Freedom of Information

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  • Senate FOIA Legislation: Going Nowhere Fast

    The FOIA blog
    scott hodes
    31 Jul 2014 | 5:24 am
    In June, S. 2520 the FOIA Improvement Act was introduced into the Senate by Senators Patrick Leahy (D-VT), John Cornyn (R-TX) and Edward Markey (D-MA).  Since then, according to OpenCongress.org, nothing has happened. Congress goes out for the Summer after this week and is not back into session until September 8.  For the bill to become law, it will need to go to the Judiciary Committee, reported and voted on by the floor and then go to conference with a similar but different House FOIA bill.  Frankly, time may be running our a 2014 FOIA bill.
  • Washington Post reporter arrested in Iran

    FIRST AMENDMENT COALITION » News & Opinion
    donal brown
    31 Jul 2014 | 12:51 pm
    Iran arrested Jason Rezaian, a Washington Post reporter, last week. The Iranians did not offer much information on the reasons for Rezaian’s arrest saying that he was detained for questioning. Rezaaian who holds U.S.-Iranian dual citizenship was detained with his Iranian wife also a reporter. (The Washington Post, July 25, 2014, by Ernesto Londono and William […]
  • Judge denies CNN request for Bergdahl documents

    IDOG
    IDOG
    30 Jul 2014 | 10:33 am
    Judge Robert J. Elgee issued a ruling on Tuesday denying a Cable News Network request for a 15-year-old Blaine County police report involving the Bowe Bergdahl family. From the Idaho Mountain Express
  • Immigration, Net Neutrality Help Trigger Big Spending Increases in 2nd Quarter Lobbying

    OpenSecrets Blog
    Lalita Clozel
    30 Jul 2014 | 12:52 pm
    UPS is on track to leave its 2013 lobbying expenditures in the dust. (AP Photo/David Goldman) Lobbying filings for the second quarter show that the public debate often seeps into the advocacy efforts of companies. This year: immigration, net neutrality and the right to channel a broadcast program using a tiny antenna have caused several companies to spend big in order to influence legislators. Meanwhile, some topics, including gun rights and defense spending, seem to have become too last year for heavy lobbying. Two organizations that logged the highest growth in lobbying spending, both…
  • Will Big Taxi's massive political spending advantage leave ride-sharing groups stranded?

    Sunlight Foundation Blog
    Stan Oklobdzija
    31 Jul 2014 | 10:54 am
    Uber is one of several ride-sharing companies fighting taxi cabs and insurance in states across the U.S. The next time you’re stuck at the airport, stranded by the side of the road or trying to catch a ride home on a Saturday night, consider the following fact: the taxi cab industry has donated at least $3,500 to the political war-chests of state legislators for every $1 that Uber, Lyft and Sidecar gave. This massive discrepancy in political giving may also explain why, since the start of 2014, at least 12 states and the District of Columbia have introduced new regulations aimed to limit…
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    The FOIA blog

  • Senate FOIA Legislation: Going Nowhere Fast

    scott hodes
    31 Jul 2014 | 5:24 am
    In June, S. 2520 the FOIA Improvement Act was introduced into the Senate by Senators Patrick Leahy (D-VT), John Cornyn (R-TX) and Edward Markey (D-MA).  Since then, according to OpenCongress.org, nothing has happened. Congress goes out for the Summer after this week and is not back into session until September 8.  For the bill to become law, it will need to go to the Judiciary Committee, reported and voted on by the floor and then go to conference with a similar but different House FOIA bill.  Frankly, time may be running our a 2014 FOIA bill.
  • Reporter's FOIA Journey Continues

    scott hodes
    28 Jul 2014 | 6:24 am
    Last week, I spotlighted a reporter's inital foray into the FOIA.  He has updated his attempt to get records from the Army which he is finding increasingly frustrating. I sympathize with his frustration; the FOIA is much harder than it should be because, as the reporter has found out, real life gets in the way.  The Army employee in charge of getting his records is detailed to another duty- the FOIA liasion's phone was transferred to someone unfamiliar with the FOIA.  The roadblocks go on and on. This is why FOIA professionals both inside and outside the government…
  • JFK Journalist Denied Attorney Fees in FOIA Suit

    scott hodes
    25 Jul 2014 | 12:56 pm
    Jefferson Morley, a journalist who writes extensively about the JFK Assassination has been denied attorney fees and costs in his FOIA lawsuit against the CIA for records on George Joannides.  The motion was denied previously but was remanded by the Court of Appeals with instructions on how the request should be analyzed.  More can be found here on Morley's website, JFKfacts.
  • FOIA Workshop - Sept. 3 and 4 in Chicago

    scott hodes
    24 Jul 2014 | 8:20 am
    My last major FOIA training as the President of ASAP is nearing - its in Chicago on September 3 and 4th and I'm told that registration is going well.  There is a finite amount of space available and early bird pricing will run out shortly, so anyone interested should register today.  All the details can be found here.
  • NSA Redactions on Foreign Intelligence Surveillance Court Opinion Upheld

    scott hodes
    23 Jul 2014 | 7:00 am
    Courthouse News Service has this article about the Electronic Frontier Foundation's lawsuit for an unredacted copy of a Foreign Intelligence Surveillance Court Opinion on NSA Surveillance.  The 81 page opinion has been reprocessed a number of times during the litigation and the Court finally found that the NSA's remaining redactions were proper.
 
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    IDOG

  • Judge denies CNN request for Bergdahl documents

    IDOG
    30 Jul 2014 | 10:33 am
    Judge Robert J. Elgee issued a ruling on Tuesday denying a Cable News Network request for a 15-year-old Blaine County police report involving the Bowe Bergdahl family. From the Idaho Mountain Express
  • Senator suggests secret review by lawmakers before releasing OPE reports

    IDOG
    28 Jul 2014 | 6:05 pm
    Sen. Dean Mortimer, R-Idaho Falls, has been pushing to let lawmakers review reports from the Legislature’s Office of Performance Evaluations in closed meetings and suggest changes before they’re released publicly, the AP reports. The OPE conducts detailed and often controversial investigations into how state agencies operate and points to savings, efficiencies or improvements; its director, Rakesh Mohan, staunchly opposes any such change in the rules because it would alter the office’s independence and credibility. From AP/Eye on Boise
  • CNN argues for access to Bergdahl police report

    IDOG
    23 Jul 2014 | 8:57 am
    Judge Robert J. Elgee will review a 15-year-old police report involving the Bowe Bergdahl family before making a decision if the report should be released to Cable News Network. From the Idaho Mountain Express
  • Records from St. Luke’s antitrust trial to be revealed

    IDOG
    8 Jul 2014 | 11:10 am
    Almost 900: That's how many witness statements, internal emails, hospital prices and other documents U.S. District Judge B. Lynn Winmill pored over in the past couple of months, sorting out what should be kept secret from what the law requires him to make public. From the Idaho Statesman
  • CNN files lawsuit against Blaine County over Bergdahl records

    IDOG
    4 Jul 2014 | 11:06 am
    Cable News Network has filed a lawsuit against Blaine County seeking information from a 1999 police investigation involving the family of Bowe Bergdahl, the Wood River Valley soldier who spent five years in captivity of the Taliban. From the Idaho Mountain Express
 
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    OpenSecrets Blog

  • Immigration, Net Neutrality Help Trigger Big Spending Increases in 2nd Quarter Lobbying

    Lalita Clozel
    30 Jul 2014 | 12:52 pm
    UPS is on track to leave its 2013 lobbying expenditures in the dust. (AP Photo/David Goldman) Lobbying filings for the second quarter show that the public debate often seeps into the advocacy efforts of companies. This year: immigration, net neutrality and the right to channel a broadcast program using a tiny antenna have caused several companies to spend big in order to influence legislators. Meanwhile, some topics, including gun rights and defense spending, seem to have become too last year for heavy lobbying. Two organizations that logged the highest growth in lobbying spending, both…
  • Lobbying in First Six Months Almost Level With Previous Year

    Russ Choma
    30 Jul 2014 | 10:56 am
    Spending on K Street through the first half of this year is barely lower than it was last year — perhaps an early sign that the lobbying industry is coming out of its slide. Federal lobbying expenditures have slipped from a high of $3.55 billion in 2010 to $3.23 billion last year, for reasons not fully understood. But so far this year, a new analysis by OpenSecrets.org shows, clients have spent an estimated $1,623,000,000 on lobbying, which is only $4 million less than what they spent through the first half of 2013. But before the District’s steakhouses start celebrating, the bad…
  • Millennials: Are Your Favorite Brands Influencing Politics?

    David Joyner
    29 Jul 2014 | 11:35 am
    The buying power of Americans born between 1980-2000 is on the rise, but do they know whether their favorite brands are spending profits in the political sphere? (Dominic Lipinski/AP Wire) Studies have confirmed several statistics about the group known as millennials, the generation born between 1980 and 2000. They’re on track to be the most educated generation to date, they’re getting married significantly later in life, and they’re in debt. They’re also the most civically engaged generation the United States has ever seen. Millennials are more likely to discuss current events…
  • One GOP Consultant, Two Campaigns and a Snarl of Outside Groups

    Russ Choma
    28 Jul 2014 | 10:44 am
    Republican candidate for U.S. Senate David Perdue greeting supporters at his primary election-night watch party. Perdue narrowly prevailed in the GOP runoff with the assistance of a super PAC funded by mysterious donors who also employed one of his top consultants. (AP Photo, File) Bruce Rauner is a Chicago billionaire who has never held political office, yet this spring he mowed down a crowd of rivals and claimed the GOP nomination to be Illinois’ next governor. David Perdue is a wealthy former executive who also has never been elected to public office, yet he too knocked off a string…
  • Casinos Chip In On Bill to Ban Online Gaming

    Lalita Clozel
    25 Jul 2014 | 11:12 am
    Billionaire casino owner Sheldon Adelson, who is fighting to ban online gaming, has already exceeded political spending limits that were in place before April’s Supreme Court ruling in McCutcheon v. FEC. (Flickr/העין השביעית the7eye.org.il) Casinos are upping the ante over a ban on online gaming being considered in Congress, recent lobbying filings show. The Restoration of America’s Wire Act, introduced in March by Sen. Lindsey Graham (R-S.C.) and Rep. Jason Chaffetz (R-Utah),  has caused an outpouring of spending from groups either supporting or opposing the bill.
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    Sunlight Foundation Blog

  • Will Big Taxi's massive political spending advantage leave ride-sharing groups stranded?

    Stan Oklobdzija
    31 Jul 2014 | 10:54 am
    Uber is one of several ride-sharing companies fighting taxi cabs and insurance in states across the U.S. The next time you’re stuck at the airport, stranded by the side of the road or trying to catch a ride home on a Saturday night, consider the following fact: the taxi cab industry has donated at least $3,500 to the political war-chests of state legislators for every $1 that Uber, Lyft and Sidecar gave. This massive discrepancy in political giving may also explain why, since the start of 2014, at least 12 states and the District of Columbia have introduced new regulations aimed to limit…
  • Snap Shot U.S.: It takes a scandal

    Lisa Rosenberg
    31 Jul 2014 | 10:41 am
    Money, Politics and Transparency will occasionally take a “Snap Shot” of the political finance landscape in a specific country. A Snap Shot is an anecdotal look at where a country’s political finance transparency regime is at present, along with some background on how it got where it is today. Since the Sunlight Foundation is so familiar with the U.S. system, we thought we’d launch the series with a Snap Shot from our home turf. Film, Mr. Smith Goes to Washington, Image Credit: Flickr Creative Commons The history of political finance transparency in the U.S. is one of fits and starts,…
  • Public universities, for-profit colleges seek higher stake in student loans

    Alexander Furnas
    31 Jul 2014 | 8:05 am
    Younger voters are notoriously disinterested in the political process, at least when it comes to elections for Congress. But a Sunlight Foundation analysis of student loan lobbying data suggests that major players in the political process are interested in them. Since Congress voted in 2010 to push commercial banks out of the federally funded student loan market, lobbying by commercial banks on the subject has dropped significantly. But lobbying by other entities that have much to gain from keeping young adults in debt continues apace – especially higher education organizations, which have…
  • Today in #OpenGov 7/31/2014

    Joy Wang
    31 Jul 2014 | 6:20 am
    Keep reading for today's look at #OpenGov news, events, and analysis, including expedited firing processes at the VA, press censorship in India, and the latest developments in the federal investigation into the operation of New York's Moreland Commission. National News The House has passed a bipartisan bill that would make it easier to fire people in leadership positions at the VA. Employees would stop receiving pay on the day of their termination, and would have three weeks to file an appeal with the Merit Systems Protection Board. While the legislation passed 420-5, some expressed concerns…
  • Liberal groups to Joni Ernst: Keep the ethanol cash flowing

    Peter Olsen-Phillips
    30 Jul 2014 | 12:20 pm
    Two new ads unveiled on Wednesday take aim at Iowa Senate candidate Joni Ernst for her controversial remarks on the Renewable Fuel Standard (RFS). Controversial, because Ernst is running in corn-rich Iowa where ethanol is big business. That, combined with a Washington fundraiser hosted by representatives from ExxonMobil's political action committee, has turned into fodder for Democratic groups looking to gain an edge in the competitive race. The state's Democratic party committee paid for one of the ads while NextGen Climate Action, a super PAC funded by liberal billionaire Tom Steyer…
 
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    Deeplinks

  • Your Wireless Router Is Broken—Help Us Fix It At DEF CON

    Adi Kamdar and Ranga Krishnan and Steve Bono
    1 Aug 2014 | 8:00 am
    As part of our Open Wireless Movement, we set out to create router software that would make it easier for people to safely and smartly share part of their wireless network. Protecting hosts, so their security is not compromised because they offer open networks, is one of the goals of the router software we released. However, as research published by Independent Security Evaluators (ISE) and others has shown, almost every popular home router has serious security flaws. In developing the router software, we realized that we also needed to tackle the more fundamental problem of home router…
  • Hate Your ISP? Maybe You Need Community Fiber

    corynne mcsherry
    31 Jul 2014 | 2:32 pm
    Brian Carver co-authored this post. Between the net neutrality debate and the Comcast/TWC merger, high-speed Internet access is getting more attention than ever. A lot of that attention is negative, and rightly so: Internet access providers, especially certain very large ones, have done a pretty good job of divvying up the nation to leave most Americans with only one or two choices for decent high-speed Internet access. Many of us don't like those options. That’s one reason folks have been looking to the FCC to enact neutrality rules. If there’s no competition, customers can’t vote with…
  • Australia: You Wouldn't Steal a DVD, But You Would Block Websites and Suspend Internet Accounts

    Jeremy Malcolm
    31 Jul 2014 | 1:47 pm
    When the Australian government first began requiring Internet Service Providers (ISPs) to block websites in 2012, Australians were assured that it would only be used to block the "worst of the worst" child pornography. This week, a discussion paper was issued that proposes to extend this Web blocking regime, so that it would also block sites that facilitate copyright infringement. Funny how that always seems to happen. You may remember a similar website blocking scenario in the proposed Stop Online Piracy Act (SOPA), which prompted an unprecedented online uprising from Internet users in the…
  • Introducing EFF's Stupid Patent of the Month

    Vera Ranieri
    31 Jul 2014 | 11:55 am
    Here at EFF, we see a lot of stupid patents. There was the patent on “scan to email.” And the patent on “bilateral and multilateral decision making.” There are so many stupid patents that Mark Cuban endowed a chair at EFF dedicated to eliminating them. We wish we could catalog them all, but with tens of thousands of low-quality software patents issuing every year, we don’t have the time or resources to undertake that task. But in an effort to highlight the problem of stupid patents, we’re introducing a new blog series, Stupid Patent of the Month, featuring spectacularly dumb…
  • Mitro Releases a New Free & Open Source Password Manager

    Peter Eckersley
    31 Jul 2014 | 10:12 am
    Good security practices require us to use different passwords for most or all of the websites and services we interact with. For accounts of any significance, those also need to be strong passwords of one form or another. But if you combine those two requirements (one password per site, most or all passwords are strong) then remembering all of your passwords requires an inhuman display of memory. Of course, when we need to perform inhuman tasks, we use software. And in this case, we use password stores and generators of various sorts. There are a lot of options for password managers out…
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    The Fine Print: blog posts from Center for Effective Government

  • The Truth in Settlements Act: A Good First Step toward Ending the Tax Deduction for Corporate Fines and Settlements

    sklinger
    29 Jul 2014 | 1:03 pm
    When corporations commit fraud or have an accident that threatens human health or damages the environment, they pay a fine or settlement to resolve legal claims. These costs can run into the billions of dollars. In general, out-of-court settlements paid to a government for punitive damages (those designed to punish corporations for lax business practices that cause public harm) cannot be deducted from a firm’s taxes.  However, if settlements are paid to private parties or to a governmental agency as “compensation” to offset costs incurred in clean-up or during an…
  • People Use Government to Stay Connected: The Post Office

    sklinger
    28 Jul 2014 | 11:53 am
    A year before the Declaration of Independence was signed; the Continental Congress passed a bill establishing the national post office. Ever since, the post office has played a vital role in facilitating the flow of ideas and goods across our far-flung land. In its quest for ever quicker and more efficient deliveries, the post office has been an early supporter of every new transportation innovation in our country’s history. Mail Moves Slowly in the Colonies From the earliest days of the American colonies, people needed to communicate with each other over large expanses of thinly…
  • Report Finds Flaws in Small Business Advocacy Office

    kweatherford
    28 Jul 2014 | 10:03 am
    According to a recent report by the Government Accountability Office (GAO), the Small Business Administration's Office of Advocacy has failed to develop and implement procedures necessary to ensure the office is effectively carrying out its mission of representing small businesses before federal agencies.   Background GAO’s findings highlight many of the concerns the Center for Effective Government addressed in a report last year, entitled Small Businesses, Public Health, and Scientific Integrity: Whose Interests Does the Office of Advocacy at the Small Business Administration…
  • EPA Requests Public Comments on Chemical Safety Standards

    afrank
    25 Jul 2014 | 2:37 pm
    On July 24, the U.S. Environmental Protection Agency (EPA) released a preview of its Request for Information (RFI) on revisions to its Risk Management Program, which tracks information and requires disaster prevention plans from potentially risky chemical facilities. The request represents the next step in the federal process to improve the safety of our nation's chemical plants, begun following the 2013 fertilizer facility explosion in West, Texas that left 15 dead and hundreds injured. The RFI, part of a process required by an executive order that President Obama issued in August 2013,…
  • The Consumer Financial Protection Bureau: A Public Solution for Widespread Individual Problems

    sklinger
    23 Jul 2014 | 1:25 pm
    The Great Recession that started in 2007 wiped out $7 trillion of wealth in America and led to 4.5 million families losing their homes to foreclosure. As people picked up the pieces from the meltdown, the abuses within the financial services industry became increasingly clear. An angry public demanded action. Two years later and after much resistance from the financial sector, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, establishing, among other things, the Consumer Financial Protection Bureau (CFPB). The CFPB was the brainchild of then-Harvard University…
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    Local Open Government Blog

  • Recommended Reading: Open Public Meetings Law

    Foster Pepper
    31 Jul 2014 | 10:35 am
    Foster Pepper’s Regulatory & Government Affairs practice recommends staying updated on state open public meetings law and reading the most recent development as reported by Justin Runquist of The Columbian. Washougal mayor: Council may have violated public meetings law. 
  • Names of Police Officers Involved in Shootings Subject to Disclosure in California

    Steve DiJulio
    25 Jun 2014 | 9:47 am
    The Los Angeles Times requested that the City of Long Beach release names of police officers involved in shootings that occurred while the officers were on duty. The officers’ union sued the City to prevent disclosure, and the LA Times intervened in support of its request. Following earlier decisions in favor of the Times and disclosure, the California Supreme Court affirmed those earlier decisions. Long Beach Police Officers Ass’n v. City of Long Beach, 203 Cal.App.4th 292 (May 29, 2014). Finding that, while disclosure of officers’ names may not be warranted in every…
  • Former Public School Teacher Has No Privacy Right to District Investigation of Sexual Misconduct

    Steve DiJulio
    7 May 2014 | 10:55 am
    In early 2012, The Spokesman-Review requested records from the Riverside School District relating to Allen Martin. Mr. Martin, when a teacher at the District, engaged in sexual conduct with a consenting adult in Martin’s classroom. As a result, the District did not renew his teacher’s contract. Mr. Martin filed a lawsuit to prevent the District’s disclosure in response to the Public Records Act request. On January 30, 2014, the Court of Appeals issued its Opinion upholding the disclosure of the District’s records. On March 18, 2014, the Court ordered that its decision…
  • When is a Committee Not a Committee Under the OPMA?

    Steve DiJulio
    2 May 2014 | 10:43 am
    The Washington Open Public Meetings Act (OPMA), chapter 42.30 RCW, applies to a “governing body” as well as to a committee that “acts on behalf of” a governing body. The key definitions from the OPMA, at RCW 42.30.020, include as follows: (1) “Public agency” means: (a) Any state board, commission, committee, department, educational institution, or other state agency which is created by or pursuant to statute, other than courts and the legislature; (b) Any county, city, school district, special purpose district, or other municipal corporation or political…
  • Court Of Appeals Determines That Public Records Act Exemption For Proprietary Information Obtained By Public Agencies Can Be Asserted By Private Parties

    Adrian Urquhart Winder
    7 Mar 2014 | 2:55 pm
    In Robbins, Geller, Rudman & Dowd, LLP v. State, Division II of the Court of Appeals decided that private parties may assert the Public Records Act exemption in RCW 42.56.270(1) for certain financial, commercial, and proprietary information obtained by public agencies. Private parties may also assert that disclosure would produce a public loss, regardless of the agency’s position on the issue. However, the court declined to address the open question in Washington of the proper standard for an injunction based on an “other statute” exemption under RCW 42.56.070(1). The…
 
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    Sunlight Foundation Blog

  • Will Big Taxi's massive political spending advantage leave ride-sharing groups stranded?

    Stan Oklobdzija
    31 Jul 2014 | 10:54 am
    Uber is one of several ride-sharing companies fighting taxi cabs and insurance in states across the U.S. The next time you’re stuck at the airport, stranded by the side of the road or trying to catch a ride home on a Saturday night, consider the following fact: the taxi cab industry has donated at least $3,500 to the political war-chests of state legislators for every $1 that Uber, Lyft and Sidecar gave. This massive discrepancy in political giving may also explain why, since the start of 2014, at least 12 states and the District of Columbia have introduced new regulations aimed to limit…
  • Snap Shot U.S.: It takes a scandal

    Lisa Rosenberg
    31 Jul 2014 | 10:41 am
    Money, Politics and Transparency will occasionally take a “Snap Shot” of the political finance landscape in a specific country. A Snap Shot is an anecdotal look at where a country’s political finance transparency regime is at present, along with some background on how it got where it is today. Since the Sunlight Foundation is so familiar with the U.S. system, we thought we’d launch the series with a Snap Shot from our home turf. Film, Mr. Smith Goes to Washington, Image Credit: Flickr Creative Commons The history of political finance transparency in the U.S. is one of fits and starts,…
  • Public universities, for-profit colleges seek higher stake in student loans

    Alexander Furnas
    31 Jul 2014 | 8:05 am
    Younger voters are notoriously disinterested in the political process, at least when it comes to elections for Congress. But a Sunlight Foundation analysis of student loan lobbying data suggests that major players in the political process are interested in them. Since Congress voted in 2010 to push commercial banks out of the federally funded student loan market, lobbying by commercial banks on the subject has dropped significantly. But lobbying by other entities that have much to gain from keeping young adults in debt continues apace – especially higher education organizations, which have…
  • Today in #OpenGov 7/31/2014

    Joy Wang
    31 Jul 2014 | 6:20 am
    Keep reading for today's look at #OpenGov news, events, and analysis, including expedited firing processes at the VA, press censorship in India, and the latest developments in the federal investigation into the operation of New York's Moreland Commission. National News The House has passed a bipartisan bill that would make it easier to fire people in leadership positions at the VA. Employees would stop receiving pay on the day of their termination, and would have three weeks to file an appeal with the Merit Systems Protection Board. While the legislation passed 420-5, some expressed concerns…
  • Liberal groups to Joni Ernst: Keep the ethanol cash flowing

    Peter Olsen-Phillips
    30 Jul 2014 | 12:20 pm
    Two new ads unveiled on Wednesday take aim at Iowa Senate candidate Joni Ernst for her controversial remarks on the Renewable Fuel Standard (RFS). Controversial, because Ernst is running in corn-rich Iowa where ethanol is big business. That, combined with a Washington fundraiser hosted by representatives from ExxonMobil's political action committee, has turned into fodder for Democratic groups looking to gain an edge in the competitive race. The state's Democratic party committee paid for one of the ads while NextGen Climate Action, a super PAC funded by liberal billionaire Tom Steyer…
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