Recent Supreme Court decisions have significantly altered the balance of power in the federal government, forcing Congress to rethink how it writes laws. In this episode, learn which decisions caused the shift, what the consequences are, how Congress is responding, and what options exist to push back against this new reality. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media!

President Trump keeps saying the United States needs to "have Greenland," but why? In this episode, listen to testimony to Congress about the idea of the United States taking ownership of Greenland, which is not being laughed out of the room. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media!

There is a lot of public anger towards nine Democratic Party Senators for helping Republicans pass a funding bill into law in mid-March. In this episode, we examine the details of the funding law in order to understand the deceptions that lead to that anger. Americans are being played.  

President Trump has been threatening to “take back” the Panama Canal since he regained power. In this episode, listen to testimony from officials serving on the Federal Maritime Commission who explain why the Panama Canal has become a focus of the administration and examine whether or not we need to be concerned about an impending war for control of the canal. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes Current Events around the Panama Canal March 5, 2025. the Associated Press. Sabrina Valle, Suzanne McGee, and Michael Martina. March 4, 2025. Reuters. Matt Murphy, Jake Horton and Erwan Rivault. February 14, 2025. BBC. May 1, 2024. World Weather Attribution. World Maritime News Staff. March 15, 2019. World Maritime News. July 29, 2018. Reuters. Panama Canal Treaty of 1977 U.S. Department of State. The Chinese “Belt and Road Initiative” Michele Ruta. March 29, 2018. World Bank Group. The Trump-Gaza Video February 26, 2025. Sky News. Laws Audio Sources Senate Committee on Commerce, Science, and Transportation January 28, 2025 Witnesses: Louis E. Sola, Chairman, Federal Maritime Commission (FMC) Daniel B. Maffei, Commissioner, FMC , Professor, Scalia Law School, George Mason University Joseph Kramek, President & CEO, World Shipping Council Clips 17:30 Sen. Ted Cruz (R-TX): Between the American construction of the Panama Canal, the French effort to build an isthmus canal, and America's triumphant completion of that canal, the major infrastructure projects across Panama cost more than 35,000 lives. For the final decade of work on the Panama Canal, the United States spent nearly $400 million, equivalent to more than $15 billion today. The Panama Canal proved a truly invaluable asset, sparing both cargo ships and warships the long journey around South America. When President Carter gave it away to Panama, Americans were puzzled, confused, and many outraged. With the passage of time, many have lost sight of the canal's importance, both to national security and to the US economy. 18:45 Sen. Ted Cruz (R-TX): But the Panama Canal was not just given away. President Carter struck a bargain. He made a treaty. And President Trump is making a serious and substantive argument that that treaty is being violated right now. 19:10 Sen. Ted Cruz (R-TX): President Trump has highlighted two key issues. Number one, the danger of China exploiting or blocking passage through the canal, and number two, the exorbitant costs for transit. 19:20 Sen. Ted Cruz (R-TX): Chinese companies are right now building a bridge across the canal at a slow pace, so as to take nearly a decade. And Chinese companies control container points ports at either end. The partially completed bridge gives China the ability to block the canal without warning, and the ports give China ready observation posts to time that action. This situation, I believe, poses acute risks to US national security. 19:50 Sen. Ted Cruz (R-TX): Meanwhile, the high fees for canal transit disproportionately affect Americans, because US cargo accounts for nearly three quarters of Canal transits. US Navy vessels pay additional fees that apply only to warships. Canal profits regularly exceed $3 billion. This money comes from both American taxpayers and consumers in the form of higher costs for goods. American tourists aboard cruises, particularly those in the Caribbean Sea, are essentially captive to any fees Panama chooses to levy for canal transits, and they have paid unfair prices for fuel bunkering at terminals in Panama as a result of government granted monopoly. Panama's government relies on these exploitative fees. Nearly 1/10 of its budget is paid for with canal profit. 21:25 Sen. Ted Cruz (R-TX): Panama has for years flagged dozens of vessels in the Iranian ghost fleet, which brought Iran tens of billions of dollars in oil profits to fund terror across the world. 21:40 Sen. Ted Cruz (R-TX): And Chinese companies have won contracts, often without fair competition, as the infamous Belt and Road Initiative has come to Panama. China often engages in debt trap diplomacy to enable economic and political coercion. In Panama, it also seems to have exploited simple corruption. 32:40 Louis Sola: The Panama Canal is managed by the Panama Canal Authority, ACP, an independent agency of the Panamanian government. The ACP is a model of public infrastructure management, and its independence has been key to ensure a safe and reliable transit of vessels critical to the US and global commerce. 33:25 Louis Sola: In contrast, the broader maritime sector in Panama, including the nation's ports, water rights, and the world's largest ship registry, falls under the direct purview of the Panamanian government. 33:35 Louis Sola: Unfortunately, this sector has faced persistent challenges, including corruption scandals and foreign influence, particularly from Brazil and China. These issues create friction with the ACP, especially as it works to address long term challenges such as securing adequate water supplies for the canal. 33:55 Louis Sola: Although the ACP operates independently, under US law both the ACP and the government of Panama's maritime sector are considered one in the same. This means that any challenges in Panama's maritime sector, including corruption, lack of transparency, or foreign influence, can have a direct or indirect impact on the operations and long term stability of the canal. This legal perspective highlights the need for diligence in monitoring both the ACP's management and Panama government's policies affecting maritime operations. 34:30 Louis Sola: Since 2015, Chinese companies have increased their presence and influence throughout Panama. Panama became a member of the Belt and Road Initiative and ended its diplomatic relations with Taiwan. Chinese companies have been able to pursue billions of dollars in development contracts in Panama, many of which were projects directly on or adjacent to the Panama Canal. Many were no bid contracts. Labor laws were waived, and the Panamanian people are still waiting to see how they've been benefited. It is all more concerning that many of these companies are state-owned, and in some cases, even designated as linked to the People's Liberation Army. We must address the significant growing presence and influence of China throughout the Americas and in Panama, specifically. 35:20 Louis Sola: American companies should play a leading role in enhancing the canal's infrastructure. By supporting US firms, we reduce reliance on Chinese contractors and promote fair competition. 36:55 Daniel Maffei: Because the canal is essentially a waterway bridge over mountainous terrain above sea level, it does depend on large supplies of fresh water to maintain the full operations. Panama has among the world's largest annual rainfalls. Nonetheless, insufficient fresh water levels have occurred before in the canal's history, such as in the 1930s when the Madden Dam and Lake Alajuela were built to address water shortages. Since that time, the canal has undertaken several projects to accommodate larger, more modern ships. In the last couple of years, a trend of worsening droughts in the region, once again, has forced limits to the operations of the canal. Starting in June of 2023 the Panama Canal Authority employed draft restrictions and reduced the number of ships allowed to transit the canal per day. Now the Panama Canal limitations, in combination with the de facto closure of the Suez Canal to container traffic, has had serious consequences for ocean commerce, increasing rates, fees and transit times. 39:30 Daniel Maffei: Now, fortunately, Panama's 2024 rainy season has, for now, alleviated the most acute water supply issues at the canal, and normal transit volumes have been restored. That said, while the Panamanian government and Canal Authority have, with the advice of the US Army Corps of Engineers, developed credible plans to mitigate future water shortages, they also warned that it is likely that at least one more period of reduced transits will occur before these plans can be fully implemented. 41:55 Eugene Kontorovich: We shall see that under international law, each party to the treaty is entitled to determine for itself whether a violation has occurred. Now, in exchange for the United States ceding control of the canal which it built and maintained, Panama agreed to a special regime of neutrality. The essential features of this regime of neutrality is that the canal must be open to all nations for transit. That's Article Two. Equitable tolls and fees, Article Three. An exclusive Panamanian operation, Article Five. The prohibition of any foreign military presence, Article Five. Article Five provides that only Panama shall operate the canal. Testifying about the meaning of the treaty at the Senate ratification hearings, the Carter administration emphasized that this prohibits foreign operation of the canal, as well as the garrisoning of foreign troops. Now, Article Five appears to be primarily concerned about control by foreign sovereigns. If Panama signed a treaty with the People's Republic of China, whereby the latter would operate the canal on Panama's behalf, this would be a clear violation. But what if Panama contracted for port operations with a Chinese state firm, or even a private firm influenced or controlled in part by the Chinese government? The Suez Canal Company was itself, before being nationalized, a private firm in which the United Kingdom was only a controlling shareholder. Yet this was understood to represent British control over the canal. In other words, a company need not be owned by the government to be in part controlled by the government. So the real question is the degree of de jure or de facto control over a Foreign Sovereign company, and scenarios range from government companies in an authoritarian regime, completely controlled, to purely private firms in our open society like the United States, but there's many possible situations in the middle. The treaty is silent on the question of how much control is too much, and as we'll see, this is one of the many questions committed to the judgment and discretion of each party. Now turning to foreign security forces, the presence of third country troops would manifestly violate Article Five. But this does not mean that anything short of a People's Liberation Army base flying a red flag is permissible. The presence of foreign security forces could violate the regime of neutrality, even if they're not represented in organized and open military formations. Modern warfare has seen belligerent powers seek to evade international legal limitations by disguising their actions in civilian garb, from Russia's notorious little green men to Hamas terrorists hiding in hospitals or disguised as journalists. Bad actors seek to exploit the fact that international treaties focus on sovereign actors. Many of China's man made islands in the South China Sea began as civilian projects before being suddenly militarized. Indeed, this issue was discussed in the Senate ratification hearings over the treaty. Dean Rusk said informal forces would be prohibited under the treaty. Thus the ostensible civilian character of the Chinese presence around the canal does not, in itself, mean that it could not represent a violation of the treaty if, for example, these companies and their employees involved Chinese covert agents or other agents of the Chinese security forces. So this leads us to the final question, Who determines whether neutrality is being threatened or compromised? Unlike many other treaties that provide for third party dispute resolution, the neutrality treaty has no such provision. Instead, the treaty makes clear that each party determines for itself the existence of a violation. Article Four provides that each party is separately authorized to maintain the regime of neutrality, making a separate obligation of each party. The Senate's understanding accompanying to ratification also made clear that Article Five allows each party to take, quote, "unilateral action." Senator Jacob Javits, at the markup hearing, said that while the word unilateral is abrasive, we can quote, "decide that the regime of neutrality is being threatened and then act with whatever means are necessary to keep the canal neutral unilaterally." 46:35 Joseph Kramek: My name is Joe Kramek. I'm President and CEO of the World Shipping Council. The World Shipping Council is the global voice of liner shipping. Our membership consists of 90% of the world's liner shipping tonnage, which are container vessels and vehicle carriers. They operate on fixed schedules to provide our customers with regular service to ship their goods in ports throughout the world. 47:15 Joseph Kramek: As you have heard, using the Panama Canal to transit between the Atlantic and Pacific saves significant time and money. A typical voyage from Asia to the US or East Coast can be made in under 30 days using the canal, while the same journey can take up to 40 days if carriers must take alternate routes. From a commercial trade perspective, the big picture is this. One of the world's busiest trade lanes is the Trans Pacific. The Trans Pacific is cargo coming from and going to Asia via the United States. Focusing in a bit, cargo coming from Asia and bound for US Gulf and East Coast ports always transits the Panama Canal. Similarly, cargo being exported from US and East Coast ports, a large share of which are US Agricultural exports, like soybeans, corn, cotton, livestock and dairy also almost always transits the Panama Canal. The result is that 75% of Canal traffic originates in or is bound for the United States. 48:55 Joseph Kramek: We've talked about the drought in 2023 and the historic low water levels that it caused in Lake Gatún, which feeds the canal locks, a unique system that is a fresh water feed, as contrasted to an ocean to ocean system, which the French tried and failed, but which is actually active in the Suez Canal. These low water levels reduced transits from 36 transits a day to as low as 22 per day. Additionally, the low water levels required a reduction in maximum allowable draft levels, or the depth of the ship below the water line, which for our members reduced the amount of containers they could carry through the canal. This resulted in a 10% reduction in import volumes for US Gulf and East Coast ports, with the Port of Houston experiencing a 26.7% reduction. 51:10 Sen. Ted Cruz (R-TX): Are you aware of allegations from some vessel operators of disparate treatment such as sweetheart deals or favorable rebates by Panama for canal transits? Louis Sola: Thank you for the question, Mr. Chairman, we have become aware through some complaints by cruise lines that said that they were not getting a refund of their canal tolls. When we looked into this, we found a Panamanian Executive Order, Decree 73, that specifically says that if a cruise line would stop at a certain port, that they could be refunded 100% of the fees. And as far as I know, that's the only instant where that exists. 53:05 Sen. Ted Cruz (R-TX): So Panama was the very first Latin American country to join China's Belt and Road Initiative, and right now, China is building a fourth bridge across the Panama Canal for car traffic and light rail. Chairman Sola, why should Chinese construction of a bridge near Panama City concern the United States? Louis Sola: Mr. Chairman, we all saw the tragedy that happened here in the Francis Scott Key Bridge incident and the devastation that had happened to Baltimore. We also saw recently what happened in the Suez Canal, where we had a ship get stuck in there. It's not only the construction of the bridge, but it's a removal of a bridge, as I understand it, called the Bridge of the Americas. It was built in 1961 and that would paralyze cargo traffic in and out of the canals. 53:55 Sen. Ted Cruz (R-TX): Panama also recently renewed the concessions for two container ports to a Chinese company, Hutchison Ports PPC. Of course, Chinese companies are controlled by the Communist Party. How does China use control of those ports for economic gain? Louis Sola: Mr. Chairman, I am a regulator, a competition regulator. And the Chinese ports that you're referring to, let me put them into scope. The one on the Pacific, the Port of Balboa, is roughly the same size as the Port of Houston. They do about 4 million containers a year. They have about 28 game tree cranes. The one on the Atlantic is the same as my hometown in Miami, they do about 1 million containers. So where Roger Gunther in the Port of Houston generates about $1 billion a year and Heidi Webb in Miami does about $200 million, the Panama ports company paid 0 for 20 years on that concession. So it's really hard to compete against zero. So I think that's our concern, our economic concern, that we would have. Sen. Ted Cruz (R-TX): Commissioner Maffei, anything to add on that? Daniel Maffei: Yeah, I do too also think it is important. I would point out that you don't have to stop at either port. It's not like these two ports control the entrance to the canal. That is the Canal Authority that does control that. However, I think it's of concern. I would also point out that the Panamanian government thinks it's of concern too, because they're conducting their own audit of those particular deals, but we remain very interested as well. 56:25 Sen. Ted Cruz (R-TX): Would the facts discussed here be considered violations of the neutrality treaty in force right now between the United States and Panama? Eugene Kontorovich: So I think Senator, I think potentially they could, but it's impossible to say definitively without knowing more, in particular, about the degree of Chinese control and involvement in these companies. I think it's important to note that these port operation companies that operate the ports on both sides, when they received their first contract, it was just a few months before Hong Kong was handed over to China. In other words, they received them as British companies, sort of very oddly, just a few months before the handover. Now, of course, since then, Hong Kong has been incorporated into China, has been placed under a special national security regime, and the independence of those companies has been greatly abridged, to say nothing of state owned companies involved elsewhere in in the canal area, which raised significantly greater questions. Additionally, I should point out that the understandings between President Carter and Panamanian leader Herrera, which were attached to the treaty and form part of the treaty, provide that the United States can, quote, "defend the canal against any threat to the regime of neutrality," and I understand that as providing some degree of preemptive authority to intervene. One need not wait until the canal is actually closed by some act of sabotage or aggression, which, as we heard from the testimony, would be devastating to the United States, but there is some incipient ability to address potential violations. 58:10 Sen. Ted Cruz (R-TX): If the United States determines that Panama is in violation of the treaty, what is the range of remedies the United States would have for that treaty violation? Eugene Kontorovich: So I think it may be shocking to people to hear today, but when one goes over the ratification history and the debates and discussions in this body over this treaty, it was clear that the treaty was understood as giving both sides, separately, the right to resort to use armed force to enforce the provisions of the treaty. And it's not so surprising when one understands that the United States made an extraordinary concession to Panama by transferring this canal, which the United States built at great expense and maintained and operated to Panama, gratis. And in exchange, it received a kind of limitation, a permanent limitation on Panamanians sovereignty, that Panama agreed that the United States could enforce this regime of neutrality by force. Now, of course, armed force should never be the first recourse for any kind of international dispute and should not be arrived at sort of rationally or before negotiations and other kinds of good offices are exhausted, but it's quite clear that the treaty contemplates that as a remedy for violations. 1:03:20 Louis Sola: I believe that the security of the canal has always been understood to be provided by the United States. Panama does not have a military, and I always believed that there's been a close relationship with Southern Command that we would provide that. And it would be nice to see if we had a formalization of that in one way or another, because I don't believe that it's in the treaty at all. 1:05:05 Daniel Maffei: While we were down there, both of us heard, I think, several times, that the Panamanians would, the ones we talked to anyway, would welcome US companies coming in and doing a lot of this work. Frankly, their bids are not competitive with the Chinese bids. Frankly, they're not that existent because US companies can make more money doing things other places, but even if they were existent, it is difficult to put competitive bids when the Chinese bids are so heavily subsidized by China. 1:06:10 Sen. Ted Cruz (R-TX): What would China's incentive be to heavily subsidize those bids to undercut American companies and other companies? Daniel Maffei: Yeah, it's not a real short answer, but Senator, China's made no secret of its ambitious policies to gain influence of ports throughout the globe. It's invested in 129 ports in dozens of countries. It runs a majority of 17 ports, that does not include this Hong Kong company, right? So that's just directly Chinese-owned ports. So it has been a part of their Belt and Road strategy, whatever you want to call it, the Maritime Silk Road, for decades. So they believe that this influence, this investment in owning maritime ports is important to their economy. 1:07:05 Sen. Deb Fischer (R-NE): In 2021, Hutchison was awarded those two ports, Port Balboa and Port Cristobal, in a no-bid award process. Can you tell me, does the United States have any authority or recourse with the Panama Canal Authority under our current agreement with Panama to rebid those terminal concession contracts. And perhaps Mr. Kantorovich, that's more in your purview? Louis Sola: Senator, both of those ports were redone for 25 years, until 2047, I believe. And they have to pay $7 million is what the ongoing rate is for the Port of Houston- and the Port of Miami-sized concessions. Sen. Deb Fischer (R-NE): And it can't be rebid until after that date? Louis Sola: Well, I believe that that's what the comptroller's office is auditing both of those ports and that contract. That was done under the previous Panamanian administration. A new administration came in, and they called for an audit of that contract immediately. 1:20:10 Sen. Dan Sullivan (R-AK): Are the companies now controlling both sides of the Panama Canal, the Chinese companies, subject to the PRC national security laws that mandate cooperation with the military, with state intelligence agencies. Does anyone know that? Eugene Kontorovich: They're subject all the time. They're subject to those laws all the time by virtue of being Hong Kong companies. And you know, they face, of course, consequences for not complying with the wishes of the Chinese government. One of the arguments -- Sen. Dan Sullivan (R-AK): Wouldn't that be a violation of the treaty? And isn't that a huge risk to us right now that the Chinese -- Eugene Kontorovich: That is a threat to the neutrality -- Sen. Dan Sullivan (R-AK): If they invaded Taiwan, invaded the Philippines, they could go to these two companies saying, Hey, shut it down, make it hard, sink a ship in the canal. And wouldn't they be obligated to do that under Chinese law if they were ordered to by the PLA or the CCP? Eugene Kontorovich: I don't know if they'd be obligated, but certainly the People's Republic of China would have many tools of leverage and pressure on these companies. That's why the treaty specifically says that we can act not just to end actual obstructions to the canal. We don't have to wait until the canal is closed by hostile military action. Thatwould be a suicide pact, that would be catastrophic for us, but rather that we can respond at the inchoate, incipient level to threats, and then this is up to the president to determine whether this is significantly robust to constitute -- Sen. Dan Sullivan (R-AK): So aren't we kind of walking up to the idea of a suicide pact, because we've got two big Chinese companies on both ends of the Panama Canal, who, if there's a war in INDOPACOM, Taiwan that involves us and China, these companies would be obligated to do the bidding of the Chinese Communist Party and PLA? I mean, are we kind of walking up to a very significant national security threat already? Eugene Kontorovich: Yeah, certainly, there's a threat. And I think what makes the action of the Chinese government so difficult to respond to, but important to respond to, is that they conceal this in sort of levels of gray without direct control. Sen. Dan Sullivan (R-AK): Let me ask you on that topic, as my last question, Professor, let's assume that we find out. And again, it wouldn't be surprising. I think you can almost assume it that these two companies have Chinese spies or military officials within the ranks of the employees of the companies. Let's assume we found that out, somehow that becomes public. But I don't think it's a big assumption. It's probably true right now. So you have spies and military personnel within the ranks of these two companies that are controlling both ends of the Panama Canal for you, Professor, and Chairman Sola, wouldn't that be a blatant violation of Article Five of the neutrality treaty, if that were true, which probably is true? Eugene Kontorovich: Yeah, I do think it would be a clear violation. As former Secretary of State, Dean Ross said at the ratification hearings, informal forces can violate Article Five as well as formal forces. Sen. Dan Sullivan (R-AK): Is there any evidence of Chinese spies or other nefarious Chinese actors embedded in these companies? Louis Sola: Senator, we have no information of that. That's not under the purview of -- Sen. Dan Sullivan (R-AK): But you agree that would be a violation of Article Five of the neutrality treaty? Louis Sola: I do. 1:26:25 Daniel Maffei: Senator Sullivan was talking about Hutchison Ports. That's actually the same company that runs terminals on both ends of the canal. I am concerned about that. However, if we want to be concerned about that, all of us should lose a lot more sleep than we're losing because if there are spies there, then there might be spies at other Hutchinson ports, and there are other Hutchinson ports in almost every part of the world. They own the largest container port in the United Kingdom, Felix Dow, which is responsible for nearly half of Britain's container trade. They control major maritime terminals in Argentina, Australia, the Bahamas, Germany, Indonesia, Mexico, Myanmar, the Netherlands, South Korea and Tanzania. If owning and managing adjacent ports means that China somehow has operational control or strategic control over the Panama Canal, they also have it over the Suez, the Singapore Straits, the Mediterranean Sea and the English Channel. 1:35:45 Louis Sola: The fees that I think we are looking at, or have been looked at, the reason that we went there was because of the auctioning of the slots. And so what Panama did is they had a smaller percentage, maybe 20% allocation, and then they moved it up to 30% and 40% because it became a money maker for them. So as they were doing -- Sen. Marsha Blackburn (R-TN): Okay, let me interject here. The auctioning of the slots gives these the right to skip the queue? Louis Sola: Yes, ma'am. Sen. Marsha Blackburn (R-TN): Okay, so just for the record there. Continue. Louis Sola: So the auctioning of the slots. Under maritime law, it's first come first serve, but Panama has always put a certain percentage aside, and they started to put more and more. So we got a lot of complaints. We got a lot of complaints from LNG carriers that paid $4 million to go through, and we got a lot of complaints from agriculture that didn't have the money to pay to go through, because their goods were gonna go down. So if you look at the financial statements -- I'm a nerd, I look at financial statements of everybody -- the canal increased the amount of revenue that they had from about $500 million to $1.8 billion in the last three years just because of those fees. So this is what is very concerning to us. 1:39:20 Sen. Amy Klobuchar (D-MN): Do you know of any instances where the United States has been singled out or treated unfairly under the neutrality treaty in the operation of the canal? Daniel Maffei: I do not. I would add that one of the reasons why saying the US is disproportionately affected by raises in Canal fees and other kinds of fees at the canal is because the United States disproportionately utilizes the canal. 1:44:55 Louis Sola: We have a US port there, SSA, out of Washington State that I actually worked on the development of that many years ago, and helped develop that. That used to be a United States Navy submarine base, and we converted that. As far as the two ports that we have, they're completely different. One is a major infrastructure footprint, and also a container port that's moving 4 million containers a year. That's really phenomenal amount. That's more than Miami, Fort Lauderdale, and you've probably got to get Tampa and a little bit of Jacksonville in there to get that type of volume. And on the other side, we have a very small port, but it's a very strategic port on the Atlantic. So how are the operations done?I don't know how they don't make money. I mean, if you want to come right down to it, if they've been operating the port for 20 years, and they say that they haven't made any money, so they haven't been able to pay the government. That's what concerns me is I don't believe that we're on a level playing field with the American ports. 1:58:50 Eugene Kontorovich: I think the charges and fees are less of an issue because they don't discriminate across countries. We pay more because we use more, but it's not nationally discriminatory. 1:59:00 Eugene Kontorovich: The presence of Chinese companies, especially Chinese state companies, but not limited to them, do raise serious issues and concerns for the neutrality of the treaty. And I should point out, in relation to some of the earlier questioning, the canal, for purposes of the neutrality treaty, is not limited just to the actual locks of the canal and the transit of ships through the canal. According to Annex One, paragraph one of the treaty, it includes also the entrances of the canal and the territorial sea of Panama adjacent to it. So all of the activities we're talking about are within the neutrality regime, the geographic scope of the neutrality regime in the treaty. 2:00:30 Daniel Maffei: I actually have to admit, I'm a little confused as to why some of the senators asking these questions, Senator Blackburn, aren't more concerned about the biggest port in the United Kingdom being run by the Chinese. Petraeus in the port nearest Athens, one of the biggest ports in the Mediterranean, is not just run by a Chinese-linked company, it's run directly by a Chinese-owned company, and I was there. So you're on to something, but if you're just focusing on Panama, that's only part. 2:01:45 Louis Sola: About a year ago, when we were having this drought issue, there was also a lot of focus on Iran and how they were funding Hamas and the Houthis because they were attacking the Red Sea. What the United States has found is that Iranian vessels are sometimes flagged by Panama in order to avoid sanctions, so that they could sell the fuel that they have, and then they can take that money and then they can use it as they wish. Panama, at the time, had a very complicated process to de-flag the vessels. There was an investigation, there was an appeals process. By the time that OFAC or Treasury would go ahead and identify one of those vessels, by the time that they were doing the appeals and stuff like this, they've already changed flags to somewhere else. So when we went to Panama, we met with the Panamanian president, and I must say that we were very impressed, because he was 30 minutes late, but he was breaking relations with Venezuela at the time because the election was the day before. We explained to him the situation. The very next day, we met with the maritime minister, with US embassy personnel and Panama actually adjusted their appeals process so to make it more expedient, so if the United States or OFAC would come and say that this Iranian vessel is avoiding sanctions, now we have a process in place to go ahead and do that, and 53 vessels were de-flagged because of that. 2:06:05 Sen. John Curtis (R-UT): Is there any reason that China can't watch or do whatever they want from this bridge to get the intel from these containers? And does that concern anybody? Louis Sola: Well, it definitely concerns Southern Command, because they've brought it up on numerous occasions that there could be some sort of surveillance or something like that on the bridges. 2:20:30 Sen. Tim Sheehy (R-MT): We segregate ourselves artificially in a way that they do not. We segregate ourselves. Let's talk about military. Let's talk about intelligence. Let's talk about economics. They don't. China doesn't work that way. It's a whole of government approach. They don't draw a delineation between an economics discussion and a military one. And their attack may not look like Pearl Harbor. It may look like an everyday ship that decides, you know, it pulls into the locks and blows itself up. And now the locks are non-functional for our usage, and we can't support an inter ocean fleet transfer, and our ability to defend it, as you referred to Chairman, is now inhibited by the fact that we no longer have the military infrastructure around the canal that we did just as recently as 1999. 2:21:10 Sen. Tim Sheehy (R-MT): So from a commercial perspective, do the shipping companies have concerns over the security of the narrow waterways? We've the Strait to Malacca, we've got the Suez Canal, we've got Gibraltar, we've got Panama. Is that a concern that's thrown around in the boardrooms of the largest shipping corporations in the world? Joseph Kramek: Senator, I think it's something they think about every day. I mean, really, it's drawn into sharp relief with the Red Sea. It was what I call a pink flamingo. There's black swans that just come up and there's pink flamingos that you can see, but you don't act. But no one really thought a whole lot that one of the most important waterways in the world could be denied, and moreover, that it could be denied for such a sustained period. The good news is that -- Sen. Tim Sheehy (R-MT): And denied, I might add, by a disaffected non-state actor of Bedouins running around with rocket launchers, who also managed to beat us in a 20 year war in Afghanistan. My point to saying all this is we're just debating operational control of the canal, yet it seems very clear to all of us that a very simple act can debilitate the canal and eliminate our ability to use it in a matter of minutes with no warning, and we have no ability to intervene or stop that. To me, that means we do not have operational control of the canal. 2:30:40 Daniel Maffei: I will say that certainly we need to look at other kinds of ways to get US companies in positions where they can truly compete with the Chinese on some of these things. Blaming it all on Panama really misses the point. I've seen the same thing in Greece, where Greece didn't want to give the concession of its largest port to a Chinese company, but because of its financial difficulties, it was getting pressure from international organizations such the IMF, Europe and even maybe some of the United States to do so. So I just ask you to look at that. 2:31:20 Daniel Maffei: Panamanians are making far more on their canal than they ever have before. That's not necessarily a bad thing, as long as it's going to the right place. But where they're really making the money is on these auctions, and that is why it remains a concern of mine and I'm sure the chairman's. That is where we are looking at, potentially, using our authority under Section 19 of the Merchant Marine Act where we could, if we can show that it is a problem with the foreign trade of the US, it's interfering with foreign trade of the US, there are certain things that we can do. Senate Foreign Relations Committee January 15, 2024 Clips 4:01:40 Marco Rubio: The thing with Panama on the canal is not new. I visited there. It was 2016. I think I've consistently seen people express concern about it, and it's encapsulized here in quote after quote. Let me tell you the former US ambassador who served under President Obama said: "the Chinese see in Panama what we saw in Panama throughout the 20th century, a maritime and aviation logistics hub." The immediate past head of Southern Command, General Laura Richardson, said, "I was just in Panama about a month ago and flying along the Panama Canal and looking at the state owned enterprises from the People's Republic of China on each side of the Panama Canal. They look like civilian companies or state owned enterprises that could be used for dual use and could be quickly changed over to a military capability." We see questions that were asked by the ranking member in the house China Select Committee, where he asked a witness and they agreed that in a time of conflict, China could use its presence on both ends of the canal as a choke point against the United States in a conflict situation. So the concerns about Panama have been expressed by people on both sides of the aisle for at least the entire time that I've been in the United States Senate, and they've only accelerated further. And this is a very legitimate issue that we face there. I'm not prepared to answer this question because I haven't looked at the legal research behind it yet, but I'm compelled to suspect that an argument could be made that the terms under which that canal were turned over have been violated. Because while technically, sovereignty over the canal has not been turned over to a foreign power, in reality, a foreign power today possesses, through their companies, which we know are not independent, the ability to turn the canal into a choke point in a moment of conflict. And that is a direct threat to the national interest and security the United States, and is particularly galling given the fact that we paid for it and that 5,000 Americans died making it. That said, Panama is a great partner on a lot of other issues, and I hope we can resolve this issue of the canal and of its security, and also continue to work with them cooperatively on a host of issues we share in common, including what to do with migration. 4:38:35 Sen. Mike Lee (R-UT): Now, President Trump has recently talked a little bit about the fact that there are some questions arising about the status of the Panama Canal. When we look to the treaty at issue, the treaty concerning the permanent neutrality and operation of the Panama Canal, we're reminded that some things maybe aren't quite as they should be there right now. Given that the Chinese now control major ports at the entry and the exit to the canal, it seems appropriate to say that there's at least an open question. There's some doubt as to whether the canal remains neutral. Would you agree with that assessment? Marco Rubio: Yes. Here's the challenge. Number one, I want to be clear about something. The Panamanian government, particularly its current office holders, are very friendly to the United States and very cooperative, and we want that to continue, and I want to bifurcate that from the broader issue of the canal. Now I am not, President Trump is not inventing this. This is something that's existed now for at least a decade. In my service here, I took a trip to Panama in 2017. When on that trip to Panama in 2017 it was the central issue we discussed about the canal, and that is that Chinese companies control port facilities at both ends of the canal, the east and the west, and the concerns among military officials and security officials, including in Panama, at that point, that that could one day be used as a choke point to impede commerce in a moment of conflict. Going back to that I -- earlier before you got here, and I don't want to have to dig through this folder to find it again, but -- basically cited how the immediate past head of Southern Command, just retired general Richardson, said she flew over the canal, looked down and saw those Chinese port facilities, and said Those look like dual use facilities that in a moment of conflict, could be weaponized against us. The bipartisan China commission over in the House last year, had testimony and hearings on this issue, and members of both parties expressed concern. The former ambassador to Panama under President Obama has expressed those concerns. This is a legitimate issue that needs to be confronted. The second point is the one you touched upon, and that is, look, could an argument be made, and I'm not prepared to answer it yet, because it's something we're going to have to study very carefully. But I think I have an inkling of I know where this is going to head. Can an argument be made that the Chinese basically have effective control of the canal anytime they want? Because if they order a Chinese company that controls the ports to shut it down or impede our transit, they will have to do so. There are no independent Chinese companies. They all exist because they've been identified as national champions. They're supported by the Chinese government. And if you don't do what they want, they find a new CEO, and you end up being replaced and removed. So they're under the complete control of their government. This is a legitimate question, and one that Senators Risch had some insight as well. He mentioned that in passing that needs to be looked at. This is not a joke. The Panama Canal issue is a very serious one. 4:44:30 Marco Rubio: In 2016 and 2017 that was well understood that part of the investments they made in Panama were conditioned upon Panama's ability to convince the Dominican Republic and other countries to flip their recognition away from Taiwan. That happened. Jen Briney’s Recent Guest Appearances Travis Makes Money: Give and Take: Music by Editing Production Assistance

The Laken Riley Act is a new law that legalizes the indefinite imprisonment and deportation of possibly innocent legal immigrants. In this episode, we examine the law to see how it legalizes such injustices and we look at the profit motive behind expanding our prison population. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media!

67 people died this week in a mid-air collision between a military helicopter and a passenger plane in Washington DC. The investigation into this crash is still in its infancy but Congress was warned just a few weeks ago that there are many dangers lurking in our air traffic system, dangers that Congress recently made worse at Reagan Washington National Airport, where the crash took place. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Contact Your Members of Congress: (202) 224-312

President Donald Trump is back in power despite his illegal attempt to remain President after losing the 2020 election. In this episode, hear expert testimony about the Supreme Court decision that stemmed from the now-defunct Federal prosecution of Donald Trump which granted the President legal immunity for many actions. What does it mean going forward? What can and can’t he do? Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media!

The 118th Congress came to an unexpectedly — though not necessarily surprisingly — chaotic end. In this episode, hear about all the drama that averted a government shutdown, learn what became law, and examine what could have become law if it weren’t for Elon Musk. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media!

U.S. military whistleblowers have told Congress about secret programs related to non-human piloted aircraft and submersibles. In this episode, listen to testimony from additional whistleblowers who add more information to what we have already learned, listen to the response from the person at the Defense Department in charge of investigating these claims, and learn about a secret program called Immaculate Constellation, which allegedly has a hidden treasure trove of evidence that we are not alone. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media!

Immediately after we published the Freaky Food episode, the Commissioner of the Food and Drug Administration testified to the Senate and provided valuable insights into why our food supply is concerning for all the reasons exposed in episode 305. In this episode, listen to testimony from two hearings with FDA officials as we finish this series looking into the hidden dangers inside our food. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media!

There are dangers lurking in our food that affect your health and the health of our entire society, and you should know about them. In this episode, get the highlights from two recent Congressional events featuring expert testimony about the regulation of our food supply, as well as testimony from the man who is soon likely to be the most powerful person in our national health care system. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Joe Rogan Episodes The Joe Rogan Experience. The Joe Rogan Experience. The Joe Rogan Experience. The Joe Rogan Experience. Ron Johnson Scott Bauer. January 3, 2023. AP News. Robert F. Kennedy, Jr. Daniel Cusick. October 28, 2024. Politico. Rachel Treisman. August 5, 2024. NPR. Susanne Craig. May 8, 2024. The New York Times. Department of Health and Human Services U.S. Department of Health and Human Services. FDA “Generally Recognized as Safe” Approach Paulette M. Gaynor et al. April 2006. U.S. Food and Drug Administration. Paulette Gaynor and Sebastian Cianci. December 2005/January 2006. U.S. Food and Drug Administration. Glyphosate September 20, 2023. Phys.org. Lobbying and Conflicts of Interest OpenSecrets. OpenSecrets. OpenSecrets. LinkedIn. Shift from Democrats to Republicans Will Stone and Allison Aubrey. November 15, 2024. NPR. Helena Bottemiller Evich and Darren Samuelsohn. March 17, 2016. Politico. Audio Sources September 25, 2024 Roundtable discussion held by Senator Ron Johnson Participants: , Author, Good Energy; Tech entrepreneur, Levels , Co-founder, Truemed; Advocate, End Chronic Disease , aka the Food Babe, food activist Jillian Michaels, fitness expert, nutritionist, businesswoman, media personality, and author Dr. Chris Palmer, Founder and Director, Metabolic and Mental Health Program and Director, Department of Postgraduate and Continuing Education, McLean Hospital; Assistant Professor of Psychiatry, Harvard Medical School Brigham Buhler, Founder & CEO, Ways2Well Courtney Swan, nutritionist, real food activist, and founder of the popular platform "Realfoodology" , Founder and CEO, HumanCo; co-founder, Hu Kitchen Dr. Marty Makary, Chief of Islet Transplant Surgery, Professor of Surgery, and Public Policy Researcher, Johns Hopkins University Clips Robert F. Kennedy, Jr: When discussing improvements to US healthcare policy, politicians from both parties often say we have the best healthcare system in the world. That is a lie. Robert F. Kennedy, Jr: Every major pillar of the US healthcare system, as a statement of economic fact, makes money when Americans get sick. By far the most valuable asset in this country today is a sick child. The pharma industry, hospital industry, and medical school industry make more money when there are more interventions to perform on Americans, and by requiring insurance companies to take no more than 15% of premiums, Obamacare actually incentivized insurance companies to raise premiums to get 15% of a larger pie. This is why premiums have increased 100% since the passage of Obamacare, making health care the largest driver of inflation, while American life expectancy plummets. We spend four times per capita on health care than the Italians, but Italians live 7.5 years longer than us on average. And incidentally, Americans had the highest life expectancies in the world when I was growing up. Today, we've fallen an average of six years behind our European neighbors. Are we lazier and more suicidal than Italians? Or is there a problem with our system? Are there problems with our incentives? Are there problems with our food? 46:15 Robert F. Kennedy, Jr: So what's causing all of this suffering? I'll name two culprits, first and worst is ultra processed foods. 47:20 Robert F. Kennedy, Jr: The second culprit is toxic chemicals in our food, our medicine and our environment. Robert F. Kennedy, Jr: The good news is that we can change all this, and we can change it very, very, very quickly, and it starts with taking a sledgehammer to corruption, the conflicts in our regulatory agencies and in this building. These conflicts have transformed our regulatory agencies into predators against the American people and particularly our children. 80% of NIH grants go to people who have conflicts of interest, and these scientists are allowed to collect royalties of $150,000 a year on the products that they develop at NIH and then farm out to the pharmaceutical industry. The FDA, the USDA and CDC are all controlled by giant for-profit corporations. Their function is no longer to improve and protect the health of Americans. Their function is to advance the mercantile and commercial interests of the pharmaceutical industry that has transformed them and the food industry that has transformed them into sock puppets for the industry they're supposed to regulate. 75% of FDA funding does not come from taxpayers. It comes from pharma. And pharma executives and consultants and lobbyists cycle in and out of these agencies. Robert F. Kennedy, Jr: Money from the healthcare industry has compromised our regulatory agencies and this body as well. The reality is that many congressional healthcare staffers are worried about impressing their future bosses at pharmaceutical companies rather than doing the right thing for American children. Today, over 100 members of Congress support a bill to fund Ozempic with Medicare at $1,500 a month. Most of these members have taken money from the manufacturer of that product, a European company called Novo Nordisk. As everyone knows, once a drug is approved for Medicare, it goes to Medicaid, and there is a push to recommend Ozempic for Americans as young as six, over a condition, obesity, that is completely preventable and barely even existed 100 years ago. Since 74% of Americans are obese, the cost of all of them, if they take their Ozempic prescriptions, will be $3 trillion a year. This is a drug that has made Novo Nordisk the biggest company in Europe. It's a Danish company, but the Danish government does not recommend it. It recommends a change in diet to treat obesity and exercise. Virtually Novo Nordisk's entire value is based upon its projections of what Ozempic is going to sell to Americans. For half the price of Ozempic, we could purchase regeneratively raised organic agriculture, organic food for every American, three meals a day and a gym membership for every obese American. Why are members of Congress doing the bidding of this Danish company instead of standing up for American farmers and children? Robert F. Kennedy, Jr: For 19 years, solving the childhood chronic disease crisis has been the central goal of my life, and for 19 years, I have prayed to God every morning to put me in a position to end this calamity. I believe we have the opportunity for transformational, bipartisan change to transform American health, to hyper-charge our human capital, to improve our budget, and I believe, to save our spirits and our country. 1:23:10 Sen. Ron Johnson (R-WI): Our next presenter, Dr. Marty Makary also bears a few scars from telling the truth during COVID. Dr. Makary is a surgeon and public policy researcher at Johns Hopkins University. He writes for The Washington Post and The Wall Street Journal, and is the author of two New York Times best selling books, Unaccountable and The Price We Pay. He's been an outspoken opponent of broad vaccine mandates and some COVID restrictions at schools. Dr. Makary holds degrees from Bucknell University, Thomas Jefferson University and Harvard University. Dr. Marty Makary: I'm trained in gastrointestinal surgery. My group at Johns Hopkins does more pancreatic cancer surgery than any hospital in the United States. But at no point in the last 20 years has anyone stopped to ask, why has pancreatic cancer doubled over those 20 years? Who's working on that? Who's looking into it? We are so busy in our health care system, billing and coding and paying each other, and every stakeholder has their gigantic lobby in Washington, DC, and everybody's making a lot of money, except for one stakeholder, the American citizen. They are financing this giant, expensive health care system through their paycheck deduction for health insurance and the Medicare excise tax as we go down this path, billing and coding and medicating. And can we be real for a second? We have poisoned our food supply, engineered highly addictive chemicals that we put into our food, we spray it with pesticides that kill pests. What do you think they do to our gut lining and our microbiome? And then they come in sick. The GI tract is reacting. It's not an acute inflammatory storm, it's a low grade chronic inflammation, and it makes people feel sick, and that inflammation permeates and drives so many of our chronic diseases that we didn't see half a century ago. Who's working on who's looking into this, who's talking about it? Our health care system is playing whack a mole on the back end, and we are not talking about the root causes of our chronic disease epidemic. We can't see the forest from the trees. Sometimes we're so busy in these short visits, billing and coding. We've done a terrible thing to doctors. We've told them, put your head down. Focus on billing and coding. We're going to measure you by your throughput and good job. You did a nice job. We have all these numbers to show for it. Well, the country is getting sicker. We cannot keep going down this path. We have the most over-medicated, sickest population in the world, and no one is talking about the root causes. Dr. Marty Makary: Somebody has got to speak up. Maybe we need to talk about school lunch programs, not just putting every kid on obesity drugs like Ozempic. Maybe we need to talk about treating diabetes with cooking classes, not just throwing insulin at everybody. Maybe we need to talk about environmental exposures that cause cancer, not just the chemo to treat it. We've got to talk about food as medicine. Sen. Ron Johnson (R-WI): So, Dr Makary, I've got a couple questions. First of all, how many years have you been practicing medicine? Dr. Marty Makary: 22 years. Sen. Ron Johnson (R-WI): So we've noticed a shift from decades ago when 80% of doctors are independent to now 80% are working for some hospital association. First of all, what has that meant in terms of doctors' independence and who they are really accountable too? Dr. Marty Makary: The move towards corporate medicine and mass consolidation that we've witnessed in our lifetime has meant more and more doctors are told to put their heads down, do your job: billing and coding short visits. We've not given doctors the time, research, or resources to deal with these chronic diseases. 1:32:45 Sen. Ron Johnson (R-WI): Dr. Casey Means is a medical doctor, New York Times Best Selling Author, tech entrepreneur at Levels, an aspiring regenerative gardener and an outdoor enthusiast. While training as a surgeon, she saw how broken and exploitative the health care system is, and led to focus on how to keep people out of the operating room. And again, I would highly recommend everybody read Good Energy. It's a personal story, and you'll be glad you did. Dr. Casey Means: Over the last 50 years in the United States, we have seen rapidly rising rates of chronic illnesses throughout the entire body. The body and the brain, infertility, obesity, type 2 diabetes and pre-diabetes, Alzheimer's, dementia, cancer, heart disease, stroke, autoimmune disease, migraines, mental illness, chronic pain, fatigue, congenital abnormalities, chronic liver disease, autism, and infant and maternal mortality all going up. Americans live eight fewer years compared to people in Japan or Switzerland, and life expectancy is going down. I took an oath to do no harm, but listen to these stats. We're not only doing harm, we're flagrantly allowing harm. While it sounds grim, there is very good news. We know why all of these diseases are going up, and we know how to fix it. Every disease I mentioned is caused by or worsened by metabolic dysfunction, a word that it is thrilling to hear being used around this table. Metabolic dysfunction is a fundamental distortion of our cellular biology. It stops our cells from making energy appropriately. According to the American College of Cardiology, metabolic dysfunction now affects 93.2% of American adults. This is quite literally the cellular draining of our life force. This process is the result of three processes happening inside our cells, mitochondrial dysfunction, a process called oxidative stress, which is like a wildfire inside our cells, and chronic inflammation throughout the body and the gut, as we've heard about. Metabolic dysfunction is largely not a genetic issue. It's caused by toxic American ultra processed industrial food, toxic American chemicals, toxic American medications, and our toxic sedentary, indoor lifestyles. You would think that the American healthcare system and our government agencies would be clamoring to fix metabolic health and reduce American suffering and costs, but they're not. They are deafeningly silent about metabolic dysfunction and its known causes. It's not an overstatement to say that I learned virtually nothing at Stanford Medical School about the tens of thousands of scientific papers that elucidate these root causes of why American health is plummeting and how environmental factors are causing it. For instance, in medical school, I did not learn that for each additional serving of ultra processed food we eat, early mortality increases by 18%. This now makes up 67% of the foods our kids are eating. I took zero nutrition courses in medical school. I didn't learn that 82% of independently funded studies show harm from processed food, while 93% of industry sponsored studies reflect no harm. In medical school, I didn't learn that 95% of the people who created the recent USDA Food guidelines for America had significant conflicts of interest with the food industry. I did not learn that 1 billion pounds of synthetic pesticides are being sprayed on our food every single year. 99.99% of the farmland in the United States is sprayed with synthetic pesticides, many from China and Germany. And these invisible, tasteless chemicals are strongly linked to autism, ADHD, sex hormone disruption, thyroid disease, sperm dysfunction, Alzheimer's, dementia, birth defects, cancer, obesity, liver dysfunction, female infertility and more, all by hurting our metabolic health. I did not learn that the 8 billion tons of plastic that have been produced just in the last 100 years, plastic was only invented about 100 years ago, are being broken down into micro plastics that are now filling our food, our water, and we are now even inhaling them in our air. And that very recent research from just the past couple of months tells us that now about 0.5% of our brains by weight are now plastic. I didn't learn that there are more than 80,000 toxins that have entered our food, water, air and homes by industry, many of which are banned in Europe, and they are known to alter our gene expression, alter our microbiome composition and the lining of our gut, and disrupt our hormones. I didn't learn that heavy metals like aluminum and lead are present in our food, our baby formula, personal care products, our soil and many of the mandated medications, like vaccines and that these metals are neurotoxic and inflammatory. I didn't learn that the average American walks a paltry 3500 steps per day, even though we know based on science and top journals that walking, simply walking 7000 steps a day, slashes by 40-60% our risk of Alzheimer's, dementia, type two diabetes, cancer and obesity. I certainly did not learn that medical error and medications are the third leading cause of death in the United States. I didn't learn that just five nights of sleep deprivation can induce full blown pre-diabetes. I learned nothing about sleep, and we're getting about 20% less sleep on average than we were 100 years ago. I didn't learn that American children are getting less time outdoors now than a maximum security prisoner. And on average, adults spend 93% of their time indoors, even though we know from the science that separation from sunlight destroys our circadian biology, and circadian biology dictates our cellular biology. I didn't learn that professional organizations that we get our practice guidelines from, like the American Diabetes Association and American Academy of Pediatrics, have taken 10s of millions of dollars from Coke, Cadbury, processed food companies, and vaccine manufacturers like Moderna. I didn't learn that if we address these root causes that all lead to metabolic dysfunction and help patients change their food and lifestyle patterns with a united strong voice, we could reverse the chronic disease crisis in America, save millions of lives, and trillions of dollars in health care costs per year. Instead, doctors are learning that the body is 100 separate parts, and we learn how to drug, we learn how to cut and we learn how to bill. I'll close by saying that what we are dealing with here is so much more than a physical health crisis. This is a spiritual crisis we are choosing death over life. We are we are choosing death over life. We are choosing darkness over light for people and the planet, which are inextricably linked. We are choosing to erroneously believe that we are separate from nature and that we can continue to poison nature and then outsmart it. Our path out will be a renewed respect for the miracle of life and a renewed respect for nature. We can restore health to Americans rapidly with smart policy and courageous leadership. We need a return to courage. We need a return to common sense and intuition. We need a return to awe for the sheer miraculousness of our lives. We need all hands on deck. Thank you. Sen. Ron Johnson (R-WI): I'm not letting you off that easy. I've got a couple questions. So you outlined some basic facts that doctors should know that truthfully, you could cover in one hour of an introductory class in medical school, yes. So why aren't we teaching doctors these things? Dr. Casey Means: The easy thing to say would be, you know, follow the money. That sounds sort of trite, but frankly, I think that is the truth, but not in the way you might think that, like doctors are out to make money, or even medical schools. The money and the core incentive problem, which is that every institution that touches our health in America, from medical schools to pharmaceutical companies to health insurance companies to hospitals offices, they make more money when we are sick and less when we are healthy. That simple, one incentive problem corrodes every aspect of the way medicine is thought about. The way we think about the body, we talked about interconnectedness. It creates a system in which we silo the body into all these separate parts and create that illusion that we all buy into because it's profitable to send people to separate specialties. So it corrodes even the foundational conception of how we think about the body. So it is about incentives and money, but I would say that's the invisible hand. It's not necessarily affecting each doctor's clinical practice or the decision making. It's corroding every lever of the basics of how we even consider what the human body is and what life is. Sen. Ron Johnson (R-WI): In your book, you do a really good job of describing how, because of the specialization of medicine, you don't see the forest for the trees. The fact is, you do need specialized medicine. I mean, doctors can't know it all. So I think the question is, how do we get back to the reward for general practitioners that do focus on what you're writing about? Dr. Casey Means: I have huge respect for doctors, and I am incredibly grateful for the American health care system, which has produced miracles, and we absolutely need continue to have primary care doctors and specialists, and they should be rewarded highly. However, if we focused on what everyone here is talking about, I think we'd have 90% less throughput through our health care system. We would be able to have these doctors probably have a much better life to be honest. You know, because right now, doctors are working 100 hours a week seeing 50, 60, 70 patients, and could actually have more time with patients who develop these acute issues that need to be treated by a doctor. But so many of the things in the specialist office are chronic conditions that we know are fundamentally rooted in the cellular dysfunction I describe, which is metabolic dysfunction, which is created by our lifestyle. So I think that there's always going to be a place for specialists, but so so many, so much fewer. And I think if we had a different conception for the body is interconnected, they would also interact with each other in a very different way, a much more collaborative way. And then, of course, we need to incentivize doctors in the healthcare system towards outcomes, not throughput. 1:46:25 Sen. Ron Johnson (R-WI): Our next presenter is Dr. Chris Palmer. Dr. Palmer is a Harvard trained psychiatrist, researcher and author of Brain Energy, where he explores a groundbreaking connection between metabolic health and mental illness. He is a leader in innovative approaches to treating psychiatric conditions, advocating for the use of diet and metabolic interventions to improve mental health outcomes. Dr. Palmer's work is reshaping how the medical field views and treats mental health disorders. Dr. Chris Palmer: I want to build on what Dr. Means just shared that these chronic diseases we face today. Obesity, diabetes, fatty liver, all share something in common. They are, in fact, metabolic dysfunction. I'm going to go into a little bit of the science, just to make sure we're all on the same page. Although most people think of metabolism as burning calories, it is far more than that. Metabolism is a series of chemical reactions that convert food into energy and building blocks essential for cellular health. When we have metabolic dysfunction, it can drive numerous chronic diseases, which is a paradigm shift in the medical field. Now there is no doubt metabolism is complicated. It really is. It is influenced by biological, psychological, environmental and social factors, and the medical field says this complexity is the reason we can't solve the obesity epidemic because they're still trying to understand every molecular detail of biology. But in fact, we don't need to understand biology in order to understand the cause. The cause is coming from our environment, a toxic environment like poor diet and exposure to harmful chemicals, and these are actually quite easy to study, understand, and address. There is no doubt food plays a key role. It provides the substrate for energy and building blocks. Nutritious foods support metabolism, while ultra processed options can disrupt it. It is shocking that today, in 2024, the FDA allows food manufacturers to introduce brand new chemicals into our food supply without adequate testing. The manufacturer is allowed to determine for themselves whether this substance is safe for you and your family to eat or not. Metabolism's impact goes beyond physical health. I am a psychiatrist. Some of you are probably wondering, why are you here? It also affects mental health. Because guess what? The human brain is an organ too, and when brain metabolism is impaired, it can cause symptoms that we call mental illness. It is no coincidence that as the rates of obesity and diabetes are skyrocketing, so too are the rates of mental illness. In case you didn't know, we have a mental health crisis. We have all time prevalence highs for depression, anxiety, bipolar disorder, deaths of despair, drug overdoses, ADHD and autism. What does the mental health field have to say for this? Well, you know, mental illness is just chemical imbalances, or maybe trauma and stress that is wholly insufficient to explain the epidemic that we are seeing. And in fact, there is a better way to integrate the biopsychosocial factors known to play a role in mental illness. Mental Disorders at their core are often metabolic disorders impacting the brain. It's not surprising to most people that obesity and diabetes might play a role in depression or anxiety, but the rates of autism have quadrupled in just 20 years, and the rates of ADHD have tripled over that same period of time. These are neuro developmental disorders, and many people are struggling to understand, how on earth could they rise so rapidly? But it turns out that metabolism plays a profound role in neurodevelopment, and sure enough, parents with metabolic issues like obesity and diabetes are more likely to have children with autism and ADHD. This is not about fat shaming, because what I am arguing is that the same foods and chemicals and other drivers of obesity that are causing obesity in the parents are affecting the brain health of our children. There is compelling evidence that food plays a direct role in mental health. One study of nearly 300,000 people found that those who eat ultra processed foods daily are three times more likely to struggle with their mental health than people who never or rarely consume them. A systematic review found direct associations between ultra processed food exposure and 32 different health parameters, including mental mental health conditions. Now I'm not here to say that food is the only, or even primary driver of mental illness. Let's go back to something familiar. Trauma and stress do drive mental illness, but for those of you who don't know, trauma and stress are also associated with increased rates of obesity and diabetes. Trauma and stress change human metabolism. We need to put the science together. This brings me to a key point. We cannot separate physical and mental health from metabolic health. Addressing metabolic dysfunction has the potential to prevent and treat a wide range of chronic diseases. Dr. Chris Palmer: In my own work, I have seen firsthand how using metabolic therapies like the ketogenic diet and other dietary interventions can improve even severe mental illnesses like schizophrenia and bipolar disorder, sometimes putting them into lasting remission. These reports are published in peer reviewed, prestigious medical journals. However, there is a larger issue at play that many have talked about, medical education and public health recommendations are really captured by industry and politics, and at best, they often rely on weak epidemiological data, resulting in conflicting or even harmful advice. We heard a reference to this, but in case you didn't know, a long time ago, we demonized saturated fat. And what was the consequence of demonizing saturated fat? We replaced it with "healthy vegetable shortening." That was the phrase we used, "healthy vegetable shortening." Guess what was in that healthy vegetable shortening? It was filled with trans fats, which are now recognized to be so harmful that they've been banned in the United States. Let's not repeat mistakes like this. Dr. Chris Palmer: So what's the problem? Number one, nutrition and mental health research are severely underfunded, with each of them getting less than 5% of the NIH budget. This is no accident. This is the concerted effort of lobbying by industry, food manufacturers, the healthcare industry, they do not want root causes discovered. We need to get back to funding research on the root causes of mental and metabolic disorders, including the effects of foods, chemicals, medications, environmental toxins, on the human brain and metabolism. Dr. Chris Palmer: The issue of micro plastics and nano plastics in the human body is actually, sadly, in its infancy. We have two publications out in the last couple of months demonstrating that micro plastics are, in fact, found in the human brain. And as Dr. Means said, and you recited, 0.5% of the body weight, or the brain's weight, appears to be composed of micro plastics. We need more research to better understand whether these micro plastics are, in fact, associated with harmful conditions, because microplastics are now ubiquitous. So some will argue, well, they're everywhere, and everybody's got them, and it's just a benign thing. Some will argue that the most compelling evidence against that is a study published in the New England Journal of Medicine a few months ago now, in which they were doing routine carotid endarterectomies, taking plaque out of people's carotid arteries. Just routinely doing that for clinical care, and then they analyzed those plaques for micro plastics. 58% of the people had detectable micro plastics in the plaques. So they compared this 58% group who had micro plastics to the ones who didn't, followed them for three years, just three years, and the ones who had micro plastics had four times the mortality. There is strong reason to believe, based on animal data and based on cell biology data, that microplastics are in fact, toxic to the human body, to mitochondrial function, to hormone dysregulation and all sorts of things. There are lots of reasons to believe that, but the scientists will say, we need more research. We need to better understand whether these micro plastics really are associated with higher rates of disease. I think people are terrified of the answer. People are terrified of the answer. And if you think about everything that you consume, and how much of it is not wrapped in plastic, all of those industries are going to oppose research. They are going to oppose research funding to figure this out ASAP, because that will be a monumental change to not just the food industry but our entire economy. Imagining just cleaning up the oceans and trying to get this plastic and then, more importantly, trying to figure out, how are we going to detox humans? How are we going to de-plasticize human beings? How are we going to get these things out? It is an enormous problem, but the reality is, putting our heads in the sand is not going to help. And I am really hopeful that by raising issues and letting people know about this health crisis, that maybe we will get answers quickly. Dr. Chris Palmer: Your question is, why are our health agencies not exploring these questions? It's because the health agencies are largely influenced by the industries they are supposed to be regulating and looking out for. The medical education community is largely controlled by pharmaceutical companies. One and a half billion dollars every year goes to support physician education. That's from pharmaceutical companies. One and a half billion from pharmaceutical companies. So physicians are getting educated with some influence, large influence, I would argue, by them, the health organizations. It's a political issue. The NIH, it's politics. Politicians are selecting people to be on the committees or people to oversee these organizations. Politicians rely on donations from companies and supporters to get re-elected, and the reality is this is not going to be easy to tackle. The challenge is that you'll get ethical politicians who say, I'm not going to take any of that money, and I'm going to try to do the right thing and right now, the way the system is set up, there's a good chance those politicians won't get re-elected, and instead, their opponents, who were more than happy to take millions of dollars in campaign contributions, will get re-elected, and then they will return the favor to their noble campaign donors. We are at a crossroads. We have to decide who are the constituents of the American government. Is it industry, or is it the American people? 2:09:35 Sen. Ron Johnson (R-WI): Calley Means the co-founder of Truemed, a company that enables tax free spending on food and exercise. He recently started an advocacy coalition with leading health and wellness companies called End Chronic Disease. Early in his career, he was a consultant for food and pharma companies. He is now exposing practices they used to weaponize our institutions of trust, and he's doing a great job doing interviews with his sister, Casey. Calley Means: If you think about a medical miracle, it's almost certainly a solution that was invented before 1960 for an acute condition: emergency surgical procedures to ensure a complicated childbirth wasn't a death sentence, sanitation procedures, antibiotics that insured infection was an inconvenience, not deadly, eradicating polio, regular waste management procedures that helped control outbreaks like the bubonic plague, sewage systems that replaced the cesspools and opened drains, preventing human waste from contaminating the water. The US health system is a miracle in solving acute conditions that will kill us right away. But economically, acute conditions aren't great in our modern system, because the patient is quickly cured and is no longer a customer. Start in the 1960s the medical system took the trust engendered by these acute innovations like antibiotics, which were credited with winning World War Two, and they used that trust to ask patients not to question its authority on chronic diseases, which can last a lifetime and are more profitable. But the medicalization of chronic disease in the past 50 years has been an abject failure. Today, we're in a siloed system where there's a treatment for everything. And let's just look at the stats. Heart disease has gone up as more statins are prescribed. Type 2 diabetes has gone up as more Metformin is prescribed. ADHD has gone up as more Adderall is prescribed. Depression and suicide has gone up as more SSRIs are prescribed. Pain has gone up as more opioids are prescribed. Cancer has gone up as we've spent more on cancer. And now JP Morgan literally at the conference in San Francisco, recently, they put up a graph, and they showed us more Ozempic is projected to be prescribed over the next 10 years, obesity rates are going to go up as more is prescribed. Explain that to me. There was clapping. All the bankers were clapping like seals at this graphic. Our intervention based system is by design. In the early 1900s, John D. Rockefeller using that he could use byproducts from oil production to create pharmaceuticals, heavily funded medical schools throughout the United States to teach a curriculum based on the intervention-first model of Dr. William Stewart Halsted, the founding physician of Johns Hopkins, who created the residency-based model that viewed invasive surgical procedures and medication as the highest echelon of medicine. An employee of Rockefeller's was tasked to create the Flexner Report, which outlined a vision for medical education that prioritized interventions and stigmatized nutritional and holistic remedies. Congress affirmed the Flexner Report in 1910 to establish that any credentialed medical institution in the United States had to follow the Halsted-Rockefeller intervention based model that silos disease and downplay viewing the body as an interconnected system. It later came out that Dr. Halsted's cocaine and morphine addiction fueled his day long surgical residencies and most of the medical logic underlying the Flexner Report was wrong. But that hasn't prevented the report and the Halsted-Rockefeller engine based brand of medicine from being the foundational document that Congress uses to regulate medical education today. Calley Means: Our processed food industry was created by the cigarette industry. In the 1980s, after decades of inaction, the Surgeon General and the US government finally, finally said that smoking might be harmful, and smoking rates plummeted. We listened to doctors in this country. We listened to medical leadership, and as smoking rates plummeted, cigarette companies, with their big balance sheets, strategically bought up food companies, and by 1990 the two largest food companies in the world were Philip Morris and RJ Reynolds, two cigarette companies. These cigarette companies moved two departments over from the cigarette department to the food department. They moved the scientists. Cigarette companies were the highest payers of scientists, one of the biggest employers of scientists to make the cigarettes addictive. They moved these addiction specialists, world leading addiction specialists, to the food department by the thousands. And those scientists weaponized our ultra processed food. That is the problem with ultra processed food. You have the best scientists in the world creating this food to be palatable and to be addictive. They then moved their lobbyists over. They used the same playbook, and their lobbyists co-opted the USDA and created the food pyramid. The Food Pyramid was a document created by the cigarette industry through complete corporate capture, and was an ultra processed food marketing document saying that we needed a bunch of carbs and sugar. And we listened to medical experts in this country, the American people, American parents. Many parents who had kids in the 90s thought it was a good thing to do to give their kids a bunch of ultra processed foods and carb consumption went up 20% in the American diet in the next 10 years. The Devil's bargain comes in in that this ultra processed food consumption has been one of the most profitable dynamics in American history for the health care industry. As we've all just been decimated with chronic conditions, the medical industry hasn't. Not only have they been silent on this issue, they've actually been complicit, working for the food industry. I helped funnel money from Coca Cola to the American Diabetes Association. Yeah. 2:31:40 Sen. Ron Johnson (R-WI): Next presenter will be Brigham Buhler. Brigham is the Founder and CEO of Ways2Well, a healthcare company that provides personalized preventive care through telemedicine, with a strong background in the pharmaceutical industry. Brigham is focused on making healthcare more accessible by harnessing the power of technology, delivering effective and tailored treatments. His vision for improving health outcomes has positioned him as a leader in modern patient centered healthcare solutions. Brigham Buhler: We hear people reference President Eisenhower's speech all the time about the military industrial complex, but rarely do we hear the second half of that speech. He also warned us about the rise of the scientific industrial complex. He warned us, if we allow the elite to control the scientific research, it could have dire consequences. 2:36:30 Sen. Ron Johnson (R-WI): I'm going to call an audible here as moderator, I saw that hopefully the future chairman of the Senate Finance Committee, Senator Mike Crapo from Idaho, came into the room. I asked Mike to share his story. He used to wear larger suits, let's put it that way. But he went down the path of the ketogenic diet, I believe. But Mike, why don't you tell your story? And by the way, he's somebody you want to influence. Chairman of Senate Finance Committee makes an awful lot of decisions on Medicare, Medicaid, a lot of things we talked about with Ozempic, now the lobbying group try and make that available, and how harmful, I think, most people in this room think that might be so. Senator Crapo, if you could just kind of tell us your story in terms of your diet change and what results you had. Sen. Mike Crapo (R-ID): Well, first of all, let me thank you. I didn't come here to say anything. I came here to listen, but I appreciate the opportunity to just have a second to tell you my personal story. I'll say before I do that, thank you for Ron Johnson. Senator Johnson is also a member of the Finance Committee, and it is my hope that we can get that committee, which I think has the most powerful jurisdiction, particularly over these areas, of any in the United States Congress, and so I'm hopeful we can get a focus on addressing the government's part of the role in this to get us back on a better track. 2:54:35 Sen. Ron Johnson (R-WI): Vani Hari, known as the Food Babe -- they wrote that for me, that wasn't me, that's my not my nickname -- is a food activist, author and speaker committed to improving food quality and safety. She has built a powerful platform through her blog advocating for transparency in food labeling and the removal of harmful chemicals from processed food. Her activism has spurred significant change in the food industry, encouraging consumers to make healthier, more informed choices, while prompting companies to adopt cleaner practices. Vani Hari: Our government is letting US food companies get away with serving American citizens harmful ingredients that are banned or heavily regulated in other countries. Even worse, American food companies are selling the same exact products overseas without these chemicals, but choose to continue serving us the most toxic version here. It's un-American. One set of ingredients there, and one set of ingredients here. Let me give you some examples. This is McDonald's french fries. I would like to argue that probably nobody in this room has not had a McDonald's french fry, by the way, nobody raised their hand during the staff meeting earlier today. In the US, there's 11 ingredients. In the UK, there's three, and salt is optional. An ingredient called dimethyl polysiloxane is an ingredient preserved with formaldehyde, a neurotoxin, in the US version. This is used as a foaming agent, so they don't have to replace the oil that often, making McDonald's more money here in the United States, but they don't do that across the pond. Here we go, this is Skittles. Notice the long list of ingredient differences, 10 artificial dyes in the US version and titanium dioxide. This ingredient is banned in Europe because it can cause DNA damage. Artificial dyes are made from petroleum, and products containing these dyes require a warning label in Europe that states it may cause adverse effects on activity and attention in children, and they have been linked to cancer and disruptions in the immune system. This on the screen back here, is Gatorade. In the US, they use red 40 and caramel color. In Germany, they don't, they use carrot and sweet potatoes to color their Gatorade. This is Doritos. The US version has three different three different artificial dyes and MSG, the UK version does not and let's look at cereal. General Mills is definitely playing some tricks on us. They launched a new version of Trix just recently in Australia. It has no dyes, they even advertise that, when the US version still does. This is why I became a food activist. My name is Vani Hari, and I only want one thing. I want Americans to be treated the same way as citizens in other countries by our own American companies. Vani Hari: We use over 10,000 food additives here in the United States and in Europe, there's only 400 approved. In 2013, I discovered that Kraft was producing their famous mac and cheese in other countries without artificial dyes. They used Yellow 5 and Yellow 6 here. I was so outraged by this unethical practice that I decided to do something about it. I launched a petition asking Kraft to remove artificial dyes from their products here in the United States, and after 400,000 signatures and a trip to their headquarters, Kraft finally announced they would make the change. I also discovered Subway was selling sandwiches with a chemical called azodicarbonamide in their bread in other countries. This is the same chemical they use in yoga mats and shoe rubber. You know, when you turn a yoga mat sideways and you see the evenly dispersed air bubbles? Well, they wanted to do the same thing in bread, so it would be the same exact product every time you went to a Subway. When the chemical is heated, studies show that it turns into a carcinogen. Not only is this ingredient banned in Europe and Australia, you get fined $450,000 if you get caught using it in Singapore. What's really interesting is when this chemical is heated, studies show that it turns into a carcinogen. Not only is this ingredient banned, but we were able to get Subway to remove azodicarbonamide from their bread in the United States after another successful petition. And as a bonus, there was a ripple effect in almost every bread manufacturer in America followed suit. For years, Starbucks didn't publish their ingredients for their coffee drinks. It was a mystery until I convinced a barista to show me the ingredients on the back of the bottles they were using to make menu items like their famous pumpkin spice lattes. I found out here in the United States, Starbucks was coloring their PSLs with caramel coloring level four, an ingredient made from ammonia and linked to cancer, but using beta carotene from carrots to color their drinks in the UK. After publishing an investigation and widespread media attention, Starbucks removed caramel coloring from all of their drinks in America and started publishing the ingredients for their entire menu. I want to make an important point here. Ordinary people who rallied for safer food shared this information and signed petitions. Were able to make these changes. We did this on our own. But isn't this something that the people in Washington, our elected politicians, should be doing? Vani Hari: Asking companies to remove artificial food dye would make an immediate impact. They don't need to reinvent the wheel. They already have the formulations. As I've shown you, consumption of artificial food dyes has increased by 500% in the last 50 years, and children are the biggest consumers. Yes, those children. Perfect timing. 43% of products marketed towards children in the grocery store contain artificial dyes. Food companies have found in focus groups, children will eat more of their product with an artificial dye because it's more attractive and appealing. And the worst part, American food companies know the harms of these additives because they were forced to remove them overseas due to stricter regulations and to avoid warning labels that would hurt sales. This is one of the most hypocritical policies of food companies, and somebody needs to hold them accountable. Vani Hari: When Michael Taylor was the Deputy Commissioner of the of the FDA, he said, he admitted on NPR, we don't have the resources, we don't have the capabilities to actually regulate food chemicals, because we don't have the staff. There's no one there. We are under this assumption, and I think a lot of Americans are under this assumption, that every single food additive ingredient that you buy at the grocery store has been approved by some regulatory body. It hasn't. It's been approved by the food companies themselves. There's 1000s of chemicals where the food company creates it, submits the safety data, and then the FDA rubber stamps it, because they don't have any other option. 3:09:15 Sen. Ron Johnson (R-WI): So our next presenter is Jason Karp. Jason is the founder and CEO of HumanCo, a mission driven company that invests in and builds brands focused on healthier living and sustainability. In addition to HumanCo, Jason is the co-founder of Hu Kitchen, known for creating the number one premium organic chocolate in the US. My wife will appreciate that. Prior to HumanCo, Jason spent over 21 years in the hedge fund industry, where he was the founder and CEO of an investment fund that managed over $4 billion. Jason graduated summa cum laude from the Wharton School of the University of Pennsylvania. 3:11:10 Jason Karp: I've been a professional investor for 26 years, dealing with big food companies, seeing what happens in their boardrooms, and why we now have so much ultra processed food. Jason Karp: Having studied the evolution of corporations, I believe the root cause of how we got here is an unintended consequence of the unchecked and misguided industrialization of agriculture and food. I believe there are two key drivers behind how we got here. First, America has much looser regulatory approach to approving new ingredients and chemicals than comparable developed countries. Europe, for example, uses a guilty until proven innocent standard for the approval of new chemicals, which mandates that if an ingredient might pose a potential health risk, it should be restricted or banned for up to 10 years until it is proven safe. In complete contrast, our FDA uses an innocent until proven guilty approach for new chemicals or ingredients that's known as GRAS, or Generally Recognized as Safe. This recklessly allows new chemicals into our food system until they are proven harmful. Shockingly, US food companies can use their own independent experts to bring forth a new chemical without the approval of the FDA. It is a travesty that the majority of Americans don't even know they are constantly exposed to 1000s of untested ingredients that are actually banned or regulated in other countries. To put it bluntly, for the last 50 years, we have been running the largest uncontrolled science experiment ever done on humanity without their consent. Jason Karp: And the proof is in the pudding. Our health differences compared to those countries who use stricter standards are overwhelmingly conclusive. When looking at millions of people over decades, on average, Europeans live around five years longer, have less than half our obesity rates, have significantly lower chronic disease, have markedly better mental health, and they spend as little as 1/3 on health care per person as we do in this country. While lobbyists and big food companies may say we cannot trust the standards of these other countries because it over regulates, it stifles innovation, and it bans new chemicals prematurely, I would like to point out that we trust many of these other countries enough to have nuclear weapons. These other countries have demonstrated it is indeed possible to not only have thriving companies, but also prioritize the health of its citizens with a clear do no harm approach towards anything that humans put in or on our bodies. Jason Karp: The second driver, how we got here, is all about incentives. US industrial food companies have been myopically incentivized to reward profit growth, yet bear none of the social costs of poisoning our people and our land. Since the 1960s, America has seen the greatest technology and innovation boom in history. As big food created some of the largest companies in the world, so too did their desire for scaled efficiency. Companies had noble goals of making the food safer, more shelf stable, cheaper and more accessible. However, they also figured out how to encourage more consumption by making food more artificially appealing with brighter colors and engineered taste and texture. This is the genesis of ultra processed food. Because of these misguided regulatory standards, American companies have been highly skilled at maximizing profits without bearing the societal costs. They have replaced natural ingredients with chemicals. They have commodified animals into industrial widgets, and they treat our God given planet as an inexhaustible, abusable resource. Sick Americans are learning the hard way that food and agriculture should not be scaled in the same ways as iPhones. 3:16:50 Jason Karp: They use more chemicals in the US version, because it is more profitable and because we allow them to do so. Jason Karp: Artificial food dyes are cheaper and they are brighter. And the reason that I chose to use artificial food dyes in my public activist letter is because there's basically no counter argument. Many of the things discussed today, I think there is a nuanced debate, but with artificial food dyes, they have shown all over the world that they can use colorants that come from fruit. This is the Canadian version. This is the brightness of the Canadian version, just for visibility, and this is the brightness of artificial food dyes. So of course, Kellogg and other food companies will argue children prefer this over this, just as they would prefer cocaine over sugar. That doesn't make it okay. Calley Means: Senator, can I just say one thing? As Jason and Vani were talking, it brought me back to working for the food industry. We used to pay conservative lobbyists to go to every office and say that it was the "nanny state" to regulate food. And I think that's, as a conservative myself, something that's resonated. I just cannot stress enough that, as we're hopefully learned today, the food industry has rigged our systems beyond recognition. And addressing a rigged market is not an attack on the free market. Is a necessity for a free market to take this corruption out. So I just want to say that. 3:21:00 Sen. Ron Johnson (R-WI): Our next presenter is Jillian Michaels. Ms. Michaels is a globally recognized fitness expert, entrepreneur, and best selling author. With her no nonsense approach to health, she's inspired millions through her fitness programs, books and digital platforms, best known for her role on The Biggest Loser, Michaels promotes a balanced approach to fitness and nutrition and emphasizing long term health and self improvement. Jillian Michaels: The default human condition in the 21st century is obese by design. Specific, traceable forms of what's referred to as structural violence are created by the catastrophic quartet of big farming, big food, Big Pharma, and big insurance. They systematically corrupt every institution of trust, which has led to the global spread of obesity and disease. Dysfunctional and destructive agricultural legislation like the Farm Bill, which favors high yield, genetically engineered crops like corn and soy, leading to the proliferation of empty calories, saturated with all of these toxins that we've been talking about today for three hours, it seems like we can never say enough about it, and then this glut of cheap calories provides a boon to the food industry giants. They just turn it into a bounty of ultra processed, factory-assembled foods and beverages strategically engineered to undermine your society and foster your dependence, like nicotine and cocaine, so we literally cannot eat just one. And to ensure that you don't, added measures are taken to inundate our physical surroundings. We're literally flooded with food, and we are brainwashed by ubiquitous cues to eat, whether it's the Taco Bell advertisement on the side of a bus as you drive to work with a vending machine at your kids school, there is no place we spend time that's left untouched. They're omnipresent. They commandeer the narrative, with 30 billion worth of advertising dollars, commercials marketed to kids, with mega celebrities eating McDonald's and loving it, sponsored dietitians paid to promote junk food on social media, utilizing anti-diet body positivity messaging like, "derail the shame" in relation to fast food consumption, Time Magazine brazenly issuing a defense of ultra processed foods on their cover with the title, "What if altra processed foods aren't as bad as you think?" And when people like us try to sound the alarm, they ensure that we are swiftly labeled as anti-science, fat shamers, and even racists. They launch aggressive lobbying efforts to influence you. Our politicians to shape policy, secure federal grants, tax credits, subsidy dollars, which proliferates their product and heavily pads their bottom line. They have created a perfect storm in which pharmaceuticals that cost hundreds, if not 1000s per month, like Ozempic, that are linked to stomach paralysis, pancreatitis and thyroid cancer, can actually surge. This reinforces a growing dependence on medical interventions to manage weight in a society where systemic change in food production and consumption is desperately needed and also very possible. These monster corporations have mastered the art of distorting the research, influencing the policy, buying the narrative, engineering the environment, and manipulating consumer behavior. Jillian Michaels: While I have been fortunate enough to pull many back from the edge over the course of my 30 year career, I have lost just as many, if not more, than I have saved. I have watched them slip through my fingers, mothers that orphan their children, husbands that widow their wives. I have even watched parents forced to suffer the unthinkable loss of their adult children. There are not words to express the sadness I have felt and the fury knowing that they were literally sacrificed at the altar of unchecked corporate greed. Most Americans are simply too financially strained, psychologically drained and physically addicted to break free without a systemic intervention. Attempting to combat the status quo and the powers that be is beyond swimming upstream. It is like trying to push a rampaging river that's infested with piranhas. After years of trying to turn the tide, I submit that the powers that be are simply too powerful for us to take on alone. I implore the people here that shape the policy to take a stand. The buck must stop with you, while the American people tend to the business of raising children and participating in the workforce to ensure that the wheels of our country go around. They tapped you to stand watch. They tapped you to stand guard. We must hold these bad actors accountable. And I presume the testimonials you heard today moved you. Digest them, discuss them, and act upon them, because if this current trend is allowed to persist, the stakes will be untenable. We are in the middle of an extinction level event. The American people need help. They need heroes. And people of Washington, your constituents chose you to be their champion. Please be the change. Thank you. Sen. Ron Johnson (R-WI): There was one particular piece of legislation or one thing that we could do here in Washington, what would it be? Jillian Michaels: Get rid of Citizens United and get the money out of politics. Sen. Ron Johnson (R-WI): Okay. 3:37:00 Calley Means: To the healthcare staffers slithering behind your bosses, working to impress your future bosses at the pharmaceutical companies, the hospitals, the insurance companies, many of them are in this building, and we are coming for you. 3:37:25 Sen. Ron Johnson (R-WI): Next up is Ms. Courtney Swan. Ms. Swan is a nutritionist, real food activist, and founder of the popular platform, Realfoodology. She advocates for transparency in the food industry, promoting the importance of whole foods and clean eating. Courtney is passionate about educating the public on the benefits of a nutrient dense diet, and she encourages sustainable, chemical-free farming practices to ensure better health for people and the planet. Courtney Swan: Our current agriculture system's origin story involves large chemical companies -- not farmers, chemists. 85% of the food that you are consuming started from a patented seed sold by a chemical corporation that was responsible for creating agent orange in the Vietnam War. Why are chemical companies feeding America? Corn, soy and wheat are not only the most common allergens, but are among the most heavily pesticide sprayed crops today. In 1974 the US started spraying our crops with an herbicide called glyphosate, and in the early 1990s we began to see the release of genetically modified foods into our food supply. It all seems to begin with a chemical company by the name IG Farben, the later parent company of Bayer Farben, provided the chemicals used in Nazi nerve agents and gas chambers. Years later, a second chemical company, Monsanto, joined the war industry with a production of Agent Orange, a toxin used during the Vietnam War. When the wars ended, these companies needed a market for their chemicals, so they pivoted to killing bugs and pests on American farmlands. Monsanto began marketing glyphosate with a catchy name, Roundup. They claimed that these chemicals were harmless and that they safeguarded our crops from pests. So farmers started spraying these supposedly safe chemicals on our farmland. They solved the bug problem, but they also killed the crops. Monsanto offered a solution with the creation of genetically modified, otherwise known as GMO, crops that resisted the glyphosate in the roundup that they were spraying. These Roundup Ready crops allow farmers to spray entire fields of glyphosate to kill off pests without harming the plants, but our food is left covered in toxic chemical residue that doesn't wash, dry, or cook off. Not only is it sprayed to kill pests, but in the final stages of harvest, it is sprayed on the wheat to dry it out. Grains that go into bread and cereals that are in grocery stores and homes of Americans are heavily sprayed with these toxins. It's also being sprayed on oats, chickpeas, almonds, potatoes and more. You can assume that if it's not organic, it is likely contaminated with glyphosate. In America, organic food, by law, cannot contain GMOs and glyphosate, and they are more expensive compared to conventionally grown options, Americans are being forced to pay more for food that isn't poisoned. The Environmental Working Group reported a test of popular wheat-based products and found glyphosate contamination in 80 to 90% of the products on grocery store shelves. Popular foods like Cheerios, Goldfish, chickpea pasta, like Banza, Nature Valley bars, were found have concerning levels of glyphosate. If that is not alarming enough, glyphosate is produced by and distributed from China. In 2018, Bayer bought Monsanto. They currently have patented soybeans, corn, canola and sugar beets, and they are the largest distributor of GMO corn and soybean seeds. Americans deserve a straight answer. Why does an agrochemical company own where our food comes from? Currently, 85 to 100% of corn and soy crops in the US are genetically modified. 80% of GMOs are engineered to withstand glyphosate, and a staggering 280 million pounds of glyphosate are sprayed on American crops annually. We are eating this roundup ready corn, but unlike GMO crops, humans are not Roundup Ready. We are not resistant to these toxins, and it's causing neurological damage, endocrine disruption, it's harming our reproductive health and it's affecting fetal development. Glyphosate is classified as a carcinogen by the World Health Organization's International Agency for Research on Cancer. It is also suspected to contribute towards the rise in celiac disease and gluten sensitivities. They're finding glyphosate in human breast milk, placentas, our organs, and even sperm. It's also being found in our rain and our drinking water. Until January of 2022, many companies made efforts to obscure the presence of GMOs and pesticides in food products from American consumers. It was only then that legislation came into effect mandating that these companies disclose such ingredients with a straightforward label stating, made with bio engineered ingredients, but it's very small on the package. Meanwhile, glyphosate still isn't labeled on our food. Parents in America are unknowingly feeding their children these toxic foods. Dr. Don Huber, a glyphosate researcher, warns that glyphosate will make the outlawed 1970s insecticide DDT look harmless in comparison to glyphosate. Why is the US government subsidizing the most pesticide sprayed crops using taxpayer dollars? These are the exact foods that are driving the epidemic of chronic disease. These crops, heavily sprayed with glyphosate, are then processed into high fructose corn syrup and refined vegetable oils, which are key ingredients for the ultra processed foods that line our supermarket shelves and fill our children's lunches in schools across the nation. Children across America are consuming foods such as Goldfish and Cheerios that are loaded with glyphosate. These crops also feed our livestock, which then produce the eggs, dairy and meat products that we consume. They are in everything. Pick up almost any ultra processed food package on the shelf, and you will see the words, contains corn, wheat and soy on the ingredients panel. Meanwhile, Bayer is doing everything it can to keep consumers in the dark, while our government protects these corporate giants. They fund educational programs at major agricultural universities, they lobby in Washington, and they collaborate with lawmakers to protect their profits over public health. Two congressmen are working with Bayer right now on the Farm Bill to protect Bayer from any liability, despite already having to pay out billions to sick Americans who got cancer from their product. They know that their product is harming people. Sen. Ron Johnson (R-WI): Couple questions. So you really have two issues raised here. Any concern about just GMO seeds and GMO crops, and then you have the contamination, Glycosate, originally is a pre-emergent, but now it's sprayed on the actual crops and getting in the food. Can you differentiate those two problems? I mean, what concerns are the GMO seeds? Maybe other doctor

After a brief analysis of what we currently know about the 119th Congress, we process the return of President Trump. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Reconciliation Rebecca Goldman. September 1, 2022. League of Women Voters. Richard Kogan and David Reich. May 6, 2022. Center on Budget and Policy Priorities. Lisa Desjardins. April 7, 2021. PBS News. House Race Results The New York Times. 2020 vs. 2024 Presidential Results The New York Times. The New York Times. Audio Sources November 5, 2024 justinryoung on Twitch November 7, 2024 We’re Not Wrong Music by Editing Production Assistance

During the RNC and DNC, Jen interviewed nine members of Congress about Congress itself. What is it like to work there? Do they think Congress is dysfunctional? If so, how do they think it could be fixed? In this episode, listen to the most interesting responses from all of the interviews. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources David Daley. October 4, 2024. The Guardian. OpenSecrets. OpenSecrets. Accessed October 30, 2024. Congressional Research Service. Accessed October 30, 2024. Congressional Research Service. Music by Editing Production Assistance

This election has featured a lot of talk about ‘immigration’ and ‘the border’ but has been short on specifics. In this episode, you’ll get those specifics. Specifically, you’ll learn what was in H.R. 2, a Republican bill passed by the House, and you’ll learn what was in the so-called bipartisan border bill which was killed by Donald Trump’s loyalists in the Senate and which Kamala Harris has promised to revive as President. Which bill would actually solve the problems? Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes Current Immigration Process Visas Accessed October 22, 2024. U.S. Department of State, Bureau of Consular Affairs. Accessed October 22, 2024. Boundless. Accessed October 22, 2024. Boundless. October 22, 2024. USAGov. September 3, 2024. U.S. Department of State, Bureau of Consular Affairs. Asylum August 1, 2024. USAFacts. Ted Hesson and Mica Rosenberg. June 5, 2024. Reuters. Accessed October 22, 2024. Migration Policy Institute. Unauthorized Immigration John Gramlich. October 1, 2024. Pew Research Center. Jeffrey S. Passel and Jens Manuel Krogstad. July 22, 2024. Pew Research Center. Backlog December 18, 2023. TRAC Immigration. Immigrant Detention Eunice Cho. August 7, 2023. American Civil Liberties Union. Irwin County Detention Center November 15, 2022. Senate Committee on Homeland Security and Governmental Affairs, Permanent Subcommittee on Investigations. Jonathan Raymond. November 15, 2022. 11 ALIVE. May 20, 2021. WABE. Molly O’Toole. May 20, 2021. The LA Times. C. Carlos Carreiro Immigration Detention Center in Bristol County, MA Ben Berke. May 21, 2021. The Public’s Radio. December 15, 2020. Office of the Massachusetts Attorney General Civil Rights Division. Etowah County Detention Center in Gadsden, Alabama Erin Wise. April 15, 2022. ABC 33 40 News. Ted Hesson and Mica Rosenberg. March 25, 2022. Reuters. March 25, 2022. BirminghamWatch. March 25, 2022. U.S. Immigration and Customs Enforcement. Paul Moses. June 8, 2018. The Daily Beast. Glades County Detention Center in Moore Haven, Florida February 2, 2022. Freedom for Immigrants. Debbie Wasserman Schultz et al. February 1, 2022. South Texas Family Residential Center Accessed October 22, 2024. OpenSecrets. Sandra Sanchez. Updated June 24, 2024. Border Report. Ted Hesson. June 10, 2024. Reuters. Penalties for Illegally Entering Countries World Population Review. Bipartisan Border Bill Failure Ariana Figueroa. May 24, 2024. Missouri Independent. Catherine Rampell. May 23, 2024. The Washington Post. Mary Clare Jalonick and Stephen Groves. February 7, 2024. AP News. Mary Clare Jalonick and Stephen Groves. February 7, 2024. AP News. The Bills H.R. 2 Outline Division A - Border Wall Would require the Secretary of Homeland Security to resume “all activities” related to constructing a border wall between the US and Mexico that were planned by the Trump administration. Wall would have to be at least 900 miles long, and include not only a physical wall, but also surveillance towers, radars, seismic acoustic detection sensors, and 24 hour drone monitoring. Would require killing all carrizo cane and salt cedar plants along the Rio Grande River by releasing non-stinging wasps imported from Spain and France into the area. Would waive “all legal requirements” that would stand in the way of of building the wall. Division B - Immigration Enforcement and Foreign Affairs Would make it illegal to process asylum claims of individuals who: do not enter at official ports of entry. crossed through another country on their way to the US and did not apply to live there and receive an official denial in each country they entered before entering the US. have been convicted of misdemeanor offenses, allowing the Secretary of Homeland Security or Attorney General to add disqualifying acts without approval from Congress and no court reviews allowed. Would allow the Secretary of Homeland Security to take away the authorization for an individual who has been accepted into the US through the asylum process to work legally in the US. Work permits would only be authorized for 6 months at a time. Would reopen detention centers that were closed by the Biden Administration. Title V - Protection of Children Would require the DHS Secretary to return unaccompanied children back to their home countries if they are not trafficking victims and do not have a fear of Return. Would authorize immigration officers to withdraw a child’s application to be admitted into the United States regardless of the child’s ability or desire to do so. Would require the DHS to collect information - name, social security number, DOB, address, contact info, and immigration status - of people who will be taking custody of immigrant children. Within 30 days of receiving that information, if they determine that individual is not legally in the United States, must initiate removal proceedings. Would change the law so that these people have “access” to lawyers instead of having lawyers to represent them. Title VI - Visa Overstay Penalties Would Increase fines for illegally entering the United States from $50-250 to $500-1000 Would create new penalties for overstaying visas: First offense: fines up to $1,000 or up to 6 months in prison, or both Repeat offenses: fines up to $2,000 or up to 2 years in prison, or both S.4361 Outline Division A - Border Security & Combatting Fentanyl Supplemental Appropriations $6.3 billion to border patrol. $6 billion to Immigration and Customs Enforcement. ~$2.4 billion for deportations. ~$1.6 billion for prisons (the goal in the bill is for ICE to be able to detain 46,500 humans at all times). ~$1.2 billion for services to help people navigate the immigration and asylum system, and to help people leave the country if denied visas (). ~$415 million to hire more ICE agents (goal is to hire 800 more agents). ~$200 million for counter fentanyl investigations. ~$4 billion to US Citizenship and Immigration Services with most going towards hiring more staff. ~ $1.2 billion to the State Department $850 million for “humanitarian needs in the Western Hemisphere” to reduce migration (with the idea being that if their home countries are less dangerous, then people won’t want to come here as often) $230 million to pay other countries to accept deported individuals. $440 million, most of which would be spent on Immigration Judge Teams which include lawyers, court administrators, staff, and court costs. Would expand the number of border patrol and ICE officers authorized to issue a notice to appear, reducing the workload of the judges. Would allow protection determination proceedings to take place in any federally owned or leased building that is not property owned, leased or managed by ICE or border patrol and is “a reasonable distance” from the migrants current residence, expanding the locations where the cases can be heard beyond the already too crowded court buildings. Division B - Border Act Title I - Capacity Building For five years: would give the Secretary of Homeland Security the authority to appoint people to positions within the Refugee, Asylum, and International Operation Directorate, the Field Operations Directorate, and the Service Center Operations Directorate of US Citizenship and Immigration Services if the Secretary determines that a critical hiring need exists. would give the Secretary of Homeland Security the authority to appoint ICE deportation officers if the Secretary determines that a critical hiring need exists. Would provide a permanent authority for the DHS Secretary to re-hire a former employee to any position in ICE, Border Patrol, or US Citizenship & Immigration Services. Would give asylum officers a 15% pay raise. Would require annual training for border patrol officers about the law, de- escalation techniques, and migrant and agent safety measures. Title III - Securing America For three years, the Secretary of Homeland Security would be given the authority “in the Secretary’s sole and unreviewable discretion” to declare a “border emergency” and remove any migrant who doesn’t have pre-determined permission to enter the United States or doesn’t present themselves at a port of entry in accordance with a process approved by the DHS Secretary. Title IV - Promoting Legal Immigration Would set up a special process to more easily admit no more than 10,000 refugees who worked with the United States from Afghanistan. Would allow the spouse, fiancé, or child of an admitted migrant to join them in the United States and receive employment authorizations. Would slightly increase the number of visas for family members that would be issued in years 2025 through 2029 (512,000 instead of 480,000 = ~ 6% increase). Audio Sources August 22, 2024 29:45 Vice President Kamala Harris: And let me be clear. After decades in law enforcement, I know the importance of safety and security, especially at our border. Last year, Joe and I brought together Democrats and conservative Republicans to write the strongest border bill in decades. The Border Patrol endorsed it. But Donald Trump believes a border deal would hurt his campaign. So he ordered his allies in Congress to kill the deal. Well, I refuse to play politics with our security. Here is my pledge to you: As President, I will bring back the bipartisan border security bill that he killed. And I will sign it into law. July 18, 2024 April 18, 2018 Senate Judiciary Committee, Subcommittee on Border Security and Immigration Witness: James McHenry, Director, Executive Office for Immigration Review, U.S. Department of Justice Clips 2:42 Sen. John Cornyn (R-TX): Earlier administrations, both Republican and Democrat, have struggled with how to reduce the case backlogs in the immigration courts. And, unfortunately, Congress has never provided the full extent of immigration judges and support staff truly needed to eliminate the backlogs. As a result, backlogs continue to grow, from 129,000 cases in fiscal 1998 to a staggering 684,000 as of February 2018. 3:27 Sen. John Cornyn (R-TX): Aliens in removal proceedings sometimes wait for years before they ever appear before an immigration judge. For example, as of February 2018 courts in Colorado have the longest time for cases sitting on their docket more than 1,000 days -- almost three years. In my home state of Texas, the current wait is 884 days -- almost two and a half years. 28:45 James McHenry: A typical immigration court proceeding has two stages, or two parts. The first is the determination of removability. The Department of Homeland Security brings charges and allegations that an alien has violated the immigration laws. The judge, the immigration judge, first has to determine whether that charge is sustained, and that will be based on the factual allegations that are brought, so the judge will make determinations on that. If there is a finding that the alien is removable, then the case proceeds to a second phase. If the judge finds the alien is not removable, then the case is terminated. At the second phase, the immigration judge gives the alien an opportunity to apply for any protection or relief from removal that he or she may be eligible for under the Immigration and Nationality Act. This will involve the setting of a separate hearing at which the respondent may present evidence, they may present witnesses, they have the right to cross-examine witnesses brought by the department, and they will bring up whatever factual bases there is for their claim of relief or protection. At the end of that hearing, the immigration judge will assess the evidence, will assess the testimony, will look at the law, and will render a decision. The judge may either grant the application, in which case the respondent will get to remain in the United States. The judge may deny the application but give the respondent an opportunity to voluntarily depart at their own expense and sometimes after paying a bond, or the immigration judge may order the alien removed. 41:50 Senator Mike Lee (R-UT): I believe you recently testified in front of the House Judiciary Committee that it would take about 700 immigration judges in order to be able to address the backlog and address the current case load. Is that correct? James McHenry: Yeah, last fall the president proposed adding additional immigration judges, up to a number of 700. If we can get 700 on board, especially with our performance measures, we could complete over 450,000 cases a year. That would eviscerate the backlog. Sen. Mike Lee (R-UT): So, 700 would do it…. End of Episode Announcements Andrew Heaton’s New Book: Music by Editing Production Assistance

We’re making it easy for you to judge the job performances of your members of Congress! In this episode, Jen tells you about a list of single issue votes that were taken in the House and Senate during the 118th Congress. Most importantly, we gave you all the information you need to find your members’ voting records in this episode’s show notes. You can find your 2024 Congressional Election Study guide in the episode 301 show notes on www.congressionaldish.com. Happy voting! Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Enacted Laws Congressional Dish Episode: ← find how your Representative voted here ← find how your Senator voted here Effects of H.R. 7888: Expands the number of people allowed to be legally spied on by the U.S. government and the number of people with information stored in the FISA database (which has information about Americans whose data has been collected along with information about foreigners). It does so by… Giving the Department of Justice (DOJ) permission to search the FISA database to vet foreigners who are applying for tourist visas to visit the United States and Expanding the definition of ‘foreign intelligence’ to include counter narcotics targets. Expands the number of companies who get legal immunity for turning our information over to the government by expanding the definition of “electronic communications service provider”. The Federal Bureau of Investigation (FBI) is no longer legally allowed to search the FISA database solely to find evidence of a crime. The Federal Bureau of Investigation (FBI) is prohibited from using uncorroborated information from political groups or anonymous sources in press reports to get FISA warrants. Limits the number of people within the government who are allowed to search through the database. Background Sources for H.R. 7888: INTEL.gov. Michael Horowitz. April 27, 2023. U.S. Department of Justice, Office of the Inspector General. Jonathan Turley. December 14, 2019. The Hill. Conor Clarke. February 2014. Stanford Law Review. “The Biggs Amendment” to H.R. 7888 [failed] ← find how your Representative voted here Intended Effect of the Biggs Amendment: Would require U.S. government officials to get a warrant before searching through the FISA database for information about U.S. citizens or companies, with emergency exceptions. Congressional Dish Episode: ← find how your Representative voted here Effects of H.R. 7521: It is now illegal for companies to provide internet hosting services, distribute, and/or update “foreign adversary controlled applications”, websites, or games, which are partially owned by a foreign person and are determined by the President - with no proof required - to pose “a significant threat to the national security of the United States.” Establishes a process that allows companies to host, distribute, and/or update if the app, website, or game changes ownership. If companies host, distribute, and/or update the targeted apps, websites, or games, the companies are subject to fines that - depending on the user base of the targeted app, website, or game - can be hundreds of billions of dollars. ← find how your Representative voted here Intended Effects of H.R. 8034: Provide almost $26 billion to Israel. 64% of the money would be for war expenses 35% of the money would be for humanitarian purposes Less than 1% of the money would be for diplomatic expenses Provide $400 million for FEMA Background Sources for H.R. 8034: April 17, 2024. Al Jazeera. Fatima Al-Kassab. January 26, 2024. NPR. ← find how your Representative voted here Intended Effects of H.R. 8035: Provide over $60 billion for Ukraine (and other neighboring countries) 83% of the money would be for war expenses 16.5% of the money would be for humanitarian expenses Less than 0.5% of the money would be for diplomatic expenses Provide $341 million for production of nuclear weapons materials and nuclear nonproliferation programs House Bills ← find how your Representative voted here Intended Effects of H.R. 7023: Double the length of permits to discharge pollutants in waterways from 5 years to 10 years Removes the EPA administrators ability to prohibit discharges in specific disposal sites if he determines that the discharge of materials will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas after a disposal permit has been issued. Creates nationwide permits to allow for transmission projects for people, water, wastewater, carbon dioxide, fuel, and oil and gas pipelines that do not result in a “loss greater than 1/2 acre of waters of the United States for each single and complete project” In reissuing these nationwide permits, the EPA would not be required to consult with a state nor any other Federal agency and these permits will get to short cut environmental assessments that are required by the National Environmental Policy Act. Limits judicial review Puts a 60 day time limit after the permit is issued for a judicial review Doesn’t allow anyone who didn’t file a comment during the public comment period to file a lawsuit. If someone did file a comment, they may not file a lawsuit about anything that they didn’t address in their comment. Prohibits the court from vacating, revoking, or limiting the permit unless the court finds that the activities authorized “present an imminent and substantial danger to human health or the environment for which there is not other equitable remedy available under the law’ Approves an end-of-Trump administration EPA approval for Florida to administer Clean Water Act permitting. Background Sources for H.R. 7023: Becky Bohrer and Patrick Whittle. January 31, 2023. PBS News. July 19, 2016. Earthjustice. Earthjustice. ← find how your Representative voted here Intended Effects of H.R. 1435: Prohibit states from banning fossil fuel burning internal combustion engines in cars and trucks. Effectively revokes the EPA waiver that allows California to ban the sale of fossil fuel burning cars. Background Sources for H.R. 1435: Jeff St. John. September 23, 2020. Greentech Media. ← find how your Representative voted here Intended effects of H.R. 7176: Give the Federal Energy Regulatory Commission the “exclusive authority” to approve or deny applications to export natural gas from the United States to a foreign country, which eliminates requirements for Department of Energy approval and provisions to address free trade agreements. Deems exportation or importation of natural gas to be in the public interest. Background Sources for H.R. 7176: September 26, 2024. National Drought Mitigation Center. Zachary-Taylor Wright. September 17, 2024. MySA. Steven Santana. July 23, 2024. MySA. ← find how your Representative voted here Intended Effects of H.R. 6543: Requires providers of short term lodging (hotels and AirBnBs) and Internet platforms that advertise and sell short term lodging to display the total price including all mandatory fees, except for government taxes and fees. ← find how your Representative voted here Intended Effects of H.R. 3950: Requires ticket issuers and secondary market ticket issuers to clearly display the total ticket price, including all fees, at the time the ticket price is first displayed and provides an itemized list of charges before the ticket purchasing process is complete. Prohibits ticket issuers and secondary market ticket issuers from selling tickets that they do not physically possess at the time of sale. Prohibits secondary ticket issuers from using the word ‘official’ or similar words implying a partnership in their marketing and search engine wording unless they have the consent of the venue, team, or artist. Requires ticket issuers to provide a refund or a similar ticket to a rescheduled event, with the approval of the customer, if an event is canceled or postponed (except for in case of a natural disaster or other event beyond the ticket issuer’s control). ← find how your Representative voted here Intended Effects of H.R. 4639: Prohibits law enforcement or the intelligence community from buying customer or subscriber information directly from companies or from data brokers. Any information “illegitimately obtained” is not allowed to be used against us in court. Has exceptions for FISA surveillance of foreigners. Limits immunity for companies that comply with surveillance orders and do not stop the surveillance when a court order is denied. Background Sources for H.R. 4639: Carly Page. July 18, 2022. TechCrunch. Senior Advisory Group Panel on Commercially Available Information. January 27, 2022. Office of the Director of National Intelligence. Byron Tau. June 19, 2020. The Wall Street Journal. Senate Bills ← find how your Senator voted here Intended Effects of S. 316: Repeal the authorizations for US military operations in Iraq that were passed in 1991 and 2002. Background Sources for S. 316: Meghann Myers. January 25, 2024. Military Times. ← find how your Senator voted here Intended Effects of S. 4072: To prevent the enforcement of the , which would set stricter standards for fossil fuel burning cars and trucks that would be phased in between model year 2027 and 2032. Prohibits enforcement of any similar rule that could be written in the future. The standards could be met via the production of cleaner fossil fuel powered vehicles, hybrids, plug-in hybrids, and electric vehicles. EPA estimates the air pollution reductions would provide ~$13 billion in reduced annual health care costs by preventing the emission of thousands of tons of particulate matter, nitrogen oxides, and volatile organic compounds. EPA estimates the new standards would save Americans $46 billion per year in fuel costs and $16 billion per year due to reduced maintenance and repair costs for drivers, totaling ~$6,000 over the course of a new vehicle’s lifetime. ← find how your Senator voted here Intended Effects of S. 4445: Guarantees an individual’s rights to receive fertility treatment, make decisions regarding the donation, use, storage, and disposal of oocytes, sperm, fertilized eggs and embryos, and enter contracts with health care providers to enact those decisions. Guarantees a health provider’s right to provide fertility treatments and provide for testing, use, storage, shipping, and disposal of genetic material including oocytes, sperm, fertilized eggs, and embryos. Guarantees a health insurance provider’s right to cover fertility treatments. Guarantees a manufacturer’s right to manufacture, import, market, sell, and distribute drugs and devices that are used for fertility treatments. Allows lawsuits against any State or individual who interferes with the right to fertility treatments by the Attorney General, health care providers, and individuals adversely affected. This would supersede any State law regardless of when it was enacted and prohibits enforcement of any state law that is in conflict with these rights. Requires the Department of Defense to provide fertility treatments (specifically three egg retrievals and unlimited embryo transfers) to active duty military members and their spouses. Requires health plans, Medicaid, and Medicare that cover obstetrical (child birth related) services to also provide coverage for fertility treatments. Background sources for S. 4445: Maya C. Miller. September 17, 2024. The New York Times. Alander Rocha. April 3, 2024. Alabama Reflector. Alander Rocha. February 19, 2024. Alabama Reflector. Audio Sources March 21, 2024 Clips Rep. Rick Larsen (D-WA): My colleagues have criticized EPA’s use of its Clean Water Act review or veto authority. Yet, the record shows EPA’s use of this authority has been consistent with congressional intent. I see no reason for removing this authority. Since enactment of the Clean Water Act in 1972, EPA has only exercised this authority 14 times—most recently in relation to large-scale mining proposals in Alaska and West Virginia. EPA’s use of this authority has, in fact, been bipartisan. EPA used it 2 times during Democratic administrations and 12 times during Republican administrations. Rep. Eric Burlison (R-MO): This bill will cut red tape, strengthen the permitting process in favor of those seeking the permits, provide clarity to the EPA to ensure that they are following what the law intends, and, most importantly, fight back against the militant climate agenda. Rep. Eric Burlison (R-MO): Our court system is already being attacked from every angle. Let’s not let the environmentalists continue to manipulate the courts to push their climate religion. It should be an efficient and speedy process so businesses can build the infrastructure that our country depends on. Rep. David Rouser (R-NC): Mr. Chairman, in closing, I encourage my colleagues on both sides of the aisle to support this bill, which provides energy predictability and certainty that our utilities, energy, manufacturing, and agricultural industries need to succeed, which are so critical to American greatness in energy, food production, and the manufacturing necessary to improve the standard of living of every American. That is what this is about, Mr. Chairman. Music by Editing Production Assistance

You do not have the right to repair your own belongings because of intellectual property rights granted to corporations by Congress in 1998. In this episode, listen to the debate happening in Congress about if and how they should grant customers the right to repair and get a status update on the multiple efforts under way in the current Congress, including one with a good chance of becoming law. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes McDonald’s Ice Cream Machines Andy Greenberg. December 14, 2023. Wired. Joseph Fawbush. March 29, 2022. FindLaw. John Deere Luke Hogg. January 8, 2024. Reason. Internet of Things Updates and Maintenance Márk Szabó. August 27, 2024. WeLiveSecurity. Massachusetts Auto Repair Law Massachusetts Office of the Attorney General. DoD’s Revolving Door OpenSecrets. OpenSecrets. Karl Evers-Hillstrom and Reid Champlin. June 18, 2019. OpenSecrets. OpenSecrets. Salary.com. Military Right to Repair Issues Kyle Mizokami. February 11, 2020. Popular Mechanics. Max Finkel. February 8, 2020. Jalopnik. Elle Ekman. November 20, 2019. The New York Times. Lucas Kunce and Elle Ekman. September 15, 2019. Technological Protection Measures (TPMs) Jennifer Zerkee. November 8, 2023. Simon Fraser University. Cyber Risks Sam Curry et al. January 3, 2023. samcurry.net. Apple Lawsuit Brandon Vigliarolo. December 18, 2023. The Register. NDAA Sec. 828 Jason Koebler. August 28, 2024. 404 Media. AdvaMed et al. July 30, 2024. DocumentCloud via 404 Media. Laws Bills Sec. 828 : REQUIREMENT FOR CONTRACTORS TO PROVIDE REASONABLE ACCESS TO REPAIR MATERIALS. Fair Repair Act Audio Sources May 16, 2024 Senate Armed Services Committee Witnesses: Carlos Del Toro, Secretary of the Navy Clip Sen. Elizabeth Warren: So the Navy acquires everything from night vision goggles to aircraft carriers through contracts with big defense contractors, but the contractors often place restrictions on these deals that prevent service members from maintaining or repairing the equipment, or even let them write a training manual without going back through the contractor. Now the contractors say that since they own the intellectual property and the technical data underlying the equipment, only they have the right to repair that equipment. These right to repair restrictions usually translate into much higher costs for DOD, which has no choice but to shovel money out to big contractors whenever DOD needs to have something fixed. So take the Navy's littoral combat ship, General Dynamics and Lockheed Martin considered much of the data and equipment on the ship to be proprietary, so the Navy had to delay missions and spend millions of dollars on travel costs, just so that contractor affiliated repairmen could fly in, rather than doing this ourselves. Secretary Del Toro, when a sailor isn't allowed to repair part of their ship at sea, and a marine isn't allowed to access technical data to fix a generator on a base abroad. One solution is for the Navy to buy the intellectual property from the contractors. So can you say a little bit about what the benefits are of the Navy having technical rights for the equipment that it has purchased. Sec. Carlos Del Toro: The benefits are enormous, Senator, and we've actually had tremendous success, I'd say, in the last year and a half to two years, through the taxpayer advocacy program that we initiated when I came in. There have been three examples, one, gaining the intellectual property rights for the new ACV class of ships that will replace the AAVs. The F-35 negotiations really proved themselves out in a significant way as well, too. And lastly, the 20 F-18s that the Congress authorized in ‘22 and ‘23, we were able to make significant gains in terms of the government finally getting the intellectual property rights that were necessary for us to be able to properly sustain those moving forward. Sen. Elizabeth Warren: So I am very, very glad to hear this. I like the taxpayer advocacy project and how you're training contract officers to secure technical equipment that the Navy buys, but I think you should have the support of Congress on this. Senator Braun and I have introduced the Stop price gouging the military act to give DoD more tools to get cost and pricing data so that you will be in a better position to negotiate better deals with contractors. There's also more that we can do to ensure that the Navy and the rest of the services have the rights they need to bolster readiness. So let me ask you, Secretary Del Toro, would having a stronger focus on right to repair issues during the acquisition process, like prioritizing contract bids that give DoD fair access to repair materials, and ensuring that contract officers are looking into buying technical rights early on, would that help the Navy save costs and boost readiness at the same time? Sec. Carlos Del Toro: Very much. Senator, in fact, one of the things that we have prioritized since I came in as Secretary of the Navy, given my acquisition background, is actually those negotiations need to happen as early as possible before that we even as we develop the acquisition strategy for that contract to go out to bid, and by doing so, we will reap tremendous returns. July 18, 2023 House Judiciary Committee Witnesses: Aaron Perzanowski, Thomas W. Lacchia Professor of Law, University of Michigan Law School , Legal Fellow, Hudson Institute’s Forum for Intellectual Property Kyle Wiens, Co-founder and CEO, iFixit Paul Roberts, Founder, SecuRepairs.org; Founder and Editor-in-Chief, the Security Ledger Scott Benavidez, Chairman, Automotive Service Association; Owner, Mr. B’s Paint & Body Shop Clips 41:25 Scott Benavidez: My name is Scott Benavidez. I'm the Chairman of the Automotive Service Association's Board of Directors. I am also a second generation shop owner from Albuquerque, New Mexico, Mr. B's Paint and Body Shop. Scott Benavidez: We do have concerns when some insurers insist on repairs that are simply cheaper and quicker, without regard to quality and safety. Repairers understand better than anyone the threat of replacement crash parts or lesser quality. We can and should have a competitive marketplace that doesn't compromise quality or safety, deciding to only cover the cheapest option without understanding implications for quality leaves collision shops and their customers in a tough position. Very few consumers have the knowledge about these types of crash parts used on their vehicles as numerous crash parts in the marketplace, such as OEM (original equipment manufactured) parts, certified aftermarket parts, aftermarket parts, reconditioned crash parts, and recycled crash parts. Repairers can make recommendations, but their customers are unlikely to hear if the insurance won't cover them. 46:45 Paul Roberts: My name is Paul Roberts, and I'm the founder of Secure Repairs. We're an organization of more than 350 cyber security and information technology professionals who support the right to repair. 46:55 Paul Roberts: I'm speaking to you today on behalf of our members to make clear that the fair access to repair materials sought by right to repair laws does not increase cyber risk, and in fact, it can contribute to a healthier and more secure ecosystem of smart and connected devices. Paul Roberts: Proposed right to repair legislation considered by this Congress, such as the Repair Act, or last session, the Fair Repair Act, simply asks manufacturers that already provide repair information and tools to their authorized repair providers to also provide them at a fair and reasonable price to the owners of the devices and to third parties that they may wish to hire to do their work. 47:35 Paul Roberts: By definition, the information covered by right to repair laws is not sensitive or protected, as evidenced by the fact that the manufacturers already distribute it widely to hundreds, thousands, or even tens of thousands of workers for their authorized repair providers. This could be everyone from mechanics working at auto dealerships to the folks staffing the Geek Squad at Best Buy. 48:00 Paul Roberts: Also, we have yet to find any evidence that the types of information covered by right to repair laws like schematic diagrams, service manuals, diagnostic software and replacement parts act as a portal to cyber attacks. The vast majority of attacks on internet connected devices - from broadband routers to home appliances to automobiles - today exploit weaknesses in the embedded software produced and distributed by the manufacturers, or alternatively, weak device configurations so they're deployed on the internet in ways that make them vulnerable to attack. These security weaknesses are an epidemic. A recent study of the security of Internet of Things devices, by the company Phosphorus Labs, or a cybersecurity company, found that 68% of Internet of Things devices contained high risk or critical software vulnerabilities. As an example, I'd like to call attention to the work of a group of independent researchers recently led by Sam Curry, who published a report, and you can Google this, "Web Hackers vs. the Auto Industry" in January 2023. That group disclosed wide ranging and exploitable flaws in vehicle telematics systems from 16 different auto manufacturers. At a leading GPS supplier to major automakers, the researchers claimed to obtain full access to a company-wide administration panel that gave them the ability to send arbitrary commands to an estimated 15.5 million vehicles, including vehicles used by first responders, police, fire and so on. Hacks like this take place without any access to repair materials, nor is there any evidence that providing access to repair software will open the doors to new attacks. 50:05 Paul Roberts: For the last 25 years, Section 1201 of the Digital Millennium Copyright Act has given manufacturers an incentive to deploy software locks widely and to limit access to security researchers. That's kind of a model what we call in cybersecurity, security through obscurity. In other words, by keeping the workings of something secret, you're making it secure. But in fact, that doesn't work, because cyber criminals are very resourceful and they're very determined, and they don't really care what the law says. 50:35 Paul Roberts: Section 1201 has also enabled what one researcher has described as dark patterns in the design and manufacture of hardware that includes everything from locking out customers from access to administrative interfaces, administrative features of the products that they own, as well as practices like part pairing, which Kyle will talk to you more about, in which manufacturers couple replaceable components like screens and sensors and cameras to specific device hardware. Such schemes make manufacturers and their authorized repair providers gatekeepers for repairs, and effectively bar competition from the owners of the devices as well as independent repair providers. 54:45 Kyle Wiens: You think about what is local? What is American? Main Street you have a post office and a repair shop. And unfortunately, we've seen the whittling down of Main Street as the TV repair shops went away when the manufacturers cut off access to schematics, as the camera repair shops went away when Nikon and Canon decided to stop selling them parts. We've seen this systematically across the economy. In the enterprise space, you have Oracle and IBM saying that you can't get security updates to critical cyber infrastructure unless you buy a service contract with them, so they're tying long term service contracts with the security updates that are necessary to keep this infrastructure secure. 56:45 Kyle Wiens: Over the last decade plus, I've been working on Section 1201, trying to get exemptions for the ability to repair products. The challenge that we've had in the section 1201 process every triennial I go back and we ask for permission to be able to fix our own things is that the exemptions we've gotten really only apply to individual consumers. They aren't something that I could use to make a tool to provide to one of you to fix yourself. So in order for someone to take advantage of a 1201 exemption that we have, they have to be a cybersecurity researcher and able to whittle their own tools and use it themselves, and that just doesn't scale. 57:45 Devlin Hartline: My name is Devlin Hartline, and I'm a legal fellow at the Hudson Institute's forum for intellectual property. 57:50 Devlin Hartline: I'd like to start with a question posed by the title of this hearing, is there a right to repair? And the answer is clearly no. A right is a legally enforceable claim against another, but the courts have not recognized that manufacturers have the duty to help consumers make repairs. Instead, the courts have said that while we have the ability to repair our things, we also have the duty not to infringe the IP rights in the process. So it is in fact, the manufacturers who have the relevant rights, not consumers. 58:30 Devlin Hartline: Right to repair supporters want lawmakers to force manufacturers to make the tools, parts, and know-how needed to facilitate repairs available to consumers and independent repair shops. And the assumption here is that anything standing in the way of repair opportunities must necessarily harm the public good, but these tools, parts and know-how, are often protected by IP rights such as copyrights and design patents. And we protect copyrighted works and patented inventions because, as the Constitution recognizes, this promotes the public good. We reward creators and innovators as an incentive for them to bring these things to the marketplace and the public benefits from the introduction of new products and services that increase competition. Thus, the right to repair movement isn't based on a pre-existing right. It's instead asking lawmakers to create a new right at the expense of the existing rights of IP owners. 1:00:45 Devlin Hartline: IP owners are merely exercising their federally protected IP rights, and this is not actionable anti-competitive conduct. It is instead how the IP system is supposed to work. We grant IP owners exclusive rights so they can exclude others, and this, in turn, promotes the investments to create and to commercialize these creative innovations in the marketplace, and that promotes the public good. Aaron Perzanowski: My name is Aaron Perzanowski. I am a professor of law at the University of Michigan, and for the last 15 years, my academic research has focused on the intersection of personal and intellectual property rights in the digital economy. During that time, the right to repair has emerged as a central challenge to the notion that we as consumers control the devices that we buy. Instead consumers, farmers, small businesses, all find that manufacturers exert post-sale control over these devices, often in ways that frustrate repair. Aaron Perzanowski: Repair is as old as humanity. Our Paleolithic ancestors repaired hand axes and other primitive tools, and as our technologies have grown more complex, from the Bronze Age through the Renaissance, to the high tech devices that we all have in our pockets here today, repair has always kept pace. But today, manufacturers are employing a range of strategies that restrict repair, from their hardware and software design choices to clamp downs on secondary markets, and we also troublingly see attempts to leverage IP rights as tools to restrict repair. These efforts are a major departure from the historical treatment of repair under the law, the right to repair is not only consistent with nearly two centuries of IP law in the United States, it reflects half a millennium of common law property doctrine that rejects post-sale restrictions on personal property as early as the 15th century. English property law recognized that once a property owner sells an item, efforts to restrain how the new owner of that item can use it are inconsistent with the essential nature of private property and obnoxious to public policy. As the Supreme Court has repeatedly recognized, IP laws' respect for the property interests of purchasers of copyrighted and patented goods was profoundly shaped by this common law tradition. In 1850, the Supreme Court recognized that the repair of a patented machine reflected "no more than the exercise of that right of care, which everyone may use to give duration to that which he owns." A century later, the Court held that the repair of a convertible car roof was justified as an exercise of "the lawful right of the property owner to repair his property." And just a few years ago, the court reaffirmed the rejection of post-sale restrictions under patent law in Impression Products vs. Lexmark, a case about refurbishing printer ink cartridges. Copyright law, not surprisingly, has had fewer occasions to consider repair restrictions. But as early as 1901, the Seventh Circuit recognized "a right of repair or renewal under US copyright law." When a publisher sued to prevent a used book dealer from repairing and replacing damaged components of books, the court said that "the right of ownership in the book carries with it and includes the right to maintain the book as nearly as possible in its original condition." A century after that, Congress itself acknowledged repair as a right that owners enjoy, regardless of copyright restrictions, when it enacted section 117 C of the Copyright Act. That provision was designed to undo a Ninth Circuit decision that allowed copyright holders to prevent third party repairs of computers. Section 117 C explicitly permits owners of machines to make copies of computer programs in the course of maintenance or repair. And finally, the US Copyright Office over the last decade has repeatedly concluded that diagnosis, repair, and maintenance activities are non-infringing when it comes to vehicles, consumer devices, and medical equipment. So the right to repair is firmly rooted in basic principles of US IP law. Aaron Perzanowski: Section 1201 of the DMCA makes it practically impossible for consumers to exercise their lawful right to repair a wide range of devices, from tractors to home electronics, even though the copyright office says those activities are not infringing, and the weakening of standards for design patents allow firms to choke off the supply of replacement parts needed to repair vehicles, home appliances, and other devices. Aaron Perzanowski: One way to think about a right is as an affirmative power to force someone else to engage in some behavior, and in some cases, that is what we're talking about. We're talking about imposing, especially on the state level, regulations that impose requirements on manufacturers. I think that's true of the Repair Act on the federal level as well. But, I think part of what we also need to keep in mind is that sometimes what you need to effectuate a right is to eliminate barriers that stand in the way of that right. So we can think about this, I think, helpfully in the context of tools that enable people to engage in repair. The state level solution has been to require manufacturers to give their own tools to repair shops, sometimes compensated under fair and reasonable terms. The other solution would be to change section 1201 to say, let's allow independent repair shops to make their own tools. I think both of those solutions have some value to them. I also think it's really important to keep in mind that when we're talking about IP rights, there are always multiple sets of interests at stake, and one of the key balances that IP law has always tried to strike is the balance between the limited statutory exclusive rights that the Patent and Copyright Acts create and the personal property rights of consumers who own these devices. And so I think a balancing is absolutely necessary and appropriate. 1:15:20 Aaron Perzanowski: I think the best solution for Section 1201 is embodied in a piece of legislation that Representatives Jones and Spartz introduced in the last Congress, which would create a permanent exception to Section 1201 for repair that would apply not only to the act of circumvention, but would also apply to the creation and distribution of tools that are useful for repair purposes that does not open the door to broad, unrestrained, creation of circumvention tools, but tools that are that are targeted to the repair market. 1:16:40 Devlin Hartline: He cited a case about where you can repair a cover on a book. That's very different than recreating the book, every single word in it, right? So there's a difference between repairing something and then crossing the line into violating the exclusive rights of IP owners in the patented product or the copyrighted book. And so the things that repair supporters are asking for is that, if somebody has a design patent that covers an auto body part, well, they have the right to exclude other people from making that part, but repair supporters say they shouldn't have that exclusive right, because, you know, we could increase competition if we just took away their design patent and now other people could make that part, and so that's competition. But that's not the type of competition that IP law and competition law seek to support. That's like saying, if we just let the Pirate Bay copy and distribute all of the Disney blockbuster movies, then that's competition, and prices would go down. But that's not the way that we do it, right? So competition means other people come up with new products and new services, and so that's what we should be trying to support. 1:26:45 Rep. Jerrold Nadler (D-NY): Repair advocates argue that section 1201, prevents non-infringing circumvention of access controls for purposes. But Congress contemplated this use when it passed the DMCA in 1998, allowing for a triennial exemption process. Is the exemption process working as intended? And if not, are there actions Congress can take to expand exemptions or make them easier to acquire? Devlin Hartline: What's important about the triennial rulemaking is that the proponent of an exemption has to come forward with evidence and demonstrate that there's actually a problem and it relates to a certain class of works, and then they can get a temporary exemption for three years. And so it is true that the Librarian of Congress, the last few rulemakings, has said that because using a copyrighted work in a way for repair, maintenance, etc, is Fair Use that they grant these exemptions. But these exemptions are quite narrow. They do not allow the trafficking of the computer programs that can crack the TPMs. And so it's very narrowly done. And the concern is that if you were to create a permanent exemption that opens things all the way up with access controls, copy controls and trafficking thereof, is now you're getting to the point of why we even have these TPMs under 1201 in the first place, and that's because they guard against piracy. And so the concern is that you're opening the piracy floodgates. You make these devices less secure, and then content owners are going to be less likely to want to put their content on these devices. Rep. Ben Cline (R-VA): How does section 1201 of the DMCA impact the ability of consumers and independent repair shops to modify or repair devices that have proprietary software and data in the consumer electronics industry? Aaron Perzanowski: Thank you so much for the question. As we've been talking about the copyright office in 2015, 2018, 2021, and they're in the process for the current rulemaking, has determined that engaging in circumvention, the removal or bypassing of these digital locks for purposes of repair, is perfectly lawful behavior, but there is a major practical mismatch here between the legal rights that consumers enjoy under federal law today and their practical ability to exercise those rights. And that's because, as Devlin was just describing, the section 1201 rulemaking does not extend to the creation or distribution of tools, right? So I have the right under federal law, to remove the technological lock, say, on my video game console, if I want to swap out a broken disk drive. How do I do that? I'd like to think of myself as a pretty technologically sophisticated person. I don't have the first clue about how to do that. I need a person who can write that code, make that code available to consumers so that I can. All I'm trying to do is swap out a broken disk drive on my video game. But you would argue that code is proprietary, correct? So I'm talking here about a third party making their own code that is simply allowing me to engage in activity that the Copyright Office has repeatedly said is non-infringing. Rep. Ben Cline (R-VA): So you want to give them a map. Is that, essentially, what you're saying? Aaron Perzanowski: Absolutely, yes, I do. Rep. Ben Cline (R-VA): Do trade secrets play a role in the right to repair debate? Aaron Perzanowski: There are occasions where trade secrets are important. I don't think in the context that we're talking about here with section 1201, that we're typically running into trade secret issues. The state-level bills that have been introduced do typically address trade secrets and often have carve outs there. And I think that's something worth considering in this debate. But I think it's important to keep in mind that just because we have some hypothetical worry about some unknown bad actor taking a tool that I use to fix my video game console -- Rep. Ben Cline (R-VA): It's not unknown. The Chinese do it all the time. Aaron Perzanowski: I don't think the Chinese are particularly worried about whether or not I can fix my video game console, and in fact, I think that point is important, but the bad actors already have these tools. All we're trying to do is get very targeted tools in the hands of law abiding citizens who just want to repair the stuff they buy for their kids for Christmas, right? If the Chinese are going to hack the PlayStation, they've already done it. 1:32:25 Aaron Perzanowski: So the 1201 process is what established the legality of circumvention for repair purposes. But when Congress created that rulemaking authority, it only extends to the act of circumvention, the actual removal. Congress did not give the [Copyright] Office or the Librarian [of Congress] the authority to grant exemptions to the trafficking provisions, and that's where I think legislative intervention is really important. 1:39:00 Kyle Wiens: One of the challenges was section 1201. It doesn't just ban repair tools, it also bans the distribution of cybersecurity tools. And so we've seen security researchers....Apple sued a company that made a security research tool under 1201 and that tool has markedly made the world more secure. It's very popular amongst government security researchers. So I think that's kind of the sweet spot is, allow some third party inspection. It'll make the product better. 1:41:25 Kyle Wiens: These ice cream machines are made by Taylor, and there is an incredibly complex, baroque set of touchscreens you have to go through. And then there's a service password you have to be able to get past in order to access the settings that really allow you to do what you want. And so, in an ideal world, you'd have an entrepreneur who would come along and make a tool to make it easier for McDonald's, maybe they could have an app on their phone that they could use to configure and help them diagnose and repair the machine. Unfortunately, the company who made that tool is struggling legally because of all these challenges across the board. If we had innovation outside of the manufacturers and to be able to develop new tools for fixing ice cream machines or anything else, you have a whole flowering ecosystem of repair tools right now. It doesn't exist. The US is like this black hole where innovation is banned in software repair. There's all kinds of opportunities I could see, I had a farmer ask me for help fixing his John Deere tractor, and I had to say, I can't do that particular repair because it's illegal. I'd love to build a cool app for helping him diagnose and fix his tractor and get back back in the field faster. We don't have that marketplace right now. It's like farmers have been forced to, like, use cracked Ukrainian versions of John Deere diagnostic software, right? Rep. Russell Fry (R-SC): So it's not just ice cream machines. I led off with that, but it's farmers, it's farm equipment, it's iPhones, it's somebody's Xbox, right? I mean, these are all things.... in your experience, what are the challenges that these customers and stakeholders face when they're trying to repair their own devices? What are some things that they face? Kyle Wiens: It's absolutely infuriating. So my friend, farmer in San Luis Obispo, Dave grows all kinds of amazing products. He has a $300,000 John Deere tractor, came to me and said, Hey, there's a bad sensor. It's going to take a week to get that sensor sent out from Indiana, and I need to use the tractor in that time. Will you help me bypass the sensor? I could hypothetically modify the software in the tractor to do that. Practically, I didn't have the legal ability, and so he had to go and rent an expensive tractor for the week. This is impacting people's lives every single day. 1:43:50 Rep. Russell Fry (R-SC): So, to pivot a little bit, what role do you see from a federal side, from legislation, and what specific measures do you think might be included in such legislation? Kyle Wiens: So we've seen the solutions being approached from two angles. At the state level, you have states saying John Deere and other manufacturers, if you have a dealership that has fancy tools, sell those tools to consumers and to independent shops, allow that competition. At the federal level, what we can do is enable a competitive marketplace for those tools. So rather than compelling John Deere to sell the tool, we can say, hey, it's legal for someone, an entrepreneur, to make a competing tool. And you have this in the car market. You can take your car down the AutoZone, you can buy a scan tool, plug it into your car, and it'll decode some of the error messages. Those tools exist on the auto market because we have a standard diagnostic interface on cars that you can access without circumventing a TPM. We don't have that for any other products. So another farmer in my town, he showed me how if he has a transmission go out on a truck, he can fix that. But if he has a transmission go out on his John Deere tractor, he can't. He can physically install the transmission, but he can't program it to make it work. I'd love to be able to make a software tool to enable him to replace his transmission. Aaron Perzanowski: So I think if we see passage of the SMART Act, we can anticipate significant reductions in the expenses associated with auto collision repairs. Estimates are that design patents on collision parts are responsible for about $1.5 billion in additional expenditures. We see price premiums on OEM parts over third party parts often reaching into like the 40% range, right? So these are pretty significant cost savings associated with that. Part of this problem, I think, does relate back to the kind of unique structure of this market. Most consumers are not paying out of pocket for collision repairs. Those costs are being covered by their auto insurance provider, and so the consumer doesn't see that the - I'm pulling this from memory, so don't hold me to this figure - but the side view mirror of a Ford Fiesta costing $1,500, that's not something that the consumer is confronted with, right? So this goes back to the question of notice. Do consumers know when they buy that vehicle that the repairs are going to be that expensive? I think in most cases, they don't. And so I think the SMART Act is a very targeted solution to this problem. I do think it's important to note that the design patent issue for replacement parts is not limited to the automotive industry. I think it's the most, I think that's the area where the problem is most pressing. But home appliances, consumer electronics, we see companies getting design patents on replacement water filters for refrigerators so that they can charge three times as much when the little light comes on on your fridge to tell you that your water might not be as clean as you want it to be. So I think we have to think about that problem across a range of industries, but the automotive industry, I think, is absolutely the right place to start. Paul Roberts: I mean, one point I would just make is that with the Internet of Things, right, we are facing a crisis in the very near future as manufacturers of everything from home appliances to personal electronics to equipment, as those products age and those manufacturers walk away from their responsibility to maintain them. So we're no longer supporting the software. We're no longer issuing security updates. Who will step in to maintain those devices? Keep them secure, keep them operating right? The manufacturers walked away. Do we just get rid of them? No, because the equipment still works perfectly. We're going to need a market-based response to that. We're going to need small businesses to step up and say, hey, I'll keep that Samsung dishwasher working for another 20 years. That's a huge economic opportunity for this country, but we cannot do it in the existing system because of the types of restrictions that we're talking about. And so this is really about enabling a secure future in which, when you buy a dishwasher with a 20 year lifespan, or 25 year lifespan, it's going to last that 25 years, not the five to six years that the manufacturer has decided, you know, that's how long we want to support the software for. Paul Roberts: My understanding is the use of design patents has increased dramatically, even exponentially, in the last 10 to 15 years. If you go back to the 90s or 80s, you know, parts makers, automakers were not applying these types of patents to replaceable parts like bumpers and rear view mirrors. Somebody had a business decision that, if you can do so, then we can capture more of that aftermarket by outlawing identical aftermarket replacements that has a huge downstream impact on car owners and on insurers and on all of us. 2:10:15 Paul Roberts: Both of the things that we're really proposing or talking about here, which would be changes to Section 1201 of the DMCA as well as passage of robust right to repair laws, would empower a market-based response to keeping the internet of things working, secure and functioning. DMCA 1201 reforms by making it clear that you can circumvent software locks for the purpose of repair and maintenance and upkeep, right? So that would take the threat of the federal crime away from small business owners as well as security researchers who are interested in, you know, plumbing that software for purposes of maintenance, upkeep and repair. And on the right to repair by making the tools available to maintain and upkeep products - diagnostic software, schematic diagrams, service manuals - available. Once again, you'll be empowering small business owners to set up repair shops and say, I'm going to keep your smart appliance running for its full 25 or 30 year lifespan, and I'm going to support my family doing that locally, and not be basically choked out of business by a company that says, Well, you don't have the right to access this product. From a cybersecurity perspective, that is really important, because one thing we don't want is a population of millions or tens of millions of out of date, unsupported, unpatched, insecure internet connected home appliances, webcams, home routers out there available to nation state actors, cyber criminal groups, to compromise and use for their own purposes. And that's something we already see, particularly around broadband routers and other types of devices, and it's a real threat going forward that I think this type of these types of changes would support. Aaron Perzanowski In a lot of instances, this conversation, and we've touched on this earlier, focuses on cost savings, right? And cost savings are an important consideration, right? Farmers aren't thrilled that they have to pay a technician from the John Deere dealer to drive maybe hours to get to their farm and connect their laptop and, you know, download these payload files to enable their equipment to work. But in the agricultural space, the thing I hear most often in the conversations I have with farmers is and Kyle touched on this a bit earlier, is a real concern about the time sensitivity of their work. If your tractor is out of commission for a week or two in the wrong part of the season, that is going to have disastrous effects, right, not only on that farm's economic outlook, but collectively, it can have an impact like, not to be hyperbolic here, but on our national food supply, and so I think it's really important that farmers have flexibility in terms of where and how they execute repairs, so that they can get their equipment back up and running. If my laptop breaks and I can't get it fixed for a week or two, I'm annoyed there will be emails that go unanswered, but like the world will continue to spin. That is not the case in the agricultural space where we, I think, have to be much more concerned. Rep. Darrell Issa (R-CA): If I remove from my BMW, at least during certain models, I remove the radio, unplug it, and then plug it back in, simply because I was fiddling around with the dash, I now have to go back to the dealer to reinstall it. Similarly, the transmission example. I've got two John Deere tractors. One's got a busted engine, the other's got a busted transmission. Currently, they will prohibit you from moving the transmission from one to the other. From a standpoint of intellectual property, where, in God's green earth or the Constitution, are any of those designed to be rights that belong to the manufacturer, rather than rights that belong to the owners of those two John Deere tractors? Devlin Hartline: So those are a bunch of different situations, and so I think there would be underlying facts that differ with each right. So we started on the iPhone, and I was going to point out that iPhone will actually give you the tool to synchronize it. In those other situations, I don't know the business justification for it. How is that an IP problem? Right? So if that's locked up with the TPM, and you have to bypass the TPM, well then that's a violation of 1201, so that's how they can that's how they can lock -- Rep. Darrell Issa (R-CA): So what you're saying is that Congress has created impediments to the right to repair. Mr. Roberts, would you say that is correct? That, in fact, the right to repair, were Congress never to have done anything since, you know, George and Thomas were our presidents, so to speak, knowing those two presidents, we'd be able to do things we're not able to do because they're now prohibited by acts of Congress. Paul Roberts: Yes, and we certainly know going back to the 50s, 60s, 70s, there was a much more you know....First of all, companies would ship products with service and repair manuals with detailed schematic diagrams with the understanding that owners would want to replace and service them. And what I would say is, yes, absolutely. I doubt very much. And I know we had members who were here in 1998 authoring the DMCA. I think if you had said to them, in 25 years time, this law will be used to prevent somebody with a broken dishwasher from getting that serviced by their local repair shop or by for fixing it themselves, this law will prevent them from doing that, I doubt very much they would have said, yeah, that's pretty much what we want. Rep. Darrell Issa (R-CA): Well, I will tell you that the I was the chairman of what is now the Consumer Electronics Association in 1998 and we did predict a lot of these items were going to be expanded beyond the scope of the original. Paul Roberts: Right now this is not an urgent issue, because most of the cars out there are older vehicles. As we move forward, as telematic systems evolve, as automakers continue their trend of moving more and more information to telematic systems, this is going to become a bigger problem. I'll point out another problem, which is the Massachusetts law is contingent on data transfers of diagnostic and repair information via the OBD or onboard diagnostic two port under the dashboard. That's only there because of federal Clean Air law. Electronic vehicles don't have that port because they don't have emissions, and so in the very near future, as we shift to electronic vehicles, that data access port will no longer be there. It will all be telematics data, and so the utility of the Massachusetts law is going to decline over time, going forward. And again, I you know, when you start talking about right to repair, you become like this crazy person who talks about right to repair every time it comes up. But one thing I try and stress to people when I talk to them about auto repair is, if you live in Michigan or California and you have taken your vehicle to the local independent repair shop, you have only done that because the voters in Massachusetts passed a ballot measure over a decade ago and then updated it in November 2020. That is the very thin thread that our right to use independent auto repair hangs by in this country. That's not the way it's supposed to be. This is something that affects vehicle owners, hundreds of millions of them in all 50 states. And it's a type of thing that the federal government needs to address with federal legislation. It should not hang by this very thin thread. 2:30:20 Rep. Hank Johnson (D-GA): Are software updates new creations, and thus copyrightable? Devlin Hartline: Software updates, yeah, they're computer programs, and so Congress said explicitly in 1980, but it was understood before then, that computer programs are literary works and they're protected, just like any other copyrighted work. Rep. Hank Johnson (D-GA): Thank you, Professor Perzanowski, do you disagree? Aaron Perzanowski: I don't disagree at all that software updates are protectable subject matter under the Copyright Act. But what I think is important to keep in mind right is the Copyright Act and copyrights exclusive rights, and all of the exceptions and limitations to copyrights exclusive rights are created by Congress, and so if you think those rights are interfering with other important issues and concerns, then I think Congress clearly has the power to make changes to the copyright law in order to best serve what you ultimately determine to be in the public interest. 2:35:30 Aaron Perzanowski: Access to firmware and other code is really essential to the functioning and repair of lots of devices. I think there's some important differences between the standard essential patent context and kind of what we're talking about here in that in the standard essential patent context, we're relying on standard setting bodies to identify technologies and to require companies to license their patents under fair, reasonable and non-discriminatory terms. We don't quite have that infrastructure in place in the copyright context, but what we do have are compulsory licenses that exist within the Copyright Act already, one of which you were alluding to earlier, the mechanical license for musical works. We also have compulsory licenses for retransmissions of satellite and broadcast content that essentially say the copyright owner is entitled to compensation of some form, but they're not entitled to prevent people from using or accessing that underlying work, and I think that could be a useful framework here for getting owners of devices access to the firmware that they need. Music by Editing Production Assistance

On the ground coverage of the Democratic National Convention, which was not as joyful and unified as the party wanted it to seem. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Ballot Deadline Reuters Fact Check. July 30, 2024. Reuters. Biden’s Speech: Stop Arming Israel Banner C-SPAN. Democracy Now! on YouTube. Rep. Ro Khanna on the Young Turks The Young Turks (@TheYoungTurks). August 23, 2024. AIPAC Spending Joan E Greve et al. April 22, 2024. The Guardian. Gaza Death Toll Malak A Tantesh and Emma Graham-Harrison. August 15, 2024. The Guardian. Harris Speech August 22, 2024. C-SPAN. Music by Editing Production Assistance

The Senate recently received testimony from the bipartisan co-chairs of the Commission on the National Defense Strategy, who were tasked with creating a report to Congress with recommendations needed to adapt our National Defense Strategy to current threats. In this episode, hear the testimony about that completed report during which they discuss preparations for a possible world war and the need for more American kids to fight and die in it. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes The Report Jane Harman et al. July 2024. Senate Committee on Armed Services. Jane Harman: Warmonger Open Secrets. October 10, 2002. Clerk of the U.S. House of Representatives. September 14, 2001. GovTrack. Iridium Communications April 2, 2024. wallmine. GuruFocus Research. March 8, 2024. Yahoo Finance. December 29, 2023. Market Screener. Bing. Iridium. Iridium. Iridium. Retrieved from the Internet Archive’s Wayback Machine version archived November 11, 2022. Axis of Aggression or Axis of Resistance? Angela Skujins. June 8, 2024. euronews. Nikita Smagin. June 15, 2023. Carnegie Politika. Defense Innovation Unit Defense Innovation Unit. Military Service Kristy N. Kamarck. December 13, 2016. Congressional Research Service. Christopher Hitchens. October 3, 2007. Vanity Fair. Mark Daily. Feb. 14, 2007. Los Angeles Times. Israel-Palestine Shay Fogelman. August 16, 2024. Haaretz. Steven Scheer and Ali Sawafta. August 14, 2024. Reuters. July 2, 2024. Al Mayadeen English. Steve Crawshaw. January 26, 2024. The Guardian. Patreon August 12, 2024. Patreon. C-SPAN Fundraiser C-SPAN. Bills: NDAA 2025 Audio Sources July 30, 2024 Senate Committee on Armed Services Witnesses: Jane M. Harman, Chair, Commission on the National Defense Strategy Eric S. Edelman, Vice Chair, Commission on the National Defense Strategy Clips 26:20 Sen. Roger Wicker (R-MS): The document details the way in which the 2022 National Defense Strategy and Assessment, completed just two years ago, did not adequately account for the threat of simultaneous and increasingly coordinated military action by our four primary adversaries. A group which I have come to call the Axis of Aggressors. Sen. Roger Wicker (R-MS): I appreciate the Commission's recommendation that national security spending must return to late Cold War levels — a goal which matches my plan to spend 5%, eventually, of GDP on defense. That level of investment would be temporary. It would be a down-payment on the rebuilding of our national defense tools for a generation. Tools that have sharpened can reduce the risk that our adversaries will use military force against US interests. 33:10 Jane Harman: The threats to US national security and our interests are greater than any time since World War II, and more complex than any threats during the Cold War. 34:00 Jane Harman: Sadly, we think, and I'm sure you agree, that the public has no idea how great the threats are and is not mobilized to meet them. Public support is critical to implement the changes we need to make. Leaders on both sides of the aisle and across government need to make the case to the public and get their support. Eric Edelman: There is potential for near-term war and a potential that we might lose such a conflict. The partnership that's emerged among China, Russia, Iran, and North Korea is a major strategic shift that we have not completely accounted for in our defense planning. It makes each of those countries potentially stronger militarily, economically, and diplomatically, and potentially can weaken the tools we have at our disposal to deal with them. And it makes it more likely that a future conflict, for instance, in the Indo-Pacific, would expand across other theaters and that we would find ourselves in a global war that is on the scale of the Second World War. Eric Edelman: The 2022 NDS identified China as the pacing challenge. We found that China is, in many ways, outpacing the US. While we still have the strongest military in the world with the farthest global reach, when we get to a thousand miles of China's shore, we start to lose our military dominance and could find ourselves on the losing end of a conflict. China's cyber capabilities, space assets, growing strategic forces, and fully modernized conventional forces are designed to keep us from engaging in the Taiwan Strait or the South or East China seas. China, as has been testified to before Congress, has infiltrated our critical infrastructure networks to prevent or deter US action by contesting our logistics, disrupting American power and water, and otherwise removing the sanctuary of the homeland that we have long enjoyed. 38:00 Eric Edelman: For its part, Russia has reconstituted its own defense industrial base after its invasion of Ukraine much more rapidly than people anticipated. Vladimir Putin seeks to reassert Russia as a great power and is happy to destabilize the world in order to do so. 38:15 Eric Edelman: Our report describes the threats posed by Iran, North Korea, and terrorism as well. Clearly, Iran and North Korea both feel emboldened by the current environment, and terrorism remains a potent threat fueled by the proliferation of technology. As the DNI has said, the current war in the Middle East is likely to have a generational impact on terrorism. 39:20 Jane Harman: First finding: DoD cannot and should not provide for the national defense by itself. The NDS calls for an integrated deterrence that is not reflected in practice today. A truly all elements of national power approach is required to coordinate and leverage resources across DoD, the rest of the Executive branch, the private sector, civil society, and US allies and partners. We agree with the NDS on the importance of allies, and we commend the administration for expanding and strengthening NATO and building up relationships and capabilities across Asia. We also point out ways for the United States to be better partners ourselves, including by maintaining a more stable presence globally and in key organizations like NATO. We call for reducing barriers to intelligence sharing, joint production, and military exports so we can better support and prepare to fight with our closest allies. 40:25 Jane Harman: Second recommendation is fundamental shifts in threats and technology require fundamental change in how DoD functions. This is particularly true of how DoD works with the tech sector, where most of our innovation happens. We say that DoD is operating at the speed of bureaucracy when the threat is approaching wartime urgency. DoD structure is optimized for research and development for exquisite, irreplaceable platforms when the future is autonomy, AI and large numbers of cheaper and attritable systems. I know this because I represented the Aerospace Center of Los Angeles in Congress for so many years, where exquisite, irreplaceable satellite platforms were built. And now we know that there is a plethora of commercial platforms that can do many of the same things and offer redundancy. DoD programs like Replicator and the Defense Innovation Unit and the Office of Strategic Capital are great, but they're essentially efforts to work around the larger Pentagon system. 42:00 Eric Edelman: Mr. Wicker, you raised the issue of the foresizing construct in your opening statement, and we, as you noted, found that it is inadequate. I mean, it was written actually before the invasion of Ukraine and before the emergence of this tightening alliance between Russia and China. And we propose that the force needs to be sized, the joint force, in conjunction with US allies and partners, to defend the homeland, but simultaneously be able to deal with threats in the Indo-Pacific, Europe, and the Middle East. These are not all the same fights, so different elements of the force would be required in different parts of the globe, but US global responsibilities require a global military response as well as a diplomatic and economic one. 43:20 Eric Edelman: The DoD workforce and the all-volunteer force provide us with a kind of unmatched advantage, but recruiting failures have shrunk the force and have raised serious questions about the sustainability of the all-volunteer force in peacetime, let alone if we had to mobilize for a major conflict or a protracted conflict. 44:30 Jane Harman: Additionally, we think that Congress should revoke the 2023 spending caps and provide real growth — I know Senator Wicker loves this one — for fiscal year 2025 defense and non-defense national security spending that, at a bare minimum, falls within the range recommended by the 2018 NDS Commission. That range was never achieved. Subsequent budgets will require spending that puts defense and other components of national security, other components jointly across government and the tech sector and partners and allies, on a glide path to support efforts commensurate with the US national efforts seen during the Cold War. Jane Harman: We agree on a unanimous basis that the national debt is its own national security challenge. If we want to approach Cold War levels of spending, we need to increase resources and reform entitlement spending. 45:40 Jane Harman: During the Cold War, top marginal income tax rates were above 70% and corporate tax rates averaged 50%. We don't call for those numbers, but we are calling for an increase in resources and point out that interest on the debt is higher than our total top line of defense spending. 49:55 Jane Harman: The notion of public service isn't new as you know, Mr. Chairman, it's been around for years. It was around when I served in Congress, and Congress did not act on any of the proposals that I saw. It is still a way to get all of the public, at the proper age, engaged in understanding the requirements of citizenship. A lot of our young people have no earthly idea, sadly, because they have no civic education, what our government really is and what are the ways to serve. And surely one of the most honorable ways to serve is as a member of the military, you did it, and other members of this committee have done this. And I think that is the way to revive a kind of sense of coherence and patriotism that we are lacking right now. Eric Edelman: We have not really, as a society, talked about the need for national mobilization, but if the worst were to happen and some of the worst scenarios we discuss in our report were to come to pass and were we to face a global conflict, it would require mobilization on the scale of what we did as a nation during World War II. And we haven't done that in a long time. We haven't thought about that in a long time. There are a lot of elements to it, including stockpiling strategic materials, but being able to rapidly bring people into the military, et cetera, I just don't think we are prepared to do it. I think we have to have a national discussion about this, and I think it goes hand in hand with the earlier discussion you had with my colleague about public service and serving the nation. 52:05 Sen. Jack Reed (D-RI): We had in World War II, two years, essentially from September 1st, 1939 to December 7th, 1941, to prepare. And I doubt we'll have two years to prepare in this environment. Eric Edelman: President Putin, in some ways, has done us a bit of a favor by having invaded Ukraine and exposed, as a result, some of the limitations of US defense industrial production, and shown that it's grossly inadequate to provide the equipment, technology, and munitions that the US military and our allies and partners need today, let alone given the demands of a potential future conflict, which might be even more taxing. Jane Harman: I remember being a member of the Defense Policy Board when Jim Mattis was Secretary of Defense, and his piece of advice to us was, let's do everything we can to keep Russia and China apart. Well, oops, that has not happened. And there is this close friendship and collaboration between them. You asked how is it manifested? Well, we see it most at the moment in Ukraine, where Russia was the aggressor violating international law and invading Ukraine, and China is a huge help to Russia in evading our sanctions by buying Russian gas and by its efforts to ship into China material for the war. And then you add in, as you mentioned, Iran and North Korea, which are suppliers of drones and other lethal material to Russia. And this unholy alliance, or I think you call it Alliance of Aggression, is extremely dangerous. Let's remember that both North Korea has nuclear weapons, Iran is at breakout for nuclear weapons, and the other two countries are nuclear countries. And where this goes is, it seems to me, terrifying. And that is, again, why we need to leverage all elements of national power to make sure we deter these countries from acting against us. Eric Edelman: Ukraine offered to give up, and I was involved in some of the diplomacy of this back in the nineties, the nuclear weapons that were left on its territory after the end of the Soviet Union. As a result of that, Ukraine gave them up, but in exchange for assurances from the United States, Russia, Great Britain and France, that its territorial integrity would be recognized along the borderlines that existed before the 2014 seizure of Crimea by Putin, which was a violation of those undertakings. If our assurances in the non-proliferation realm in this instance are shown to be hollow, it will raise questions in the minds of all of our allies about the assurances we've given them, our extended deterrent assurances, whether it's for our allies in Europe, part of our multilateral NATO alliance, or our bilateral allies in East Asia, or our partners, parts of special relationships we've developed in Middle East with Israel, the Kingdom of Saudi Arabia, the UAE, and Egypt and others. So the whole fabric, frankly, of the international order is at risk here, depending on the outcome in Ukraine. And to your point, if Putin is successful in Ukraine, the lesson that Xi Jinping is likely to draw is that he too can be successful in Taiwan or in the East China Sea or the South China Sea. Eric Edelman: Nuclear deterrence, Senator Fisher, is the fundamental on which everything else is built in terms of our national security. It's operating every day. It's not visible to American citizens, but the fact of our nuclear deterrent force, all three legs of the triad being available is the most powerful deterrent that we have to conflict. It's not sufficient, but it is the absolute basis, and we really, I think, agreed with the conclusion our colleagues on the Strategic Posture Commission reached, which is that we have to move forward with alacrity on all the elements of modernization of the nuclear triad. That's the GBSD Sentinel Program, that is the B-21, that is the Ohio replacement class. All of those things have to be accomplished and there are problems. One of the reasons we highlighted education is that some of the problems that GBSD are running into have to do with lack of skilled workers to be able to pour the kind of special reinforced concrete that you need for the new silos for missiles, the new control systems for missiles. We lack welders in the submarine industrial base, as Senator Wicker knows well. So there's a lot that has to be done across the board in order to move forward with nuclear modernization, but it is absolutely fundamental to our ability to deter aggression against our allies and of course against the homeland. Eric Edelman: The force right now is too small, and so we have to grow the force, and that's in the face of the recruiting challenges that we've highlighted in the report that the Army in particular, but also the Navy and the Air Force have faced. Sen. Deb Fischer (R-NE): And I'm going to interrupt you. Please. Why is it too small? Can you explain in this setting the threats that we are facing when we look at the adversaries that we face and how that has changed over the last decade? Eric Edelman: It's too small, in part because the Department was sizing itself for one conflict. But if you have to be present in three theaters, as we are now, we've got conflicts in two theaters now, if we have a third conflict in the third theater, it's going to require a lot more forces. People talk, for instance, about the Indo-Pacific being largely a Navy and Air Force fight. That's correct, but the logistics that support the Navy and the Air Force will largely be manned by the Army. And so we have to have an Army that is sufficiently large that it can operate in all of these places, potentially simultaneously, because honestly, it is very hard to imagine today a conflict in the Indo-Pacific that doesn't become a global conflict very quickly. Someone asked earlier in the hearing about cooperation between Russia and China. The last time I testified before this committee was two years ago about the so-called "Three Body Problem," Russia and China being both nuclear peers of the United States. And one of the criticisms that was leveled at my colleague, Frank Miller and me, was that, well, there's no evidence that Russia and China are collaborating in the nuclear area. Well, we just saw them flying strategic bombers together up near Alaska, so I don't know what more evidence you want that they're beginning to collaborate in that strategic area. Eric Edelman: If we got into some kind of conflict in the Indo-Pacific, whether it be over Taiwan or the South China Sea or East China Sea, what might Russia do? One thing that comes to mind is take advantage of the separatist movement in Moldova to move on Moldova, a country that's trying to move closer to the European Union and to the West, which would then precipitate additional conflict in Europe, or take advantage of the ethnic Russian speaking minorities in the Baltic states, say Latvia, to initiate a conflict there. How would we manage that? When you raise that question with Department [of Defense] leaders, they basically say, well, that — to go back to the chairman's point earlier — well that would be sort of like World War II or would require national mobilization, and that's correct, but we haven't really taken the next steps to really focus on what that and what a protracted conflict would actually look like. We're optimized to fight very short wars. 1:21:00 Sen. Mike Rounds (R-SD): There are five different domains in which our country will be attacked in the future. Air, land, and sea, most people would understand, but space and cyberspace are the new domains, which will precede any attack on the first three. Jane Harman: On cyber, it's a huge threat and I don't think we minimize it in any way. One of the things we might anticipate, for example, is if China decides to annex Taiwan, or whatever euphemism they might use, they might engage in a major cyber attack here first, for which we are under-prepared, a cyber attack of our infrastructure. When I was in Congress, I represented the Port of Los Angeles, which with the Port of Long Beach is the largest container port complex in the country. 50% of our container traffic enters and exits through those ports. There are cranes on the port to move the cargo, and those cranes have Chinese technology. So guess what? Sen. Mike Rounds (R-SD): All of which are subject to the possibilities of cyber attack. Jane Harman: Absolutely. We should anticipate that our ports could go down. Sen. Mike Rounds (R-SD): Throughout our entire society, we find that to be the case though. Jane Harman: I'm agreeing with you and this is devastating. Does the American public understand this? No. Jane Harman: You also mentioned space. Again, something I know something about, since I used to call my district the aerospace center of the universe, where most of our intelligence satellites were made. We are more dependent on space as a country and more vulnerable in space because of that dependency than any other country. Shoring up space, which is one of the threats we address, is absolutely crucial. And it's not just military space, but commercial space. You talked about communication. A lot of how we communicate is through commercial space and think how inconvenienced the public would be if all of a sudden their little devices, which we're all dependent on, didn't work. Sen. Tommy Tuberville (R-AL): What's hurting us too is a lot of our government schools, I call 'em government schools because I went in thousands of them while I was coaching, recruiting, and the problem we have is hate that's being taught in a lot of our government schools, towards our country. Why would any young man or woman want to fight for a country that they don't believe in, that they're being taught to hate? It's absolutely amazing to me the direction this country is going. So is there any agreement there, Representative Harman? Jane Harman: There is agreement there. I think hate on both sides is totally destructive. I think the absence of civics education and the absence of institutions that help people understand what patriotism means. We had a conversation about national service, which might be a way to get all of our youth back together. I mean, this country sadly, is in a point where many people say our biggest enemy is us fighting each other. 1:33:35 Jane Harman: One of the problems is the kind of deployments the military does every two years. Moving somewhere where in many cases the spouse works and having to change his or her job every two years is very burdensome. It's also hard on kids, and so that could change. 1:36:20 Eric Edelman: The BRICS was actually kind of an invention of Goldman Sachs. It's not really a serious military organization. Jane Harman: But I think that Congress is somewhat complicit in the way the budget process doesn't work, and this insistence on requirements and oversight rather than on what is the problem set we are solving for, which is how the tech sector thinks. I've been making a comment about DIU, the Defense Innovation Unit, that was set up by the late Secretary Ash Carter, that maybe we should outsource the Pentagon to DIU, which is ably headed by someone named Doug Beck, who had 11 years experience in the private sector, because they know how to think about this. I couldn't agree with you more. The budget of DIU is $1 billion out of $850 billion. Doug Beck says he can leverage that. Sen. Angus King (I-ME): It's technologies that win wars, new technology, right? Jane Harman: I'm in violent agreement with you. He says he can leverage that into $50 billion of commercial investment, but that's still a pittance compared to the kind of change we need to undergo. Not just at the Pentagon, but at the Pentagon lashed up with other government agencies, with the tech sector, and with partners and allies. That is our point about all elements of national power, which will win the next war. 1:42:55 Sen. Tom Cotton (R-AR): Ambassador Edelman, you spoke with Senator Fischer about the multiple theater force construct. Basically the kind of threats we're planning for, and there's a time when this nation planned to fight two major wars at a time, and I think now we're down to a force that can fight one conflict and protect our homeland, and hopefully scare bad guys everywhere else around the world and not starting war. Is that right? Eric Edelman: That is correct. That's what the 2022 NDS describes. Sen. Tom Cotton (R-AR): So that's what our national Defense Strategy says. Is the current force even capable of doing that, in your opinion? Putting aside what it should be capable of doing, which I'll come to momentarily. Can it even do that? Eric Edelman: I think there are very serious questions about whether the force in being could actually execute the strategy. Jane Harman: The word pivot probably should be retired. I don't think we can leave anywhere. I think we have to have an understanding of the threats against us, not just against regions, everywhere. The whole idea of this multiple force construct is flexibility and having an adequate deterrence so we don't engage in more wars. Sen. Joe Manchin (D-WV): In your report you talked about the current force structure that we have, and I think you had identified that the Marines are only ones meeting that. We agree with that. What you failed to do is basically identify why we have not, or why you all did not, take up women being in selective service or joining selective service, because women make up 74% of the healthcare and education industry, 52% of financial activities. They're a tremendously strong force. And there's a lot of women I don't want to go up against. I can tell you that in so many ways. I guess my question is simple. Does the commission support women registering for selective service? Jane Harman: Well, I'll speak for myself. I do. I think that women are, a majority of our population, a majority of the talent pool, many of the most talented women serve on this committee. So yes, they should be. We should be. Sen. Joe Manchin (D-WV): I'll make it clear that what we talked about does not require women to participate in military draft. Jane Harman: I understand. It's registering. Sen. Joe Manchin (D-WV): Yeah, registering, that's all. Jane Harman: And my answer to that is yes. Eric Edelman: Our view was that you have to be able to deter and potentially defeat adversaries in all three of the main theaters that we have been engaged in since the end of the Second World War, and which we repeatedly engaged in. I mean, there's been no shortage of efforts to try and extricate the United States from the Middle East. The last NDS in 2018 said we should be willing to run risk in the Middle East. I think on October 7th we got a sense, and then again on April 13th, of what running additional risk means in the Middle East. So it's our view that we have to be able to manage to do all of those things. Eric Edelman: The homeland, if there's a conflict, is not going to be a sanctuary anymore. And the first attacks will likely be in the cyber domain, and they will be incredibly disabling for our society, but also for the department. But getting all of the agencies of government that would have a role in all this, because it goes beyond just DoD, it goes beyond just DHS, I mean, it goes to the Department of Transportation, it goes to Commerce. I mean, it's an unbelievably complex issue. And we're only now wrapping our minds around it and it needs a lot more work and attention from the department. Jane Harman: The public is essentially clueless about the massive cyber attacks that could be launched any day by our adversaries, not just nation states, but rogue actors as well. Music by Editing Production Assistance

When Congress returned to work after the Republican National Convention, the House held three hearings investigating the attempted assassination of former President Donald Trump. In this episode, hear for yourself the facts presented by the Director of the Secret Service, the Pennsylvania State Police Commissioner, and the FBI Director during their 15 hours of testimony. Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Background Sources Recommended Congressional Dish Episodes Cheatle’s Failures Rep. James Comer and Rep. Jamie Raskin. July 22, 2024. House Committee on Oversight and Accountability. Julia Reinstein et al. July 16, 2024. ABC News. Would-be Assassin Emily Cochrane et al. July 19, 2024. The New York Times. Bernd Debusmann et al. July 19, 2024. BBC. Gaza Death Toll Rasha Khatib. July 20, 2024. The Lancet, Volume 404, Issue 10449. Audio Sources July 24, 2024 House Committee on the Judiciary Witnesses: Christopher Wray, Director, Federal Bureau of Investigation Clips Time stamps correspond to C-SPAN version 31:20 Christopher Wray: I'm told that the father purchased the firearm in 2013, so quite a while ago, and then he sold it to his son in October of 2023. 43:05 Christopher Wray: The reason why I've talked about how we think he got on the roof is that's based our evidence response to forensic analysis. Without getting into all the details, footprints, fingerprints, et cetera, that we can see how he got on. But we don't have an eyewitness at the moment who saw him climbing up. 43:25 Christopher Wray: A few minutes before the shooting, local law enforcement saw him on the roof. Again, no weapon identified at that point. A few seconds before the shooting is when the law enforcement officer that I've talked about already, the one who was assisted by another officer who saw up on the roof, saw the shooter in a prone shooting position with the gun. He turns… Rep. Barry Moore (R-AL): How long did that happen before? Christopher Wray: That sighting, that is the first time, to my knowledge, the first time anybody from law enforcement saw him with a weapon. That is seconds before he shot at President Trump. July 24, 2024 House Committee on the Judiciary Witnesses: Christopher Wray, Director, Federal Bureau of Investigation Clips Time stamps correspond to C-SPAN version 25:30 Christopher Wray: We have recovered eight cartridges on the roof. 28:05 Rep. Dan Bishop (R-NC): Have you developed any evidence to so suggest that there are any accomplices or cooperators or assisters? Christopher Wray: Not at this time, but again, the investigation is ongoing. 36:10 Christopher Wray: So we have recovered a drone that the shooter appears to have used. It's being exploited and analyzed by the FBI lab. The drone was recovered in his vehicle, so at the time of the shooting, the drone was in his vehicle with the controller. In addition, our investigation has uncovered -- Rep. Jim Jordan (R-OH): Do you know what time of day he flew it and if he flew it on the day of the shooting? Christopher Wray: So in addition, it appears that around 3:50-4:00PM, in that window, on the day of the shooting, that the shooter was flying the drone around the area. Rep. Jim Jordan (R-OH): Two hours before? Christopher Wray: I want to be clear about when I say the area, not over the stage and that part of the area itself, but I would say about 200 yards, give or take, away from that, we think, but we do not know. So again, this is one of these things that's qualified because of our ongoing review, that he was live streaming, viewing the footage from that. Again, about 11 minutes and around the 3:50-4:00 PM range. Rep. Jim Jordan (R-OH): Two hours before, he's flying a drone in the vicinity of the rally. Christopher Wray: About 200 yards away, yes. 37:25 Rep. Jim Jordan (R-OH): What about the bombs that we've heard about in the shooter's car? Christopher Wray: So again, the FBI lab is exploiting those explosive devices. We've recovered three devices, two in his vehicle and one back in his residence. Rep. Jim Jordan (R-OH): Are these what your experts would call sophisticated operations? I dunno. That's what I've been told by people who have some understanding of this area. Christopher Wray: Yeah, I think we've seen more sophisticated and less, I would say these are relatively, again, keyword relatively, crude devices themselves, but they did have the ability to be detonated remotely. And so to that point, in addition to the two devices that we recovered out of his vehicle, there were receivers for those two explosive devices with the devices. And then on the shooter himself, when he was killed by law enforcement, he had a transmitter with him. Now, I do want to add one important point here. At the moment, it looks to us, again, ongoing review, and I can't say that too many times, at the moment, it looks like because of the off position on the receivers, that if he had tried to detonate those devices from the roof, it would not have worked. But that doesn't mean the explosives weren't dangerous. 1:23:00 Christopher Wray: I think it's fair to say that we do not yet have a clear picture of his motive. 1:25:30 Christopher Wray: We located a number of firearms associated with the shooter and his family. I think it was a total of, I think 14 in the house. The weapon that he used for the attempted assassination was an AR-style rifle that was purchased legally that he, its my understanding, acquired, I think bought actually from his father, who was the one who originally bought it, again, legally. 1:46:20 Christopher Wray: So we do know that he purchased a ladder. I think if I recall correctly, it was about a five foot tall type of ladder. But importantly, we did not find the ladder at the scene. So it's not clear that he used the ladder to get on top of the roof. 1:52:40 Christopher Wray: The weapon had a collapsible stock, which could explain why it might've been less easy for people to observe, because one of the things that we're finding is people have observed him. The first people to observe him with the weapon were when he was already on the roof, and we haven't yet found anybody with firsthand observation of him with the weapon walking around beforehand. 1:54:00 Christopher Wray: There were no pictures or videos on the drone of the day of the rally, for example. But we have been able to reverse engineer the flight path of the drone from the day of the rally, and that's how we know that for about 11 minutes from, I think it's around 3:50 PM to 4:00 PM, somewhere in that range, he was flying the drone and we have the flight path, and it's about 200 yards away from where former President Trump would ultimately be speaking. And so that would've primarily given him a vantage point. I'm trying to think how to describe this. If the former President's podium is that way, the drone would be over here looking, say 200 yards again, off this way, looking back, so it would've shown the shooter -- we think, again, we're still doing more work on this. I really want to qualify what I'm saying, but I'm trying to be transparent and lean in here -- we think it would've shown him kind of what would've been behind him. Rep. Andy Biggs (R-AZ): When you say behind him, behind the shooter. Christopher Wray: Correct. In other words, almost like giving him a rear view mirror of the scene behind him, except again, he wasn't flying it overhead while he was later back for the assassination. Rep. Andy Biggs (R-AZ): But he would've had, with the drone, he would've been able to also assess, because the stage, I assume, was already set, he'd be able to assess that angle with rooftop as well, forward and backward, I assume. Christopher Wray: Well, certainly going towards the podium, again, we're still trying to figure out exactly what he saw, because having to, in effect, because there's no recording of what he saw during those 11 minutes, our hypothesis at this point, the experts think he would've been live streaming it, and so we're trying to, in effect say, okay, well this was the flight pattern. Given these capabilities of the drone, what would you have seen? What could you have seen for those 11 minutes? And again, it wasn't over the stage or kind of the hub of the rally. It was about 200 yards away, but it looks like it would've been looking, let's say, the length of a football field or so more towards the podium. 1:56:25 Christopher Wray: So again, with the caveat that we're continued to do work on it, we believe that the first time he traveled to the grounds was I think a week before and he spent roughly 20 minutes there. Then he went to the grounds again on the morning of the event. It appears for about 70 minutes, I think. But again, I qualify that. I'd have to go back and look to be sure of that part. And then he came back in the afternoon. So that would be, I guess a third time for good. But that included things like this drone activity we just talked about. 1:58:10 Rep. Adam Schiff (D-CA): Have you been able to gain access to the shooter's electronic communications, social media, and -- with the caveats that you mentioned that the investigation is still early -- have you been able to make any deductions or are there any indications of the shooter's motivation from those electronic holdings? Christopher Wray: So in terms of our ability to access it, we have been able to get into and exploit a number of electronic devices, digital devices, but not all of them yet. And then within his various accounts, we've been able to get access to some of them, but some of them we're still waiting on. Some of them we may never get access to because of the encryption issue. It presents an increasingly vexing barrier for law enforcement, not just the FBI, but for law enforcement all over the country. 1:59:30 Christopher Wray: It does appear fairly clear that he was interested in public figures kind of more broadly, and I think this is important, that starting somewhere around July 6th or so, he became very focused on former President Trump, on this rally. And so one of the things that I can share here today that has not been shared yet is that we've just in the last couple of days, found that from our review, to your point about devices, analysis of a laptop, that the investigation ties to the shooter reveals that on July 6th he did a Google search for "how far away was Oswald from Kennedy." And so that search obviously is significant in terms of his state of mind. That is the same day that it appears that he registered for the Butler rally. 2:15:30 Christopher Wray: So I know it was a Secret Service counter sniper who took the shot that eliminated the shooter. 2:15:50 Rep. Thomas Massie (R-KY): You mentioned that the would-be assassin bought a five foot ladder, you have credit card evidence of that. But it looks like on the scene there was a larger ladder that he might've used. Do you know which ladder he used to get to the roof? And do you have possession of that five foot ladder and the other ladder? And do you know how the taller ladder got to the scene? Christopher Wray: So this whole business about the ladder is something we're drilling into more. We do have possession of the five foot ladder that he purchased close in time to his attempted assassination that we've traced the purchase of that ladder from a receipt, a bloodied receipt that he had on him at the time his body was recovered on the roof. We do not yet know for sure how exactly he got up on the roof. We're looking at various forensic pieces to try to kind of piece that together. So more to come on that. Rep. Thomas Massie (R-KY): Do you know where the five foot ladder was found or retrieved? Was it near the roof or was it still in his vehicle? Christopher Wray: Neither. I don't have it in front of me, but I know that it was not, I know that it was not on scene and I know that it was not in his vehicle. 2:17:55 Christopher Wray: From everything we've seen, which is consistent with what we've learned in interviews, a lot of people describe him as a loner. That does kind of fit with what we're seeing in his devices. His list of contacts, for example, is very short compared to what you would normally see from most people. So it doesn't appear to be a whole lot of interaction between him, face-to-face or digital, with a lot of people. 3:00:50 Christopher Wray: We now believe that the subject climbed onto the roof using some mechanical equipment on the ground and vertical piping on the side of the AGR building. In other words, we do not believe he used a ladder to get up there. 3:07:25 Christopher Wray: He was a fairly, avid might be a little strong, but a fairly avid shooting hobbyist, and so he belonged to different clubs and went to certain ranges and that kind of thing. We do believe, based on what we've seen so far, that he went to a shooting range the day before and that he shot an AR-style rifle at that range the day before. I am not sure we know for sure that it's the weapon that he used, but I think we assessed that it probably is. July 23, 2024 House Committee on Homeland Security Witnesses: Colonel Christopher L. Paris, Commissioner, Pennsylvania State Police Patrick Yoes, National President, Fraternal Order of Police Clips Time stamps correspond to YouTube version 23:35 Rep. Mark Green (R-TN): Colonel Christopher Paris serves as the commissioner for the Pennsylvania State Police. In this role, he exercises command, administrative and fiscal authority over the Pennsylvania State Police, the 10th largest police agency in the United States. Commissioner Paris has served in the Pennsylvania State Police since his enlistment in 1999. 23:55 Rep. Mark Green (R-TN): Mr. Patrick Yoes currently serves as the president National Fraternal Order of Police. In this role, Mr. Yoes leads the order and its more than 367,000 law enforcement members in representing police officers in the profession. Prior to taking his current role, Mr. Yoes served an impressive 36 years as an active law enforcement officer. 25:45 Col. Christopher L. Paris: Prior to the shooting, our role was to support the Secret Service with personnel and assets that they requested. Our operation plan, completed to fulfill this responsibility consisted of 32 members, and we had two main responsibilities, a motorcade operation for the transportation with the Secret Service of former President Trump, as well as manning and staffing security posts inside the secure area of the Butler County Farm Show. Additionally, we provided two marked cars with uniformed troopers outside of the secure perimeter to provide roving duties, as the name implies, responding to incidents that may occur as a large gathering of people were moving to the venue. 1:22:10 Col. Christopher L. Paris: I would say from my experience and from state police operations to include this event as planned in our operations plan, we had integrated communications by having RPSP personnel in the Secret Service Command post. Rep. Mark Green (R-TN): So your person was in there, in that command post on this event? Col. Christopher L. Paris: Yes, sir. 1:22:45 Col. Christopher L. Paris: There's a lot of talk about interoperability and communications. The state police, for example, operate our own statewide radio network, so we have the ability to, if we have an incident, a long protracted incident, for example, where we need to patch other agencies in, we have the capability to do that. However, Secret Service, for example, maintain some additional encrypted communications. So the best way to integrate unified command… Rep. Mark Green (R-TN): Is physically present in the command site. Col. Christopher L. Paris: That would be our, yeah. Rep. Mark Green (R-TN): That's how the Army does it and the military Col. Christopher L. Paris: I would expect our commanders to have personnel in there so that we could have radio communication, as well as a redundancy in the operations plan with a telephonic backup. 1:25:30 Col. Christopher L. Paris: The final walkthrough occurred on the 11th. Present at that meeting were the two commanders that were tasked with both staffing the security checkpoints on the interior of the secure perimeter, as well as the commander who was going to be in charge of the motorcade. But in addition to that, a PSP area commander was on that walkthrough, holding the rank of Major. Rep. Mark Green (R-TN): Could you share a little bit of insight? I appreciate the timeline, but could you share a little bit specific to the AGR building? Col. Christopher L. Paris: So on that walkthrough, our area commander asked specifically who was responsible for the AGR building, and we were told that Butler ESU was responsible for that area by several Secret Service agents on that walkthrough. 1:26:35 Rep. Mark Green (R-TN): The slope of the roof, would that have prevented a sniper from being up there? Col. Christopher L. Paris I don't believe so, sir. Rep. Mark Green (R-TN): Okay. 1:29:40 Rep. Bennie Thompson (D-MS): President Yoes, in your comments, you talked about the need for communication. You talked about FirstNet. We have federal, state, and local law enforcement at an event like what we're talking about in Butler, but in our conversation with some of the locals, not state police, but the sheriff's department and the chief of police in Butler yesterday, those individuals did not have communication with state police or Secret Service. Would that, in your professional opinion, be a vulnerability for managing an event like this? Patrick Yoes: Well, I think we can go back to 9/11. When we identified at that time that the inoperability of different agencies to be able to communicate really was a hindrance. There's an infrastructure in place now to address these inoperabilities, but at the same time, they're not always utilized in every event. I do not have any direct knowledge whether that was the issue here, but I can tell you it is a common issue in law enforcement and an ability for our agencies not to be able to communicate, not that the technology is not necessarily there, it's because that they're not always incorporated. 1:31:10 Rep. Bennie Thompson (D-MS): Yeah, we passed legislation mandating, obviously, FirstNet interoperability, and we tied funding to make sure that that happens. But here we are looking at this situation and we picked up some valuable information that we are still not where we need to be on that. 1:32:25 Rep. Bennie Thompson (D-MS): Butler, Pennsylvania has no permitting process for events of that size, so you can announce it and hold it, and local government doesn't really have anything to do with it. And we were assured by local government that they would try to fix that. They said, we have to be more involved in events of this size, so that if this was not the best venue, then that permitting could have gotten engaged and suggested an alternate venue. 1:42:25 Rep. Eric Swalwell (D-CA): How many rounds did the shooter fire before he was killed? Do you know? Col. Christopher L. Paris: I believe that the number is eight casings have been recovered. 1:55:05 Rep. Dan Bishop (R-NC): Colonel Paris, are you aware whether any law enforcement officer or officers was or were posted in the second floor window of the AGR building? Col. Christopher L. Paris: I am aware, yes, sir. Rep. Dan Bishop (R-NC): And what is the answer? Col. Christopher L. Paris: To my knowledge, there were two posted there from Butler ESU. Rep. Dan Bishop (R-NC): And you said Butler ESU. What does the acronym ESU stand for? Col. Christopher L. Paris: Emergency Services Unit. It's a team that's comprised of multiple agencies that pool resources on a county or several county basis in order to enhance capabilities and training and be able to respond. Basically a mutual aid agreement is my understanding of it. Rep. Dan Bishop (R-NC): Is it sort of like a SWAT team? Col. Christopher L. Paris They are trained in SWAT tactics, to my knowledge, yes. Rep. Dan Bishop (R-NC): So how many ESU officers were posted to that second floor window? Col. Christopher L. Paris: I am aware that two were in the building, but again, I have not seen the Secret Service operations plan. Rep. Dan Bishop (R-NC): Do you know, you say in the building, were they in a window? A window out onto the scene? Col. Christopher L. Paris: From briefings that I have been given, I was told they were in a window, yes, sir. Rep. Dan Bishop (R-NC): Did they remain on Post? Col. Christopher L. Paris: I was told that at a certain point they began searching along with other local officers in the immediacy after Crooks had been identified as suspicious by them. Rep. Dan Bishop (R-NC): By them? Col. Christopher L. Paris: My understanding is that they identified Crooks for not matriculating. To my knowledge, Crooks never made it through the Secure Perimeter into the venue space itself. He was identified by those members as suspicious in part because of that. And then at some point he produced the range finder, which heightened that. 1:57:30 Rep. Dan Bishop (R-NC): Was it from this vantage point that those ESU officers spotted Crooks? Col. Christopher L. Paris: I don't know that particular window, but my understanding is from a second story window is where he was initially spotted. 1:57:45 Rep. Dan Bishop (R-NC): So are you then saying that, to your knowledge, those ESU officers left the location where they could look out the window to go in search of this person? Col. Christopher L. Paris: That is my understanding. Rep. Dan Bishop (R-NC): So sometime between the time he was spotted on the ground and identified as someone suspicious until the shooting, they had left that post to go look for him. Is that what you're saying? Col. Christopher L. Paris: My understanding is yes. Along with other municipal officers that responded to that area. And that's based on interviews that we've conducted. And I want to be very clear that I don't want to establish a timeline minute by minute because we don't have that yet. 2:35:40 Col. Christopher L. Paris: So this goes to my earlier qualifier about the timeline, but my understanding of the sequence of events is that he was determined to be suspicious as a result of behavior that he was exhibiting, milling around that area in front of the AGR building. There was a text thread that was going, I've been briefed, between the ESU members. They identified, they took a photo of him at some point. When he utilized the rangefinder, the suspicion was heightened. So I know at a certain point in the command post, a member of PSP received a phone call and a text message from members of ESU, and I know from an interview that that was immediately relayed in the command post to the Secret Service. 2:36:35 Col. Christopher L. Paris: When the PSP member received that information and verbally turned right around, gave it to the Secret Service, our member was provided with a number to which the picture that had been taken by the Butler ESU members, or that was on that group thread, to which that should be sent. Our member did that, and our understanding was that was some element of the Secret Service. 2:37:50 Col. Christopher L. Paris: But at that point, just to be clear, he was determined to be suspicious. There was no information that he possessed a weapon. He was outside of that building where the ESU was posted. They were being vigilant. It's, I think, relevant that there were other people at the venue who were suspicious and reported likewise, in a close temporal nexus to that as well. 2:38:35 Col. Christopher L. Paris: I believe, again, I'll defer to when the President came out. I know that that was probably 20 to 25 minutes before 18:11 hours and steps were taken by the municipal officers over in that area, they were actively looking for Crooks. You saw the building yesterday. That's a pretty wide footprint. They began looking for him. There were scores of people making their way across that facility. Again, just for some context, there were over a hundred people that day requiring medical attention due to the heat. There was a missing 6-year-old. This individual was deemed to be suspicious because he was walking around and not moving into the venue. The rangefinder obviously heightened that, and they were attempting to locate him as people were moving across that space, who were attending the event, to the secure perimeter. 2:41:10 Rep. Dan Goldman (D-NY): You said that many of your officers, or Butler ESU officers, were looking for Crooks. That was after that photograph was relayed to the Secret Service? Col. Christopher L. Paris: My understanding is it was after the photo was relayed to our trooper in the command post. And yes, Crooks was in that area around the building. My understanding is two additional municipal officers who were on a different post responded to that area and they began actively looking for Crooks. They circumscribed the building to try and locate him. It became apparent at some point that he was up on the roof. Those two municipal officers who responded then, to their credit, actively, once they realized that he was on the roof, one boosted the other one up hanging from the ledge of the roof. By the time that officer was boosted up on top of the roof, Crooks was on it almost in that final position that you saw. He had the AR out and he pointed it at the municipal officer who was suspended from the roof, who was not in a position, feet dangling at that point, to draw a weapon or continue hoisting himself back up on the roof. He drops back down from the roof, and at this point, I believe, that's when the video that's been widely circulated with people filming Crooks up on the roof saying there's somebody up on the roof. There were other law enforcement around the building running, but their vantage point on the ground did not lend a clear line of sight to where Crooks was at the top of that building. 2:44:35 Col. Christopher L. Paris: The hoisting up of the officer occurred probably no more -- again, I'm going to give you a time, but I want to just put it in context -- Rep. Dan Goldman (D-NY) We understand it's not specific. Col. Christopher L. Paris: -- of a sequence of events. I would say at most two and a half to three minutes before that first shot rang out. 2:45:00 Col. Christopher L. Paris: The municipal officer saw Crooks. Crooks saw him, and Crooks turned and leveled the gun at him in a position tactically of extreme disadvantage, suspended in the air with your legs dangling after somebody had boosted you up. Rep. Dan Goldman (D-NY): And he let go, right? Col. Christopher L. Paris: He let go and he fell back down. 2:48:30 Rep. Marjorie Taylor Greene (R-GA): Now emergency services noticed Thomas Crooks on the roof -- this is the timeline that we have -- took a picture and reported it. Who did they send that picture to? Col. Christopher L. Paris: Just to be clear, they were posted in the AGR building and took a picture of him. That's what you're referring to. Rep. Marjorie Taylor Greene (R-GA): Yes, who did they send the picture to? Col. Christopher L. Paris: I only know from interviews what I can confirm to my knowledge and belief here today, that a member of Pennsylvania State Police inside of the command post received that information telephonically and by text, relayed it to the Secret Service, and then was given a number to follow up on and that was based, again, heightened suspicion. Rep. Marjorie Taylor Greene (R-GA): How did they relay it to Secret Service? Col. Christopher L. Paris: I believe that they verbally turned and said in the command post, this is information that I just received. And then in follow up to that, as directed from the interview that I was briefed on, that was forwarded by text as requested by the Secret Service. 2:56:10 Rep. Nick LaLota (R-NY): Were there other folks who were also in the crowd identified as suspicious by law enforcement? Col. Christopher L. Paris: I have been briefed that yes, there were multiple individuals, which would be consistent with normal operations for a detail like this, that are identified as suspicious. Rep. Nick LaLota (R-NY): Can we take that as a single digit number of other folks? Col. Christopher L. Paris: The number that I was briefed on was single digit, but I can't say definitively that I was -- Rep. Nick LaLota (R-NY): What number were you briefed on, Colonel? Col. Christopher L. Paris: I believe I was briefed on an additional three individuals. 3:03:25 Col. Christopher L. Paris: I'm aware of three radio systems in operation: PSP's, the Secret Service, and Butler County's. Rep. Morgan Luttrell (R-TX): All communicating on different channels. Col. Christopher L. Paris: Technically, yes, but, I can only speak from PSP, our integration occurs by us having somebody inside of the Secret Service Command post. Again, for an incident of this magnitude, in theory, the more people you have on the same channel, if there was a medical emergency or a lost 6-year-old and everybody keys up at once, it paralyzes your communication. 3:14:45 Rep. Rob Menendez (D-NJ): From the time that a law enforcement officer was hoisted up, was identified by the shooter, the shooter turns his rifle on him, how long between that encounter and the first shot? Col. Christopher L. Paris: So, I'm glad you asked me that question, Congressman. I'd like to clarify. So it was a matter of seconds. Rep. Rob Menendez (D-NJ): Alright, because I think earlier it might've been minutes. Col. Christopher L. Paris: Correct, and I appreciate you asking that question, you allowing me to clarify that on the record. When I assigned that number, which again, I don't want get locked into a timeline, of three minutes before, that's probably a total amount of time that he was on the roof. When the one local officer hoisted the other one up and subsequently falls, releases himself after being faced with that -- Rep. Rob Menendez (D-NJ): The shooter shuffles across the roof and takes his first shot -- Col. Christopher L. Paris: He's already, I believe, close to being in his final position there, and I'm told it's again, sequence of events, not a timeline based on the prior criteria laid out, but seconds after that is when the first shots rang out. 3:24:20 Patrick Yoes: There's no doubt when you look at how many people are involved in an operation like this, having everyone on one channel is difficult. But there are people within contained areas and their ability to be able to communicate as things change across platforms is crucial. In this case, we know that in seconds things unfolded and in seconds getting meaningful communication out to people who might be able to act on that communication is vital. So I think there's avenues here. I agree that not everyone should be on the same channel, but there are certain people within certain areas and perimeters that should be having communication or the ability to communicate a little more freer. 3:37:20 Rep. Eli Crane (R-AZ): Now that you've had a chance to go back and look over it, what is the tallest structure on that site? Col. Christopher L. Paris: The water tower, sir. Rep. Eli Crane (R-AZ): Absolutely. Colonel, do you know how far the water tower was from the roof where the shooter took his shots? Col. Christopher L. Paris: I do not. Rep. Eli Crane (R-AZ): 160 yards, sir. Who made the decision, Colonel, not to put a counter sniper team on the tallest structure by far on the site with 360 degree surveillance? Do you have any idea? Col. Christopher L. Paris: I do not know, sir. Rep. Eli Crane (R-AZ): Okay. We'd like to get that answer. 4:02:55 Rep. Mark Green (R-TN): Was Secret Service notified that they were leaving to go look for this guy and thus those eyes on top of the building gone? Col. Christopher L. Paris: I do not know. And the other thing that I do not know is where else Butler ESU sent that information. I have not been briefed on that. Rep. Mark Green (R-TN): Who told them to go look? Do you know if they were told to go look? Col. Christopher L. Paris: I do not know, sir. Rep. Mark Green (R-TN): We just know that they did go look. Col. Christopher L. Paris: Yes, sir. And like I said, a very concerted effort with all of those alcoves and all of those buildings was made. There were two additional officers who, again, I don't know the specifics of the timeline, I don't know the specifics of the logistics of how that information was relayed, but I'm briefed that they came and they made a very concerted effort to try and locate Crooks. 4:12:05 Col. Christopher L. Paris My understanding is the two officers that responded and one hoisted up, the second one were not part of Butler ESU. They were two separate municipal officers who were tasked with a different responsibility. I would speculate, as an example, to say a traffic post or… Rep. Mark Green (R-TN): Understood. Col. Christopher L. Paris: And they responded. I don't know, again, the specifics as to how they were alerted, but just to be clear, they were two separate. Yes, sir. 4:12:30 Rep. Dan Bishop (R-NC): The Butler ESU officers who spotted Crooks, do I understand correctly, they spotted him from the second floor of the AGR building? Col. Christopher L. Paris: That is my understanding. Yes, sir. Rep. Dan Bishop (R-NC): Okay. Were they posted there in order to maintain Overwatch on the roof, or were they generally assigned roving responsibility to be in the vicinity of that building? Col. Christopher L. Paris: I can't answer that, and I would defer to the Secret Service. July 22, 2024 House Committee on Oversight and Accountability Witnesses: Kimberly Cheatle, [then] Director, United States Secret Service Clips Time stamps correspond to YouTube version 19:45 Rep. James Comer (R-KY): A little over a week ago, Americans watched in horror as a shooter attempted to assassinate President Donald J. Trump at a campaign rally in Butler, Pennsylvania. The gunman nearly succeeded. The bullet that struck President Trump's head was less than an inch from taking his life. President Trump survived, but one rallygoer, Corey Comparatore, tragically did not. Two others were seriously injured. It was a horrifying moment in American history. The horror was exceeded only by the bravery of the law enforcement agents who threw themselves in harm's way when shots were fired, the bravery of a crowd unwavering in its refusal to panic, and the bravery of a bloody President Trump refusing to run. 32:55 Kimberly Cheatle: Today we are joined by Kimberly Cheatle, who was sworn into office on September 17, 2022, as the Director of the United States Secret Service. Prior to her appointment, Director Cheatle was Senior Director of Global Security at PepsiCo. Before her role at Pepsi, she served 27 years in the Secret Service. 35:40 Kimberly Cheatle: The Secret Service's solemn mission is to protect our nation's leaders. On July 13th, we failed. As the Director of the United States Secret Service, I take full responsibility for any security lapse of our agency. We are fully cooperating with ongoing investigations. We must learn what happened, and I will move heaven and Earth to ensure that an incident like July 13th does not happen again. Let me state unequivocally, nothing I have said should be interpreted to place blame for this failure on our federal, state, or local law enforcement partners who supported the Secret Service in Butler. We could not do our job without them. 37:05 Kimberly Cheatle: I will be transparent as possible when I speak with you. Understanding, though, at times, that I may be limited in providing a thorough response in this open setting due to associated risks with sharing highly sensitive protective methodologies. 38:30 Kimberly Cheatle: The comprehensive advance process involves collaborative planning between our Secret service, the protectee's staff, and local law enforcement partners. The level of security provided for the former President increased well before the campaign and has been steadily increasing as threats evolve. The security plan included a full assessment of the Butler Farm Show grounds to identify security vulnerabilities and craft a security plan for the protectee, attendees, and the public. Immediately following the assassination attempt, I directed the activation of my crisis center. I assembled my executive team to begin surging more protective resources to the former President and to ensure the wellness of our people post-incident, all while securing an active crime scene. I immediately ordered a reevaluation of the Republican National Convention Security Plan, and I increased the security posture in the National Capitol Region for all permanent protectees and sites. At the same time, I initiated a Mission assurance investigation within our agency. 41:40 Rep. James Comer (R-KY): Let's start with the building that the shooter used to shoot President Trump from. At any point Saturday, did the Secret Service have an agent on top of that roof? Kimberly Cheatle: Sir, as I'm sure you can imagine that we are just nine days out from this incident and there's still an ongoing investigation, and so I want to make sure that any information that we are providing to you is factual. Rep. James Comer (R-KY): You can't, okay. Can you answer why the Secret Service didn't place a single agent on the roof? Kimberly Cheatle: We are still looking into the advanced process and the decisions that were made. Rep. James Comer (R-KY): Okay, okay. Wasn't that building within the perimeter that should be secured? Do we agree with that? Kimberly Cheatle: The building was outside of the perimeter on the day of the visit, but again, that is one of the things that during the investigation, we want to take a look at and determine whether or not other decisions should have been made. Rep. James Comer (R-KY): One of the things that you said, I believe in an interview, that there wasn't an agent on the roof because it was a sloped roof. Is that normal? And do you fear that that immediately creates an opportunity for future would-be assassins to look for a slanted roof? I mean, this is a huge question that every American has. Why wasn't a Secret Service agent on the roof? And there have been reports that agents were supposed to be on the roof, but it was hot that day and they didn't want to be on the roof. Can you answer any of those questions, Director? Kimberly Cheatle: So I appreciate you asking me that question. Chairman. I should have been more clear in my answer. When I spoke about where we placed personnel in that interview, what I can tell you is that there was a plan in place to provide Overwatch, and we are still looking into responsibilities and who was going to provide Overwatch, but the Secret Service in general, not speaking specifically to this incident, when we are providing Overwatch, whether that be through counter snipers or other technology, prefer to have sterile rooftops. Rep. James Comer (R-KY): Did the Secret Service use any drones for surveillance that day? Kimberly Cheatle: So again, I'm not going to get into specifics of that day in itself, but there are times during a security plan that the Secret Service does deploy an asset like a drone. Rep. James Comer (R-KY): There were reports that the shooter used a drone just a few hours before the rally start time. Is that accurate? Kimberly Cheatle: I have heard those same reports. And again, am waiting for the final report. Rep. James Comer (R-KY): If you can't answer the question, that's your answer. But can you answer this? Do you know, I'm not asking yes or no, but do you know if the shooter used a drone before the shooting? Kimberly Cheatle: That information has been passed to us from the FBI. Rep. James Comer (R-KY): How many Secret Service agents were assigned to President Trump on the day of the rally? Kimberly Cheatle: Again, I'm not going to get into the specifics of the numbers of personnel that we had there, but we feel that there was a sufficient number of agents assigned. 46:05 Rep. James Comer (R-KY): Before July 13th, had the Trump detail requested additional resources? Kimberly Cheatle: What I can tell you is that for the event on July 13th, the assets that were requested for that day were given. 46:25 Rep. Jamie Raskin (D-MD): It's been reported that before former President Trump got up on the stage at around 6:00 PM on Saturday, July 13th, that the local police had identified and even photographed a man who was acting suspiciously. And this man, who turned out to be the gunman, had been flagged as a potential threat. Is that accurate? Kimberly Cheatle: What I can say is that the individual was identified as suspicious. Rep. Jamie Raskin (D-MD): So he was known to be suspicious before former President Trump took the stage. Kimberly Cheatle: That is the information I have received. Rep. Jamie Raskin (D-MD): Why was he allowed to take the stage with a suspicious person having been identified in the crown? Kimberly Cheatle: So I appreciate the question, and I'd like to make two points. If the detail had been passed information that there was a threat, the detail would never have brought the former president out onto stage. That is what we do and that is who we are. We are charged with protecting all of our protectees. Rep. Jamie Raskin (D-MD): So you distinguish between someone who is suspicious and someone who's threatening. Is that right? Kimberly Cheatle: We do. There are a number of times at protective events where suspicious people are identified and those individuals have to be investigated and determined what is it that identifies that person as suspicious? 47:45 Rep. Jamie Raskin (D-MD): Did you deny a request for additional resources that had been made by the Trump campaign? Kimberly Cheatle: There were no assets denied for that event in Butler on the 13th. Rep. Jamie Raskin (D-MD): I see. So you're saying there were requests made for additional assistance for other specific events, rather than for the campaign as a whole. Is that right? Kimberly Cheatle: I'm sorry, I'm not understanding. Rep. Jamie Raskin (D-MD): You seem to say that there were not additional resources requested for that event. And forgive me for being unfamiliar with this. Is it requested event-by-event or is it requested just in general for the campaign? Kimberly Cheatle: So if I can explain the advance process. When an event or an venue is identified by, in this case, campaign staff, then the campaign staff works together with Secret Service agents who go out and conduct an advance. Generally that is a five day time period where those discussions are had about what the perimeter is going to look like, what the size of the event is, what the venue is, and then from there there is a request made to mitigate potential risk and threat. And I'm saying that on that day, the requests that were pushed forward were granted. 49:00 Rep. Jamie Raskin (D-MD): So the Secret Service did not know that the gunman actually had a weapon before President Trump was allowed to get up on the stage. Kimberly Cheatle: To the best of our knowledge and the facts that we have at this point, that is correct. 49:50 Rep. Jamie Raskin (D-MD): It's been reported that the shooter was not carrying a driver's license or any form of identification. They had no idea who he was, but then he was quickly identified, I think within 30 minutes, by using the serial number on the AR-15 under a tracing system that is now controversial. Some people say we should get rid of it, some people want to keep it. But is that right, that the serial number was the key information which led to the identification of the shooter? Kimberly Cheatle: That is my understanding, sir. Yes. 52:50 Rep. Jim Jordan (R-OH): How many times did you turn them down ahead of that? Kimberly Cheatle: I think that it is important to distinguish between what some people may view as a denial of an asset or a request -- Rep. Jim Jordan (R-OH): Well, Mr. Guglielmi, your spokesperson, he said he acknowledged the Secret Service had turned down some requests. I'm asking how many. Kimberly Cheatle: A denial of a request does not equal a vulnerability. Rep. Jim Jordan (R-OH): Well, tell me what it is. Kimberly Cheatle: There are a number of ways that threats and risks can be mitigated with a number of different assets, whether that be through personnel, whether that be through technology or other resources. Rep. Jim Jordan (R-OH): Well tell the committee which it was. They asked for additional help in some form or another. You told them no. How many times did you tell them no? And what'd you tell them no to? Kimberly Cheatle: Again, I cannot speak to specific incidents, but I can tell you in general terms the Secret Service is judicious with their resources based on -- Rep. Jim Jordan (R-OH): What does some requests mean? How many times? Requests is plural. So more than once they ask for additional help and you turned them down. What did they ask for and how many times did you turn them down? Pretty basic questions. Kimberly Cheatle: So again, without having all of the details in front of me, sir, what I can tell you is that there are times when -- Rep. Jim Jordan (R-OH): You didn't get briefed on how many times you turned down the Trump detail when they asked for additional help? Kimberly Cheatle: I'm sorry. Rep. Jim Jordan (R-OH): Didn't get briefed on that before you came to this hearing, knowing you were going to get asked that question? Kimberly Cheatle: What I can tell you is that in generic terms, when details make a request, there are times that there are alternate ways to cover off on that threat. 1:04:05 Rep. Mike Turner (R-OH): Director Cheatle, have you read the intelligence of the generalized threat to Donald Trump by Iran as a result of their desire to retaliate for the killing of Soleimani? Kimberly Cheatle: I have. Rep. Mike Turner (R-OH): Have you read or been briefed about the intelligence of the specific recent threat to Donald Trump from Iran? Kimberly Cheatle: Yes, I have. Rep. Mike Turner (R-OH): Director Wray, when we were getting our briefing, indicated that he thought the threat assessment should have included this threat from Iran. Is it your testimony today that the threat assessment, since you've read this intelligence, was sufficient to protect him from this threat from Iran? Kimberly Cheatle: My testimony today is that the information that we had at the time was known, that -- Rep. Mike Turner (R-OH): Was it sufficient, Director Cheatle? Was it sufficient for the Iranian threat that you said you have read the intelligence briefings for? Kimberly Cheatle: That information was passed to -- Rep. Mike Turner (R-OH): Well, I'm not asking the bureaucratic issue of who did it get passed around to. Director Cheatle, was it sufficient for the specific and generalized threat to Donald Trump's life from Iran? Kimberly Cheatle: Yes, I do believe it was. Rep. Mike Turner (R-OH): Director Cheadle, is an Iranian assassin more capable than a 20-year-old? Kimberly Cheatle: Sir, I think we've acknowledged that there was gaps and a failure that day. 1:09:15 Rep. Stephen Lynch (D-MA): There were some reports that the individual had a rangefinder. That would certainly raise my suspicion. Did he have a rangefinder? Kimberly Cheatle: Yes, he did. But may I explain that at a number of our sites, especially when you're at outdoor venues, a rangefinder is not a prohibited item. It is sometimes an item that is brought in by individuals if you're going to be in the back. Rep. Stephen Lynch (D-MA): Did anybody confront him on that? Anybody ask him questions? What are you doing with the rangefinder? Anybody confront him on his presence where he was in proximity to the President? Kimberly Cheatle: So again, to my knowledge, I believe that that was the process that was taking place, was to locate the individual. Rep. Stephen Lynch (D-MA): Did they confront him? Did they go up to him? Did they talk to him? Kimberly Cheatle: I do not have those details at this time. Rep. Stephen Lynch (D-MA): Yeah, those are important details. 1:10:40 Rep. Stephen Lynch (D-MA): There was considerable delay in removing the president from the podium after the shooting began. He got shot in the ear, and it was still over a minute before he was removed from the stage. Meanwhile, this shooter had multiple clips. Several clips. He got off eight shots, and he had the capacity and the ability, if he was not neutralized, to basically mow down that whole Secret Service detachment as well as the President. What, from your own investigation, caused that delay under the circumstances. Kimberly Cheatle: What I can tell you is that when the agents identified that the shooting was taking place, in under three seconds they threw themselves on top of the -- Rep. Stephen Lynch (D-MA): I understand that. There was heroism there. No question about it. No question about it. But protocol would indicate, and these are the opinions of various former Secret Service agents, people who have done this work in the past, that over a minute of exposure on that podium, with a shooter with a high-capacity weapon, who had already wounded the President and could have got off we don't know how many more rounds, and yet the President remained exposed even though he was joined in that exposure by the Secret Service in their heroic acts. I dunno if there's a good explanation for that. Kimberly Cheatle: Our personnel created a body bunker on top of the President, shielding him. Rep. Stephen Lynch (D-MA): I get that. Yeah. This was an AR 15 style weapon that would've made pretty quick work if he was determined and able to do so. 1:13:00 Kimberly Cheatle: As of today, the Secret Service has just over 8,000 employees. We continue to hire knowing that we need to ensure that we keep pace with a -- Rep. Stephen Lynch (D-MA): What would be the full compliment that you're looking for? You've got 8,000 and how many would be a full complement for the service? Kimberly Cheatle: So we are still striving towards a number of 9,500 employees, approximately, in order to be able to meet future and emerging needs. 1:25:15 Rep. Glenn Grothman (R-WI): When this guy took the shots, he climbed a ladder to get on the roof, correct? Kimberly Cheatle: I'm unable to answer details of exactly how the individual accessed the roof at this time. Rep. Glenn Grothman (R-WI): Do you know if he did use the ladder? Do you know when the ladder was placed there? Was the ladder there two days before? Just the night before? Do you have any information at all as to when the ladder got there? Kimberly Cheatle: I would like to be able to answer those questions. The FBI is still conducting an investigation. 1:25:20 Rep. Glenn Grothman (R-WI): Were President Trump's normal agents, normally assigned to him, there that day? Kimberly Cheatle: Yes. Rep. Glenn Grothman (R-WI): These were the same agents that were always there? Kimberly Cheatle: Yes, sir. The people that are assigned to his detail were working on that day. 1:30:45 Rep. Raja Krishnamoorthi (D-IL): As you know, the shooter began shooting at 6:11 PM Eastern on July 13th. NBC reported that at 5:51 PM, 20 minutes before the shooting began, the State Police informed the Secret Service of their concern. Now, the rally was not paused at that point, correct? Kimberly Cheatle: No. Rep. Raja Krishnamoorthi (D-IL): And according to NBC, just two minutes later, at 5:53 PM, the Secret Service notified its snipers about the gunman. The rally wasn't paused at that point either, correct? Kimberly Cheatle: No. Rep. Raja Krishnamoorthi (D-IL): Let me show you some video footage by rally goers. If you could play the video on the screen up here. This was taken two minutes before the shooting started. If you could turn up the volume. Rally goers: Right up here, he's on the roof. Right there, right on the roof. He's standing up now. Right on the roof. Rep. Raja Krishnamoorthi (D-IL): Ma'am, that doesn't look like suspicious behavior. That looks like threatening behavior to me. And the rally wasn't paused at that point either, correct? Kimberly Cheatle: I can tell you, as I stated earlier, sir, that the moment that the shift surrounding the President were aware of an actual threat. -- Rep. Raja Krishnamoorthi (D-IL): That's a threat, right there. The guy's on the roof and everybody's yelling at him and directing the officer's attention to him. The rally was not paused at that point, correct? Kimberly Cheatle: We are currently still combing through communications and when communications were passed. Rep. Raja Krishnamoorthi (D-IL): Well, I can point you to this communication. It's two minutes before the shots started ringing out. Director Cheatle, yes or no, was there ever a moment where the Secret Service actually considered pausing the rally? Kimberly Cheatle: The Secret Service would've paused the rally had they known or -- Rep. Raja Krishnamoorthi (D-IL): So the answer is no -- Kimberly Cheatle: -- been told there was an actual threat. Rep. Raja Krishnamoorthi (D-IL): The answer is no, correct? Kimberly Cheatle: I can speak to you in generalities. Rep. Raja Krishnamoorthi (D-IL): No, no. I don't want generalities. I want specifics. The answer is no, you did not consider pausing the rally, correct? Kimberly Cheatle: The people that are in charge of protecting the President on that day would never bring the former President out if there was a threat that had been identified. Rep. Raja Krishnamoorthi (D-IL): Well, they did because we've now identified three points in the 20 minutes before the shooting that the threat emerged. Let me point you to something else, which is the building that the shooter was perched on, seen here. This building is called the AGR building. I'm sure that you're familiar with it. It's no more than 150 yards from the stage where Donald Trump stood. Yet the security perimeter was drawn such that the AGR building was placed outside of it. Director Cheatle, according to the Washington Post, the AR 15-style rifle used in the shooting had a range of 400 to 600 yards, and therefore the AGR building was clearly within rifle range of the stage, correct? Kimberly Cheatle: Yes. Rep. Raja Krishnamoorthi (D-IL): NBC News has reported that in the days before the rally, the Secret Service had identified the building as a vulnerability that required special attention, correct? Kimberly Cheatle: That's reporting from NBC? Rep. Raja Krishnamoorthi (D-IL): Yes. Kimberly Cheatle: So I am still looking into an active investigation. Rep. Raja Krishnamoorthi (D-IL): I know, but it's been nine days. I mean, you should know that, right? And yet, despite the fact that the AGR building was in rifle range of the stage, and it was flagged as a vulnerability, this building was put outside of the Secret Service's security perimeter. And I respectfully submit, the Secret Service must expand its security perimeter to account for the kinds of weapons that can be used outside the perimeter to endanger the protectees inside the perimeter. 1:34:50 Rep. Raja Krishnamoorthi (D-IL): First, you have not found evidence that the incident was a stage shooting, right? Kimberly Cheatle: Correct. Rep. Raja Krishnamoorthi (D-IL): And you haven't found evidence that this was a result of a conspiracy of high ranking government officials, correct? Kimberly Cheatle: Correct. Rep. Raja Krishnamoorthi (D-IL): And you have not found evidence that this incident was in fact directed or perpetrated by a foreign state or entity, right? Kimberly Cheatle: Not at this time. 1:58:15 Rep. Pete Sessions (R-TX): Have any employees been disciplined for their role in the Butler, PA incident? Kimberly Cheatle: No, sir. Not at this time. I am asking those questions. 2:01:30 Rep. James Comer (R-KY): It's been nine days, every American wants these questions answered. Do you have a ballpark estimate of when what Mr. Sessions asked you would be able to answer, time wise? Kimberly Cheatle: I can tell you on our mission assurance internal investigation, we are targeting to have that completed within 60. 2:02:10 Rep. Alexandria Ocasio-Cortez (D-NY): Director Cheatle, respectfully, what you had just laid out about 60 days. We are currently in the midst of an especially concentrated presidential campaign in the moment that is also paired with, of course, elections happening across the country that are happening in about a hundred days. So the notion of a report coming out in 60 days when the threat environment is so high in the United States, irrespective of party, is not acceptable. 2:03:55 Rep. Alexandria Ocasio-Cortez (D-NY): Director Cheatle, is there a standard perimeter that the Secret Service establishes around an event, or are those perimeters independently determined per event and scenario? Kimberly Cheatle: There is no standard. Every event and every venue is different and treated as such. Rep. Alexandria Ocasio-Cortez (D-NY): So each event has a different perimeter that is established depending on the logistics of that event. Now, you established earlier that the building upon which the shooter operated from was outside of that established perimeter, correct, for the Butler Pennsylvania event? Kimberly Cheatle: It was outside of our secure perimeter, yes. Rep. Alexandria Ocasio-Cortez (D-NY): Now, that building was, I believe, 500....How far away was that building from the President? Kimberly Cheatle: It was approximately 200 yards. Rep. Alexandria Ocasio-Cortez (D-NY): 200 yards. Now, the individual used an AR 15 in order to act out his assassination attempt, an AR 15 has a range of about 400 to 600 yards. My question is, why is the Secret Service Protective perimeter shorter than one of the most popular semi-automatic weapons in the United States? Kimberly Cheatle: There are a number of weapons out there with a number of ranges. Again, an advance was completed. The determination of the perimeter, I'm not going to speak to specifics, but there are a number of factors that are taken into account when we determine our perimeter. Some of it has to do with terrain, some of it has to do with buildings, some of it has to do with assets and resources that are available. Rep. Alexandria Ocasio-Cortez (D-NY): And so what I'm hearing is that a perimeter was not established outdoors in an outdoor venue that would prevent an AR 15, which is one of the most common weapons used in mass shootings, from being able to be within the range of Secret Service protection. Kimberly Cheatle: A perimeter was established, and even though there were buildings that were outside of that perimeter, it wasn't just that building. There were a number of buildings in the area and there was Overwatch that was created to help mitigate some of those buildings. 2:32:45 Rep. Melanie Stansbury (D-NM): I want to talk a little bit about the timeline. Now, here's what we know, and I know, Director, you were also on the call that we had a few days ago with the FBI and other law enforcement. So I respect that you are not able to share based on your testimony, some of the details that are currently being investigated, but I know you were on the call because I heard you on the call and you heard them too. So I'm going to lay out the timeline a little bit. On July 3rd, the rally was announced that it was going to be in Butler. On July 6th, three days later, we know that the shooter searched for dates for Trump and DNC events. On July 7th, so this is four days after the announcement, the shooter went to the site. He actually physically went to the site. On July 12th, the shooter went to a gun range where he and his dad regularly go and practiced shooting. And the next day, on July 13th, he went to the site again before the rally began. We know that he then went and searched online for a gun store, where he went and he purchased 50 rounds of ammunition, went home, got his father's AR, which was legally purchased, and returned to the venue at 5:00 PM that evening. This is more than an hour before Donald Trump actually took the stage that evening. Local law enforcement we're made aware that there was a suspicious man. In fact, at 5:20, local law enforcement flagged that he had a rangefinder and they radioed their concerns and sent around pictures of the individual. At 5:40, 20 minutes before local law enforcement actually identified the shooter and at 5:51 Secret Service was notified of the suspicious person by the state police. And one minute later, they distributed that information. That was before Donald Trump even took the stage. That was 11 minutes before he took the stage. So the Secret Service was aware that there was a suspicious person. At 6:03 he took the stage. At 6:09, rally goers, as was shown in the video, identified this gentleman climbing on the roof. At 6:11, three shots were heard, three rounds of shots, and of course the president and the other victims were shot. 2:48:35 Rep. Pat Fallon (R-TX): So given that there was an increased threat to President Trump's life, was he provided a full security compliment akin to what a sitting US President would receive? Kimberly Cheatle: He was provided a full compliment of security based on the threat assessment that we had and the venue. Rep. Pat Fallon (R-TX): That's not my question. My question is, if he'd been the sitting President, would he have had the same security he had on July 13th or would it have been beefed up? Kimberly Cheatle: There is a difference between the sitting President -- Rep. Pat Fallon (R-TX): So your answer is, he didn't. Kimberly Cheatle: -- and continuity of government and the responsibility that we had -- Rep. Pat Fallon (R-TX): So he did not, okay. There wasn't a full CAT team on site. There wasn't countersurveillance teams on site. 2:49:25 Rep. Pat Fallon (R-TX): Have you visited the site? Kimberly Cheatle: No, I have not. 2:50:30 Rep. Pat Fallon (R-TX): You said, do you remember, in an ABC interview you did, that you didn't have people on the roof of the AGR building because you were worried about safety because of the slope? Kimberly Cheatle: I recall that statement. Rep. Pat Fallon (R-TX): Okay. Does the Secret Service have written policy you can share with us about sloped roofs? Kimberly Cheatle: No. 2:54:00 Kimberly Cheatle: So again, I think we're talking about the distinction between suspicious behavior and a threat, and at the time that this individual was identified, they were displaying suspicious behavior. I'm still waiting for interviews from the FBI to determine what it was that identified that individual as suspicious and what those behaviors were. 2:55:05 Rep. Summer Lee (D-PA): When there are so many teams that are collaborating, who takes the lead, and how is that determined? Kimberly Cheatle: The Secret Service is responsible for the security of the site and the coordination. Rep. Summer Lee (D-PA): And that was the case on July 13th? Kimberly Cheatle: Correct. 3:06:25 Kimberly Cheatle: I acknowledge that we are unaware at this time how the individual was able to access the roof. 3:06:35 Rep. Dan Goldman (D-NY): Overwatch meaning from other counter-sniper or other higher points. Kimberly Cheatle: Correct. 3:06:50 Kimberly Cheatle: I don't have the timeline of how the individual accessed the roof, where they accessed the roof, or how long they were on the roof. 3:13:40 Rep. Scott Perry (R-PA): Was Crook's vehicle inside any of your perimeters? Kimberly Cheatle: No, it was not. Rep. Scott Perry (R-PA): It was not. Was there a device located on Mr. Crook's body to detonate the vehicle? Kimberly Cheatle: That is the information that I have. 3:26:05 Kimberly Cheatle: The allocation of resources is decided based on the availability of personnel and their location and where they are, but there were sufficient resources that were given to the former President's event that day. Rep. William Timmons (R-SC): What did you just say? Did you just say there were sufficient resources? President Trump got shot. 3:32:05 Rep. Tim Burchett (R-TN): Were agents or officers inside the building? If so, what floor were they on? Kimberly Cheatle: We had local police officers inside the building. 3:59:30 Rep. Lisa McClain (R-MI): Have you been in communication with the FBI? Kimberly Cheatle: Yes, I have. Rep. Lisa McClain (R-MI): With whom? Kimberly Cheatle: I speak with the Director and the Deputy Director. Rep. Lisa McClain (R-MI): Okay. And what have they shared with you about this investigation? So I'll give you an opportunity to answer again. Did they share with you how many shell casings were on the roof? Kimberly Cheatle: They have shared with me the -- Rep. Lisa McClain (R-MI): Did they share with you how many shell casing were on the roof? Kimberly Cheatle: Yes. Rep. Lisa McClain (R-MI): Okay. How many were there? Kimberly Cheatle: I would refer to the FBI for their investigation. 4:13:20 Kimberly

Ever wonder what it’s like to attend a Republican National Convention? How about an RNC that took place two days after their candidate was almost assassinated? In this bonus episode, Jen dishes on her experience at the RNC 2024 in Milwaukee Please Support Congressional Dish – Quick Links Contribute monthly or a lump sum via Support Congressional Dish via (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Audio Sources July 18, 2024 C-SPAN Music by Editing Production Assistance