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The Politics of Searching a Former President’s Home – The New York Times

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Experts on high-wire investigations say that the Justice Department would have carefully weighed the decision to poke around Mar-a-Lago — and that it might want to tell the public why it was necessary.

The F.B.I. does not take a decision like searching the private home of a former president lightly.

As Garrett Graff, the author of a biography of James Comey — the F.B.I. director who oversaw the investigation of Hillary Clinton’s email server, then went on to run the Russia inquiry before Donald Trump fired him in 2017 — put it, “This was presumably the highest burden of proof that the Justice Department has ever required for a search warrant.”

As a matter of political sensitivity, he said, the Mar-a-Lago search ranked with the subpoena of Richard Nixon’s secret Oval Office tapes and the decision to sample the DNA on Monica Lewinsky’s infamous blue dress to see if it belonged to President Bill Clinton.

Graff noted that the Justice Department’s “fumbling” of several aspects of its investigation of the 2016 Trump campaign and the controversy over its handling of the Clinton email investigation would probably raise the bar for what might prompt such a high-profile step this time around.

Christopher Wray, the director of the F.B.I., Attorney General Merrick Garland and their top deputies would be well aware of the minefields involved — including the possibility, as Trump proved on Monday when he announced the search in a news release, that it would draw the department into the very sort of political maelstrom Garland has sought to avoid.

All of that suggests the investigation is both serious and fairly well advanced.

In May, Garland reissued the department’s traditional guidance on politically sensitive investigations — and he kept the language approved by his predecessor as attorney general, Bill Barr. That move led someone to leak the memo to Rachel Maddow of MSNBC, who criticized Garland for sticking with Barr’s policy.

Former Justice Department officials said the search fell into a gray area, as Trump is not officially a candidate for anything at the moment. The policy, moreover, applies only to the coming midterm elections, not to the 2024 presidential election.

But that’s just the technical, legal side of this move. Politics is another story.

There are a few hints that Trump thinks — with some justification — that the search will help him secure the Republican nomination in 2024. First, he announced it himself. Second, Republicans have already rallied to his side. Third, there’s no sign that any of his putative rivals in the shadow G.O.P. primary are ready to throw him overboard just yet, which suggests that they fear crossing him.

Consider Ted Cruz, who ran against Trump in 2016 and might do so again in 2024. On Tuesday afternoon, Cruz sent a text message to his supporters calling the search “a raw abuse of power.” He also accused the F.B.I. of becoming “the Democrat Party Police Force.” For good measure, he threw in a fund-raising link.

News of the search is probably not helpful to Representative Liz Cheney of Wyoming, either. She has a tough primary next Tuesday, which she is widely expected to lose. Given Cheney’s role as vice chairwoman of the Jan. 6 committee, it’s likely many G.O.P. base voters will associate her with the F.B.I. search.

As far as we know, however, that would be a mistaken impression; there’s no reason to think the bureau’s investigation has anything to do with Jan. 6, let alone with Cheney herself.

Cheney’s opponent, Harriet Hageman, isn’t worried about the nuances. She tweeted this morning, in a tone that could have been written by the 45th president himself:

If the FBI can treat a former President this way, imagine what they can do to the rest of us. It’s a 2-tiered justice system – one for elites & another for their political enemies. Like sending 87k IRS agents to harass citizens. Or the J6 committee. Political persecution!

Kenny Holston for The New York Times

In February 2021, when Garland testified before the Judiciary Committee ahead of his confirmation vote, he began his remarks by observing that “the president nominates the attorney general to be the lawyer — not for any individual, but for the people of the United States.”

He added, in case anyone didn’t get the message, that he wanted to “reaffirm that the role of the attorney general is to serve the rule of law.”



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Behind the Journalism

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How Times reporters cover politics.
We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.

Liberals have complained more or less constantly since Garland took office that he has taken his hands-off approach to an extreme, emphasizing his independence and deliberative approach at the expense of moving with the alacrity many on the left would like to see in an investigation or investigations against Trump.

So there’s an alternate possibility, some former Justice Department officials speculated — that Garland is so concerned about demonstrating just how independent and by-the-book he is that he might have considered it imprudent to tell the F.B.I. not to execute the search just three months before the midterms, at a time when Trump is making noises about running for president a third time.

Then again, modern presidential campaigns never really begin or end, so it’s hard to say when an appropriate moment for such an aggressive investigative step might be.

Ironically, some said that Garland might want to be more transparent about why the search was necessary, to keep Trump from filling the vacuum with his own narrative.

That’s fraught territory, too.

After all, it was Comey’s effort to be transparent — in both announcing the investigation into Clinton during the heat of the 2016 campaign and in updating Congress when the bureau discovered a new trove of emails on Anthony Wiener’s laptop — that made the F.B.I. director such a lightning rod.

Comey, asked to offer his own thoughts on the F.B.I. search, replied in an email: “Thanks for asking but it’s not something I’m interested in talking about.”

Two news conferences, congressional testimony, leaked notes and a tell-all memoir later — now he tells us.

— Blake

Is there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at onpolitics@nytimes.com.

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Alberta Premier Smith aims to help fund private school construction

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EDMONTON – Alberta Premier Danielle Smith says her government’s $8.6-billion plan to fast-track building new schools will include a pilot project to incentivize private ones.

Smith said the ultimate goal is to create thousands of new spaces for an exploding number of new students at a reduced cost to taxpayers.

“We want to put all of the different school options on the same level playing field,” Smith told a news conference in Calgary Wednesday.

Smith did not offer details about how much private school construction costs might be incentivized, but said she wants to see what independent schools might pitch.

“We’re putting it out there as a pilot to see if there is any interest in partnering on the same basis that we’ll be building the other schools with the different (public) school boards,” she said.

Smith made the announcement a day after she announced the multibillion-dollar school build to address soaring numbers of new students.

By quadrupling the current school construction budget to $8.6 billion, the province aims to offer up 30 new schools each year, adding 50,000 new student spaces within three years.

The government also wants to build or expand five charter school buildings per year, starting in next year’s budget, adding 12,500 spaces within four years.

Currently, non-profit independent schools can get some grants worth about 70 per cent of what students in public schools receive per student from the province.

However, those grants don’t cover major construction costs.

John Jagersma, executive director of the Association of Independent Schools and Colleges of Alberta, said he’s interested in having conversations with the government about incentives.

He said the province has never directly funded major capital costs for their facilities before, and said he doesn’t think the association has ever asked for full capital funding.

He said community or religious groups traditionally cover those costs, but they can help take the pressure off the public or separate systems.

“We think we can do our part,” Jagersma said.

Dennis MacNeil, head of the Public School Boards Association of Alberta, said they welcome the new funding, but said money for private school builds would set a precedent that could ultimately hurt the public system.

“We believe that the first school in any community should be a public school, because only public schools accept all kids that come through their doors and provide programming for them,” he said.

Jason Schilling, president of the Alberta Teachers’ Association, said if public dollars are going to be spent on building private schools, then students in the public system should be able to equitably access those schools.

“No other province spends as much money on private schools as Alberta does, and it’s at the detriment of public schools, where over 90 per cent of students go to school,” he said.

Schilling also said the province needs about 5,000 teachers now, but the government announcement didn’t offer a plan to train and hire thousands more over the next few years.

Alberta NDP Leader Naheed Nenshi on Tuesday praised the $8.6 billion as a “generational investment” in education, but said private schools have different mandates and the result could be schools not being built where they are needed most.

“Using that money to build public schools is more efficient, it’s smarter, it’s faster, and it will serve students better,” Nenshi said.

Education Minister Demetrios Nicolaides’ office declined to answer specific questions about the pilot project Wednesday, saying it’s still under development.

“Options and considerations for making capital more affordable for independent schools are being explored,” a spokesperson said. “Further information on this program will be forthcoming in the near future.”

This report by The Canadian Press was first published Sept. 18, 2024.

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Health Minister Mark Holland appeals to Senate not to amend pharmacare bill

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OTTAWA – Health Minister Mark Holland urged a committee of senators Wednesday not to tweak the pharmacare bill he carefully negotiated with the NDP earlier this year.

The bill would underpin a potential national, single-payer pharmacare program and allow the health minister to negotiate with provinces and territories to cover some diabetes and contraceptive medications.

It was the result of weeks of political negotiations with the New Democrats, who early this year threatened to pull out of their supply-and-confidence deal with the Liberals unless they could agree on the wording.

“Academics and experts have suggested amendments to this bill to most of us here, I think,” Independent Senator Rosemary Moodie told Holland at a meeting of the Senate’s social affairs committee.

Holland appeared before the committee as it considers the bill. He said he respects the role of the Senate, but that the pharmacare legislation is, in his view, “a little bit different.”

“It was balanced on a pinhead,” he told the committee.

“This is by far — and I’ve been involved in a lot of complex things — the most difficult bit of business I’ve ever been in. Every syllable, every word in this bill was debated and argued over.”

Holland also asked the senators to move quickly to pass the legislation, to avoid lending credence to Conservative critiques that the program is a fantasy.

When asked about the Liberals’ proposed pharmacare program for diabetes and birth control, Conservative Leader Pierre Poilievre has often responded that the program isn’t real. Once the legislation is passed, the minister must negotiate with every provincial government to actually administer the program, which could take many months.

“If we spend a long time wordsmithing and trying to make the legislation perfect, then the criticism that it’s not real starts to feel real for people, because they don’t actually get drugs, they don’t get an improvement in their life,” Holland told the committee.

He told the committee that one of the reasons he signed a preliminary deal with his counterpart in British Columbia was to help answer some of the Senate’s questions about how the program would work in practice.

The memorandum of understanding between Ottawa and B.C. lays out how to province will use funds from the pharmacare bill to expand on its existing public coverage of contraceptives to include hormone replacement therapy to treat menopausal symptoms.

The agreement isn’t binding, and Holland would still need to formalize talks with the province when and if the Senate passes the bill based on any changes the senators decide to make.

This report by The Canadian Press was first published Sept. 18, 2024.

The Canadian Press. All rights reserved.

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Nova Scotia NDP accuse government of prioritizing landlord profits over renters

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HALIFAX – Nova Scotia’s NDP are accusing the government of prioritizing landlords over residents who need an affordable place to live, as the opposition party tables a bill aimed at addressing the housing crisis.

NDP Leader Claudia Chender took aim at the Progressive Conservatives Wednesday ahead of introducing two new housing bills, saying the government “seems to be more focused on helping wealthy developers than everyday families.”

The Minister of Service Nova Scotia has said the government’s own housing legislation will “balance” the needs of tenants and landlords by extending the five per cent cap on rent until the end of 2027. But critics have called the cap extension useless because it allows landlords to raise rents past five per cent on fixed-term leases as long as property owners sign with a new renter.

Chender said the rules around fixed-term leases give landlords the “financial incentive to evict,” resulting in more people pushed into homelessness. She also criticized the part of the government bill that will permit landlords to issue eviction notices after three days of unpaid rent instead of 15.

The Tories’ housing bill, she said, represents a “shocking admission from this government that they are more concerned with conversations around landlord profits … than they are about Nova Scotians who are trying to find a home they can afford.”

The premier’s office did not immediately respond to a request for comment.

Also included in the government’s new housing legislation are clearer conditions for landlords to end a tenancy, such as criminal behaviour, disturbing fellow tenants, repeated late rental payments and extraordinary damage to a unit. It will also prohibit tenants from subletting units for more than they are paying.

The first NDP bill tabled Wednesday would create a “homelessness task force” to gather data to try to prevent homelessness, and the second would set limits on evictions during the winter and for seniors who meet income eligibility requirements for social housing and have lived in the same home for more than 10 years.

The NDP has previously tabled legislation that would create a $500 tax credit for renters and tie rent control to housing units instead of the individual.

Earlier this week landlords defended the use of the contentious fixed-term leases, saying they need to have the option to raise rent higher than five per cent to maintain their properties and recoup costs. Landlord Yarviv Gadish, who manages three properties in the Halifax area, called the use of fixed-term leases “absolutely essential” in order to keep his apartments presentable and to get a return on his investment.

This report by The Canadian Press was first published Sept. 18, 2024.

The Canadian Press. All rights reserved.

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