Monthly Archives: July 2022

(Photo by Alex Wong/Getty Images)

If you texted John Eastman, in the past week or two, you may be waiting a while for a response. On Friday, US District Judge Robert C. Brack denied the Trump coup lawyer a temporary restraining order mandating the return of his iPhone after the FBI seized it on June 22 pursuant to a warrant.

If you were unfamiliar with Eastmans oeuvre, you might expect a former ConLaw professor to appreciate that the odds are pretty good that the government is going to win a Fourth Amendment seizure case particularly when they showed up with a signed warrant. But considering that Eastman was the main driver of a plan to allow the Vice President to unilaterally decide the winner of an election, it seems pretty on-brand. We are, after all, talking about a guy under federal, state, and congressional investigation, who nonetheless went on Tucker Carlsons show to encourage the routine spoliation of evidence.

On July 8, Eastmans counsel asked the court to issue a temporary restraining order to force the government to give back his phone and delete any copies of his hard drive, based on various First, Fourth, Fifth, and Sixth Amendment claims. Unlike in his original complaint, Eastman acknowledged this go round that the warrant clearly contemplates putting a filter team in place to shield any attorney-client documents.

The investigative team will not review the contents of the device(s) until further order of a court of competent jurisdiction. If a forensic extraction or manual screen capture of the contents of the device(s) occurs during the execution of the search warrant, the contents will not be reviewed by the investigative team until further order of a court of competent jurisdiction.

Nonetheless, he accuses the government of rummaging through the device and blithely asserts that [t]he complete absence of any proposal from the government for protecting privileged information makes this an open and shut case for likelihood of success.

Well, perhaps not.

Because there is no evidence that the Government has searched the phone or plans to search it without the benefit of a Filter Team, and because the warrant specifies that no search of the phone will occur until further order of the court, Eastman fails to show a likelihood of success on his claim under the Sixth Amendment, wrote Judge Brack, the senior judge in the District Court of New Mexico.

Eastman similarly failed to persuade the court that the warrant was defective becauseinter aliathe supporting affidavit wasnt attached, the agents were allowed to unlock it by holding it up to his face (OpSec FTW!), or because a warrant for any electronic or digital devicesincluding cell phones, USB devices, iPads, and computers identified in the affidavit and all information in such devices is somehow not specific enough to cover the seizure of his cell phone and all the information in it.

The court rendered no opinion on Eastmans bold claim that, if only the officers had allowed him to see the warrant before demanding that he hand over the phone, Movant would have been able to call the officers attention to the several constitutional infirmities evident on the face of the warrant, thus preventing the unconstitutional seizure in the first place.

But the court failed to be persuaded by Eastmans argument that it was illegal for the officers to take the phone first and give him the warrant second. Ditto for his position that the lack of reference to a specific crime in the warrant makes it defective.

Finally, Eastman contends that the warrant is facially invalid because it does not mention any particular crime for which the evidence was sought Judge Brack writes, noting dryly, He does not cite any authority on point.

The court set a briefing schedule on a possible preliminary injunction which puts the parties back in court on September 6. So if you want to be in touch with the Coups 4 Dummies lawyer before then, shoot him an email. But maybe dont put anything too personal in it theres always the outside chance that some agency or other might wind up reading it.

Eastman v. US [Docket via Court Listener]

Liz Dyelives in Baltimore where she writes about law and politics.

The rest is here:
John Eastman Can Cry On Fox About Being Treated Worse Than A Drug Dealer, But The FBI's Not Giving His Phone Back - Above the Law

Lubbock Avalanche-Journal

I am an old person and depressed. The United States Supreme Court seems to have taken a hard right turn. Given their Black Robes and Lifetime appointments, they are immune to public opinion and even that pesky Constitution. They can accomplish what their party has failed to do for decades.

In 2013 the Supreme Court struck down portions of the Civil Rights Act. Many states immediately took action to remove those rights from selected portions of Americans. The 2022 US Supreme Court has taken an even harder conservative step forward, it has granted the Federal Government sovereign immunity. That means that the Government cannot be held accountable for any violations of Civil Rights no matter how egregious they may be. This is a historical action, if you are interested in 1930s German history. If your civil rights get violated, all you will see is the Justices tapping out the rhythm while the government sings MC Hammer's U Cant Touch This. So much for that pesky Constitution's Fourth Amendment.

This is just the start of whats to come. The Supreme Court is going to change Democracy in America. If you are wondering what can be done, nothing. Black Robes and Lifetime appointments, they are untouchable. They're loyal and answer only to those who put them on the bench. Im afraid the color of the fabric of Democracy in America is no longer Red, White and Blue, but its more just red, a bright shiny red.

John Hodge/Slaton

Visit link:
Letter to the editor the changing color of democracy - LubbockOnline.com

President Joe Biden vowed to take executive action on climate change after Sen. Joe Manchin (D-W.Va.) put a sweeping tax and energy bill on hold, telling congressional Democrats to move ahead on a smaller measure to rein in drug prices and stop premium hikes for Obamacare.

Manchin said hed be willing back a prescription drug pricing package tied to a two-year extension of Affordable Care Act subsidies before a scheduled August recess. But he put the brakes on enacting a wider package of tax changes and measures to address climate change until at least September.

The Senate should move forward, pass it before the August recess, and get it to my desk so I can sign it, Biden said in the statement. While the statement never mentioned Manchin by name, Biden added that cutting the cost of prescription drugs and health care would reduce the deficit and fight inflation, two major issue for Manchin. Read more from Nancy Cook and Erik Wasson.

Eric Lee/Bloomberg

Sen. Joe Manchin (D-W.Va.) in March 2022.

CONGRESS AGENDA:

Regulations giving US House staffers the right to unionize kick in Monday, allowing workers who have been negotiating behind the scenes for months to move into a more public phase. Members of the Congressional Workers Unionthe primary group leading the drive for stafferssaid in an interview that the regulations taking effect allow staffers to feel fully secure and protected once they begin organizing in the daylight. Read more from Emily Wilkins and Paige Smith.

New requirements for contractor labor practices, improvements to federal and defense supply chains, and increased opportunities for small businesses are all part of the House-passed annual defense policy bill. The chamber approved the following contractor-related provisions as amendments to H.R. 7900, the National Defense Authorization Act for fiscal 2023. It passed the final version July 14. Read more from Patty Nieberg.

The House committee investigating Jan. 6 expects to receive texts it has subpoenaed from the Secret Service by Tuesday, panel member Zoe Lofgren (D-Calif.) said. A US Secret Service spokesman said Saturday the agency will cooperate by responding swiftly to the subpoena. Read more from Tony Capaccio.

Leadership have circulated text and a summary of legislation that would include $52 billion in grants and incentives to attract chip companies to the US along with money for training and wireless technology, according to a person familiar with the matter. Daniel Flately has more details.

Democratic candidates started July with a huge financial advantage in four of five US Senate battlegrounds that could determine which party controls the chamber next January, Federal Election Commission filings show. Republicans need to pick up one seat to take the chamber. But in three states that represent the most likely pick-ups and one where they must hold an open seat, Republicans will have to overcome a mountain of Democratic cash. Read more from Bill Allison.

Texas Democrats, underdogs for decades, probed for possible GOP weakness this election year at a biennial convention that focused on restoring access to abortion, protecting transgender rights and fortifying the electric grid. The goals were listed in a draft of the party platform released Saturday at an event in Dallas. Read more from Shelly Hagan.

Maryland primaries on Tuesday will pave the way for Republicans to retain control of one House district and have a shot at winning a second. If that doesnt sound like much for Republicans, its more than they may have expected after redistricting in staunchly Democratic Maryland. The Democratic legislatures initial congressional mapone that could have delivered an 8-0 shutout for the partywas struck down earlier this year. Read more from Greg Giroux.

Four years after angrily denying sexual assault allegations at his Senate confirmation, Justice Brett Kavanaugh remains the Supreme Courts lightning rod no matter how many conciliatory opinions he writes. Read more from Greg Stohr.

PRESIDENTS SCHEDULE:

A US energy envoy said he is confident Gulf producers will increase oil output after Bidens visit to Saudi Arabia, where he met with regional leaders. Based on what we heard on the trip, Im pretty confident that well see a few more steps in the coming weeks, Amos Hochstein, the State Departments senior adviser for energy security, told CBS Sunday. Hochstein, who was part of Bidens delegation on the visit, also cited Gulf oil producers Kuwait and the United Arab Emirates. Read more from Victoria Cavaliere.

Yellen said her plan to limit Russias oil earnings can overcome fears among potential partners that President Vladimir Putin may retaliate. What I heard was concern about retaliation, Yellen said Monday in an interview en route to Seoul, South Korea, after attending a gathering of Group of 20 finance ministers in Bali, Indonesia. Chrisopher Condon has more.

A judge in Tennessee temporarily blocked the Biden administrations rules ensuring transgender people at schools and workplaces have access to bathrooms, locker rooms and sports teams, the latest setback for LGBTQ Americans amid a backlash from Republican-led states. Read more from Erik Larson.

Civil liberties advocates are accusing Homeland Security of skirting the Fourth Amendment by buying access to peoples cellphone location data. The ACLU unveiled a tranche of records Monday showing how DHS obtained vast amounts of location data from companies that aggregate and sell the records. Read more from Ellen M. Gilmer.

To contact the reporters on this story: Brandon Lee in Washington at blee@bgov.com; Michaela Ross in Washington at mross@bgov.com

To contact the editors responsible for this story: Giuseppe Macri at gmacri@bgov.com; Loren Duggan at lduggan@bgov.com

Go here to read the rest:
What to Know in Washington: Biden Vows to Act Alone on Climate | Bloomberg Government - Bloomberg Government

As the world grapples with the rise of transferable digital assets from central-bank digital currencies (CBDCs) to stablecoins an oft-repeated concept is that national security and law enforcement will be in conflict with individual privacy.

This belief is based on the idea that we have only two choices: either reveal individual identities so that governments can track and trace potentially illicit digital transactions, or preserve individual privacy and severely jeopardize law enforcement interests. This binary concept is on track to inform policy, regulation and product development that could permanently impact the evolution of digital assets, computing systems, and finance.

It is a false choice, and one we should not accept.

The stakes are admittedly high when it comes both to law enforcement and individual privacy. We cannot and should not accept a future digital landscape where terrorists and criminals abuse the system. Nor can we accept a world where individuals sacrifice their right to privacy by exposing, en masse, economic and personal details to commercial or governmental actors.

Todays system of applying anti-money-laundering (AML) and know-your-customer (KYC) requirements is predicated on individuals turning over sensitive personally identifiable information (PII), which is susceptible to hackers and potential invasions of privacy by public and private sector entities. This cache of information, which includes full names, addresses, birthdates, Social Security numbers, business partners and more, is repeatedly disclosed to different institutions making each of them a holder of exceptionally sensitive data that cannot be put back in the bottle once exposed.

Fortunately, recent years has brought a range of privacy-enhancing techniques (PETs) that may create an ideal arrangement. At their core, these techniques are focused on being able to confirm certain critical information about an individual engaging in a transaction (for example, that the individual isnt on a terrorist watchlist), without revealing PII about that individual. Promising areas include zero-knowledge proofs, homomorphic encryption and multi-party computation, which generally enable parties to prove that an encrypted proposition is true without revealing the underlying information.

For example, cryptographic techniques can prove that someone is over 21 years old, rather than showing a drivers license that reveals personal information such as a home address. A zero-knowledge proof can keep such information encrypted, but perform a computation to verify that the encrypted birthdate is on or before the threshold date 21 years prior.

Likewise, cryptography can allow portable credentials that prove, rather than disclose, key elements, such as what trusted entity has conducted customer due diligence, what elements of information were checked, including sanctions lists, and more. This approach can drive expanded opportunities for people to access financial services through digital wallets faster and more broadly, including for economic impact payments and other emergency services. It will also safeguard and secure underlying personal information, which will no longer be as vulnerable to exposure from hacks. PII would only be revealed upon other risk factors justifying it, subject to legal protections.

The privacy technology frontier has meaningful implications for U.S. policy.

First, and most importantly, it is critical that policymakers develop policy based on where technology is headed rather than where it has been. When automobiles first emerged in England, an old law dubbed the Red Flag Act required self-propelled vehicles (previously, only steam-powered locomotives) to be led at walking pace by someone waving a red flag. The New York Times aptly pointed out in 1895 that it served to destroy the usefulness of a horseless carriage.

We should similarly not build rules imposing traditional identity disclosure requirements akin to a mechanic walking alongside a vehicle with a red flag just because we believe it is the only way to satisfy key objectives. Programs including FinCENs PET-dedicated Innovation Hours Program that focus on the important role of privacy-preserving principles in developing technical solutions is an example of forward-leaning approaches that need to be replicated across government to ensure we have rules that incorporate technological advances.

Just as traffic laws, signals, and road signs were a better alternative to people carrying around red flags, privacy-protecting zero-knowledge proofs are a better alternative to people broadly sharing their PII.

Safely ensuring privacy for the digital economy will be a core global competitive advantage.

Second, the U.S. should be pursuing massive investment into public-private research efforts aimed at developing the worlds most advanced privacy-enhancing tools. Safely ensuring privacy for the digital economy will be a core global competitive advantage. It can attract global consumers to adopt American platforms and solutions as they aim to preserve their privacy in the face of increasing surveillance and exploitation efforts, including major nation-state cyber attacks and pervasive global attacks on journalists.

Such collaborative efforts would also embed American norms and values into our digital infrastructure in stark contrast to global competitors. The U.S. decided long ago that although encryption (and the Fourth Amendment) makes it more difficult for the government to monitor activity, that security provides critical protection from anti-democratic authoritarians and attackers. Breaches are significantly less severe if the system comprehensively encrypts (or declines to collect) data from the beginning. Advances in PETs allows for that protection while securely and privately verifying and computing, rather than exposing, data. The choice is not binary.

Some progress is being made. The White Houseissued a comprehensiveExecutive Orderon broader digital asset policy a few monthsago, and agencies are currently putting out requests for more information. For example, the U.S.Treasury Department recently issued a request for comment. There are also a number ofCBDC-related billsthat focus on privacy.

When applied to digital-asset innovations, including development of a digital U.S. dollar, PETs will solve one of the larger perceived policy barriers: having to make a binary choice between privacy and security, when in fact, privacy is a necessary part of security and our democracy. The boundless energy of American ingenuity has been unlocked when people feel secure from exploitation. Advances in cryptography can help ensure personal and democratic resilience with more mathematical certainty and dynamic opportunity than the politically-contingent, binary (and false) trade-offs that are being presented.

Daniel Gorfine is former chief innovation officer of the U.S. Commodity Futures Trading Commission, co-founder of the non-profit Digital Dollar Project, and founder of Gattaca Horizons LLC.

Michael Mosier is former acting director of the U.S. Treasurys Financial Crimes Enforcement Network (FinCEN), former deputy chief of the U.S. Department of Justices Money Laundering & Asset Recovery Section, and is currently general counsel at Espresso Systems.

More: The long-awaited U.S. data-privacy bill appears to be on track, again

Also read: Ro Khanna: Tech-funding bill is not just about jobs its about a new patriotism

Read this article:
Stablecoin and other digital assets are falsely framed as a choice between personal privacy and national security. We can have both. - MarketWatch

Item 1.01 Entry into a Material Definitive Agreement.

The information required by this Item 1.01 is included in Item 2.03 and isincorporated herein by reference.

Item 2.03 Creation of a Direct Financial Obligation or an Obligation under anOff-Balance Sheet Arrangement of a Registrant.

Senior Unsecured Revolving Credit Facility

On July 15, 2022, TPG Operating Group II, L.P. ("TPG Operating Group II"), TPGOperating Group I, L.P. ("TPG Operating Group I"), TPG Holdings II Sub, L.P.("Holdings II Sub") and TPG Operating Group III, L.P. ("TPG Operating GroupIII", and together with TPG Operating Group II, TPG Operating Group I andHoldings II Sub, the "Co-Borrowers"), each as co-borrowers, entered into anamended and restated revolving credit facility (the "Senior Unsecured RevolvingCredit Facility") with Bank of America, N.A. as administrative agent, and thelenders party thereto.

The Senior Unsecured Revolving Credit Facility amends and restates the existingrevolving credit facility entered into on January 1, 2012 and as most recentlyamended and restated pursuant to the Fourth Amendment Agreement dated as ofNovember 19, 2021. TPG Operating Group II and the other Co-Borrowers areindirect subsidiaries of TPG Inc.

The Senior Unsecured Revolving Credit Facility, among other things, (i) extendsthe maturity date of the revolving credit facility from November 12, 2025 toJuly 15, 2027, (ii) increases the aggregate revolving commitments thereunderfrom $300 million to $700 million and (iii) replaces the London InterbankOffered Rate ("LIBOR") as the applicable reference rate with the SecuredOvernight Financing Rate ("SOFR"), and otherwise conforms the credit facility toaccommodate SOFR as the reference rate.

Dollar-denominated principal amounts outstanding under the Senior UnsecuredRevolving Credit Facility accrue interest, at the option of the applicableborrower, either (i) at a base rate plus applicable margin not to exceed 0.250%per annum or (ii) at a term SOFR rate plus a 0.10% per annum adjustment and anapplicable margin not to exceed 1.250%. Euro-denominated principal amountsoutstanding under the Senior Unsecured Revolving Credit Facility accrue interestat a Euro Interbank Offered Rate ("EURIBOR") rate plus an applicable margin notto exceed 1.250%. Sterling-denominated principal amounts outstanding under theSenior Unsecured Revolving Credit Facility accrue interest at a SterlingOvernight Index Average ("SONIA") rate plus an applicable margin not to exceed1.250%. TPG Operating Group II is also required to pay a quarterly commitmentfee on the unused commitments under the Senior Unsecured Revolving CreditFacility not to exceed 0.150% per annum, as well as certain customary fees forany issued letters of credit.

The Senior Unsecured Revolving Credit Facility contains customaryrepresentations, covenants and events of default. Financial covenants consist ofa maximum net leverage ratio and a requirement to keep a minimum amount of feegenerating assets under management, each tested quarterly.

The preceding is a summary of terms of the Senior Unsecured Revolving CreditFacility and is qualified in its entirety by reference to the Fifth Amended andRestated Credit Agreement dated as of July 15, 2022, among the Co-Borrowers,Bank of America, N.A. as administrative agent and the lenders party thereto,attached as Exhibit 10.1 to this report, which is incorporated herein byreference as though it was fully set forth herein.

Senior Unsecured Term Loan Agreement

On July 15, 2022, TPG Operating Group II, as borrower, and TPG Operating GroupI, Holdings II Sub and TPG Operating Group III, each as guarantors, entered intoan amended and restated term loan agreement (the "Senior Unsecured Term LoanAgreement") with Wells Fargo Bank, N.A. as administrative agent, and the lendersparty thereto.

The Senior Unsecured Term Loan Agreement amends and restates the existing termloan agreement entered into on December 2, 2021.

The Senior Unsecured Term Loan Agreement, among other things, replaces LIBOR asthe applicable reference rate with SOFR, and otherwise conforms the term loanagreement to accommodate SOFR as the reference rate.

Principal amounts outstanding under the Senior Unsecured Term Loan Agreementaccrue interest, at the option of the borrower, either (i) at a base rate plusan applicable margin of 0.00% or (ii) at a term SOFR rate plus a 0.10% per annumadjustment and an applicable margin of 1.00%.

The Senior Unsecured Term Loan Agreement contains customary representations,covenants and events of default. Financial covenants consist of a maximum netleverage ratio and a requirement to keep a minimum amount of fee generatingassets under management, each tested quarterly.

The preceding is a summary of terms of the Senior Unsecured Term Loan Agreementand is qualified in its entirety by reference to the Amended and Restated CreditAgreement dated as of July 15, 2022, among TPG Operating Group II, as borrower,TPG Operating Group I, Holdings II Sub, TPG Operating Group III, each asguarantors, Wells Fargo Bank, N.A. as administrative agent and the lenders partythereto, attached as Exhibit 10.2 to this report, which is incorporated hereinby reference as though it was fully set forth herein.

--------------------------------------------------------------------------------

Item 9.01 Financial Statements and Exhibits.

--------------------------------------------------------------------------------

Edgar Online, source Glimpses

See the original post here:
TPG INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet...