Tuesday, the FDA posted the guidance on its website, making clear that regulators plan to impose the safety standards for any vaccine seeking an expedited path to market.FDA Commissioner Stephen Hahn said in a statement that he hoped the guidelines would help “the public understand our science-based decision-making process that assures vaccine quality, safety and efficacy.”The requirements are aimed at companies seeking rapid approval through the FDA’s emergency authorization pathway. That accelerated process, reserved for health emergencies, allows medical products onto the market based on a lower bar than traditional FDA approval. But FDA has made clear only vaccines that are shown to be safe and effective will be authorized for coronavirus.Former FDA acting commissioner Dr. Stephen Ostroff said the requirements seem reasonable given the agency is in largely “uncharted territory” in terms of considering emergency use of a vaccine. The agency has only previously cleared one vaccine through the method — a decades-old shot that was authorized to prevent anthrax poisoning in 2005.“There really is no margin for error here,” Ostroff said. “Even when you’re talking about limited use of a vaccine there has to be some level of assurance that there isn’t a risk here that would far outweigh the benefit.”Dr. Peter Marks, the head of FDA’s vaccine division, said Tuesday that the two-month follow-up requirement was chosen to be “something reasonably aggressive, but not too conservative — right in the middle.” He spoke at a symposium organized by Johns Hopkins University.Initial doses of vaccines for emergency use would likely be reserved for medical workers and people with health conditions that make them particularly vulnerable to coronavirus. Full FDA approval for the general population will require significantly more data and is not expected until mid-2021.The White House attempt to block the guidance followed a string of instances in which the Trump administration has undercut its own medical experts working to combat the pandemic. FDA’s Hahn has been attempting to shore up public confidence in the vaccine review process for weeks, vowing that career scientists, not politicians, will decide if the shots are safe and effective.Pfizer CEO Albert Bourla has stoked excitement by saying that he expects data on whether the company’s candidate works to be ready in late October. But a number of variables would still have to align for the company to submit, and the FDA to review and greenlight, a vaccine application before Nov. 3. Pfizer’s competitors Moderna, AstraZeneca and Johnson & Johnson are working on longer research timelines.Vaccine development typically takes years, but the U.S. government has invested billions in efforts to accelerate the process and help multiple drugmakers prepare multiple candidates. All the doses will be purchased by the federal government for use vaccinating the U.S. population.Beyond exposing the rift between the White House and FDA, the delay in releasing the guidelines may have had limited practical effect.FDA scientists have been discussing the guidelines publicly for weeks and have made clear that the recommendations have already been shared with each of the vaccine developers.Former FDA Commissioner Scott Gottlieb said Tuesday that drugmakers depend on the FDA’s science-based endorsement to vouch for the safety and effectiveness of their products.“I can’t imagine a circumstance where a sponsor would challenge or seek to undermine the FDA’s role here,” Gottlieb said at the COVID-19 symposium. “This is precisely the moment when we need an objective, neutral arbiter.”Last week, Gottlieb and six other former FDA commissioners blasted the Trump administration for “undermining the credibility” of the agency in a op-ed calling for the release of the then-stalled vaccine guidelines.“Scientists should make decisions based on data, unfettered by political pressure or the intrusions of ideology or vested interests,” the officials wrote.___AP Medical Writer Lauran Neergaard contributed to this report.___The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Department of Science Education. The AP is solely responsible for all content. 5644
The Emmy Awards will be held live, and socially distanced, Sunday night to celebrate excellence in the television industry. It will be the first big Hollywood event broadcasted live amid the pandemic.Jimmy Kimmel will host from the Staples Center in Los Angeles. Other celebrities taking part include Morgan Freeman, Lin-Manuel Miranda, D-Nice, Patrick Stewart, Jason Bateman, Laverne Cox, Abbi Jacobson, RuPaul and Oprah Winfrey.Rather than using taped segments or elements like other awards shows this year, the Emmys will be using 130 cameras in 20 cities in ten countries to achieve a live show.Some of the nominees will be participating from home, surrounded by friends and family.Show producers are not expecting things to go smoothly, telling CNN Kimmel will be available throughout the night to “jump in as soon as anything goes wrong," producer Reginald Hudlin said.And what will Kimmel do? “If something happens technically, I will be touching upon all the skills I’ve acquired over the course of my life. I know one magic trick. I can kind of juggle. I guess I could draw caricatures of the crew,” Kimmel told The Hollywood Reporter.The 72nd Emmy Awards will air Sunday at 8 p.m. ET on ABC. 1209