“The real purpose of the opposition is to minimize the amount of money the ruling party will have stolen from the people at the end of its term.” ― Mokokoma Mokhonoana










TRUMP






WHITE HOUSE





SEND IT UP, SEND IT THROUGH: The Rail Customer Coalition sent a letter to the White House urging the administration to nominate Martin Oberman to the Surface Transportation Board, noting that two other committee-approved nominees would not be confirmed until a fifth and final nominee was approved. Oberman, a Democrat, is the former chair of Illinois' Metra commuter rail board. [POLITICO's Morning Transportation, June 27, 2018]



VETERANS








HOUSE DELAYS LABOR-HHS-EDUCATION MARKUP: House appropriators postponed markup on its Labor-HHS-Education spending bill, originally scheduled for today, POLITICO's Kaitlyn Burton reports. "The markup, which had been rescheduled for Tuesday, is now slated to be held sometime after the upcoming July Fourth recess, [a committee] aide said," she writes. "Subcommittee ranking member Rosa DeLauro (D-Conn.) suggested after an earlier postponement that the delay was related to Republican reluctance to debate the bill in the midst of a backlash over White House immigration policy. But aides to majority Republicans said it had to do with scheduling problems rather than larger disputes." More here. [POLITICO's Morning Shift, June 26, 2018]
  

Chorus of concern in Congress: Some lawmakers added their voices to the opposition, cautioning that while China's intellectual property practices need to be addressed, tariffs aren't the right approach.
HOUSE PASSES CFIUS OVERHAUL: Speaking of... In a 400-2 vote, the House on Tuesday passed a bill that would overhaul the CFIUS process by expanding the types of transactions the committee can monitor and potentially block. The bill would also direct the administration to begin a continual process of identifying emerging technologies that should be subject to restrictions under U.S. export control regulations.
The legislation, known as the Foreign Investment Risk Review Modernization Act, could become a stand-in for the actions the administration wants to take against China. The bill would go some distance toward limiting the ability of Chinese firms to acquire or merge with U.S. companies if a national security threat were determined. It would also potentially put more U.S.-made goods that have military uses under the close watch of the U.S. export control system.
The Senate passed its version of the bill last week as part of annual defense legislation. The two bills will have to be reconciled in conference.
One added complication: The Senate version of the bill contains a measure that would effectively reverse a seven-year ban on Chinese telecom giant ZTE from doing business with U.S. suppliers. Trump opposes that language, but lawmakers have been enthusiastic about pushing back against the administration's decision to backtrack on what would have been a death sentence for the Chinese firm.
The White House on Tuesday further explained its opposition to the ZTE language in the defense bill, saying the provisions would undermine "the very purpose of the relevant export control regulations."

"A statutory bar on relief would eliminate key incentives for ZTE or any other company to come into compliance with U.S. export controls, even if it is in the national security interest of the United States to maintain these incentives," the Office of Management and Budget said in a follow-on statement of administration policy. [POLITICO's Morning Trade, June 27, 2018]



U.S. AGRICULTURE

ITALIANS TAKE AIM AT U.S. FOOD PRACTICES: As the future of U.S nutrition programs is debated in Washington, representatives from the foundation of pasta maker Barilla visited New York last week to put many of these debates in a global context. Since Barilla's foundation encourages consumers to eat more plant-based foods to improve their health and the planet's health, they're spreading the word about their work through a report, releasing a book this week and hosting a fall conference.
Talking sustainability by the numbers: Luca Di Leo, a spokesman for Barilla, told your host that the group is updating a 2017 study it previously collaborated with The Economist showing that the U.S. ranked 21st out of 34 countries in terms of overall food sustainability. Di Leo said that's because the U.S. sets aside little land for organic farming. "Quite a large land is devoted to biofuels," he said. "On the nutritional side, the meat consumption is very high." He also called out the nation's poor dietary standards and overconsumption of sugar. The group plans to present its most recent data at a conference in Milan in November.
Talking sustainability with a book: On Thursday, the foundation is also publishing the book "Nourished Planet: Sustainability in the Global Food System" with Food Tank's Danielle Nierenberg, which explores sustainability success stories from around the world — like urban farmers in Nairobi who developed vertical gardens and a project in Egypt that cut grain waste from nearly 50 percent to nearly 5 percent. It also had some surprising facts about the rates of soil erosion compared with regeneration: In Iowa, it's eroding 10 times faster than it's regenerating. In Europe, it's three to 40 times faster. In China, it's 30 to 40 times faster.
What's next? On Sept. 28, the Barilla Foundation is holding an international forum in New York City to talk more about food and nutrition. [POLITICO's Morning Agriculture, June 26,2018]



Dairy farmers also reached out to Trump by letter telling him they're at risk of losing their share in the Mexican market if the administration doesn't lift its tariffs on steel and aluminum, Doug reports. More than 60 dairy groups from 30 states signed the letter, which notes that Mexico imports around $400 million in American cheese. Under NAFTA, the U.S. has become the largest foreign supplier of dairy to Mexico. The groups didn't call on Trump to lift restrictions on Canada, which has long drawn the ire of farmers and legislators due to its high tariffs on dairy products. [POLITICO's Morning Agriculture, June 27, 2018]





 ZTE's on-again, off-again penalty upends the trade game
Last week, Chinese telecom manufacturer ZTE paid $1 billion to the Commerce Department to settle charges it sold banned technology to Iran and North Korea. Until the Trump administration intervened, that penalty was way tougher: a ban on the company's access to U.S. tech exports that would likely drive ZTE out of business. The Senate has voted to restore the original punishment, using an amendment to a must-pass defense appropriations bill.
What happens if that bill makes it into law is anyone's guess — from what ZTE's next steps are to how exactly the government might return that billion dollars.
"The nitty gritty of this is hard to imagine because nothing like this has happened before," said Brian Fleming, a lawyer for Miller & Chevalier specializing on trade-based regulatory issues and former counsel at the Department of Justice.
ZTE has legal options: Paying the fine does not take the original penalty off the table — geopolitics does not have a "no backsies" rule. There are, however, some constitutional issues that may work in ZTE's favor.
  • For example, said Fleming, ZTE could sue to restore the Trump deal, calling the Senate's move a "bill of attainder," a fancy term for a law meant to single out a specific company. (The U.S. Constitution specifically bars bills of attainder.) Under very different circumstances, Kaspersky Lab recently tried this argument to reverse a federal ban on its products.
  • But, with the White House's investment in reversing the original penalties, Fleming wouldn't be surprised if ZTE let the Trump administration make the first move.
Would Trump veto the NDAA? The National Defense Authorization Act, the defense bill the Senate used to ZTE's penalties, is the yearly budget and priorities package for the military. It hardly ever gets vetoed; American leaders don't try to sabotage the military budget. But Trump has shown a penchant for brinksmanship.
Why it matters: No matter what, said Fleming, the United States has done considerable harm to its bargaining power: "Reversing the White House deal could be a big credibility problem. But the White House deal has already done that" — it reversed things first.
  • Undoing the deal will make it difficult for the White House to negotiate with the rest of the world.
  • Keeping the deal will make it difficult for the Commerce Department, which negotiated the original penalty, to negotiate future deals. Fleming: "It makes it more difficult for lawyers like me to know if we enter into a settlement with the government, will it be blown up on Twitter."
Meanwhile, although there's no telling whether the ZTE deal rollback will survive the legislative process (the Senate's version of the NDAA has to be reconciled with the House's), the Senate is gearing up for a showdown.
"How exactly does helping save #ZTE give us leverage in broader negotiations with China? Giving in to their demands doesn’t create leverage, it emboldens them to see us as bluffers," tweeted Sen. Marco Rubio (R-Fla.) last week. [Axios Codebook, June 26, 2018]


AUTOMAKERS TO TRUMP: WE DON'T WANT YOUR PROTECTION: Trump is pushing his administration to speed up its investigation into foreign-made cars and impose tariffs as high as 25 percent, a move the White House says would encourage domestic investment and support U.S. workers. The only issue? Automakers don't want his help.
Because of the intricate and global nature of automotive supply chains, foreign and domestic brands alike are concerned that tariffs meant to help them would only end up backfiring, disrupting sales and hurting their bottom lines. So in an effort to head off tariffs before they are put in place, industry groups and automotive companies are banding together to launch what they describe as an educational and advocacy push to show that tariffs would ultimately cause more harm than good.
And the effort spans more than just the automotive sector: Industries like agriculture and consumer products that are concerned about being hit with retaliatory duties if car tariffs go into effect are also joining in.
"We don't want to attack the administration per se," said Jennifer Thomas, a vice president of the Alliance of Automobile Manufacturers, which has taken a leadership role in organizing opposition. "We don't want to take that sort of aggressive tactic, but we want to be clear on the wisdom of tariffs. We don't think tariffs are the right approach."
A magnifying effect: Opponents are concerned that car tariffs could have far deeper impacts than Trump's steel and aluminum duties. The U.S. imported some $360 billion in cars, car parts and engines last year, compared to $29 billion in steel and $18 billion in aluminum.

"This would widen the trade war tenfold," said Rufus Yerxa, a former trade official who now leads the National Foreign Trade Council. "It's a whole different ball game from steel." Read the full story here. [POLITICO's Morning Trade, June 27, 2018]



CYBER SECURITY

TRUMP, SENATE AT ODDS OVER DEFENSE CYBER PROVISIONS — The Trump administration on Tuesday objected to several cyber provisions in a fiscal 2019 defense policy bill (S. 2987), saying a number of them intruded on existing executive branch authorities. One provision would establish a cybersecurity strategy that states the U.S. government alert other countries when possible if their networks are used to carry out an attack by a third country; if the notified country doesn't take action, the U.S. would retain the right to act unilaterally. A statement of administration policy says the White House "strongly objects" to that provision because it would potentially alert adversaries to U.S. targets. Another bill provision, the policy statement says, "would prevent DOD from responding to the types of significant cyber attacks and malicious cyber activities to stop attacks in circumstances where attribution may not be feasible or immediately apparent." Yet another provision, the administration contends, would prevent the secretary of the Energy Department from exerting traditional authority over cybersecurity. [POLITICO's Morning Cybersecurity, June 27, 2018]



READ







Russian interference in the 2016 election     





 Apollo Global Management and Värde Partners completed their purchase of a 40.5% stake in OneMain Financial (NYSE: OMF), the Evansville, Ind.-based subprime lender spun off by Citigroup after the financial crisis, at $26 per share from Fortress Investment Grouphttp://axios.link/Zs0G [Axios Pro Rata, June 26, 2018]

Warburg Pincus and Ouro Preto Óleo e Gás (backed by EIG Global Energy) have made bids for a group of mature, shallow-water oilfields being sold by Brazil’s Petrobras for around $1 billion, per Reuters. http://axios.link/344d  [Axios Pro Rata, June 27, 2018]


 UST Global, an Aliso Viejo, Calif.-based digital services provider, raised $250 million from Temasekhttp://axios.link/Fz3D [Axios Pro Rata, June 27, 2018]



CANDIDATES




STEPHEN MILLER
Policy Aide   





U.S. SUPREME COURT      





FREE TO GO? Some people facing federal charges of tax obstruction might get off the hook thanks to a Supreme Court rulingin March (Marinello v. United States) that made it much harder for the government to convict someone of the crime. Richard Zuckerman, principal deputy assistant attorney general in the Justice Department's Tax Division, told attendees at a tax forum in New York that "addressing tax obstruction charges that predate Marinello is 'an ongoing process' involving dismissal of some charges at both the trial and appellate levels," Tax Notes reported. "Other cases require examination of the record to determine whether objections have been preserved and whether the evidence would support the conviction even after applying the Marinello standard, he said." The department is also taking "a very conservative position" on opening obstruction cases, Zuckerman said. [POLITICO's Morning Tax, June 25, 2018]


MORE THAN WORDS — The Supreme Court ruling late last week in Carpenter v. United States, which determined that the government must get a warrant to obtain cell site location information, has broader implications for digital privacy, according to an attorney who filed a friend of the court brief in the case. "By recognizing that individuals can retain an expectation of privacy — and Fourth Amendment protection — in personal information held by third parties, the Court provided a strong signal that Americans will not lose that constitutional protection now that they communicate their most personal information in emails or texts stored on third parties' servers, rather than letters delivered by the post office and kept at home," said Andy Brown, a lawyer at Mayer Brown, in a statement emailed to MC. "And that medical information collected and stored in apps remains just as protected as when it was kept in a diary among many other examples." [POLITICO's Morning Cybersecurity, June 25, 2018]



SCREEN







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