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Trump Is Trying to Gain More Power Over Elections. Is His Effort Legal?

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Trump Is Trying to Gain More Power Over Elections. Is His Effort Legal?

President Trump pushed on Tuesday to hand the executive branch unprecedented influence over how federal elections are run, signing a far-reaching and legally dubious order to change U.S. voting rules.

The executive order, which seeks to require proof of citizenship to register to vote as well as the return of all mail ballots by Election Day, is an attempt to upend centuries of settled election law and federal-state relations.

The Constitution gives the president no explicit authority to regulate elections. Instead, it gives states the power to set the “times, places and manner” of elections, leaving them to decide the rules, oversee voting and try to prevent fraud. Congress can also pass election laws or override state legislation, as it did with the Voting Rights Act of 1965.

Yet Mr. Trump’s order, which follows a yearslong Republican push to tighten voting laws out of a false belief that the 2020 election was rigged, bypasses both the states and Congress. Republican lawmakers in Washington are trying to pass many of the same voting restrictions, but they are unlikely to make it through the Senate.

The order’s most eye-catching provisions are the requirements of proof of citizenship and the return of mail ballots by Election Day.

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But the order, which threatens to withhold federal funding from states that do not comply with it, includes a range of other measures.

It seeks to give federal agencies, including the Elon Musk-led team known as the Department of Government Efficiency, access to state voter rolls to check “for consistency with federal requirements.” It aims to set new rules for election equipment, which could force states to replace voting machines that use bar codes or QR codes. And it instructs the U.S. attorney general to hunt for and prosecute election crimes.

Probably not all of it, legal experts say — and voting rights groups and state attorneys general are already signaling that they will file challenges.

Several experts predicted that provisions of the order might well be found unlawful, though they said that others, like directions to Mr. Trump’s attorney general and other cabinet members, fell within legal bounds.

“It’s an attempt at a power grab,” said Richard L. Hasen, an election law expert at the University of California, Los Angeles. “The president has been seen in the past as having no role to play when it comes to the conduct of federal elections, and this attempt to assert authority over the conduct of federal elections would take power away from both an independent federal agency and from the states.”

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A central question surrounds Mr. Trump’s attempt to use the Election Assistance Commission, a federal agency that Congress created in 2002 to help election officials with their work, to enforce the proof-of-citizenship requirement.

Currently, Americans may register to vote in federal elections either through their state or by using a federal form created by the E.A.C. The form includes a box that registrants check to attest, under penalty of perjury, that they are U.S. citizens, but it does not require documentation as proof.

The executive order would force the E.A.C. to change that process to require a passport, state identification that includes citizenship information or military identification.

Legal experts dispute that Mr. Trump has the authority to force the agency, which Congress designated as “independent” and which includes two commissioners from each party, to take any action.

“He can ask nicely,” said Justin Levitt, a professor of constitutional law at Loyola Marymount University who served in the Biden administration. “But he thinks he’s got a power that, at least so far, he does not have. It would take a change in the law and the Supreme Court affirmatively approving a radical expansion of power of the executive.”

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Legal experts say the provision requiring all ballots to arrive by Election Day also probably exceeds the president’s legal authority, particularly the threat to withhold federal funding from those states that do not comply. (Seventeen states currently allow mail ballots postmarked by Election Day to be counted if they arrive soon afterward.)

“If the president is basically usurping the power of the purse by imposing limits on these grants that Congress itself did not impose, that could be the basis for constitutionally challenging these conditions,” said Laurence H. Tribe, a professor emeritus at Harvard Law School.

Mr. Trump’s attempt to force states to turn over voter data to Mr. Musk’s team and federal agencies recalls a similar program from the first Trump administration, a commission on “election integrity” led by Kris Kobach, who is now the Kansas attorney general.

The commission sought data from all 50 states, but 44 of them refused to comply. The Republican secretary of state in Mississippi told the commission to “go jump in the Gulf of Mexico.”

If the full order were to stand, it could potentially disenfranchise millions of Americans and cost state and local governments millions of dollars.

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About 21.3 million people do not have proof of citizenship readily available, according to a 2023 study by the Brennan Center for Justice, a voting rights and democracy group. Nearly four million people do not have the documents at all because they were lost, destroyed or stolen. The executive order does not allow for birth certificates to prove citizenship.

It is also unclear whether women who have changed their surname after marriage will face new hurdles in proving their citizenship.

The order could also lead election officials to throw out sizable numbers of ballots that arrive after Election Day. For example, in Nevada’s two largest counties in the 2022 general election, about 45,000 ballots arrived after Election Day and were counted, according to state data. In Washington State, Kim Wyman, a Republican former secretary of state, estimated that “about a third of the ballots in any given election” arrived on the Wednesday or Thursday after Election Day.

The order could put states in deep budget holes, as well. Many states, including the battlegrounds of Georgia and Pennsylvania, use voting machines with bar codes or QR codes. Replacing them would cost millions of dollars that the order does not provide.

Mr. Trump has made specious claims about voter fraud for decades, but since his 2020 election loss and the 2021 Capitol riot, he has pushed the issue to the center of Republican politics.

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Even though voter fraud is exceedingly rare, nearly every speech of Mr. Trump’s 2024 campaign included false claims that noncitizens were voting in American elections. He also railed against mail voting, even as Republican groups successfully pushed more of the party’s voters to cast ballots that way.

Jason Snead, the executive director of the Honest Elections Project, a conservative advocacy group tied to the activist Leonard Leo, said the executive order was simply enforcing laws already passed by Congress. He referred to a ruling from a federal appeals court that found that Congress’s selection of a federal Election Day meant all voting must be completed by that day, with no late-arriving ballots permitted.

“The executive order is acting well within the four corners of those existing laws, so we’re not breaking new ground in terms of legal authority,” Mr. Snead said. “We’re not breaking new ground in terms of the relationship between the federal government and the states.”

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Orbán’s defeat is a win for democracy and a warning to Trump, some say

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Orbán’s defeat is a win for democracy and a warning to Trump, some say

President Trump has followed Hungarian Prime Minister Viktor Orban’s competitive authoritarian playbook, according to political scientists. But that playbook was not enough to save Orban from a landslide defeat Sunday.

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Hungarian Prime Minister Viktor Orbán was seen for years as a master of tilting the electoral playing field in his favor to remain in power. On Sunday, his carefully-crafted strategy finally failed.

His opponent, Péter Magyara former Orbán loyalist – ran a campaign focused on Hungary’s economic problems, government corruption and getting rid of the prime minister himself. The record turnout overwhelmed the measures Orbán had taken over the years to preserve power.

Hungarian American experts here in the U.S. say Orbán’s loss has lessons for President Trump, and about the resilience of democracy.

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“You can rewrite the constitution, you can capture public media, you can gerrymander election districts, but as long as people still enjoy the freedom to vote and to vote for whomever they want to, these systems can be reversed under the right circumstances,” said David Koranyi who runs Action for Democracy, a U.S.-based civil society organization.

The case of Hungary is relevant because many political scientists say Trump has adopted a version of Orbán’s competitive authoritarian playbook.

The president has sued news organizations, and the Federal Communications Commission has threatened to pull licenses from broadcasters the president has said are biased against him. 

Trump has also suggested the federal government take over the running of elections in 15 states and has used the Justice Department to target his perceived political enemies.

Orbán’s defeat shows the limits of these sorts of tactics, especially when wielded by an unpopular leader.

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“Fundamentally in a democracy, you can’t have the majority of people against you for too long before you lose power,” said Lorinc Redei, who teaches politics at the University of Texas at Austin.

Orbán’s loss also suggests opportunities for Democrats heading into the midterms and Republicans thinking about a presidential run in 2028, experts say. Like Orbán, President Trump is vulnerable on the economy, which he pledged to fix. An NPR/PBS News/Marist Poll earlier this year found nearly 6 in 10 people disapproved of Trump’s handling of the economy – normally a strength for the president.

Magyar, a former member of Orbán’s Fidesz party, led the opposition in Hungary and built a broad coalition. Magyar cut a patriotic profile, traveling the country in a pickup truck with a color scheme that matched the Hungarian flag.

“Everywhere he went, he emphasized that national identity and patriotism do not belong to the right wing,” said Julia Sonnevend, a professor of sociology and communications at the New School in New York.

Sonnevend said Magyar also steered clear of divisive social issues. When Orbán tried to ban last year’s Pride parade in Budapest, Magyar chose not to march and kept his coalition together.

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“Magyar really managed to unite the entire opposition to Orbán under his flag and I think that carries lessons for Democrats . . . that you need to create a very, very broad tent,” said Redei, the politics professor.

Hungarian Prime Minister Viktor Orban has been a favorite of many MAGA Republicans for his tough stance on immigration and his anti-LGBTQ policies.

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Magyar also benefitted from his profile as an insider and member of Orbán’s right-wing party, who saw the light and quit. Magyar publicly broke with Orbán’s government two years ago. Magyar was furious after his ex-wife, the justice minister, took the fall for a scandal involving the pardon of a child sex abuser.

Koranyi says members of the Trump administration who want to succeed him could try to distance themselves from the president in advance of a 2028 presidential run. But choosing when to break with a powerful leader is tricky.

“It’s hard to know ahead of time when that window of opportunity is going to close,” said Redei. “The higher up you are in a party, the earlier it closes.”

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Some conservative political watchers in the U.S., however, said people are reading too much into Orbán’s loss. The United States is a vast, ethnically diverse nation of about 340 million people, while Hungary has a population of less than 10 million and is about the size of Indiana.

Matt Schlapp, who leads the Conservative Political Action Conference (CPAC), pointed out that Orbán, 62, was running for a fifth term, and that no politician can win forever.

“When you’ve been in power 16 years, as Victor Orbán has, longer than FDR . . . it was probably asking a little too much to buck that much history,” said Schlapp, whose organization has held annual conferences in Hungary.

Mike Gonzalez, a senior fellow at the Heritage Foundation, noted that a win for Magyar – who favors strict immigration and conservative social values – is no victory for the left. But Gonzalez added that Orbán’s defeat has lessons for President Trump.

“Keep the promises you’ve made,” said Gonzalez. “Above all, don’t get complacent.”

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Firefighters Likely Had Limited View of Approaching Plane in LaGuardia Crash

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Firefighters Likely Had Limited View of Approaching Plane in LaGuardia Crash

The rapidly approaching plane that collided with a fire truck at New York’s LaGuardia Airport last month was most likely hard for the firefighters to see, a New York Times analysis has found.

They were navigating in the rain on a taxiway that was angled away from the oncoming plane. Because the plane had just touched down, the pilots and the firefighters were left with very little time to react.

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The collision killed both pilots and was the first deadly crash at the airport in over three decades. The two firefighters, who were rushing to another emergency, survived with injuries.

The Times built a 3-D model, interviewed aviation experts and analyzed flight data, video footage of the crash and air traffic control audio — all to answer a critical question: What could the firefighters see?

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The truck’s dispatch

The two firefighters were driving on Taxiway D in the lead vehicle of a convoy that had been dispatched to assist with an emergency on the other side of the airport from the fire station.

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Their fire truck, a type that can weigh upward of 60,000 pounds when fully loaded, is designed with the driver’s seat in the center, in part to offer better visibility. The other firefighter typically sits to the right of the driver.

The air traffic control tower had cleared an Air Canada Express jet to land on Runway 4. About two minutes later, the tower cleared the truck to cross the same runway using Taxiway D. Eleven seconds later, the tower called back with an urgent warning to stop, but the truck kept moving. It is unclear if the firefighters in the truck heard the warnings.

Each firefighter had a disadvantage

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Even in an optimal scenario in which the driver was looking directly toward the oncoming plane in the moments before collision, it’s likely that his view of the approaching plane would have been obstructed by the second firefighter.

If the driver had leaned forward slightly with his head turned about 90 degrees to the right before looking straight again, the plane would have most likely been obstructed:

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Note: Video shows estimated speeds of the truck and plane. The New York Times

The second firefighter would have had a better view, but for him, the plane would most likely not have stood out as a moving object until it grew closer to the truck. Even as the plane was approaching, it would have stayed in roughly the same position in his field of view — making the plane more difficult to track than if it had been moving across his line of sight.

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This is a familiar phenomenon documented in aviation and maritime navigation, in which an object approaching on a collision course can appear to be stationary until the last moment, when it seems to suddenly grow in size.

Here is what the view for the second firefighter could have been if he had been leaning forward slightly with his head turned about 90 degrees to the right and looking toward the plane:

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Second firefighter’s perspective

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Note: Video shows estimated speeds of the truck and plane. The New York Times

Crash footage shows that there was one vehicle in the convoy initially traveling alongside the fire truck, and it may also have blocked the firefighters’ view of the runway before it came to a stop about seven seconds before the crash.

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Based on the available evidence, there is no way to know with certainty where the firefighters were looking in the seconds before the crash. The runway where the crash occurred is bidirectional, meaning planes can approach one at a time for landing in both directions. As a result, the firefighters would not necessarily have been able to assume the direction of oncoming planes.

The two firefighters, Sgt. Michael Orsillo and Officer Adrian Baez, who were hospitalized along with about 40 others, did not respond to requests for comment. The Port Authority of New York and New Jersey, which runs LaGuardia Airport and its fire rescue unit, declined to comment.

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The taxiway was angled away from the oncoming plane

The lead fire truck had been driving along a taxiway that was angled away from the direction of the oncoming plane. This means that the plane was approaching off the right rear section of the truck — where it would have been difficult for the firefighters to see — instead of its direct right-hand side.

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As a result of the angle, the driver would have had a difficult time spotting the plane, regardless of where he was looking. If he had turned to the right, toward the plane, his view might have also been obstructed by the firefighter beside him:

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Possible sight lines for the driver

Note: Video shows possible sight lines about two seconds before collision. The New York Times

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The plane would have appeared in the right corner of the second firefighter’s field of view, but only if he had leaned forward slightly, turned his head to the right and looked in the plane’s direction. Here is what he might have seen right before the truck entered the runway about two seconds before collision:

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Possible sight lines for the second firefighter

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Note: Video shows possible sight lines about two seconds before collision. The New York Times

The analysis of the crash footage also shows that the truck turned slightly toward the left as it entered the runway. It is unclear whether it turned because the firefighters saw the plane, but the change in direction angled the firefighters farther away from the approaching plane, making it even harder to see.

Airports use these slanted taxiways because they allow planes to exit the runway more quickly, instead of having to make a sharp 90-degree turn at a slower speed.

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That said, the Federal Aviation Administration urges airports to use intersections configured at 90-degree angles because they give pilots and drivers the best visual perspectives to see other aircraft and vehicles, said Michael O’Donnell, a retired F.A.A. official and a former airport firefighter.

The truck did not slow down or stop before entering the runway

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The Times analysis of the crash footage indicates that the truck did not stop or slow down before entering the runway and that it was traveling at a relatively steady speed of about 30 miles per hour from the moment the air traffic controller first gave the warning to stop until the collision.

Note: Video shows estimated speeds of the truck and plane. The New York Times

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Slowing down or stopping entirely may have given the firefighters more time to look and assess any oncoming traffic on the runway.

Seconds after the controller first warned the truck to stop, about seven seconds before the crash, the convoy of vehicles that was following the lead truck slowed down and stopped while the lead truck continued.

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Once the tower clears an emergency response vehicle to cross a runway, the vehicle’s drivers are not expected to obey the stop marks on the pavement, Mr. O’Donnell said. But they are expected to look for aircraft before crossing and proceed with caution, he said.

Other distractions

It’s also likely that there were other visual distractions. The airport runway and taxiways are lined with lights. The night of the crash was rainy and misty, and the rain-slicked surface of the runway could have given it the appearance of a glaring light show.

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“At night, it’s basically like driving through a lit-up Christmas tree,” said Bobby Egbert, a spokesman for the Port Authority Police Benevolent Association, the officer’s union. “You have so many lights and the crew has to know exactly what those lights mean.”

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Emergency personnel responded to a Port Authority fire truck’s collision with an Air Canada jet on the runway at LaGuardia Airport in New York. Angela Weiss/Agence France-Presse via Getty Images

What the firefighters could have seen or not seen “with that equipment, at that time of night, with that illumination,” is one of the many components of the National Transportation Safety Board’s investigation, said Peter Knudson, a spokesman for the board, who said the preliminary report would be released later this month. He declined to answer questions about the crash, citing the ongoing investigation.

According to safety board officials, the airport’s runway status lights, set in the pavement at taxiways and runway crossings to warn of planes on or approaching the runway, were functional that night. Video analysis of the crash shows that the truck may have entered the runway around the same time as the lights went from red to dark, which they are designed to do a couple seconds before a plane passes.

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What the jet’s pilots may have seen

For the pilots, Captain Antoine Forest and First Officer Mackenzie Gunther, the truck was most likely in their field of vision from the cockpit, if they were looking down the runway:

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Note: Video shows estimated speeds of the truck and plane. The New York Times

About the same time that the fire truck entered the runway, the Air Canada jet dropped its speed sharply below what is typical after touchdown, according to a Times analysis that compared the jet’s flight data with hundreds of other landings on Runway 4 by the same aircraft model. The plane reduced its speed to about 100 miles per hour from about 140 miles per hour in about three seconds.

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The firefighters’ limited visibility is only one factor among many that the authorities are investigating as possibly contributing to the crash. They are also looking into any potential problems with air traffic controller staffing, radio miscommunications and vehicle tracking technology.

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How we analyzed the crash footage

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The Times estimated the position and speed of the lead fire truck by analyzing video of the crash, flight path data from Flightradar24, satellite imagery and the manufacturer’s dimensions of the vehicle.

First, we geolocated the camera in the crash video by matching landmarks in the footage (buildings, runway markings and lights) to their real-world positions in satellite imagery. From that fixed vantage point, we measured the span of the truck in each video frame. Those measurements — combined with the truck’s physical dimensions, its path along the taxiway and its position relative to the runway lights — allowed us to estimate its position frame by frame. From those positions and the video’s timestamps, we then calculated the truck’s speed. Our estimates of the truck’s position are within three feet, and its speed is within five miles per hour.

We placed the positional data of the truck into a georeferenced 3-D model of the airport, where we programmatically animated the vehicles along their paths. We tested our analysis by overlaying the video frames on the 3-D model rendered from the camera’s position, as seen in the video below.

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The Times also obtained flight data showing landings at LaGuardia Airport from several hundred aircraft — the same model as the Air Canada Express jet. The data helped us understand how the plane’s speed on the runway compared with that of other planes slowing down after a typical touchdown.

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Source: Video of the crash from @305topgun, via X The New York Times

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Retired Coast Guard officer with decades of public health experience is Trump’s pick to lead CDC | CNN

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Retired Coast Guard officer with decades of public health experience is Trump’s pick to lead CDC | CNN

President Donald Trump is nominating a former Coast Guard officer and public health official to lead the US Centers for Disease Control and Prevention.

The president named Dr. Erica Schwartz on Thursday to run the embattled agency, which has been without a permanent director since Dr. Susan Monarez’s ouster in August.

“It is my Honor to nominate the incredibly talented Dr. Erica Schwartz,” Trump wrote on Truth Social. “She is a STAR!”

Schwartz served as deputy surgeon general in Trump’s first administration, spent 24 years in the US Public Health Service Commissioned Corps and served as a rear admiral in the Coast Guard. She holds a medical degree from Brown University and a law degree from the University of Maryland.

US Health and Human Services Secretary Robert F. Kennedy Jr. and his team had recommended Schwartz to the president along with a slate of other appointees to shore up CDC leadership whom Trump also named Thursday.

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They include US Food and Drug Administration Principal Deputy Commissioner Dr. Sara Brenner, who will serve as a public health adviser to Kennedy; Dr. Jennifer Shuford, commissioner of the Texas health department, who will become CDC deputy director and chief medical officer; and Sean Slovenski, a former Walmart and Humana executive who will serve as a deputy director and chief operating officer.

The secretary nodded to the incoming group of CDC leaders during a congressional budget hearing on Thursday.

“We’re bringing in an extraordinary team. … The team has been leaked, and it’s gotten applause from both Republicans and Democrats,” Kennedy said before the House Appropriations subcommittee on health. “I think this new team is really going to be able to revolutionize CDC and get it back on track and get it doing the job that it does better than any other health agency in the world.”

Schwartz certainly has a background in the CDC’s areas of expertise. During her time with the Coast Guard, she led disease surveillance and vaccination programs and wrote Coast Guard policy on pandemic influenza and other viral disease outbreaks.

She also played a role in the government’s response to natural disasters, including hurricanes and earthquakes.

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Still, Schwartz will probably face skepticism from some senators over whether she’s willing to break with Kennedy on controversial issues such as vaccine policy.

The White House was under a deadline to nominate a permanent director of the CDC after Kennedy abruptly fired the last Senate-confirmed director, Monarez, in August. The federal Vacancies Act says a Senate-confirmed position can be open for only 210 days, and past that deadline, the agency cannot have an acting director. That 210-day mark fell in late March.

Currently, Dr. Jay Bhattacharya is serving a dual role as director of the National Institutes of Health and as head of the CDC, after serving as its acting director.

If confirmed into the role, Schwartz will inherit an agency looking to strike a balance between its traditional public health mission and a slew of high-profile changes, exits and proposed budget cuts.

Monarez was in office for just under a month before she was fired by Kennedy over her refusal to rubber-stamp changes to vaccine policy. After her dismissal, several high-level officials in the agency resigned in protest, leaving a leadership vacuum.

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Shortly after Monarez took office, a gunman who blamed vaccines for his health problems attacked the CDC’s Atlanta headquarters, firing more than 180 rounds that sprayed multiple buildings and killed DeKalb County Police Officer David Rose.

Prior to the shooting, CDC staffers had endured months of chaos. Thousands of reduction-in-force cuts hollowed out divisions and departments, though some of those were reinstated after legal action. Web pages on vaccine safety were edited without consultation with staff scientists to cast doubt on statements that vaccines do not cause autism. Political appointees filled top leadership posts that had once been occupied by career staff.

Kennedy dismissed a key panel of 17 experts that advise the CDC on its vaccine decisions, replacing them with his own picks, many of whom have emphasized the risks of vaccines while downplaying their health benefits. A federal judge has reversed some of Kennedy’s efforts, saying he probably violated federal procedures.

Meanwhile, measles cases in the US are at their highest level in three decades, and the nation risks losing its status as a country that has eliminated ongoing transmission of the highly infectious disease within its borders. Other infectious diseases, including whooping cough and mumps, have also surged as vaccination rates have dropped.

Schwartz will go before the Senate Health, Education, Labor and Pensions Committee for confirmation. The HELP committee has not yet voted on another Trump administration nominee, Dr. Casey Means, to serve as surgeon general. Means testified in a February hearing that circled back repeatedly to her views on vaccines, with some Republicans, including committee Chairman Bill Cassidy of Louisiana, expressing concerns about the administration’s changes to vaccine recommendations.

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Asked by lawmakers on Thursday about morale at the CDC, Kennedy said that it has improved since broad layoffs led by federal DOGE Services last year and that the new CDC leadership will help the agency progress.

“Morale is much better than it was a year ago. I think a year ago, it was really at a nadir. You know, during all the [reductions in force],” he said.

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