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2018年7月10日 星期二

Overnight Energy: Trump pardons ranchers whose case sparked standoff | EPA takes step to replace Obama climate rule | Pruitt's lead spokesman out at EPA

 
 
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TRUMP PARDONS RANCHERS WHO INSPIRED REFUGE TAKEOVER: President Trump on Tuesday pardoned a pair of Oregon ranchers whose arson convictions became a focus for opponents of federal government land ownership.

Dwight Hammond, 76, and his son Steven Hammond, 49, were convicted in 2012 and sent to prison on arson charges. They had set a series of fires on their ranch that spread to federal land.

The Hammonds' case became the inspiration for the 40-day armed occupation of the Malheur National Wildlife Refuge in 2016. The organizers wanted to protest federal land ownership.

The Hammonds distanced themselves from the violent occupiers and didn't endorse the action.

In a statement Tuesday announcing the pardon, White House press secretary Sarah Huckabee Sanders emphasized uncertainties in the case and the prison terms and fines the Hammonds had already paid.

"The evidence at trial regarding the Hammonds' responsibility for the fire was conflicting, and the jury acquitted them on most of the charges," the White House said. "The Hammonds are devoted family men, respected contributors to their local community, and have widespread support from their neighbors, local law enforcement, and farmers and ranchers across the West. Justice is overdue for Dwight and Steven Hammond, both of whom are entirely deserving of these Grants of Executive Clemency."

Both men are currently in prison on five-year sentences, thanks in part to a 1996 antiterrorism law that imposed a mandatory minimum sentence on certain crimes on federal land. The length of their prison terms, in part, fueled outrage at their convictions.

Rep. Greg Walden (R-Ore.), who represents the area that includes the Hammonds' ranch, cheered Trump's pardon as a win against federal overreach.

"Today is a win for justice, and an acknowledgment of our unique way of life in the high desert, rural West," he said in a statement. "As ranchers across eastern Oregon frequently tell me, the Hammonds didn't deserve a five year sentence for using fire as a management tool, something the federal government does all the time."

On the other hand: Conservation groups slammed the pardon and said it amounts to an endorsement of violent extremism.

"Pardoning the Hammonds sends a dangerous message to America's park rangers, wildland firefighters, law enforcement officers, and public lands managers," Jennifer Rokala, executive director of the Center for Western Priorities said, adding that Trump "has once again sided with lawless extremists who believe that public land does not belong to all Americans."

Read more.

 

Happy Tuesday! Welcome to Overnight Energy, The Hill's roundup of the latest energy and environment news.

Please send tips and comments to Timothy Cama, tcama@thehill.com, and Miranda Green, mgreen@thehill.com. Follow us on Twitter: @Timothy_Cama, @mirandacgreen, @thehill.

 

EPA TAKES STEPS TOWARDS REPLACING OBAMA CLIMATE RULE: The Trump administration is taking a big step forward in its effort to replace the Obama administration's climate change rule for power plants with a more industry-friendly alternative.
The Environmental Protection Agency (EPA) said that on Monday it sent a proposed rule to reduce carbon dioxide emissions from power plants to the White House Office of Management and Budget (OMB) for review.

The OMB review, an internal process that checks for compliance with various laws and administration priorities, is the final step before the rule can be released publicly and made available for public comment. The EPA hasn't revealed the contents of the proposal. The Trump administration in December requested public input on ideas for a replacement. The rule would replace the Clean Power Plan, the main pillar of former President Obama's climate change agenda that sought a 32 percent cut in carbon emissions from the country's power sector by 2030. States were allowed to decide how best to accomplish that goal. The Obama rule was put on hold by the Supreme Court in 2016 as a result of litigation led in part by then-Oklahoma Attorney General Scott Pruitt. Pruitt went on to become EPA administrator before resigning last week under the cloud of numerous scandals. Pruitt and President Trump prioritized repealing the Clean Power Plan, and Pruitt formally proposed undoing it last year, an action that has not yet been made final.

Read more here.

 

EPA SPOKESMAN WHO CALLED REPORTER 'PIECE OF TRASH' OUT AT AGENCY: One of the Environmental Protection Agency's (EPA) top communications officials is leaving the agency, days after former Administrator Scott Pruitt resigned.

Jahan Wilcox, whose official title was strategic communications adviser, established a reputation for his passionate defenses of Pruitt and the EPA and his often abrasive interactions with reporters.

"It's been a privilege to advance President Trump's agenda of environmental stewardship and regulatory reform," Wilcox said in a statement.

The departure comes less than a week after Pruitt left the agency following months of scandals involving the administrator's ethics, taxpayer-funded spending decisions, allegations he had staff complete personal tasks for him and other issues.
Deputy Administrator Andrew Wheeler took over Monday as the acting head of the agency.

Read more here.

 

Where you may remember him from...

In June, Wilcox reportedly derided a reporter from The Atlantic as he ended a phone call with her after she asked him questions pertaining to an article she was planning to publish.

"You have a great day, you're a piece of trash," Wilcox said, according to Eliana Plott, who broke the resignation of Pruitt's scheduler.

Read more on the comment.

 

ON TAP FOR WEDNESDAY:

-The House will take up a vote on H.R. 200, the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act.

-The Senate Environment and Public Works Committee will hold a hearing to examine the long-term value to U.S. taxpayers of low-cost federal infrastructure loans.

-The Senate Natural Resources committee's subcommittee on National Parks will hold a hearing to discuss a bill focused on fixing the National Park Service's maintenance backlog

 

OUTSIDE THE BELTWAY:

Three suspects accused of starting a Colorado wildfire have been arrested, the Denver Post reports.

A federal judge will let key witnesses testify in a lawsuit against Monsanto Co. claiming its Roundup pesticide causes cancer, Bloomberg News reports.

Tesla Inc. is planning to produce cars in a China factory within three years, the Los Angeles Times reports.

 

IN CASE YOU MISSED IT:

Check out Tuesday's stories ...

-DC council member introduces bill to ban plastic straws

-EPA spokesman to leave agency

-Pompeo leaves door open to waivers on Iranian oil imports

-EPA takes next step toward replacing Obama-era climate rule

-Trump pardons Oregon ranchers at center of 40-day standoff

-In Emirates, Pompeo knocks Iran's 'bad behavior'

 
 
 
 
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On The Money — Sponsored by Prudential — Trump blasts Europe on trade, defense spending before summit | White House to propose $200B more in China tariffs | BMW shifting some production out of US

 
 
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Happy Tuesday and welcome back to On The Moneynow peanut-free. I'm Sylvan Lane, and here's your nightly guide to everything affecting your bills, bank account and bottom line.

See something I missed? Let me know at slane@thehill.com or tweet me @SylvanLane. And if you like your newsletter, you can subscribe to it here: http://bit.ly/1NxxW2N.

Write us with tips, suggestions and news: slane@thehill.com, vneedham@thehill.com, njagoda@thehill.com and nelis@thehill.com. Follow us on Twitter: @SylvanLane, @VickofTheHill, @NJagoda and @NivElis.

 

THE BIG DEAL: President Trump on Tuesday expressed new frustration with trade between the U.S. and the European Union (EU), using Europe's trade surplus with the U.S. to question Washington's spending on trans-Atlantic defense.

"The European Union makes it impossible for our farmers and workers and companies to do business in Europe (U.S. has a $151 Billion trade deficit), and then they want us to happily defend them through NATO, and nicely pay for it. Just doesn't work!" he tweeted as he prepared to touch down in Brussels for the annual NATO summit.

Trump has leveled a series of attacks on NATO and the EU ahead of the summit, insisting that the Europeans have for years taken advantage of the U.S. on trade matters while failing to invest enough into their own defense.

The $151 billion trade deficit cited by Trump, however, is inaccurate. While Europe has a $153 billion trade surplus in goods, that surplus drops to $101 billion when trade in services is included. The Hill's Max Greenwood has more here.

 

Meanwhile, Trump is poised to impose new tariffs on $200 billion in Chinese goods, Bloomberg reported Tuesday. The list could be released within hours or days, and the publication of the list starts a weeks-long process that includes a public-comment period and hearings, according to Bloomberg.

 
 

 
 

 ON TAP TOMORROW

 

LEADING THE DAY

BMW to shift some SUV production overseas in response to tariffs: BMW said Monday that it would move production for some of its SUVs out of the U.S. as a result of new tariffs placed on the vehicles, according to The Post and Courier.

The German-based automobile manufacturer signed an agreement with its Chinese partner, Brilliance Automotive Group Holdings, to increase the number of vehicles produced in the country, according to the Charleston newspaper, with the total reaching 520,000 by 2019.

The company also said that it will raise prices for U.S.-produced SUVs sold in China because it is "not in a position to completely absorb the tariff increases" after China slapped a 40 percent tariff on U.S. car imports, according to the newspaper. The action was in response to tariffs on Chinese goods imposed by President Trump.

 

Record number of Americans quitting their jobs to seek better opportunities: A record number of Americans are quitting their jobs to seek better opportunities, according to Labor Department data.

The rate of U.S. employees quitting their jobs reached its highest rate in 17 years, rising from 2.3 percent in April to 2.4 percent in May, when 3.56 million Americans left their jobs.

Rising "quit rates" are considered positive because they often indicate employees are leaving their current positions for jobs with higher wages and better benefits. 

The Labor Department data show there were fewer job openings in May than there were in April, but considering April's number of job openings was a record 6.84 million, the 6.64 million jobs available in May still indicates a strong economy

 

MARKET CHECK: From CNBC: "Stocks closed higher on Tuesday as the latest corporate earnings season got underway while worries of an ongoing trade war declined.

"The Dow Jones Industrial Average rose 143.07 points to 24,919.66 as DowDuPont and Procter & Gamble outperformed. The 30-stock index also posted its fourth straight day of gains. The S&P 500 gained 0.4 percent to 2,793.84 -- its highest since Feb. 1 -- with telecommunications and staples both rising at least 1 percent. The Nasdaq Composite closed just above breakeven at 7,759.20."

 
 

 
 

GOOD TO KNOW

  • China is raising "anti-dumping tariff rates" for some U.S. optical fiber products, Reuters reported Tuesday.
  • A group of Senate Democrats is pressing President Trump's pick to head the Consumer Financial Protection Bureau (CFPB) to explain her role in the administration's response to Hurricane Maria.
  • Global debt rose to a record $247 trillion in the first quarter, more than $29 trillion higher than the end of 2016, according to an analysis by the Institute of International Finance.
  • European companies that export from China are changing the global flow of their goods to avoid higher American tariffs, a business group said Tuesday, as the impact of the U.S.-Chinese trade war spreads, according to the AP.
  • Higher labor costs pose a risk to some U.S. companies already facing trade-related tensions and limited pricing power, according to The Wall Street Journal.

 

ODDS AND ENDS

  • Tesla Inc. is planning to build a factory in China, marking a major effort by the company to expand production abroad.
  • Op-Ed: Jason Furman, former White House Council of Economic Advisers Chairman, writes for The Hill "Is tax reform working? Not if you're a worker in need of a raise.
 
 
 
 
 
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Hillicon Valley: Lawmakers eye ban on Chinese surveillance cameras | DOJ walks back link between fraud case, OPM breach | GOP senators question Google on Gmail data | FCC under pressure to delay Sinclair merger review

 
 
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Welcome to Hillicon Valley, The Hill's newsletter detailing all you need to know about the tech and cyber news from Capitol Hill to Silicon Valley.

Welcome! Follow the cyber team, Olivia Beavers (@olivia_beavers) and Morgan Chalfant (@mchalfant16), and the tech team, Harper Neidig (@hneidig) and Ali Breland (@alibreland).

 

LAWMAKERS EYE BAN ON CHINESE CAMERAS: Congress is weighing a ban on federal agencies using video surveillance equipment from two large Chinese companies, the latest sign of concerns about foreign espionage among lawmakers.

It's part of a broader trend. Across the government, the U.S. is moving away from foreign state-owned tech companies to prevent cyber spying. But one of the companies named in the proposed ban is pushing back. Hikvision argues that the legislation -- written into the House version of the annual defense authorization bill -- is a knee-jerk response to an anti-Chinese "Red Scare."

"To my knowledge, and to my understanding, I've got a gut feeling that if we are not a Chinese company, this wouldn't be an issue at all," said Jeffrey He, president of Hikvision's independent U.S. subsidiary, in an interview with The Hill.  "It's very difficult to prove ourselves not guilty of providing back doors to Chinese government or any source."

Indeed, unlike firms like ZTE or the Russian-owned Kaspersky, it's a much more open question whether Hikvision products are pinging home to China.

Hikvision's U.S.-based business touts its compliance with American laws. It worked with the Department of Homeland Security to patch a security vulnerability it uncovered in May 2017. It also recently opened a transparency center in California to allow law enforcement to view the source code for its products.

Its cameras have been purchased through middlemen for use on a U.S. military base, the American Embassy in Afghanistan and in a police department in Memphis, Tenn. Chris Nickelson, a Missouri-based contractor, touted Hikvision's products as top-quality cameras with "world-class" support. Nickelson argues that a ban on Hikvision products would actually harm small American businesses like his.

To read more of our piece, click here.

 

CORRECTING THE RECORD: The Department of Justice now says that an identity fraud case may not be linked to the massive Office of Personnel Management (OPM) breach after all, saying a press release prematurely implied a connection between the two.

Stephen Boyd, the Justice Department's assistant attorney general for legislative affairs, was responding to questions from Sen. Mark Warner (D-Va.) about a press release issued last month by the U.S. District Court for the Eastern District of Virginia announcing that a Maryland woman had pleaded guilty to identity theft charges.

The background: The initial release stated that the woman participated in a scheme to use data from the OPM breach to obtain fraudulent loans through Virginia-based Langley Federal Credit Union. However, officials later revised the release to remove references to the OPM breach, spurring questions as to why.

What they're saying now: In a letter to Warner on Monday, Boyd wrote that, while several victims of the scheme reported also being victims of the OPM breach, federal investigators have not yet found a definitive link between the fraud case and the OPM breach.

"A number of the victims of this scheme identified themselves to the Department of Justice as victims of the OPM data breach," Boyd wrote. "However, at present, the investigation has not determined precisely how their identity information used in this case was obtained and whether it can, in fact, be sourced directly to the OPM data breach. Because the victims in this case had other things in common in terms of employment and location, it is possible that their data came from another common source."

We explain here.

 

TOP SENATE REPUBLICANS QUESTION GOOGLE: A trio of top Senate Republicans are demanding answers from Google's parent company after The Wall Street Journal reported that app developers have been abusing their access to users' Gmail accounts.

GOP Sens. John Thune (S.D.), chair of the Senate Commerce Committee, Roger Wicker (Miss.) and Jerry Moran (Kan.) sent a letter to Alphabet CEO and Google co-founder Larry Page on Tuesday with a list of questions about the company's data management.

Key quote: "While we recognize that third party email apps need access to Gmail data to provide various services, and that users consent to much of this access, the full scope of the use of email content and the ease with which developer employees may be able to read personal emails are likely not well understood by most consumers," they wrote.

"Furthermore, though no allegations of misuse of personal email data akin to the Cambridge Analytica case have surfaced, the reported lack of oversight from Google to ensure that Gmail data is properly safeguarded is cause for concern."

According to the Journal story from last week, employees at one firm read 8,000 unredacted emails from users to help build their program.

Read more here.

 

A SCOTUS UPDATE: President Trump on Monday evening tapped Brett Kavanaugh as his nominee to replace Justice Anthony Kennedy on the Supreme Court, setting up a fierce confirmation battle as he seeks to cement conservative control of the nation's highest court.

As we observed yesterday, Kavanaugh has received some attention for his 2015 opinion defending the NSA's now-defunct bulk phone data collection program, arguing that it was consistent with the Fourth Amendment. Congress passed legislation the same year to end the program in an effort to rein in the spy agency's surveillance efforts following the Edward Snowden leaks.

Kavanaugh's confirmation process is likely to be closely watched by privacy and civil liberties advocates. Jake Laperruque, senior counsel at the Constitution Project, told The Hill that the opinion raised questions and "some alarms" in regards to Kavanaugh's stance on surveillance issues. Laperruque said he'd like to see senators press Trump's nominee on his views on the third-party doctrine, as well as his argument that the government had demonstrated a "special need" to prevent terrorism in seizing the phone records.

More on the nomination here.

 

Net neutrality advocates may watch closely too: There's no immediate or even foreseeable plans for net neutrality to hit the Supreme Court, but Kavanaugh does have a record of opposing it. Unlike, privacy issues though, Republican politicians tend to fall more in line on opposing net neutrality regulations and it's likely the case that any nominee will have similar chops on that issue.

 

WHAT'S GOING ON?: A pair of top Democrats in the House Energy and Commerce Committee is asking Federal Communications Commission Chairman Ajit Pai not to roll back his agency's role in addressing consumer complaints.

Energy and Commerce ranking member Rep. Frank Pallone Jr. (D-N.J.), and Communications and Technology Subcommittee ranking member Rep. Mike Doyle (D-Pa.) both say in a letter to Pai that the proposed move would give consumers less recourse in bringing concerns with communications companies to light.

But: The FCC says that's bunk. The agency in a statement refuted Pallone and Doyle's letter saying that's outright wrong and based on a misinterpretation of the actual order.

Read more here.

 

ANTI-SINCLAIR PETITION GROWS: A growing number of groups are urging the Federal Communications Commission (FCC) to delay its review of Sinclair Broadcast Group's merger with Tribune Media, while a court weighs a recent agency move that would ease the deal's approval.

The organizations joining the effort include the National Hispanic Media Coalition, the conservative outlet Newsmax and the telecom trade group NTCA -- The Rural Broadband Association.

The groups joined a petition first filed in June by Public Knowledge and Common Cause to the FCC. That petition asked the agency to hold off on the Sinclair-Tribune proceeding while the D.C. Circuit Court of Appeals reviews the FCC's order allowing broadcasters to buy up more local television stations.

Last year, the Republican-controlled FCC voted to reinstate what's known as the UHF discount, which counts ultra-high frequency broadcast stations as half of other stations when determining if broadcasters are in line with media ownership limits. Broadcasters are currently capped at serving 39 percent of households.

Read more here.

 

YIKES: A cybersecurity firm says the hacking group that stole some Ticketmaster customers' credit card information this year actually carried out a far more extensive digital credit card-skimming campaign than initially reported. 

The threat group known as Magecart targeted more than 800 e-commerce sites around the world between February 2017 and June 2018, RiskIQ reported Tuesday in a blog post.

"According to Ticketmaster's official statement, the breach impacted the following websites: Ticketmaster International, Ticketmaster UK, GETMEIN! and TicketWeb," the firm writes. "However, we found evidence the skimmer was active on a broader range of Ticketmaster websites including Ireland, Turkey, and New Zealand among others."

RiskIQ says Magecart targeted the payment information entered into forms on Ticketmaster's various websites. They obtained the information by hacking the third-party supplier working with the ticket sales company, Inbenta.

RiskIQ, which has been tracking Magecart since 2015, said the cyber hackers placed digital skimmers -- devices that steal credit card data -- on Ticketmaster websites after compromising Inbenta. 

Read more here.

 

MORE MALWARE: Sonicwall is out with its updated Cyber Threat Report released Tuesday, which warns that there is a spike in malware attacks -- noting that they have recorded more than 5.99 billion total malware attacks in the first six months of 2018. This is a 102% jump, the cybersecurity firm says. Read the full report here.

 

CHINA HIKES TARIFFS ON U.S. OPTICAL FIBER PRODUCTS: China is raising "anti-dumping tariff rates" for some U.S. optical fiber products.

The new rates for dispersion unshifted single-mode optical fiber will be between 33.3 percent and 78.2 percent and will go into effect on Wednesday, according to a statement from China's commerce ministry.

That could be a significant hike for U.S. companies, who previously saw rates between 4.7 percent and 18.6 percent, according to Reuters.

 

CHAMBER TACKLES AI: On Tuesday, the Chamber of Commerce hosted tech industry leaders for an event, the AI Summit: Investing in Innovation and Tomorrow's Workforce. The Hill's Wyatt Schiff has the break down.

Panelists, including David Cox, director of the MIT-IBM Watson AI Lab; Elsa Kania, adjunct fellow at the Center for a New American Security; and James Kurose, assistant director for artificial intelligence in the US Office of Science and Technology Policy (OSTP), weighed in on the state of artificial intelligence technology in the U.S. and how to keep American companies competitive with overseas rivals, in particular from China.

The discussion primarily focused on developing AI in the U.S. and bolstering the "pipeline" from top engineering schools to tech companies.

The panelists said that government, academia and industry needed to work closer together to make progress.

"We must invest in the best and the brightest," said Kurose.

Cox worried that when the government allocates resources to AI technology, they don't always see results as quickly as they like. But he saw a role for government to boost ties between academia and industry.

"Everybody needs to keep moving, mechanization has and will continue to change industry," Cox said.

"AI will affect every industry."

 

ON TAP FOR TOMORROW:  

The House Judiciary Committee has issued a subpoena seeking to compel former FBI agent Lisa Page to testify behind closed doors by Wednesday at 10 a.m., according to Hill sources. Page's lawyer on Monday, however, pushed back about her appearance, stating that the details of her testimony on the Hill are still being hammered out. It is unclear whether she will show or not... BUT President Trump also appears to be hearing whispers about the status of her appearance, tweeting Tuesday: "I am on Air Force One flying to NATO and hear reports that the FBI lovers, Peter Strzok and Lisa Page are getting cold feet on testifying about the Rigged Witch Hunt headed by 13 Angry Democrats and people that worked for Obama for 8 years. Total disgrace!"

The Economic Innovation Group, the Governor's Woods Foundation and The Atlantic's Steve Clemons are hosting the 8th Annual Summit on the Economy starting at 8:30 a.m.

The Senate Rules and Administration Committee is holding a committee hearing titled: "Election Security Preparations: Federal and Vendor Perspectives" slated for Wednesday at 10:30 a.m. Top officials from the U.S. Election Assistance Commission and DHS will be testifying.

The House Homeland Security Committee is also holding a hearing on election security, this one focusing on the Department of Homeland Security's efforts to secure U.S. voting systems from cyber sabotage. It starts at 10:30 a.m.

The House Energy and Commerce Committee is holding a hearing on protecting customer proprietary network information in the modern digital age at 10:15 a.m.

The Senate Commerce Committee has scheduled a hearing to examine "lessons learned" from the Spectre and Meltdown computer chip flaws at 10 a.m.

 

A LIGHTER TWITTER CLICK: Who are you, Phillip?

 

TECH & THAI LINK: One interesting perspective on Tesla's Elon Musk inserting himself into the Thai rescue mission.

 

NOTABLE LINKS FROM AROUND THE WEB:

A Japanese man who became the first sentenced for using the Coinhive Javascript library for malicious reasons made $45. Bleeping Computer

Democratic campaigns were targeted in distributed denial-of-service attacks. (CyberScoop)

Israeli firm eyes a moon landing. (Associated Press)

The memories hiding in my data dump. (The New York Times)

Michael Flynn has a new gig. (The Wall Street Journal)

Trump's SCOTUS nominee is a major opponent of net neutrality. (Motherboard)

Apple's new update thwarts phone-cracking tools used by law enforcement. (The Verge)

"GOP senators tell contradictory stories about Moscow trip." (The Daily Beast)

 
 
 
 
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