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WASHINGTON — The course of President-elect Joe Biden's transition to power is dependent in part on an obscure declaration called “ascertainment.” The formal presidential transition doesn’t begin until the administrator of the federal General Services Administration ascertains the “apparent successful candidate” in the general election. Neither the Presidential Transition Act nor federal regulations specify how that determination should be made. That decision greenlights the entire federal government’s moves toward preparing for a handover of power. It includes millions of dollars in funding for the new team, office space, and makes administration officials available. The administrator of the GSA, Emily Murphy, was appointed by President Donald Trump. She has not given any indication on when she would start the process.The General Services Administration is a government agency that is in charge of federal buildings. The GSA’s leadership is supposed to act independently and in a nonpartisan manner, and at least some elements of the federal government already have begun implementing transition plans. Aviation officials, for instance, have restricted the airspace over Biden’s lakefront home in Wilmington, Delaware, while the Secret Service has begun using agents from its presidential protective detail for the president-elect and his family.The most notable transition delay in modern history was in 2000, between outgoing President Bill Clinton and incoming President George W. Bush. The Supreme Court didn't decided a recount dispute between Al Gore and Bush until December. 1603

WASHINGTON (AP) — Democrats ignored a veto threat and rammed legislation through the House Tuesday that would stymie President Donald Trump's bid for billions of extra dollars for his border wall, escalating a clash over whether he was abusing his powers to advance his paramount campaign pledge.The House's 245-182 vote to block Trump's national emergency declaration throws the political hot potato to the Republican-run Senate, where there were already enough GOP defections to edge it to the cusp of passage. Vice President Mike Pence used a lunch with Republican senators at the Capitol to try keeping them aboard, citing a dangerous crisis at the border, but there were no signs he'd succeeded."I personally couldn't handicap the outcome at this point," said Senate Majority Leader Mitch McConnell, R-Ky., who's planning a vote within the next three weeks.Senate passage would force Trump's first veto, which Congress would surely lack the votes to override. But the showdown was forcing Republicans to cast uncomfortable votes pitting their support for a president wildly popular with GOP voters against fears that his expansive use of emergency powers would invite future Democratic presidents to do likewise for their own pet policies.Underscoring their desire to avoid a tally suggesting that Trump's hold on lawmakers was weakening, House Republican leaders worked to keep the number of GOP supporters below 53. That's how many would be needed to reach a two-thirds majority of 288 votes, assuming all Democrats vote "yes," the margin required for a veto override.Thirteen House Republicans joined all voting Democrats Tuesday to support the Democratic resolution.The White House wrote to lawmakers formally threatening to veto the legislation. The letter said blocking the emergency declaration would "undermine the administration's ability to respond effectively to the ongoing crisis at the Southern Border."Republicans said Democrats were driven by politics and a desire to oppose Trump at every turn, and said Trump had clear authority to declare an emergency to protect the country. They also defended the president's claims of a security crisis along the boundary with Mexico, which he has said is ravaged by drug smugglers, human traffickers and immigrants trying to sneak into the U.S. illegally."We are at war on the Southern border with the drug cartels," said Rep. Pete Olson, R-Texas.Trump has asserted that barriers would stop drugs from Mexico from entering the U.S. In fact, government figures show that 90 percent of drugs intercepted from Mexico are caught at ports of entry, not remote areas where barriers would be constructed.Democrats said Republicans repeatedly accused former President Barack Obama of flouting the Constitution, which gives Congress control over spending, but are ignoring Trump's effort to do the same."Is your oath of office to Donald Trump, or is your oath of office to the Constitution?" House Speaker Nancy Pelosi, D-Calif., asked Republicans.They said Trump's push for the wall reflected a continuation of the anti-immigrant views that helped fuel his election."Since when do we call human beings in need a national emergency?" said Mexican-born Rep. Jesus "Chuy" Garcia, D-Ill. "Is he running out of insults for people like me?"Democrats also said the crisis is a fiction manufactured by Trump to dance around Congress' vote this month to provide less than .4 billion for barrier construction. That was well below the .7 billion Trump demanded as he futilely forced a record-setting 35-day federal shutdown."The president does not get to override Congress in a raucous temper tantrum over his inability to broker a deal" with lawmakers for more money, said Rep. Hank Johnson, D-Ga. Rep. Joaquin Castro, D-Texas, sponsor of the one-sentence measure blocking the declaration, called Trump's move "constitutional vandalism."Trump used a 1976 law to declare a national emergency and ordered the shift of .6 billion from military construction projects to wall building. Citing other powers, he intends to shift another .1 billion from Defense Department anti-drug efforts and a fund that collects seized assets.The money would be used to build steel barriers up to 30 feet tall and other barriers and for "law enforcement efforts," said a White House statement.In the Senate, three Republicans have said they will back Democrats' drive to block the emergency declaration: Maine's Susan Collins, Alaska's Lisa Murkowski and North Carolina's Thom Tillis. One more GOP defection would provide enough votes to approve the Democratic measure, assuming all Democrats and their independent allies back it.Republicans said senators asked Pence numerous questions about which projects Trump would divert to pay for the wall, with Sen. Richard Shelby, R-Ala., saying the discussion was "hearty." Shelby, who chairs the Senate Appropriations Committee, which controls spending, said his panel would quickly "backfill" money for military construction with other funds he did not identify."That issue won't stay alive long," Shelby told reporters.Sen. John Thune of South Dakota, the chief GOP vote counter, said there may be GOP attempts to amend the House measure, saying Republicans "think they have amendments that would improve it."That suggests that McConnell may try finding a way to add language that could sink the Democratic resolution or, perhaps, make it more palatable for Republicans. The law requires the Senate to vote on a measure within 18 days of receiving it from the House.Though presidents have declared 58 emergencies under the law, this is the first aimed at acquiring money for an item Congress has explicitly refused to finance, according to Elizabeth Goitein, co-director for national security at New York University Law School's Brennan Center for Justice. This is also the first time Congress has cast votes on whether to annul an emergency declaration, she said.Even with Democrats' effort near-certain to ultimately fail, several lawsuits have been filed aimed at blocking the money, including by Democratic state attorneys general, progressive and environmental groups. Those suits at the very least are likely to delay access to those funds for months or years.___AP Congressional Correspondent Lisa Mascaro and reporter Colleen Long contributed. 6336

WASHINGTON (AP) — Contested congressional seats in the nation's suburbs are becoming battlefields, and each party is wielding what it hopes will be a potent weapon. During the pandemic, Democrats are widely returning to the health care theme they used in 2018 to capture House control. In some races, Republicans are promoting the need for law and order after racial justice protests this summer that sometimes turned violent. Even in campaigns where the GOP has chosen a different theme, President Donald Trump's recent focus on law and order can color the debate. Each side has tested its messaging carefully and thinks the other side has chosen a losing issue. 671

VISTA (CNS) - A man who fired a BB gun at an Oceanside business that had put up a sign supporting the Black Lives Matter movement pleaded guilty today to charges of violating civil rights by damaging property and vandalism.Steve Soto, 23, of Carlsbad, is slated to be sentenced Sept. 28 to one year in county jail stemming from the June 4 shooting that shattered a window at Bliss Tea & Treats.Oceanside police Sgt. John McKean said Soto drove by the business, then fired a BB gun out the window of his vehicle.The business had a sign in the window at the time that read: "Black owned, we stand with you," McKean said.The sergeant said surveillance video helped detectives identify the vehicle used in the crime, leading to Soto's arrest on July 15.He also pleaded guilty to an assault charge related to a May 28 incident involving a male victim and a misdemeanor vandalism count related to an unspecified July 4 incident.He was facing a hate crime allegation stemming from the Bliss Tea & Treats shooting and other misdemeanor charges of discharging a BB gun in a grossly negligent manner stemming from unspecified incidents occurring in June and July, but those counts were dismissed as part of the plea agreement. 1232

WASHINGTON — During his opening comments at a Congressional hearing on Tuesday, Dr. Anthony Fauci — the nation's top infectious disease expert — reiterated his confidence that a viable vaccine for COVID-19 would be developed by the end of the calendar year.Fauci says he believes that "it will be when, not if" that there will be millions of doses of a viable vaccine available by the end of 2020.Fauci made those comments Tuesday before the House Committee on Energy and Commerce. He is testifying along with Dr. Robert Redfield, the head of the Centers for Disease Control and Prevention, and Dr. Stephen Hahn, the head of the Food and Drug Administration.The hearing comes as coronavirus cases are rising in about half the states and political polarization is competing for attention with public health recommendations.The nation is emerging from weeks of stay-at-home orders and business shutdowns. But that's being done in an uneven way, with some states far less cautious than others.Fauci, formerly a fixture at daily coronavirus briefings held by the Trump administration at the White House, has continued to make regular media appearances. However, he has not appeared on camera at the White House in several weeks.The hearing takes place just days after President Donald Trump said at a rally on Saturday that he asked officials in his administration to "slow down" testing capacity in order to keep the number of confirmed cases steady. During a briefing on Monday press secretary, Kayleigh McEnany said that Trump's comments were made "in jest."However, in an interview with Scripps national politics editor Joe St. George, Trump did not specifically say if he asked officials to slow down testing, but added that "if it did slow down, frankly, I think we're way ahead of ourselves." 1803