Categories
Government Legal, Laws, and Regs Medical

Dear Buddy Carter

Your compatriot, Rich McCormick, had a town hall recently. It did not go as well as he hoped, especially considering the continued chaos in the federal government. Still, he did what a Congressional representative should do, and met with the public he represents.

And that leads us to you. Exactly when will you meet with the people who you represent? After all, with all the federal firings and destruction of government programs, folks want to know how this is going to impact all of us.

For instance, the latest program trashed was FEMA’s input into new building standards to ensure homes are better able to withstand natural disasters. This is, after all, a win/win for everyone, including the people you represent. We’re all vulnerable to hurricanes, flooding, and strong winds.

The building industry might whine, but the 1-2% cost in construction is nothing compared to the billions, likely trillions, of dollars saved. All we can hope is that there are local and state governments intelligent enough to know that constructing homes that can’t withstand hurricanes doesn’t magically make the hurricanes go away.

Then there’s the talk about the House Budget, and the targeting of Medicaid. At least we assume the effort will target Medicaid, only…targeting Social Security and Medicare being that whole third-rail thing.

I spent some time getting to know the counties you represent. Especially the counties in the south. I discovered from various maps, including several put out by the state of Georgia that you represent counties they are some of the poorest in the state. Not only that, but many have little or no healthcare access other than some regional rural hospitals.

Yet one of the most important elements to ensure rural healthcare access is Medicaid. Because of Medicaid, hospitals and doctors are paid and can financially continue to operate. Because of Medicaid expansion, people can see doctors sooner, when it’s actually cheaper to treat them, then wait until a life-threatening crisis occurs.

Because of Medicaid expansion, many Republican voter lives have been saved. I wanted to point this out because Congressional Republicans like yourself seem to believe that Medicaid expansion only helps Democratic voters  That’s the only reason why I would think that you’d attempt to decimate Medicaid in order to pay for tax cuts for rich folk like yourself.

(You do know that no one is buying that whole tax cut thing is good for the country any more, right? Just wanting to ensure we’re communicating from the same basis of understanding.)

And the talk of work requirements for Medicaid. That’s all hogwash, and a supposedly well-informed member of a health profession would know this. Particularly a member of the health profession who also happens to represent Georgia. You only have to look at the debacle which is the Pathways to Coverage to see how true this is. Even though over 92% of adult Medicaid recipients are working, the complications associated with trying to meet the requirements actually prevents eligible people from signing up.

I suppose this is the intent, though. You can then point to the faulty Medicaid roll out as helping your citizens, at the same time you can gut the expansion and cut the costs by making the rules so arduous and complex, only 1 in 10 can survive the red tape gauntlet.

“We offered, but no one signed up!”

I’d say this is politically brilliant if I wasn’t so overcome with revulsion at the self-serving callousness of it all.

Sorry, that wasn’t very friendly, was it? And I want to be friendly. I want to encourage you to come meet with folks like me, and explain to us why what’s happening in DC is good for us.

But you will have to excuse my cynicism at times. People dying. People sick. People ruined by medical costs. People’s homes destroyed in hurricanes, federal workers lives destroyed because some 19 year old kid is now in control in various government departments….is this what you’re promising for the citizens of Georgia? If not, then there’s a simple solution to getting out the message you want Georgia citizens to hear:

Have a town hall.

Answer questions from the people you represent. Tell us why all the DOGE federal worker cuts are good, and firing people handling the bird flu outbreak is smart, or removing building standards that will actually cut billions in hurricane losses is a win. Explain how Trump can override the Congressional power of the purse and you in Congress are OK with this. Or that Trump can dissolve the independent US Postal service and fire all of its board, in contradiction of laws Republicans helped pass.

(That last one was a new one to me, and I admit even after the last four weeks, kind of knocked the breath out of me.)

We’re just plain folk here in Georgia’s First Congressional district. We’re not politicians or government experts.  We don’t understand all the complicated DC political stuff, because frankly, what’s happening in DC makes no sense to most of us.

Have a town hall. And not by phone, either. Meet us, face to face. We really want to have a talk with you.

Sources

https://www.yahoo.com/news/gop-rep-rich-mccormick-faces-044356470.html

https://www.npr.org/2025/02/20/nx-s1-5303478/fema-trump-building-codes-floods-hurricane-disasters

https://www.npr.org/sections/shots-health-news/2025/02/20/nx-s1-5303475/republicans-medicaid-cuts-trump-hospitals

https://hdpulse.nimhd.nih.gov/data-portal/social/map?age=001&age_options=ageall_1&demo=00007&demo_options=poverty_3&race=00&race_options=race_7&sex=0&sex_options=sexboth_1&socialtopic=080&socialtopic_options=social_6&statefips=13&statefips_options=area_states

https://www2.census.gov/geo/maps/cong_dist/cd115/cd_based/ST13/CD115_GA01.pdf

https://dch.georgia.gov/divisionsoffices/state-office-rural-health/sorh-maps-georgia

https://www.nbcnews.com/politics/doge/usda-accidentally-fired-officials-bird-flu-rehire-rcna192716

https://www.cnn.com/2025/02/21/business/trump-postal-service-privatization/index.html

Categories
Government Legal, Laws, and Regs

Trump’s and Musk’s Betrayal

It was a tip to Washington Post that gives us an indication of what’s really happening with DOGE.

Musk’s claims of changing code and stopping payments was nothing more than a distraction, a way of keeping our focus on what one hand is doing while the other operates freely.

Trump’s blathering out developing Gaza, or the photogenic migrant raids and talk of El Salvador prisons—while heinous and shocking to see and hear from a US President—also serve to distract us fom what DOGE is really doing.

They’re siphoning up all our data, every bit of it. They may be running it through AI systems, true, but that’s not the problem: the problem is all that data is leaving federal systems and being transferred to cloud systems and computers that Musk controls, not us.

Microsoft Azure is a cloud-based platform. This means all that data is being moved outside of strict federal protections and into privately held accounts on Microsoft’s cloud system.

We thought we had stopped them in court, but even that was a distraction. How Musk must have laughed when lawyers out to protect our data inadvertently gave DOGE permission to do what they really wanted to do in the first place: get the data.

As Wired notes:

Speaking of data: They want that, too. DOGE agents are installed at or have visited the Treasury Department, the National Oceanic and Atmospheric Administration, the Small Business Administration, the Centers for Disease Control and Prevention, the Centers for Medicare and Medicaid Services, the Department of Education, the Department of Health and Human Services, the Department of Labor. Probably more. They’ve demanded data, sensitive data, payments data, and in many cases they’ve gotten it—the pursuit of data as an end unto itself but also data that could easily be used as a competitive edge, as a weapon, if you care to wield it.

The tip was about the Department of Education, but we’ve heard about DOGE people in the Treasury and Medicare/Medicaid systems. We know they’ve already grabbed data related to USAID. And Musk has bragged about accessing all government systems—ostensibly to improve them, but in actuality, to get the data. All that data.

All the information about student loans, all the information about grants, all Medicare and Medicaid payments—and the procedures, diagnoses, and treatments related to those payments.

All of our tax filings, our social security payments and records, any government expenditure, FEMA claims…all of it being siphoned off and sent to the cloud. Not only data about government employees, but data about us.

All corporate data, including taxes, government fees and fines, confidential decisions and actions related to farm and factory.

Data from and about banks and financial institutions, including payment details if we have direct deposit.

And once it’s out there, there’s nothing we can do to grab it back and keep it safe.

We are witnessing the greatest data breach in history, and it’s happening not because of hackers from China or Russia, but from agents in our own federal government. Agents put there by Musk with President Trump’s approval.

What a profound betrayal of the people of this country.

Categories
Government Legal, Laws, and Regs

Oh geez, lawyers, please next time talk to the techs

Adding on to my previous post, about the lawsuit against Treasury for allowing DOGE free reign in sensitive systems, we’re now hearing that DOGE people are illegally accessing sensitive data at the Department of Education, and feeding it wholesale—without scrubbing it of identifying information—into a Microsoft Azure cloud-based AI tool of some kind.

In other words, sending all that confidential and protected data to an external data system outside of the control of the federal government.

Why should we stop the Russians and Chinese hacking our systems when Musk is putting the data out for easy access to anyone who promises to perform some gee wizbang tech voodoo on it? Now we can save them time by eliminating any federal protection.

Oh, but we’re told, these DOGE people are ’employees’ who have been properly vetted. That’s the same gotcha that I mentioned would happen to get around the court order in the lawsuit I covered.

But wait…there’s more.

The original lawsuit was about DOGE people _accessing_ data. But the court order allowed ‘read only’ access, which actually plays into the Trump/Musk minion hands.

How did this happen? Why did we allow this to continue even when there’s a court case to stop it?

Because we got caught up about the script kiddies changing the code, and we forgot that the real danger was them vacuuming up every bit of confidential data about all of us, and offloading it to an external cloud-based system. And we got so caught up in them mucking with such a key system in the Treasury, we neglected to extend that concern to all systems.

As for the employee-trick, what DOGE is doing is grossly illegal for _anyone_, even DOGE people masquerading as government employees. I have to wonder if these people realize that they could be liable for possible criminal penalties for their activities?

Oh right, Trump will just pardon the bunch.

The lawyers for Treasury system lawsuit need to either amend their complaint or expand it, or a new set of lawyers needs to make a broader lawsuit that would encompass all data systems in the federal government.

And next time…talk to the damn techs, first.

Categories
Government Legal, Laws, and Regs Whatever

Lawyers, next time, talk to the techs

I’m following several lawsuits related to recent Trump/DOGE antics. Among them is a lawsuit by the Alliance for Retired Americans related to DOGE access to Treasury fiscal systems.

First of all, none of the DOGE techies who have been mentioned at Wired have the expertise to even understand the Treasury systems, much less modify them without hopelessly breaking them. Most of the DOGE people are script kiddies, not folks who have worked with large enterprise systems—especially systems likely to have been written in Java.

Secondly, most of these people have no training in working with larger enterprise systems. Working with Teslas and space ships does not equip you to create the massive systems in place at Treasury and likely many other government systems. Heck, there’s no indication any of them even know how to use project management systems such as Git, if this screenshot of a X-witter post is any indication.

Tweet bragging about one of the DOGE developers being able to rewrite code accidentally deleted. A good coder would never be put into this position.
Rookie Mistake 1: no backups

To stop the costly destruction that could be catastrophic for so many people in this country, lawyers for several groups filed a lawsuit against Treasury, demanding that DOGE be stopped from potentially damaging these essential systems. They also asked for a Temporary Restraining order to take effect while the case is litigated.

During a hearing yesterday,  the judge and both sides agreed to a proposed order to ‘maintain the status quo’ of the systems by only allowing limited read-only access to DOGE ‘special employees’. However, they agreed to let Treasury employees unfettered access to the systems.

Any person who is an employee (but not a Special Government Employee) of the Department of the Treasury and who has a need for the record or system of recordsin the performance of their duties;

Employees like Thomas Shedd, who was brought in by DOGE. Employees like Shedd who is an employee solely because of DOGE coercion.

Employees like Shedd who can now rummage about these systems without any hindrance, doing whatever he wants to these systems.

Legal folk: you don’t like techies like me to write about or dabble with the law because we’re not experts. At the same time, you don’t bring in tech experts likebe me to ensure you’re not making a terrible mistake with the legal agreements you make. And this was a hell of a bad agreement.

You should have phrased the order to only include employees who were employed in the Treasury before January 1, 2025. Now, DOGE could tell Bessant to ‘hire’ any number of DOGE people who will  have free reign over these system, and they won’t violate this court order.

In fact, Bessant can go to Congress or write letters to Congressional members stating that the DOGE special employees have read-only access, while DOGE-affiliated techs have unrestricted access to everything.

Bad call. Really bad call. Lawyers, next time, talk to the techs.

Also published at Substack

 

Categories
Constitution Immigration

Subject to the jurisdiction…Trump just stated no one can enforce migration law against migrant mothers

Among the appalling, thoughtless, reckless, and inane executive orders trump issued on Day One, the one considered the most *bonkers is the one to end birthright citizenship.

Yes, is it is true that for over a 130 years, courts have deemed that birthright citizenship is protected by the 14th Amendment, which states:

All people born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

According to Trump’s executive order:

Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States:  (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

A lawsuit has already been filed on this order, and I expect others—many others, and not filed in Texas—to follow.

But let’s take a moment to look at Trump’s action another way.

What Trump is saying is that the parents of the child are not subject to jurisdiction, and therefore the the child isn’t a citizen. Technically, the ‘not subject to jurisdiction’ has meant that children of certain foreign diplomats who have immunity from our legal jurisdiction aren’t automatically made citizens when born in the US. According to USCIS:

A person born in the United States to a foreign diplomatic officer accredited to the United States is not subject to the jurisdiction of United States law. Therefore, that person cannot be considered a U.S. citizen at birth under the 14th Amendment to the United States Constitution. This person may, however, be considered a permanent resident at birth and able to receive a Green Card through creation of record.

The person born to a foreign diplomat is not a US citizen by birth because the child’s parent or parents are not subject to jurisdiction. So, what does that subject to jurisdiction mean, exactly?

What it means is the parent or parents can’t be arrested,  handcuffed,  detained, or charged with a crime—no matter how serious their actions—unless the country that sent the diplomat waives immunity.

Though the immigrant parent or parents are not diplomats, the concept of not subject to jurisdiction doesn’t mysteriously attain a new meaning in our legal system. It is a plainly understood concept that disdains wiggle room.

So, Trump is saying. is that the parents are not subject to jurisdiction. This means the parent or parents can’t be handcuffed, arrested, detained, charged with any crime, or taken to court. Our immigration laws would have no impact on these individuals, because they’re not subject to jurisdiction.

Ipso facto if Trump’s administration wants to continue removing birthright citizenship from the children of these immigrants, then his administration must agree not to handcuff, arrest, detain, charge, or take any other legal action against the child’s parent or parents. Since deportation is a legal action, the **US could not deport the parent.

Could the administration deport the children, instead? I don’t see how, according to our laws. If the administration wants to arrest, detain, and/or deport the child, they’d have to demonstrate the child was here in violation of immigration law,  but how could they do so?

According to Cornell Law:

Infancy is an affirmative defense offered by a defendant in a criminal proceeding that the defendant did not have the mens rea necessary to be charged with the crime on account of their age. In other words, the defendant was too young to possess the capacity to understand the wrongfulness of their actions.

In other words, the child did not have the criminal intent to violate the law, and therefore hasn’t broken any law. Even without the infant defense,  the baby did not enter the country illegally, they did not cross the border to our country illegally, they did not overstay their visa illegally…they’re just here. As if by magic. And we have no laws on magic.

Still, if Trump wishes to up his deportation numbers, he could deport the children…to the country of their birth. We can live with this.

*Most bonkers, if you ignore that whole Gulf of America thing.

**The executive branch can declare an individual as persona non grata and ask them to leave the country, but this concept is based on the fact that they were originally welcomed to the country, and it gets more twisty from there.

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