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Case: 25-2635 Document: 81
Page: 16
Date Filed: 12/01/2025
thereafter leaving (a)(2) and (a)(3) as the only means of selecting a different acting officer. First, § 3345(a) uses present-tense verbs (“dies, resigns, or is otherwise unable to perform”) indicating a single, immediate occurrence, as opposed to, for example, the present perfect tense (has died, has resigned), which could indicate past actions with continued relevance. Hewitt v. United States, 606 U.S. 419, 427–28 (2025). Further, to the extent the Government relies on the phrase “is otherwise unable to perform” (in contrast to “dies” or “resigns”) to demonstrate that § 3345(a) refers to a continuing state, Gov. Br. at 19, such an argument fails. Here, the residual “otherwise” provision is limited by the list of specific examples that precede it. Like “dies” and “resigns,” “otherwise unable to perform” must be read to refer to a single instance. Fischer, 603 U.S. at 489–90. (holding that the “otherwise” clause in 18 U.S.C. § 1512(c)(2) is limited by preceding examples in (c)(1)).
The Girauds cogently respond that the statute’s use of the definite article “the” in reference to “the first assistant,” rather than “a” first assistant, “clearly refers to the deputy already in place at the time the vacancy arises.” Giraud Br. 15. According to the Girauds, this interpretation of (a)(1) avoids “the elaborate safeguards in subsections (a)(2), (a)(3), and (b)(1) collaps[ing] into irrelevance.” Id. at 18. Pina’s argument is similarly apt: he points out that the FVRA repeatedly makes expressly clear that “the President (and only the President)” may select the acting officer and that the Government’s approach would violate that language by giving the Attorney General broad discretion under the FVRA to appoint acting PAS officers by designating them first assistants. Pina Br. 27– 28; see also 5 U.S.C. § 3345(a)(2), (a)(3), (c)(1).
Indeed, the upshot of the Government’s argument is that, while subsections (a)(2) and (a)(3) narrowly constrain
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Video: 12 Dead in Missouri Skydiving Plane Crash
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transcript
12 Dead in Missouri Skydiving Plane Crash
Eleven passengers and a pilot were killed shortly after taking off for a skydiving trip in Missouri on Sunday.
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We’re still trying to identify family and make notifications. And so we’re going to be respectful of that. There were witnesses that were family members, yes.
By Cynthia Silva
June 14, 2026
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Fate of historic slavery exhibit targeted by Trump hangs in the balance
Attorney and tour guide Raina Yancey wants the federal government to fully restore a slavery exhibit taken down months ago at the President’s House in Philadelphia.
Adrian Florido
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Adrian Florido
President Trump’s fight to reshape how American history is told has hit another hurdle.
Last week, a federal judge temporarily blocked his year-old executive order titled “Restoring Truth and Sanity to American History.” It ordered the Interior Secretary to remove from national parks and historic sites content that “inappropriately disparages Americans past or living.”
Months later, federal employees took crowbars and peeled away an exhibit about nine African-Americans President George Washington had enslaved at the nation’s first executive mansion in Philadelphia.
The removal sparked bipartisan condemnation and a separate lengthy legal battle that has wound its way to a federal court of appeals.
Some of the exhibit has since been restored, but a lot is still missing.
Lawyer and activist Michael Coard spent years fighting to create a site telling the stories of the people enslaved by George Washington in Philadelphia.
Henry Larson
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Henry Larson
Michael Coard is a lawyer and activist who advocated for the exhibit’s creation. It opened in 2010.
“It was the grand opening of the first slave memorial of its kind on federal property in the history of the U.S. We thought it would last forever. But 15 years later, the destruction came,” Coard said.
He and others want the full exhibit restored by the Fourth of July, when people will descend on historic Philadelphia to celebrate the 250th anniversary of the nation’s founding.
NPR’s Adrian Florido spoke with Coard, attorney and tour guide Raina Yancey and others at the President’s House in Philadelphia to understand the deadline pressure activists now face, and how they’re still telling the story of Washington’s enslaved workers as the legal battle wages on.
Listen to the full story by clicking the blue play button above.
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Trump endorses Collins in Georgia Senate runoff. It’s his latest ‘MAGA’ pick in Republican primaries
ATLANTA (AP) — Days before the U.S. Senate runoff in Georgia, President Donald Trump has endorsed U.S. Rep. Mike Collins over former football coach Derek Dooley, putting his stamp of approval on another loyalist who some conservatives believe could be a risky bet in November.
The Republican candidates are competing Tuesday for the chance to take on Democratic Sen. Jon Ossoff in one of the most closely watched campaigns in the November midterm elections. Collins has positioned himself as a stalwart ally of Trump and his “Make America Great Again” movement, and the president said in his announcement early Sunday on social media that the trucking company owner and second-term congressman “has been with me from the very beginning” and is a ”true friend, fighter, and WARRIOR.”
Dooley, a political newcomer, is backed by outgoing Gov. Brian Kemp, who has clashed with Trump in the past. “I don’t know Derek Dooley, and neither does anyone else, but he seems like a nice person,” Trump wrote, while noting that Dooley did not vote in 2016 or 2020, when Trump was on the ballot. Dooley has acknowledged going nearly two decades without voting but says he did vote for Trump in 2024.
Collins led Dooley in the May 19 primary but neither surpassed 40%, leaving many Republican votes up for grabs. Trump’s endorsement has proved powerful as he shapes a party identity that is increasingly indistinguishable from his own.
“Everybody knows that I do best with the MAGA base,” Collins said on primary night. “It’s because they know I’ve always been with President Trump.”
Still, the president’s choice puts him at odds with more traditional Republicans, including Kemp. The endorsement is reminiscent of Trump’s decision to back Texas Attorney General Ken Paxton before his victory over U.S. Sen. John Cornyn in the state’s recent primary runoff.
Dooley responded to Trump’s decision by saying Georgia voters want “a political outsider” rather than “typical D.C. politicians like Mike Collins.” In an X post, Dooley expressed confidence that he would win.
Collins has embraced Trump since his first campaign for Congress in 2022, and he has echoed the president’s false claims that his 2020 defeat to Democrat Joe Biden was fraudulent. Collins sponsored the Laken Riley Act, a 2025 law that requires immigrants be detained when charged with certain crimes. Republicans believe the issue damages Ossoff because he initially voted against the measure before supporting it after Trump returned to the White House.
Dooley — and Kemp as his top surrogate — argue that a first-time candidate has a better shot to defeat Ossoff, the only Democratic senator facing voters in a state Trump carried in 2024.
Kemp, who once drew Trump’s ire for refusing to help overturn Biden’s victory, was the top choice of Senate Republican leaders looking for an Ossoff challenger. Kemp recruited Dooley, a childhood friend, to run instead.
The governor points to a trio of first-term Republican senators — Montana’s Tim Sheehy, Pennsylvania’s Dave McCormick and Ohio’s Bernie Moreno — who defeated Democratic incumbents in 2024 running as outsiders who still aligned with the president.
Dooley’s argument is matched against Trump’s winning streak inside the party. In a matter of weeks, Trump has celebrated victories over Republicans who did not pass his test of loyalty.
Cornyn lost to Paxton, U.S. Rep. Thomas Massie of Kentucky lost to Ed Gallrein, U.S. Sen. Bill Cassidy of Louisiana failed to make a runoff and several Indiana state senators were defeated by challengers.
Dooley has told voters he will “work with President Trump but fight for you.” He also emphasizes that Republicans have not won a U.S. Senate race in Georgia since 2016.
Collins walks no such tightrope, and he still insists that he can have wider appeal in the fall.
“You don’t beat Jon Ossoff by having no record,” he said. “You win by having a record of results.”
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