Showing posts with label 2021. Show all posts
Showing posts with label 2021. Show all posts

Monday, November 25, 2024

The Post Insurrection. Part IX. The waiting upon justice edition.

 

March 15, 2024

March 19, 2024

Trump, who represents that his assets are vast, is not able to post a bond covering the full amount of a $454 million civil fraud judgment against him during appeal and has related the same in a filing in court.  He's seeking not to have to post bond.

If the Court does not grant him relief, execution on the judgment could start immediately.

Cont:

Donald Trump is suing ABC News and George Stephanopoulos over comments made in the last This Week episode in the Nancy Mace interview.

April 25, 2024

As Trump sits in a New York courtroom on charges of election interference for paying porn figures not to reveal his dalliances with them, while a married man, a host of figures were indicted in Arizona for an attempt to seat false electors.

May 1, 2024

Trump was fined for violating a court "gag" order in a contempt of court ruling in his hush money trial.  He was further warned that he may be jailed in a future contempt ruling, should this conduct repeat.

The same court is allowing him to appear at his son Barron's high school graduation, which apparently would be the first time that he would attend one of his children's high school graduations.

Elise Stefanik filed an ethics complaint against Trump prosecutor Jack Smith, in a move that itself lacks moral ethics.  Stefanik should be ashamed, but the concept of shame is sadly lacking currently.

May 30, 2024

Trump was convicted on all 34 Counts in the New York election interference case.

The claims that it was a political prosecution and featured a rigged jury will start any second now.

June 6, 2024

The Georgia election interference case, which is one of the more significant ones, has been stayed while an appeal goes forward on whether prosecutor Willis may remain on the case, and so human foibles will end up causing this case not to be heard prior to the election, probably.

Willis should step aside to let t his matter go forward.

July 15, 2024

To the general amazement of the legal community, the classified documents case has been dismissed on the basis of the Special Prosecutor having been appointed in violation of the appointments act.  The Special Prosecutor is going to appeal, but there's no way an appeal will be heard prior to the election.

This is frankly bizarre.

August 3, 2024

The criminal case against Donald Trump for trying to overturn the 2020 election shall resume.  It's been stayed for 8 months pending the outcome of the Supreme Court opinion on immunity, which the Judge will now have to figure out how to apply.

August 28, 2024

A new amended indictment has been filed.

September 7, 2024

Not related to the insurrection, but to Trump's legal problems, his sentencing in the hush money case has been delayed until after the election.

Frankly, this makes no sense.

November 25, 2024

Special Counsel Jack Smith has requested that all charges against President-elect Trump be dropped in the Federal case.

The progress of official justice in this mater was horrifically slow, which in part is why we now have somebody as President Elect who should have stood trial well over a year ago.

And hence, as Justice shall not come, and the guilty shall go free, we conclude this trailing thread.

Last prior edition:

The Post Insurrection. Part VIII. The tangled web edition.

Monday, March 4, 2024

The Post Insurrection. Part VIII. The tangled web edition.

Oh, what a tangled web we weave when first we practice to deceive.

Sir Walter Scott, Marmion.


January 3, 2024.

Donald Trump's is appealing the ruling of the Secretary of State that Trump cannot stand for election under the 14th Amendment.

January 4, 2024

Trump is now appealing the ruling of the Colorado Supreme Court that he cannot be on Colorado's ballot as he's an insurrectionist. The state's GOP had already filed an appeal.

More properly, this is a petition. The U.S. Supreme Court does not have to take the matter up.

January 6, 2024

The current docket at the Supreme Court on the Trump v. Colorado case:

Jan 03 2024Petition for a writ of certiorari filed. (Response due February 5, 2024)
PetitionCertificate of Word CountProof of Service
Jan 03 2024Brief amici curiae of Senator Steve Daines & National Republican Senatorial Committee filed. VIDED.
Main DocumentProof of ServiceCertificate of Word Count
Jan 04 2024Letter from counsel for respondent Colorado Republican State Central Committee filed.
Main Document
Jan 04 2024Brief in response to the petition for a writ of certiorari of respondent Norma Anderson, et al. filed.
Main DocumentOtherCertificate of Word CountProof of Service
Jan 05 2024Petition GRANTED. The case is set for oral argument on Thursday, February 8, 2024. Petitioner’s brief on the merits, and any amicus curiae briefs in support or in support of neither party, are to be filed on or before Thursday, January 18, 2024. Respondents’ briefs on the merits, and any amicus curiae briefs in support, are to be filed on or before Wednesday, January 31, 2024. The reply brief, if any, is to be filed on or before 5 p.m., Monday, February 5 2024.
Jan 05 2024Amicus brief of Republican National Committee and National Republican Congressional Committee submitted.
Main DocumentCertificate of Word CountProof of Service
Jan 05 2024Amicus brief of States of Indiana, West Virginia, 25 Other States, and the Arizona Legislature submitted.
Main DocumentCertificate of Word CountProof of Service

January 9, 2024

An actual exchange in a Federal Appellate Court where Trump's claims for immunity were heard today.

Judge:  "I asked you a yes or no question. Could a president who ordered S.E.A.L. Team 6 to assassinate a political rival (and is) not impeached, would he be subject to criminal prosecution?"

Trump attorney says "qualified yes -- if he is impeached and convicted first."

The entire qualified immunity argument is legally infirm in the first place and needs to go.  This will probably help make it go.  Apparently, the judges weren't impressed with Trump's lawyer's arguments at all.

January 19, 2024

A court in Oregon determined Trump can remain on the ballot there.

Trump's lawyers filed their briefs in the Supreme Court case on the 14th Amendment yesterday.

January 27, 2024

E. Jean Carroll was awarded $83.3M in her defamation case against Donald Trump.

This will be appealed and it's likely that it'll actually not be paid in that amount.

February 6, 2024

No immunity.


Of course, who really thought there was?

Unfortunately, the delay in issuing the opinion has resulted in the postponement of the trial originally scheduled for March.

Cont:

Matt Gaetz and Elise Stephanik have co-sponsored a resolution that Donald Trump did not engage in insurrection or rebellion against the United States on January 6, something that clear is an attempt to address the 14th Amendment in that insurrection may be excused under it.

Having said that, a resolution that it didn't occur will not excuse it, and this will not get through the Senate.

February 8, 2024

Based on today's oral arguments, it appears likely that the Supreme Court is not going to disqualify Donald Trump under the 14th Amendment.

February 13, 2024

Defendant Trump is seeking a delay in his election interference trial, hoping to push it past the election, when he'll next hope that he can avoid it while President.

February 16, 2024

Nor really related to the other post insurrection legal woes that Donald Trump faces, his trial related to Stormy Daniel's hush money is set to commence on March 25.

In a more decent era, his payment to Daniels for sex would have ended his political career, but we obviously no longer live in a decent era.

In Georgia, Fulton County District Attorney Fani Willis testified regarding her relationship with the prosecutor assigned in the Georgia RICO action.

In another matter which is tangentially related to Trump's legal woes, House Republican effort to impeach Biden, which are monumentally improper, took a blow when Alexander Smirnov, an FBI informant was charged with fabricating a bribery scheme involving President Biden, his son Hunter and a Ukrainian company, which is what the attempt to impeach him is based on, other than on a desire for revenge.

Cont:

Trump has been found liable in New York in the civil fraud trial in the amount of $364,000,000 and is barred from doing business in New York for three years.

February 23, 2024

Trump's daughter-in-law who is campaigning for appointment to the RNC declared that Republican voters would likely welcome using RNC funds to support his legal battles.

I'd strongly question if this was legal, and frankly it likely opens the RNC up, in my view, to a Rico charge.

February 29, 2024

A Court in Illinois has ruled that Trump is banned from the Illinois ballot under the 14th Amendment, but stayed her decision until Friday in order to give him time to appeal.

The United States Supreme Court will take up Trump's immunity appeal, which will further delay his January 6 trial.  

At this point, I think it highly unlikely that the January 6 trial will be heard this year, which means that it likely won't be heard until 2028, which is s true injustice.

March 4, 2024

And now the Supreme Court has ruled. Trump stays on the ballot, insurrection notwithstanding.

The basis is that Congress hasn't enacted a law to enforce the 14th Amendment and the Court finds it not be a self enacting statute




Secretary of State Gray chimed in:

Secretary Gray Applauds Supreme Court Decision Keeping Trump on Ballot in 2024

     CHEYENNE, WY – On March 4, 2024, the Supreme Court of the United States issued a unanimous decision reversing the Colorado Supreme Court’s December ruling to remove Donald Trump from the ballot in 2024. Wyoming Secretary of State Chuck Gray previously filed an Amicus Curiae brief with the Supreme Court of the United States, arguing that the Supreme Court should reverse the Colorado Supreme Court’s decision to bar Donald Trump from the ballot under Section Three of the Fourteenth Amendment. Secretary Gray’s brief argued that Trump did not engage in an insurrection or rebellion, nor give aid or comfort to the enemies of the United States.

     “I am extremely pleased with the Supreme Court’s decision reversing the Colorado Supreme Court’s repugnant ruling,” Secretary Gray said in a statement. “As Wyoming’s chief election officer, I filed an Amicus brief in January asking the U.S. Supreme Court to reverse Colorado’s outrageously wrong and unprecedented decision. For this, I have been repeatedly attacked by the radical left-wing media, and even members of the Legislature, for my efforts to ensure that Trump will be on the ballot. Today’s unanimous decision keeping Trump on the ballot marks vindication for the truth and for liberty. As Secretary of State, I will continue to fight to ensure the People of Wyoming can choose who to elect for themselves.”

Last Prior Edition:

The Post Insurrection. Part VII. The Insurrectionist.


Related Threads:




Tuesday, January 9, 2024

Elise Stefanik. Lying bad example.

Kristen Welker:  "Do you think it was a tragic day? Do you think that the people who stormed the Capitol should be held responsible to the full extent of the law?"

Elise Stefanik: "I have concerns about the treatment of January 6 hostages."

Ms. Stefanik, you are a Catholic and lying on something like this is a grave sin.

And you are a mother.  Your child is learning to be reprehensible through you. 

Wednesday, October 25, 2023

Monday, October 25, 1943. Another October day.

The Red Army's 3d Ukrainian Front captured Dnepropetrovsk.

From Sarah Sundin's blog:

Today in World War II History—October 25, 1943: 80 Years Ago—Oct. 25, 1943: Adm. Sir Bertram Ramsay becomes Allied Naval Commander-in-Chief Expeditionary Force (ANCXF) for Operation Overlord (D-day).

The U.S. Army Air Force raided airfields near Rabaul destroying twenty Japanese aircraft on the ground.


Hong Beom-do (홍범도; Хон Бом До) Korean hunter who became a revolutionary, died on this day at age 75.

Reacting to the Japanese ban on Koreans owning firearms, which precluded hunters from their trade, he formed the 1907 Righteous Army of Jeongmi.  Upon Japanese annexation of Korea in 1910 he moved to China and became, by 1919, the commander of the Korean Independence Army.  It did well, but ultimately was forced to retreat to the Soviet Union in 1921, which resulted in the disarming of the army.  He joined the Red Army in hopes that it might liberate Korea from the Japanese, a forlorn hope at the time.

In 1937 he was deported along with other Koreans to Kazakhstan where he died on this day.  His body was repatriated to Korea in 2021.

Akcja Fruhwirth (Operation Fruhwirth) was attempted by the Polish underground. The aim was to assassinate S-Scharführer Engelberth Frühwirth but SS-Scharführer Stephan Klein was shot by mistake.  He was, however, also a target of the Polish underground.

The newspaper comic strip Batman and Robin debuted.

Thursday, June 15, 2023

Disparity

It's worth noting that the world's oldest democracy, the United Kingdom, saw its Prime Minister fall for having a party in violation of COVID rules, and then see him resign from Parliament for lying about it, while the United States is in serious danger of reelecting a President who attempted to overthrow an election.

Friday, April 7, 2023

U.S. Withdrawal from Afghanistan

The White House released its long awaited report on the defeat in Afghanistan. 

 U.S. Withdrawal from Afghanistan 

This document outlines the key decisions and challenges surrounding the U.S. withdrawal from Afghanistan. 

When he came into office, President Biden believed the right thing for the country was to end the longest war in American history and bring American troops home. As he laid out to the American people, after twenty years, the United States had accomplished its mission in Afghanistan: to remove from the battlefield the terrorists who attacked the United States on 9/11, including Osama bin Laden, and degrade the terrorist threat to the United States. Over two decades, the United States had also—along with our NATO allies and partners—spent hundreds of billions of dollars training and equipping the Afghan National Defense and Security Forces (ANDSF) and supporting successive Afghan governments. At the outset, America’s goal was never to nation-build. But, over time, this is what America drifted into doing. Two decades after the war had started, America had become bogged down in a war in Afghanistan with unclear objectives and no end in sight and was underinvesting in today’s and tomorrow’s national security challenges. 

President Biden’s choices for how to execute a withdrawal from Afghanistan were severely constrained by conditions created by his predecessor. When President Trump took office in 2017, there were more than 10,000 troops in Afghanistan. Eighteen months later, after introducing more than 3,000 additional troops just to maintain the stalemate, President Trump ordered direct talks with the Taliban without consulting with our allies and partners or allowing the Afghan government at the negotiating table. In September 2019, President Trump embolded the Taliban by publicly considering inviting them to Camp David on the anniversary of 9/11. In February 2020, the United States and the Taliban reached a deal, known as the Doha Agreement, under which the United States agreed to withdraw all U.S. forces from Afghanistan by May 2021. In return, the Taliban agreed to participate in a peace process and refrain from attacking U.S. troops and threatening Afghanistan’s major cities—but only as long as the United States remained committed to withdraw by the agreement’s deadline. As part of the deal, President Trump also pressured the Afghan government to release 5,000 Taliban fighters from prison, including senior war commanders, without securing the release of the only American hostage known to be held by the Taliban. 

Over his last 11 months in office, President Trump ordered a series of drawdowns of U.S. troops. By June 2020, President Trump reduced U.S. troops in Afghanistan to 8,600. In September 2020, he directed a further draw down to 4,500. A month later, President Trump tweeted, to the surprise of military advisors, that the remaining U.S. troops in Afghanistan should be “home by Christmas!” On September 28, 2021, Chairman of the Joint Chiefs of Staff Milley testified that, on November 11, he had received an unclassified signed order directing the U.S. military to withdraw all forces from Afghanistan no later than January 15, 2021. One week later, that order was rescinded and replaced with one to draw down to 2,500 troops by the same date. During the transition from the Trump Administration to the Biden Administration, the 2 outgoing Administration provided no plans for how to conduct the final withdrawal or to evacuate Americans and Afghan allies. Indeed, there were no such plans in place when President Biden came into office, even with the agreed upon full withdrawal just over three months away. 

As a result, when President Biden took office on January 20, 2021, the Taliban were in the strongest military position that they had been in since 2001, controlling or contesting nearly half of the country. At the same time, the United States had only 2,500 troops on the ground—the lowest number of troops in Afghanistan since 2001—and President Biden was facing President Trump’s near-term deadline to withdraw all U.S. forces from Afghanistan by May 2021, or the Taliban would resume its attacks on U.S. and allied troops. Secretary of Defense Austin testified on September 28, 2021, “the intelligence was clear that if we did not leave in accordance with that agreement, the Taliban would recommence attacks on our forces.” 

This experience underscores the critical importance of detailed and effective transition coordination, especially when it comes to complex military operations for which decisions and execution pass from one administration to the next, and consequential deals struck late in the outgoing administration whose implementation will fall largely to the incoming administration. 

Decision to Leave 

President Biden had committed to ending the war in Afghanistan, but when he came into office he was confronted with difficult realities left to him by the Trump Administration. President Biden asked his military leaders about the options he faced, including the ramifications of further delaying the deadline of May 1. He pressed his intelligence professionals on whether it was feasible to keep 2,500 troops in Afghanistan and both defend them against a renewed Taliban onslaught and maintain a degree of stability in the country. The assessment from those intelligence professionals was that the United States would need to send more American troops into harm’s way to ensure our troops could defend themselves and to stop the stalemate from getting worse. As Secretary Austin testified on September 28, 2021, “If you stayed [in Afghanistan] at a force posture of 2,500, certainly you’d be in a fight with the Taliban, and you’d have to reinforce yourself.” Chairman Milley testified on September 29, 2021, “There’s a reasonable prospect we would have to increase forces past 2,500, given the Taliban very likely was going to start attacking us.” There were no signs that more time, more funds, or more Americans at risk in Afghanistan would have yielded a fundamentally different trajectory. Indeed, the speed with which the Taliban took over the country showed why maintaining 2,500 troops would not have sustained a stable and peaceful Afghanistan. 

In early 2021, as these discussions were taking place, the intelligence and military consensus was that the ANDSF would be able to effectively fight to defend their country and their capital, Kabul. The ANDSF had significant advantages. Compared to the Taliban, they had vastly superior numbers and equipment: 300,000 troops compared to 80,000 Taliban fighters, an air force, and two decades of training and support. The Intelligence Community’s assessment in early 2021 was that Taliban advances would accelerate across large portions of Afghanistan after a complete U.S. military withdrawal and potentially lead to the Taliban’s capturing Kabul within a year or two. As late as May 2021, the assessment was still that Kabul would probably not come under serious pressure until late 2021 after U.S. troops departed. 

Faced with these circumstances, President Biden undertook a deliberate, intensive, rigorous, and inclusive decision-making process. His thinking was informed by extensive consultations with his national security team, including military leaders, as well as outside experts, Members of Congress, allies and partners. The President asked for and received candid advice from a wide array of experts inside of and outside of government. As Secretary Austin testified on September 28, 2021, “I am very much satisfied that we had a thorough policy review, and I believe that all of the parties had an opportunity to provide input. And that input was received.” Chairman Milley also testified on September 28, 2021, that the commanders on the ground “were listened to” and had an opportunity to share their advice. 

The Administration engaged in intensive consultation at senior levels with allies, and the President factored in their feedback and their differences of opinion. Secretary of State Blinken testified on September 13, 2021, “I heard a lot of gratitude from allies and partners about the work that our folks did in making sure that we could deliver on that commitment [to consult] to them.” NATO Secretary-General Stoltenberg also rejected the characterization the President did not consult allies in a September 10, 2021, interview: “You see different voices in Europe, and some are talking about the lack of consultation, but I was present in those meetings. Of course, the United States consulted with European allies, but at the end of the day, every nation has to make their own decision on deploying forces.”

Ultimately, President Biden refused to send another generation of Americans to fight a war that should have ended for the United States long ago. 

Planning for the Withdrawal 

While recognizing the strategic necessity of withdrawing U.S. forces from Afghanistan, President Biden and his team were well aware of the challenges posed by withdrawing from a warzone after twenty years—especially under the circumstances that they inherited. The departing Trump Administration had left the Biden Administration with a date for withdrawal, but no plan for executing it. And after four years of neglect—and in some cases deliberate degradation—crucial systems, offices, and agency functions that would be necessary for a safe and orderly departure were in disrepair.

When President Biden took office, the Special Immigrant Visa (SIV) program for Afghans who had worked with our soldiers and diplomats required a 14-step process based on a statutory framework enacted by Congress and involved multiple government agencies. The Trump Administration’s disregard and even hostility toward our commitment to Afghan allies led to a massive backlog of over 18,000 SIV applicants. Despite drawing down troops and committing to a full withdrawal, the departing Trump Administration had all but stopped SIV interviews. Refugee support services had been gutted and personnel dramatically reduced, lowering admissions to historic lows and forcing more than 100 refugee resettlement facilities in the United States to close. And the Federal career workforce had been hollowed out. In November 2020, as President Biden was preparing to take office, the Department of State employed 12 percent fewer employees than it had four years earlier, leaving critical gaps.

Immediately after taking office—and even before he had made a final decision to leave Afghanistan—President Biden instructed departments and agencies to begin doing the necessary work to increase capacity, in part to facilitate a withdrawal on the timeline required. During his first two weeks in office, President Biden signed Executive Order 14013 requiring departments and agencies to surge resources and streamline the application process for SIV applicants. On February 2, the Department of State resumed SIV interviews in Kabul. State doubled the number of SIV adjudicators at Embassy Kabul and quintupled the number of staff processing SIV applications—from 10 to 50—in Washington, D.C. As a result of this surge, the United States went from issuing 100 SIVs a week in March to more than 1000 a week in July, and, working with Congress to streamline the process, reduced the average SIV processing time by more than one year. In July, the United States issued a record number of SIVs to our Afghan allies and began running the first ever SIV relocation flights. 

From the beginning, President Biden directed that preparations for a potential U.S. withdrawal include planning for all contingencies—including a rapid deterioration of the security situation—even though intelligence at the time deemed this situation unlikely. In March, before he had made his final decision, the President directed his top national security officials—including the Secretary of State, the Secretary of Defense, the National Security Advisor, the Chairman of the Joint Chiefs of Staff, and the Director for National Intelligence—to begin withdrawal planning and account for a full range of contingencies. Once the President made his final decision, national security teams accelerated the planning that was already underway. Throughout the spring and summer, the National Security Council (NSC) staff hosted dozens of high-level planning meetings, formal rehearsals of the withdrawal, and tabletop exercises to explore scenarios for an evacuation as part of responsible planning for a range of contingencies, even those that were actually worse than the worst-case predictions. 

Throughout this period, a Non-Combatant Evacuation Operation (NEO) was treated as a distinct possibility and the national security team started planning for it. In March, departments and agencies were tasked with outlining plans for multiple scenarios, including a security environment that would require the departure of all U.S. personnel from Afghanistan. In April, departments and agencies were specifically tasked with 5 updating the NEO planning documents. In May, NSC staff held a senior interagency meeting that included a discussion of several specific complex issues related to a NEO, including timing, evacuee destination sites, processing, vetting, and transport logistics. It was agreed that—because of the extreme complexity and careful planning required— a dedicated group of interagency experts would regularly convene to conduct NEO planning. In a meeting of national security leadership that same month, departments and agencies were tasked with ensuring relocation plans were ready in the event of a significant deterioration in the security situation. 

In line with that planning, in early summer, President Biden directed military assets to be prepositioned in the region to be able to help with an evacuation on short notice. It was this decision that later enabled the United States to respond and deploy quickly enough to facilitate the successful evacuation of over 124,000 American citizens, permanent residents, Afghan partners, and allies. 

President Biden took the advice of his military commanders on the tactical decisions regarding the operational retrograde of U.S. forces from Afghanistan, including the dates they closed facilities, and he regularly asked them if there was anything else they needed. 

As planning intensified throughout the late spring and early summer, intelligence reports continued to suggest that—even if the Taliban made gains in some Afghan provinces— the capital, Kabul, would be more difficult for the Taliban to take and the ANDSF would defend it. In addition, President Biden urged the Afghan government to take steps to harden the resolve of the Afghan forces, including by empowering Acting Defense Minister Bismillah Khan Mohammadi—who U.S. commanders had assessed to be a capable combat leader— and pressed current and former Afghan officials to project a united front of support for the Afghan forces. 

As this experience underscored, when conducting contingency planning, it is necessary to plan early and extensively for low probability, high-risk scenarios. In addition, in light of the challenges of assessing psychological factors like “willingness to fight,” it is especially important to incorporate creative analytic exercises in planning. Some of the most accurate insights that surfaced in the months of planning on Afghanistan came from conducting simulation exercises. Our experience in Afghanistan directly informed the Administration’s decision to set up a small group of experts (“tiger team”) for worst-case scenario planning on Ukraine—including simulation exercises—months ahead of Russia’s invasion. We were ultimately relieved that, due to the bravery of the Ukrainian people, the leadership of President Zelenskyy, and the rallying of support from allies and partners with U.S. leadership, Russia’s invasion has failed to achieve its objectives. But we were ready for a range of contingencies, and we remain ready.  

Warning about Potential Evacuation 

As the security situation in Afghanistan worsened over the summer, the Administration grappled with the tension between highlighting growing warning signs of potential collapse and undermining confidence in the Government of Afghanistan and Afghan forces’ will to fight. Whenever a government is threatened by the prospect of collapse— whether in Afghanistan or elsewhere—there is an obvious tension between signaling confidence in the capabilities of the current government and providing warning of the risks that it might fail. 

Ultimately, the Administration made a decision to engage in unprecedently extensive targeted outreach to Americans and Afghan partners about the risk of collapse, including numerous security alerts and tens of thousands of direct phone calls and messages to U.S. citizens in particular to leave Afghanistan, but to not broadcast loudly and publicly about a potential worst-case scenario unfolding in order to avoid signaling a lack of confidence in the ANDSF or the Afghan government’s position. This calculus was made based on the prevailing intelligence and military view throughout the early weeks of August that Kabul would hold beyond the end of the withdrawal. As Director of National Intelligence Avril Haines stated on August 18, 2021, “[the collapse] unfolded more quickly than [the Intelligence Community] anticipated.” In fact, the collapse was more rapid than either the Taliban or the Afghan government expected. 

In a destabilizing security environment, we now err on the side of aggressive communication about risks. We did this in advance of Russia’s invasion of Ukraine. Months before the invasion, we proactively released intelligence with trusted partners. That engagement broadened—and grew louder and more public—in the weeks leading up to Russia’s invasion. This approach met strong objections from senior officials in the Ukrainian government who were concerned such warnings would spark panic and precipitate capital flight, damaging the Ukrainian economy. However, our clear and unvarnished warnings enabled the United States to take advantage of a critical window before the invasion to organize with our allies, plan the swift execution of our response, and enable Americans in Ukraine to depart safely. 

Triggering the Evacuation 

Beginning in March, NSC staff led a rigorous process of reviewing conditions at the U.S. Embassy to ensure the safety of all official U.S. personnel in Kabul, consistent with our approach to all U.S. diplomatic posts around the world. A drawdown of U.S. personnel on the ground was undertaken consistent with the threat environment, but core personnel remained. Even as many Embassy personnel returned to the United States, we sent more consular officers to Kabul to process SIV applications. The Administration also made a decision to operate regular flights of SIVs starting in July, rather than initiate a massive airlift evacuation at that time, in the expectation of continuing embassy operations and SIV departures after the military withdrawal was complete. 

Intelligence indicated that the ANDSF would likely defend Kabul, and an order to begin the NEO unnecessarily could have triggered a collapse by undermining confidence in the ANDSF. Chairman Milley testified on September 28, 2021, that “[even during that time, there was] no intel assessment that says the government’s going to collapse and the military’s going to collapse in 11 days… [At that time, the assessments] are still talking weeks, perhaps months.” 

On August 6, the first provincial capital fell. As the Taliban gained control of territory, President Biden asked his top national security leaders to assess whether to formally begin the NEO. NSC convened a senior interagency meeting on August 8, which unanimously recommended against beginning the NEO based on conditions on the ground. National security leaders met on August 9 and concluded conditions on the ground did not support triggering a NEO. On August 11, at the recommendation of his senior military advisors, the President authorized the deployment of pre-planned assets and personnel for a range of contingences. The President stayed in close contact with his team, confirming daily they had what they needed. On August 13 and 14, Kabul came under direct threat. On August 14, President Biden announced that, at the recommendation of his diplomatic, military, and intelligence teams, he had formally initiated the NEO and ordered the deployment of additional U.S. troops to Afghanistan to support the evacuation. 

We now prioritize earlier evacuations when faced with a degrading security situation. We did so in both Ethiopia and Ukraine. When the capitals of both countries were threatened, the President directed adjustments in the posture of the embassies by drawing down or evacuating embassy personnel. In Ethiopia, we drew down all nonemergency personnel at the Embassy well in advance of any potential threat. We did this despite the vigorous objections of the Ethiopian government. In Ukraine, we decided to evacuate personnel nearly two weeks before Russia’s invasion, despite concerns by some close allies, partners, and the Ukrainians themselves that doing so would undermine confidence in Ukraine. This decision resulted in an orderly departure and enabled our teams to safely carry out critical functions remotely for nearly three months. 

The Evacuation and the Attack at Abbey Gate 

As a result of several months of contingency planning, troops had already been prepositioned near Afghanistan in case they were needed, and the additional forces that President Biden deployed on August 14 were on the ground in Kabul within 48 hours. Within 72 hours they had secured Hamid Karzai International Airport (HKIA) so that flights could resume. 

Once the evacuation had been initiated, President Biden repeatedly gave clear direction to prioritize force protection, relying on the advice of his senior military officials on how best to proceed on operational decisions. As Secretary Blinken testified on September 14, 2021, “Because of that [earlier] planning [for a wide range of contingencies], we were able to draw down our Embassy and move our remaining personnel to the airport 8 within 48 hours.” The U.S. Government facilitated the safe departure of remaining personnel and their families, roughly 2,500 people during the evacuation. To manage the potential threat of a terrorist attack, the President repeatedly asked whether the military required additional support to carry out their mission at HKIA. Senior military officials confirmed that they had sufficient resources and authorities to mitigate threats, including those posed by ISIS-K. 

On August 25, the President was advised by senior military officials that continuing evacuations for 48 more hours presented manageable risk to the force and the highest possibility of success in evacuating American citizens and Afghan partners. The entire national security team, including senior military officials, supported this commitment to continuing operations, despite known risks, and the President accepted the recommendation to extend evacuation operations for this period. 

During the NEO, specific decisions about which gates would be used to access the airport were made by commanders on the ground. On the afternoon of August 25, the commanders decided to keep Abbey Gate open to facilitate the evacuation of U.K. forces and Afghan partners. According to the 2021 U.S. Central Command report, “If the JTF-CR [Joint Task-Force-Crisis Response] Commander decide to close Abbey Gate while U.K. Forces were still processing evacuees, it would have isolated them at Baron Hotel.” On the evening of August 26, a suicide bomber detonated an explosive outside of Abbey Gate, killing 13 service members and 170 Afghans, while injuring 45 other service members, a tragic human toll. We continue to mourn the loss of the 13 heroes and vow to continue to support their families and the injured who survived. After the horrific attack at Abbey Gate, the President consulted senior military officials on whether to end the NEO immediately. He was advised the threat to U.S. forces was manageable and to continue until August 31 to maximize the evacuations of Americans, allied forces, and Afghan partners. 

U.S. forces remained vigilant to protect against further attacks while the evacuation proceeded. The day after the attack, August 27, the U.S. military launched a drone strike in Nangarhar Province, killing two high profile ISIS-K individuals. On August 29, as the evacuation neared completion—and in the aftermath of the horrific Abbey Gate attack—reports emerged of movements of vehicles and individuals linked to the attack on Abbey Gate, indicating that a further terrorist attack on U.S. personnel at HKIA could be imminent. To counter the perceived immediate threat, the U.S. military launched a drone strike in Kabul that mistakenly killed ten civilians. Among the causes of this tragic error was that the high-risk and dynamic threat environment led the team to inaccurately assess that the target posed an imminent threat to those on the ground. 

The President received and accepted the unanimous advice of his top national security officials to end the evacuation on August 31, given the high potential for escalating attacks on U.S. troops should they stay any longer. From the beginning of the evacuation on August 14 to its completion on August 31, U.S. military and civilian personnel engaged in an around the clock effort to execute the largest airlift of noncombatants in U.S. history. As Secretary Austin explained on September 28, 2021, “On military aircraft alone, we flew more than 387 sorties, averaging nearly 23 per day. At 9 the height of this operation an aircraft was taking off every 45 minutes. And not a single sortie was missed for maintenance, fuel, or logistical problems. It was the largest airlift conducted in U.S. history, and it was executed in 17 days.” 

The Department of Defense conducted detailed after-action reviews of the tragic attack that took American and other lives at Abbey Gate and of the drone strike that tragically killed ten civilians, and implemented their lessons learned. After the Kabul strike, the Secretary of Defense ordered a 90-day review of how the Department of Defense could better avoid civilian casualties in its activities, and has implemented new policies to do so. 

Keeping Our Promise to American Citizens and Afghan Partners 

When President Biden made his decision to withdraw U.S. forces from Afghanistan, he made a commitment to provide every American who wanted to leave the opportunity to leave. This was an unprecedented commitment—one that the United States has not made in previous situations like Libya, Syria, Venezuela, Yemen, and Somalia when we shut down U.S. embassies. In addition, because Americans are not required to register with our embassies whenever they travel to, leave, or reside in a foreign country, it is impossible to know with precision how many Americans are in a given country at a given time. The U.S. Government went to extraordinary lengths to make good on this promise. As Secretary Blinken testified on September 13, 2021, “We were intensely focused on the safety of Americans in Afghanistan. In March, we began urging them to leave the country. In total, between March and August, we sent 19 specific messages with that warning, as well as offers of help, including financial assistance to pay for plane tickets.” From August 14 through August 31, the Department reached out directly to every American known to the U.S. Government, repeatedly and through multiple channels—making 55,000 phone calls and sending 33,000 e-mails during those 17 days alone—to help facilitate evacuations for those who wished to leave. Many were dual citizens whose families had lived in Afghanistan for generations and chose to stay, and some have chosen to reenter Afghanistan after the military withdrawal. Ultimately, the U.S. Government evacuated over 6,000 American citizens from the country. We are continuing to facilitate the departures of American citizens who chose to stay or returned to Afghanistan despite our grave warnings. Since August 31, 2021 we have facilitated the departure of more than 950 American citizens who sought assistance to leave. Many doubted whether President Biden would be able to keep his promise—but he did. 

From the beginning, the President also made clear that the United States was committed to assisting our Afghan partners. At the President’s direction, the entire interagency pushed to accelerate the SIV program—and did so, surging resources to this vital program, restarting SIV interviews paused by the previous administration, increasing the number of staff processing SIV applications by more than fifteen-fold, and reviewing every stage of the cumbersome application process. As a result of these efforts, the U.S. government issued more SIVs in the months leading up to the fall of Kabul than in any other period in the history of the program. 

During the evacuation, approximately 70,000 vulnerable Afghans were evacuated by the U.S. Government to overseas Defense Department facilities for security screening, vetting, and the administration of public health vaccinations. The Department of State began seeking transit agreements for Afghans with third countries in June, secured agreements with Qatar and Kuwait in July, and negotiated arrangements with other countries including Germany, Italy, Spain, UAE, Bahrain, Kosovo, and Albania. Setting up this network of transit sites—“lily pads”—would not have been possible without the support of international partners across the Middle East and Europe. Afghan evacuees were then transported by air to eight Department of Defense domestic “safe havens.” Those in need of special medical care were moved to Walter Reed National Military Medical Center and nearby hotels. More than 10,000 State, Defense, and Homeland Security personnel supported this unprecedented humanitarian effort. Veterans groups, non-profits, state and local governments, companies, and other organizations worked around the clock to assist the evacuation effort. From assisting SIV applicants with paperwork, to donating resources to help resettle families, these partners were and remain critical to our efforts. 

Despite predictions to the contrary, we have and will continue to facilitate the departure and resettlement of our Afghan partners through Enduring Welcome, our multi-year effort to relocate those who worked with and for us to the United States through a variety of legal immigration pathways. We have been proud to welcome approximately 100,000 Afghans as part of Operation Allies Welcome and now with Enduring Welcome. We are also continuing to harness the resources and expertise we saw emerge during the evacuations to help new Afghan arrivals and assist those who arrived last year with integration. With the help of nine domestic refugee resettlement agencies and a network of about 200 local affiliate organizations, each and every Afghan family has been resettled into American communities. We also need Congress to act on legislation, such as the Afghan Adjustment Act, to support those joining new communities to become well settled and integrated. 

We are now deliberate and clear about the support the U.S. government is able to provide to Americans abroad in challenging country conditions, as well as the limits of that support. We did this in Ukraine and Ethiopia. We proactively messaged about risks and explained clearly and repeatedly that those who chose to remain could not expect the U.S. Government to evacuate them. We also distinguished in our public messaging between the populations that the U.S. Government could directly evacuate if needed—primarily our own U.S. Government staff—and others who should heed our warnings and plan for their own evacuations, such as private American citizens. 

Rebuilding Long-Term Capacity

The withdrawal is over, but we need to continue to work to rebuild the systems that we need to be able to respond to a future crisis. The Trump Administration had hollowed out much of the career workforce, including at senior levels, at a moment when more resources were needed. The capacity needed in a crisis is not something that can simply be “turned on.” The steady state work of developing our workforce, building our internal processes and forging partnerships is necessary to being able to manage an unfolding crisis. 

We are investing heavily in creating additional capacity: attracting, retaining, and enhancing talent within the Federal workforce, which we regard as a fundamental source of strength for our national security. We are also building new kinds of partnerships. During the withdrawal, the resources and expertise of non-profits, veterans service groups, companies, and other organizations were critical to our efforts. Today, we are building on these partnerships to help new Afghan arrivals and assist those who have already arrived with integration. 

Putting the United States on Stronger Footing 

When President Biden announced his decision to withdraw U.S. forces from Afghanistan, some voices doubted that America would be on a safer and stronger footing as a result. President Biden promised Americans that we would maintain an enduring capacity to address terrorist threats in Afghanistan without thousands of boots on the ground. In July 2022, he demonstrated that capability in the successful operation that killed the emir of al Qaeda, Ayman al-Zawahiri. In addition, when the President Biden made his decision in 2021, he rightly recognized that the terrorist threat of today is more diverse and diffuse than it was in 2001. His decision to leave Afghanistan freed up critical military, intelligence, and other resources to counter terrorist threats around the world, including in Syria, Iraq, Somalia, and Yemen. The Administration has done so successfully, including by eliminating ISIS leader Hajji Abdullah and a number of top ISIS leaders in Syria and Somalia through continued U.S. counterterrorism efforts. We also remain committed to supporting significant humanitarian assistance and standing up for the rights of women and girls in Afghanistan, and we will continue to condemn and isolate the Taliban for its appalling human rights record. 

More broadly, when the President made the decision to leave Afghanistan, some worried that doing so could weaken our alliances or put the United States at a disadvantage on the global stage. The opposite has happened. Our standing around the world is significantly greater, as evidenced by multiple opinion surveys. Our alliances are stronger than ever. Finland has been admitted into NATO, and Sweden will soon be admitted as well. We are strengthening our existing partnerships and building new ones with nations around the world. On the global stage, America is leading. We have rallied our allies and partners to support Ukraine and hold Russia accountable for its aggression—and to rise to compete with China. It is hard to imagine the United States would have been able to lead the response to these challenges as successfully—especially in the resource-intensive way that it has— if U.S. forces remained in Afghanistan today. 

Ultimately, after more than twenty years, more than $2 trillion dollars, and standing up an Afghan army of 300,000 soldiers, the speed and ease with which the Taliban took control of Afghanistan suggests that there was no scenario—except a permanent and significantly expanded U.S. military presence—that would have changed the trajectory. 

As President Biden said on August 31, 2021, “When I hear that we could’ve, should’ve continued the so-called low-grade effort in Afghanistan, at low risk to our service members, at low cost, I don’t think enough people understand how much we have asked of the 1 percent of this country who put that uniform on, who are willing to put their lives on the line in defense of our nation…There is nothing low-grade or low-risk or low-cost about any war.”

Did I say defeat?

Yes I did.

Well, the reality of it is that Trump abandoned the country and was slowed in his surrender by the military, but it was completed by President Biden. Shameful all the way around.

Ironically, the departure from the Central Asian country may have paid off by allowing the US to play the role it is in Ukraine, which is sort of a happy accidental byproduct of it, as well as a monumental misread of events by Putin.  The withdrawal was shameful none the less.

Wednesday, July 27, 2022

The Post Insurrection. The investigation goes live. The Tragic Part III.

2022  Wyoming Congressman Liz Cheney delivered a major address on the occasion of the first of the open hearings of the January 6 Committee.  Her address was effectively an opening statement in the presentation of the events of the January 6, 2021 Insurrection.





June 9, 2022

Today promises to be a huge day in the story of the January 6, 2021, insurrection. The Committee investigating it will go live, tonight, with its findings and evidence.

Every major network, except for Fox (which is just pathetic on their part) will run it live. So will C-SPAN.  The committee is set to go on the air at 8:00 p.m. Eastern time, 6:00 Mountain Standard.

How many Wyomingites, however, will tune in to see it, and to see a story that many simply do not wish to?

June 10, 2022

The first hearing was held, featuring the chairman and the co-chairman, Liz Cheney, delivering powerful opening statements.

It's clear that the committee, over a series of hearings, intends to demonstrate that:

  • A conspiracy to steal the election was developed by Trump and his inner circle prior to the November 2020 election.
  • Numerous members of his immediate staff and cabinet were not in on it and informed him repeatedly that he'd lost the election and that there was no evidence to the contrary.
  • The Proud Boys and Oath Keepers independently developed a plan to seize control of the government for Trump, believing the fable that he'd lost the election.
  • At some level, Trump was cognizant of the likelihood that the Oath Keepers and Proud boys would act and egged them on, believing that this would operate to keep him in power.
In short, the Committee intends to demonstrate what happened on January 6 was part of an attempted coup, and they'll ask for a criminal referral for Trump for sedition when they conclude.

This will go on weekly, once a week, for weeks, which in my view is a mistake. They'd be better off doing this in a series of hearings over a week.  

Cheney's speech was very effectively delivered. 

Some highlights were: 1) the dramatic testimony of a Metropolitan Police Force officer who was knocked unconscious and returned to duty that evening; 2) Bill Barr's taped testimony that he had informed Trump that there was no evidence Trump had lost the election; 3) Ivanka Trump's testimony that Barr's views did operate to impact her own, as she respects Barr; 4) a documentarian's testimony about how the Proud Boys started on their March prior to Trump's call to the crowed; 5) a statement  that when Trump was informed that the crowed was threatening to "hang Mike Pence" that his reply was "maybe he deserves it"; 6) after the insurrection there were discussions inside the inner circle about invoking the 25th Amendment.  Outside the White House, this occurred as well, with Sean Hannity and Kayleigh McEnany texting about invoking the 25th Amendment.

Some of the very early GOP reaction was to focus on inflation.

June 13, 2022

Testimony from June 13.

Frankly, the information today is so shocking that it raises genuine questions as to former President Trump's sanity.  Keep in mind, a person doesn't have to be a raving lunatic in order to be insane.  

It's extremely clear that numerous people around Trump told him that he lost the election, and he would have had no reasonable basis to keep on arguing that he didn't.  He very much would have no reasonable basis to do so now.  Given that, he's either 1) delusional, or 2) intentionally lying and doesn't care about the implications, both of which raise questions on his sanity.

That doesn't mean that all of those who have adopted his lies are crazy, by any means.  Indeed, as most people wouldn't assume a sitting President to be insane, believing the lies is at least somewhat excusable, up to a point, on that basis.  But to willfully reject the plain evidence isn't excusable, and that would include not only regular people, but also candidates who truly know better.

June 16, 2022

Today's January 6 hearing shall be at 1:00 p.m. Eastern Time, or 11:00 Western.

The last one certainly proved to be interesting, with Bill Stephien making it clear that he didn't think the election was stolen.  He's now Harriet Hageman's campaign advisor, with Hageman still maintaining she "does know" who won the election.  Stephien feels he knows, and the winner was Joe Biden.

It isn't clear, at this time, who today's witnesses will be, although it seems to be the case that one will be a retired Republican appointed Federal Judge.

June 17, 2022

From news accounts, it's clear that Mike Pence was put under tremendous pressure to refuse to certify the vote by President Trump and that law professor John Eastman's theory that this could be done was adopted by Trump.  Others in the inside loop warned Trump that this was "crazy".   Trump had been advised what Eastman was advocating was illegal.

Retired Federal Judge J. Michael Eastman, who was a Pence advisor, and who once employed Eastman as a clear (as had Clarence Thomas) stated that; "Trump and his supporters are a clear and present danger to American democracy”.  This emphasizes a view that Trump is continuing to conspire against Constitutional democracy in the United States.

On this, a conservative columnist wrote a column the other day posing the question of whether the committee is urging the Justice Department to bring charges for sedition against Trump.  He goes no to suppose no jury in the land would convict him, and that such a thing would be divisive.

It would be divisive, but frankly a jury in many places, with the evidence being revealed, would convict the former President.  He doesn't seem to have much of a defense, and the in fact the GOP isn't presenting one.  Instead, confronted with all of this evidence, its reply is "but look at inflation".

This is the anniversary of the Watergate breaking, which lead to President Nixon's downfall, as he knew impeachment was coming.  President Ford pardoned him, and I've long thought that one of the two great failure to try instances in the nation's history.  Pardoning Nixon for a crime that was considerably less severe than the one that it appears Trump committed set up the concept that trying a President or former President just isn't done. That in fact makes them above the law, and that's a huge part of the problem we're facing right now.

June 24, 2022

I haven't seen this week's hearings, but it's clear that they've detailed the pressure put on state officials, and more dramatically, the Trump Administration's efforts to pressure the Justice Department to go along with his stolen election fable.

Additionally, the names of Republican Congressmen who asked for preemptive pardons were named.  Mo Brooks asked for a pardon for all of the Congressmen who voted not to certify the election. Brooks, it might be noted, just went down in defeat in his state's Republican primary for the Senate.

Whether this is changing anyone's minds is another question, but what the Committee has done is a good job of showing that a criminal indictment would be warranted and put things in the place that those who aren't seeing the Trump Administration's efforts to seize power and remain in office simply don't wish to, no matter what else they may otherwise believe about the election.

June 28, 2022.

Absolutely shocking.




And frankly horrifying.

Will anything be done?

Will those who have refused to accept that there was an insurrection change their minds now?

Will those campaigning solely on their loyalty to Trump modify their positions at all, or adopt, by refusing to do so, ongoing insurrection?

July 22, 2022

On January 6 the Pentagon attempted to call President Trump.  He didn't want to take the call so his lawyer took it.

Yikes.

July 27, 2022

News has officially broken that the Department of Justice is investigating Donald Trump regarding the January 6 insurrection.

And with that, we will close out this installment.  The January 6 Committee is in a hiatus of public hearings, and the DOJ is looking at charges.  We don't really know how far along they are on that, but at this point my prediction is that charges for seditious conspiracy will in fact be levied.

Last prior edition

The Post Insurrection. The Tragic Part II

Tuesday, June 28, 2022

The Charlotte Observor on South Carolinian Mark Meadows

 When his country needed him, cowardly Mark Meadows let Jan. 6 happen

The editorial noted Meadow's behavior on January 6 and how his lack of action may have contributed to the events of that day.

There's a headline you don't see everyday.

 

Aide testifies Trump tried to strangle Secret Service agent in attempt to reach Capitol on Jan. 6

National Public Radio on Trump following his January 6, 2021 speech.

 Update 2:21 p.m. ET:
In the car after the speech: The president was under the impression that he would be taken to the Capitol following his rally speech, Hutchinson said.
When he learned there were no security assets and Trump would have to return to the White House, Trump grew "irate" and attempted to grab the steering wheel of the car, she testified. Hutchinson was not in the car, but heard it from others with no one correcting the record, she said.
" 'I am the effing president, take me up to the Capitol now,' " Hutchinson testified that the president said.
Trump talked about walking to the Capitol, where he might give a speech or enter the House chamber. And when staff stopped those plans, Trump attempted to grab the steering wheel of the presidential limousine to drive there, she said.

Friday, June 17, 2022

Saturday, June 17, 1972. The Watergate burglars arrrested.

Five burglars, James W. McCord Jr. Bernard Barker, Eugenio Martinez, Frank Sturgis, and Virgilio Gonzalez, were arrested inside of Democratic headquarters in the Watergate Hotel, in Washington, D.C.


Nixon was not aware of the plot that his operatives had devised to break into the hotel and steal information from the Democratic Party, but he tried to cover it up once it became clear what occurred. That lead to his downfall.

It's interesting to note how different the times were.  Nixon, although not involved in the plot itself, fell for trying to impede its investigation.  It was clear that he was going to be impeached, and that Senate Republicans were going to vote to remove him from office.

In contrast, what Donald Trump attempted to do, leading up to January 6, was much worse, and yet he remained in office, is trying to regain office, and Republicans who oppose him openly are harassed for it.

Wednesday, June 1, 2022

Frank Eathorne on January 6.

Frank Eathorne on January 6.

Well worth looking at.

This pretty much conclusively proves that Eathorne was present during the insurrection, contrary to his earlier denials.  And yet he found a reason to deny being there.

Not breaking in, mind you, but present while things were going on.

My predications are that it will make no difference whatsoever to his position in the local GOP.  And that may be the biggest story in relation to this that there is.

And so, Laramie and Natrona Counties, the two most populous ones in the state, have had their representation in the state's largest party reduced to rump status.  Contrary to at least tradition, the head of the party is taking sides on behalf of a primary challenger over a party incumbent.  The same individual has indicated that the state party doesn't necessarily feature a big tent anymore.  One longstanding conservative has been censured by his county organization.

This definitely isn't your father's GOP.  Or Reagan's.  Or Buckley's.

Update:

This story is now in the Trib, on the front page.

Friday, February 11, 2022

Pandemic Part 9. Omicron becomes dominant

 


December 22, 2021

Well, with Omicron now becoming dominant, time for a new installment.

Israel is recommending a second booster.  It was the first country to recommend a booster shot in general.

The CDC warns that the Omicron may see 140,000,000 new cases in the United States in the next couple of months.

The Archbishop of Canterbury has stated that it is a moral duty to be vaccinated.  The Catholic Bishop of Cairns, Australia, decried the role of ignorant and divisive parishioners in spread vaccine myths.

In a rare instance of some unity in politics, former President Trump stated in an interview how pleased he was that President Biden mentioned his administration's role in developing the vaccine. Trump went on to state that healing of the nation's divides needed to occur and urged people to get vaccinated, while also stating that he though mandates counterproductive.

December 31, 2021

An additional 200+ Marines have been discharged for refusing orders to take the vaccine.

Israel has approved a 4th booster shot.

January 10, 2022

Listening to the weekend shows, it's become clear that the new Coronavirus strategy is now "learn to live with it".  Going forward, it's going to be treated with annual (if not more frequent) vaccinations and treated upon infection.

Perhaps this was inevitable, but it also represents a global public health failure.  In the developed world, large numbers of the population refused to acknowledge the disease as fundamentally different and overall the world in general failed to act to prevent the spread of the disease in the Third World.  If there's a bright spot, a big if, it seems to be evolving towards less lethal.

Which doesn't mean it isn't lethal.  This will mean we'll have a period of years in which the unvaccinated and those who were vaccinated but who slip into disregard will in fact get killed by the disease until vaccination becomes general.

January 14, 2020

The US Supreme Court ruled that OSHA lacks the authority to impose mask mandates on conventional workplaces under the existing laws and regulations applying to it.

January 22, 2022

The state has hit an all-time new high for new infections.

February 3, 2022

The Army is discharging soldiers who refused to get the vaccine.  The discharges are for misconduct, so they are in fact bad conduct discharges, which will therefore carry some lifelong negative implications.

The Secretary of the Army also replied to Governor Gordon, and some other Governors, that this applies to National Guardsmen in spite of their letters of protest.

New Zealand is reopening its boarders.

Justin Trudeau and his family apparently have COVID.  His infection is coincident with a massive trucking industry protest over new rules applying to unvaccinated truckers.

February 11, 2022

The United States has sustained 900,000 deaths due to COVID 19.

A spike in deaths has occurred since January, principally due to the Omicron variant in the unvaccinated.  The US has the highest reported deaths of any country on earth, which is due to the resistance to getting vaccinated.

The American death toll now exceeds the number of deaths due to the Spanish Flu, which is a reported 675,000, although in reality due to the lingering effects of the disease, it was higher than that.  Put in context, however, given the population at the time, that would equate to approximately 2,000,000 Americans today.

Put back in context, it's clear the US is going to exceed 1,000,000 deaths due to COVID 19.

Last prior installment:

Pandemic Part 8. Enter Omicron

Thursday, February 3, 2022

2022 Wyoming Legislative Session. Part I.


June 8, 2021

Yes. . 2022

2022 will be a budget session, but already there are a fair number of bills that are lining up to be introduced that have nothing to do with the budget.

The first of these to really make the news is one that has now passed committee to the extent that the committee has  agreed to further study it would establish a ranked choice primary, like Maine's.  In that, you vote for your first choice, and a second and maybe a third.  Under that system, if your top choice got knocked out by some percentage, your other choices then kick in.

This is, I'd note, actually an unfair system in that casting your second choice as the one that counts doesn't actually mean that if the vote had been a heads up competition between the whomever it now count against, would have been your choice had that been the actual contest.  By way of an example, in Liz Cheney's first primary, she came first, with less than 50%, against Leland Christensen and Tim Stubson, who came in second and third respectively.  If we'd had a ranked choice system, people who now dislike Cheney, most of whom were her fans before, think that the second or third choice would have won.  Maybe they would have, but maybe not.  In that instance, however, probably Christensen or Stubson would now be our Congressman.  Personally, at the time, I voted for one of those other candidates and likely would have chosen one of the others, and not Cheney, if such a system had been in place.

The Governor's race really inspired this thinking and it provides a potentially much different example.  Gordon faced a host of hardcore right wing, or perhaps more accurately populist, candidates.  Backers of this system believe that one of those candidates would have been the nominee rather than Gordon.

If that had been the system, that's probably also correct, but thing had become so polarized by that point in time that Gordon voters likely would have voted second for Sam Galeotos and second place Friess voters for Harriet Hageman.  That likely would have yielded the same results.  If it didn't, there's a relatively decent chance that Mary Throne, the Democrat, would now be the Governor as Friess and Hageman, contrary to what GOP right wingers think, were not liked at all by a large number of conventional Republican voters.  Throne pulled 28% of the vote in a state where the Democratic Party is practically dead, and against jovial but elderly and out of place Friess, or hard right Hageman, she definitely would have pulled significantly more.  With internal discord at an all time high in the GOP right now, Republicans are actually highly vulnerable to the Democrats in such a scenario.  If, for example, the hard right of the GOP that hates Gordon, and they do, were to replace him in 2022 with a candidate like Hageman, there's a really good chance that the Democrats could walk into the Governor's office.

Which is what basically happened when Democrat Mike Sullivan became our Governor years ago.

The other primary system that the committee passed for consideration is an open primary, which is a great idea.

In that system, the top two vote getters in a non-partisan primary advance.  

Republicans here seem to think that this would mean that the top two vote getters would of course be Republicans, and the last Governor's race would have been between Gordon and Friess, and somehow Friess would have won. In reality, that race may well have still been between Gordon and Throne, as the state's numerous moderate Republicans would no longer have to actually register as that.  Indeed, it'd probably lead to an exodus from the GOP as there's be little point for moderates to remain in it at all.  That wouldn't help the GOP, but the GOP isn't grasping right now that the entire state isn't make up of populists.  

Indeed, California has such a system, and the Republican' Party, which once sent the likes of Ronald Reagan to their Governor's mansion, sure doesn't send any Republicans to it now.

Anyhow, party primaries, in my view, unfairly given established parties a state sponsored lock on elections. That's inherently unfair and it should go into the dust bin.  An open primary is a good idea.

June 10, 2021

A ballot initiative seeking to "legalize" "medical marijuana" and "decriminalize" recreational pot will be commenced for filing with the Wyoming Secretary of State today.

Neither of these initiatives if passed, and I predict they will be, will actually achieve either goal, as marijuana is illegal under the Federal law.  Indeed, because of that much about its properties is not known as it cannot be studied like other substances under Federal law, none of which will prevent the inevitable future flood of lawsuits which will allege that smoking marijuana made the plaintiffs ill or ruined their lives.

What they would do is mean that any state laws prohibiting the dispensing of such materials would go away and it could be sold without a state penalty.

All in all, there are plenty of legal substances that fit the bill for medical treatment or to make people stoned and more aren't needed.  The fact that the entire country is headed down this road is pretty good evidence that we've made a world that we really don't like very much.

While these initiatives should, in the greater sense, fail, they won't, and Wyoming can join the rush in western society to find one more way to distract, dull, and stupefy.

June 11, 2021

A bill that would prohibit businesses from requiring proof of vaccinations for the most part passed committee, with only Cathy Connolly voting against it.

August 30, 2021

A committee passed a bill providing subsidies to the movie industry for filming in Wyoming.   There was only one vote against it.

September 19, 2021

A bill proposes to add three new judges to the district court line up across the state.

Another bill proposes to raise the judicial retirement age from 70 to 75 years of age.

September 25, 2021

A bill has been introduced to eliminate no compete clauses in employment contracts.

October 10, 2021

A group opposing the proposed amendment to the Wyoming Constitution to change the election system to one featuring runoffs took out a full-page ad in today's tribune.

October 11, 2021

A draft bill proposes to make it clear that the Tribes on the Wind River Reservation are eligible for funding from the Wyoming Business Council.

It had always been assumed that they were, but recently there's been some doubt due t a recent Attorney General's opinion.

December 2, 2021

Two bills that proposed to create a runoff system for Wyoming's elections, should no candidate receive 50% of the vote in the primary, failed in committee

December 17, 2021

While it's making headline news, the actual impact would be small. The Joint Revenue Committee is sponsoring a bill to allow an optional tax on the sale of real property which sells for over $1,000,000. The tax would be 1%.

There's also a bill to eliminate the exemptions for professional services from sales tax (legal service, engineering services).

January 20, 2022

HB32 is a proposed bill that requires government entities, health care facilities and providers of essential services to provide accommodations for those who are not vaccinated.

January 29, 2022

The legislature is set to add two new House districts and one new Senate district.

A proposed Natrona County House district would run basically from eastern Natrona County outside of downtown Casper to the Converse County line, and is supposed to be more of an "energy district".  A Senate district is proposed to include the "central eastern" parts of the state and would include parts of Natrona County and Converse County, again separating out parts of the same region.

The legislatures redistricting map can be found here.

February 3, 2022

It should be noted that because this is a budget session, bills have to have something like a super majority in order to be considered.

This means that most bills discussed here will go nowhere.

Senate File 51 would ban would require any participant in high school sports to register on teams comporting to their genetic gender and provides a cause of action for students who lose a spot on a team where a violation of the bill occurs.  The bill states:

SENATE FILE NO. SF0051

 

 

Fairness in women's sports act.

 

Sponsored by: Senator(s) Schuler, French, Salazar and Steinmetz and Representative(s) Gray, Haroldson and Jennings

 

 

A BILL

 

for

 

AN ACT relating to school sports; prohibiting biological males from athletic teams and sports designated for females in public schools; establishing related causes of action and protections for individuals and educational institutions; requiring rulemaking; and providing for effective dates.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 2125101 through 2125103 are created to read:

 

CHAPTER 25

FAIRNESS IN WOMEN'S SPORTS ACT

 

2125101.  Short title.

 

This chapter shall be known and may be cited as the "Fairness in Women's Sports Act."

 

2125102.  Designation of athletic teams or sports.

 

(a)  Interscholastic, intercollegiate, intramural or club athletic teams or sports that are sponsored by a public primary or public secondary school, a public institution of higher education or any school or institution whose students or teams compete against a public school or public institution of higher education must be expressly designated as one (1) of the following based on the biological sex at birth of team members:

 

(i)  Males, men or boys;

 

(ii)  Females, women or girls; or

 

(iii)  Coed or mixed, including both males and females.

 

(b)  Athletic teams or sports designated for females, women or girls shall not be open to students of the male sex.

 

(c)  For purposes of this chapter, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth.

 

2125103.  Cause of action; civil remedies.

 

(a)  Any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this chapter shall have a private cause of action for injunctive relief, damages and any other relief available under law against the school, institution of higher education or athletic association or organization that violated this act.

 

(b)  Any student who is subject to retaliation or other adverse action by a school, institution of higher education or athletic association or organization as a result of reporting a violation of this chapter to an employee or representative of the school, institution or athletic association or organization, or to any state or federal agency with oversight of schools or institutions of higher education in this state, shall have a private cause of action for injunctive relief, damages and any other relief available under law against the school, institution or athletic association or organization.

 

(c)  Any school or institution of higher education that suffers any direct or indirect harm as a result of a violation of this chapter shall have a private cause of action for injunctive relief, damages and any other relief available under law against the governmental entity, licensing or accrediting organization or athletic association or organization.

 

(d)  All civil actions brought under this section must be initiated within two (2) years after the alleged harm occurred. Persons or organizations who prevail on a claim brought under this section shall be entitled to monetary damages, including for any psychological, emotional or physical harm suffered, reasonable attorney's fees and costs and any other appropriate relief.

 

Section 2.  Not later than August 15, 2022, the state board of education, the University of Wyoming and the Wyoming community college commission shall promulgate rules to implement the provisions of this act.

 

Section 3.  

 

(a)  Except as otherwise provided in subsection (b) of this section, this act is effective July 1, 2022.

 

(b)  Sections 2 and 3 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

Of the sponsors of the bill, only Chuck Gray commented.

As noted above, whatever a person thinks of the bill and the issue, it's unlikely to get consideration in a budget session, so this does raise the question of why bother with such bills in the off years.

Another bill proposes to greatly tighten restrictions where an elected official is also employed by a governmental entity which receives funding through it.

HOUSE BILL NO. HB0026

 

 

Dual public employment and office holding.

 

Sponsored by: Representative(s) Fortner, Ottman and Rodriguez-Williams and Senator(s) Bouchard, French, James and McKeown

 

 

A BILL

 

for

 

AN ACT relating to elections; imposing restrictions on  public employment and holding elected public office as specified; amending restrictions on holding multiple elected public offices as specified; and providing for an effective date.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 222116 is amended to read:

 

222116.  Restrictions on holding more than one elected public office; restrictions on holding public employment and elected public office.

 

(a)  No person may shall hold an elective public office in any governmental entity which either provides any funding for or receives any funding from another any governmental entity in which that person is employed or holds elected public office. If a person also is elected to a public office while holding another public office or hired by a governmental entity such that this section is applicable, the person shall resign from the employment or public office first held prior to assuming the new office or employment. 

 

(b)  As used in this section:

 

(i)  "Governmental entity" means any unit of state government or local government or any branch, subdivision or agency thereof or any school district, special district or other political subdivision of the state;

 

(ii)  "Local government" means any county, city or town.

 

Section 2.  This act is effective January 1, 2024.

Another bill proposes housing assistance to some Judges who reside in districts where housing is expensive. This must be an effort to increase the attractiveness of those positions.

2022

STATE OF WYOMING

22LSO-0266

 

 

 

HOUSE BILL NO. HB0040

 

 

Judges-housing allowance.

 

Sponsored by: Joint Judiciary Interim Committee

 

 

A BILL

 

for

 

AN ACT relating to courts; authorizing the award of housing assistance to judges and justices as specified; and providing for an effective date.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 51112 is created to read:

 

51112.  Housing assistance for judges.

 

Subject to constitutional and statutory provisions concerning when salaries can become effective, justices of the supreme court and judges of the district courts, chancery courts and circuit courts may receive housing assistance if the judge or justice resides in a county in Wyoming where the average cost of housing is significantly higher than the statewide population weighted average cost of housing. The supreme court shall promulgate rules for the award of housing assistance under this section.

 

Section 2.  This act is effective July 1, 2022.

This is frankly sad/distressing in some ways.

Yet another effort is being made to convert those courts into geriatocracies:

2022

STATE OF WYOMING

22LSO-0115

 

 

 

HOUSE JOINT RESOLUTION NO. HJ0001

 

 

Supreme court justices and district judges-retirement.

 

Sponsored by: Joint Judiciary Interim Committee

 

 

A JOINT RESOLUTION

 

for

 

A JOINT RESOLUTION proposing to amend the Wyoming Constitution by amending the retirement age requirements for Wyoming supreme court justices and district court judges.

 

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF WYOMING, two-thirds of all the members of the two houses, voting separately, concurring therein:

 

Section 1.  The following proposal to amend the Wyoming Constitution, Article 5, Section 5 is proposed for submission to the electors of the State of Wyoming at the next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:

 

Article 5, Section 5.  Voluntary retirement and compensation of justices and judges.

 

Subject to the further provisions of this section, the legislature shall provide for the voluntary retirement and compensation of justices and judges of the supreme court and district courts, and may do so for any other courts, on account of length of service, age and disability, and for their reassignment to active duty where and when needed. The office of every such justice and judge shall become vacant when the incumbent reaches the age of seventy (70) seventy-five (75) years, as the legislature may prescribe.; but, in the case of an incumbent whose term of office includes the effective date of this amendment, this provision shall not prevent him from serving the remainder of said term nor be applicable to him before his period or periods of judicial service shall have reached a total of six (6) years. The legislature may also provide for benefits for dependents of justices and judges.

 

Section 2.  That the Secretary of State shall endorse the following statement on the proposed amendment:

 

Currently, the Wyoming Constitution requires Wyoming Supreme Court justices and district court judges to retire upon reaching the age of seventy (70). This amendment increases the mandatory retirement age of Supreme Court justices and district court judges from age seventy (70) to age seventy-five (75).

 

The Constitution also currently provides an exception to the mandatory requirement to retire upon reaching age seventy (70) for justices and judges who had not yet completed six (6) years of judicial service as of December 12, 1972. The proposed amendment would remove the now-obsolete six (6) year service guarantee.

70 is old enough for these positions.  Here's hoping this bill gets nowhere.

A bill has been introduced on vehicles that are self-driving.

SENATE FILE NO. SF0016

 

 

Vehicles equipped with automated driving systems.

 

Sponsored by: Joint Transportation, Highways & Military Affairs Interim Committee

 

 

A BILL

 

for

 

AN ACT relating to motor vehicles; providing for the regulation of vehicles equipped with an automated driving system; defining terms; authorizing fees; creating an account; creating penalties; requiring rulemaking; requiring reports; and providing for effective dates.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 3121101 through 3121109 are created to read:

 

CHAPTER 21

AUTONOMOUS MOTOR VEHICLES

 

ARTICLE 1

VEHICLES EQUIPPED WITH AN AUTOMATED DRIVING SYSTEM

 

3121101.  Definitions.

 

(a)  As used in this article:

 

(i)  "Automated driving system" or "ADS" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the system is limited to a specific operational design domain. An ADS is used specifically to describe a level 3, 4 or 5 driving automation system as the standards of driving automation are defined in the SAE J3016 standard. An ADS equipped vehicle shall not include a motor vehicle that is equipped with systems that enhance safety or provide the human driver assistance, such as collision avoidance systems, which are not capable, collectively or singularly, of driving the motor vehicle without the active control or monitoring of a human driver;

 

(ii)  "Commercial vehicle" means as defined in W.S. 3118101(a)(iii), unless specified otherwise;

 

(iii)  "Department" means the department of transportation;

 

(iv)  "Dispatching entity" means a human who dispatches an ADS equipped vehicle in driverless operation;

 

(v)  "Dynamic driving task" means all of the realtime operational and tactical functions required to operate a motor vehicle in onroad traffic, including any specific functions identified in department rules, and excluding strategic functions such as trip scheduling and selection of destinations and waypoints;

 

(vi)  "Human driver" means a natural person in the vehicle with a valid class of license for the type of motor vehicle being operated who controls all or part of the dynamic driving task;

 

(vii)  "Operate" or "operation" means the activities collectively performed by a human driver with or without support from one (1) or more SAE J3016 driving automation level 1 or 2 system features or by a dispatching entity and an ADS to perform the entire dynamic driving task for a motor vehicle;

 

(viii)  "SAE J3016" means the Taxonomy and Definitions for Terms Related to Driving Automation Systems for OnRoad Motor Vehicles published by Society of Automotive Engineers International in June 2018.

 

3121102.  Operation of a vehicle equipped with an automated driving system; safety at railroad crossings.

 

(a)  A vehicle equipped with an ADS may be operated on the highways of this state provided:

 

(i)  The ADS equipped vehicle is registered pursuant to this title;

 

(ii)  The dispatching entity, or human driver if applicable, causes the ADS equipped vehicle to comply with all applicable traffic, motor vehicle and equipment laws and rules of this state, unless an exemption has been granted under department rules;

 

(iii)  While in driverless operation, the ADS equipped vehicle is capable of operating in compliance with the applicable traffic and motor vehicle safety laws and rules of this state;

 

(iv)  The ADS equipped vehicle is in compliance with all applicable safety standards, equipment requirements and performance requirements of state and federal law, unless a waiver has been granted by the relevant regulating agency;

 

(v)  The ADS equipped vehicle is in compliance with all applicable federal motor vehicle safety standards for the vehicle's model year or has a United States department of transportation or other relevant federal agency approved exemption from specific compliance.

 

(b)  The department may impose by rule any additional requirements necessary to ensure the safe operation of ADS equipped vehicles. Additional requirements may include rules for safely crossing railroad grade crossings. When promulgating rules that affect ADS equipped vehicle operations at railroad crossings, no exemption from department rules shall be granted for a vehicle model without having performed not less than one (1) onsite diagnostic at a railroad crossing involving the department and all railroad companies that operate at the crossing. Nothing in this subsection shall supersede the requirements in W.S. 315511.

 

(c)  The department may by rule require notice from any entity demonstrating or testing new technology or operating conditions of a vehicle equipped with an ADS in the state. The information required as part of the notification process may be established by rule of the department.

 

3121103.  Valid license; requirements of dispatching entities and human drivers.

 

(a)  A dispatching entity operating a vehicle equipped with an ADS shall have a valid class of license for the type of motor vehicle being operated.

 

(b)  Nothing in this article prohibits or restricts a human driver from operating a vehicle equipped with an ADS that allows the human driver to control all or part of the dynamic driving task provided that the human driver holds the appropriate class of license for the type of motor vehicle being operated.

 

3121104.  Signage for commercial vehicles, registration and title of vehicles equipped with an automated driving system; insurance; reporting.

 

(a)  A commercial vehicle equipped with an ADS shall be clearly marked on the front, back and each side with appropriate signage notifying the public and law enforcement that it is operating autonomously. The markings shall include conspicuous contact information written in a size and font readable from not less than fifteen (15) feet away, to reach the dispatching entity.

 

(b)  A vehicle equipped with an ADS shall be properly registered in accordance with W.S. 312201, 3118201 if applicable, and department rules.

 

(c)  A vehicle equipped with an ADS shall be properly titled in accordance with W.S. 312101 and department rules.

 

(d)  At the time of registration and annual renewal of registration of a vehicle equipped with an ADS the following shall be submitted to the county treasurer in the county where the vehicle is registered:

 

(i)  Any update to the contact information of the dispatching entity;

 

(ii)  Verification the motor vehicle is covered in an aggregate amount of not less than five million dollars ($5,000,000.00) by a motor vehicle liability policy in full force and effect, or a bond on file with the department or selfinsurance pursuant to W.S. 319414 in the same amount, either of which satisfies the requirements of W.S. 312225(e);

 

(iii)  Verification of the uninsured motorist coverage as required by W.S. 3110101;

 

(iv)  For a commercial vehicle equipped with an ADS, an annual yearend report for the previous year, submitted to the department, of the number of miles operated, safety issues encountered, any collisions, the amount of damages caused to any person or property, any injury to any human requiring medical attention and any striking of a big game animal.

 

3121105.  Requirements for commercial vehicles equipped with an automated driving system; prohibition of double, triple trailers and oversize or overweight loads.

 

(a)  In addition to all other requirements and fees under this article applicable to vehicles equipped with an ADS, a commercial vehicle equipped with an ADS shall:

 

(i)  Obtain a commercial permit specific to commercial vehicles equipped with an ADS and any mandated inspections or certificates specific to commercial vehicles equipped with an ADS according to rules and fees set by the department to recover a proportionate share of the department's infrastructure and administrative expenses incurred attributable specifically to regulation of commercial vehicles equipped with an ADS. Once established, the department may annually adjust the fees authorized under this paragraph not to exceed the percentage increase in the Wyoming costofliving index, as determined by the division of economic analysis of the department of administration and information, unless authorized by the legislature;

 

(ii)  Obtain an annual public safety communications system authorization and connection (WyoLink or other department approved method of communication), together with the payment of an annual fee of ten thousand dollars ($10,000.00), that will allow any Wyoming peace officer, public safety dispatch or the department to communicate directly with the dispatching entity, or human driver if applicable, and give that dispatching entity, or human driver if applicable, realtime commands. The connection information may be coded so that only law enforcement, public safety dispatch or the department may contact the dispatching entity.

 

(b)  A dispatching entity shall comply with all licensing, training for hazardous materials, hours of service, drug testing, communication and other requirements that a Wyoming based commercial vehicle driver is required to comply with for operation in this state.

 

(c)  No commercial vehicle equipped with an ADS in any combination of two (2) or more single vehicles or trailers and no oversize or overweight vehicles equipped with an ADS shall operate on the highways of this state.

 

(d)  As used in this section, "commercial vehicle" means as defined in W.S. 3118201(a)(vii).

 

3121106.  Duties after crashes involving vehicles equipped with an automated driving system; vehicle operating data.

 

(a)  In the event of a crash involving a motor vehicle equipped with an ADS:

 

(i)  The vehicle equipped with an ADS shall remain on the scene of the crash when required by W.S. 3151101 and 3151102;

 

(ii)  The dispatching entity, human driver if applicable, or the ADS if the vehicle has the capability, shall promptly alert law enforcement or emergency services to the crash;

 

(iii)  The dispatching entity or human driver if applicable shall provide all requested operating data from before and during the accident to Wyoming law enforcement and any victim or victim's representative. If the dispatching entity or human driver if applicable wishes to protect proprietary data, the dispatching entity or human driver may request that a judge in the district where the collision occurred perform an in camera inspection and rule on the redaction of proprietary data.

 

3121107.  Rulemaking; fees; autonomous vehicle account.

 

(a)  Consistent with this article and other applicable state and federal laws, the department shall promulgate rules and shall develop and provide any forms necessary to implement this article.

 

(b)  For registration of a vehicle equipped with an ADS, in addition to the fees under W.S. 313101, the department may assess an additional fee in an amount necessary to recover a proportionate share of the department's infrastructure and administrative expenses reasonably incurred attributable to regulation of motor vehicles equipped with an ADS. Once established, the department may annually adjust the fee authorized under this subsection not to exceed the percentage increase in the Wyoming costofliving index, as determined by the division of economic analysis of the department of administration and information, unless authorized by the legislature.

 

(c)  All funds the department receives from the fees authorized in subsection (b) of this section and W.S. 3121105(a) shall be deposited into the state highway fund.

 

3121108.  Penalties.

 

Any person who violates any provision of this article or rule of the department pursuant to this article is guilty of a misdemeanor and subject to a fine of not more than seven hundred fifty dollars ($750.00) per day for the first occurrence and not more than one thousand dollars ($1,000.00) per day for a subsequent offense.

 

3121109.  Annual report.

 

(a)  Not later than October 1 of each year, the department shall submit a report to the joint transportation, highways and military affairs interim committee. The annual report shall contain the following information for all registered vehicles equipped with an ADS to the extent that it is available and shall separately report the information for commercial vehicles equipped with an ADS:

 

(i)  A summary of operations in Wyoming;

 

(ii)  The total number of ADS equipped vehicles registered in Wyoming and ADS equipped commercial vehicles permitted in Wyoming;

 

(iii)  Miles driven for the past year and projected miles driven for the next year;

 

(iv)  Collision statistics;

 

(v)  A brief description of all moving violations and registration, title or permit violations;

 

(vi)  Recommendations for safety related legislation or legislation concerning other aspects of ADS equipped vehicles;

 

(vii)  Other data necessary to summarize fairly and accurately the annual operations of ADS equipped vehicles in Wyoming.

 

Section 2.  Not later than September 1, 2022, the department shall promulgate rules to administer this act.

 

Section 3.  

 

(a)  Except as provided in subsection (b) of this section, this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

 

(b)  Section 1 of this act is effective September 1, 2022.

 

The state is having a terrible time balancing its books, but nonetheless the legislature is looking at repealing the inheritance tax, which only applies in Wyoming to the extremely wealthy.\

SENATE FILE NO. SF0034

 

 

Inheritance tax fees-repeal.

 

Sponsored by: Joint Revenue Interim Committee

 

 

A BILL

 

for

 

AN ACT relating to taxation and revenue; repealing the collection of fees related to state inheritance taxes; and providing for an effective date.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 3919102(a) is repealed.

 

Section 2.  This act is effective July 1, 2022.

Why?

Another bill seeks to catch up with the times in regard to the sale of utilities for electrical vehicles.

SENATE FILE NO. SF0035

 

 

Electric vehicle charging stations-regulation exemption.

 

Sponsored by: Joint Minerals, Business & Economic Development Interim Committee

 

 

A BILL

 

for

 

AN ACT relating to public utilities; specifying that the retail sale of electricity for charging electric vehicles is not subject to public utility provisions as specified; making conforming amendments to regulation exceptions; and providing for an effective date.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 371101(a)(vi)(H)(VII) and by creating a new subdivision (X) is amended to read:

 

371101.  Definitions.

 

(a)  As used in chapters 1, 2, 3, 12, 17 and 18 of this title: 

 

(vi)  "Public utility" means and includes every person that owns, operates, leases, controls or has power to operate, lease or control:

 

(H)  None of the provisions of this chapter shall apply to:

 

(VII)  The retail sale of compressed natural gas for use as motor vehicle fuel by a company which person that is not otherwise regulated under this title;

 

(X)  The retail sale of electricity for charging electric vehicles by a person that is not otherwise regulated under this title.

 

Section 2.  This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.