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Newsom promised to address California’s high gas costs. But the politics are tricky

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Simply how Gov. Gavin Newsom plans to make good on his promise this week to place cash “again within the pockets” of Californians stung by the sharp rise in fuel costs stays murky, however suspending or decreasing the state’s highest-in-the-nation fuel tax seems much less and fewer possible.

The hesitation to tinker with California’s steep gasoline excise tax of 51 cents per gallon — even throughout an election 12 months by which voters are feeling the pinch on the pump as costs proceed to skyrocket amid Russia’s invasion of Ukraine — demonstrates simply how politically delicate the difficulty stays in a state recognized for its ribbons of freeways and worship of the auto.

Although Newsom in his January finances proposal referred to as for canceling a rise in California’s fuel tax scheduled for July, his administration can also be contemplating options that might present direct funds to residents.

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The governor’s senior communications advisor, Anthony York, mentioned on Thursday that the administration is worried {that a} lower within the state fuel tax may not get handed alongside to drivers on the pump. The governor desires to make sure that any reduction goes to Californians and is “not pocketed by the oil firms,” York mentioned.

After Newsom vowed in his State of the State speech Tuesday to work with legislative leaders to supply California’s monetary reduction “to deal with rising fuel prices,” senior advisor Dee Dee Myers additionally instructed reporters the rebates have been prone to be despatched to Californians with automobiles and will value the state billions of {dollars}. Administration officers have since backtracked on that, saying it was certainly one of a number of choices being explored by the governor.

Meeting Speaker Anthony Rendon (D-Lakewood) and Senate President Professional Tem Toni Atkins (D-San Diego) already signaled their opposition to decreasing the fuel tax, even briefly, saying it could not present substantial help and will scale back funding for vital street and bridge repairs statewide. They favor basic tax reduction to assist Californians fighting rising prices, not just for fuel however meals, hire and different life necessities.

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Republicans are utilizing the excessive fuel costs to their political benefit.

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Meeting Republican Chief James Gallagher of Yuba Metropolis has joined with different GOP lawmakers in calling for suspending all state fuel taxes for six months, saying the state can afford to backfill funds for vital transportation tasks with a portion of a large state finances surplus that the Newsom administration estimates to be greater than $45 billion.

“You’re telling me we will’t give this reduction to shoppers. One of many greatest issues that they’re dealing with proper now’s the excessive value of dwelling, together with fuel, utility payments which are getting larger, rents, the price of housing,” Gallagher mentioned after listening to Newsom’s speech in Sacramento on Tuesday. “One thing’s incorrect. We’re not doing the issues that we have to do to make sure that folks’s prices are lowered.”

Gallagher mentioned it could present instantaneous reduction to Californians, significantly lower-income residents who usually tend to have lengthy commutes to work.

In 2017, the Democratic-controlled Legislature handed Senate Invoice 1, which then-Gov. Jerry Brown signed into legislation, levying the state’s first fuel tax enhance in 23 years to repair California’s roads and bridges in disrepair — 12 cents per gallon. Underneath the legislation, the tax will increase every year on July 1 primarily based on the expansion within the California Client Value Index.

Final July, the tax elevated from 50.5 cents per gallon to 51.1 cents per gallon. This upcoming July, it’s scheduled to extend to 53.9 cents per gallon, in line with the state Division of Finance. California’s complete state taxes and different fees on gasoline are the best within the nation, in line with the Tax Basis, a conservative-leaning assume tank primarily based in Washington.

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The state expects SB 1 to generate greater than $5 billion yearly in the course of the first decade of its implementation. Based on the Legislative Analyst’s Workplace, the state’s gas taxes have been anticipated to boost $8.8 billion within the 2021-2022 fiscal 12 months.

Nonetheless, state officers say that may fall far wanting the quantity wanted to deal with shortcomings within the transportation system. The California Division of Transportation estimates it should want $122.9 billion over 10 years to keep up present roads and bridges, due partly to growing prices and the age of the infrastructure. The funding will handle about 45% of the full “recognized wants,” the company wrote in a 2021 report despatched to the California Transportation Fee.

A lot of the state fuel tax income helps state freeway upkeep, rehabilitation and enhancements, and practically one-third goes on to cities and counties.

The 2017 fuel tax enhance handed after a fierce debate within the Legislature, squeaking by in each the Meeting and Senate with the minimal votes required in each homes. Political turbulence adopted shut behind.

In 2018, Republicans launched a profitable recall effort in opposition to Orange County Democratic state Sen. Josh Newman, fueled by his vote in favor of the fuel tax. Newman reclaimed his seat in 2020.

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That very same 12 months, California voters rejected a statewide poll measure, Proposition 6, to repeal the fuel tax enhance. The measure confronted a barrage of opposition from commerce unions, contractors, Democratic leaders and the California Chamber of Commerce, which mentioned it “makes our bridges and roads much less protected and jeopardizes public security.”

“For many years, the fuel tax was a poisonous political soccer,” mentioned state Sen. Scott Wiener (D-San Francisco). “We have to simply go away the fuel tax alone and concentrate on different types of tax rebates or different helps for working households. We have now the instruments to try this.”

California Transportation Fee member Michele Martinez, who served for 12 years on the Santa Ana Metropolis Council, mentioned the state’s fuel tax system is worthy of evaluation, particularly as the recognition of electrical automobiles grows. Electrical automotive homeowners don’t pay fuel taxes however nonetheless drive on the identical roads and bridges maintained by those that should pay the taxes, she mentioned.

“I perceive that decrease gas costs will assist many Californians who can’t afford to drive electrical automobiles on the freeway,” Martinez mentioned. “I paid $8.95 to cost my electrical automotive at 90%. How is that this honest? That is the difficulty with the present fuel tax system.”

Republican political marketing consultant Dave Gilliard, who labored with proponents of Proposition 6, mentioned occasions have modified. When the tax repeal failed, the worth of a gallon of fuel was two {dollars} cheaper than it’s right now, and polls present that the rising value of dwelling in California — pushed partly by fuel costs — has change into a serious concern amongst Californians. He argued that the fuel tax is regressive since all Californians pay the identical quantity on the pump, no matter revenue, which hits tougher amongst lower-income Californians.

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“In case you lower the fuel tax, all people advantages. Individuals who commute, individuals who don’t commute,” Gilliard mentioned. “The simplest method to decrease the price of dwelling proper now, and there’s not an entire lot they’ll do, however one factor they’ll do in a single day is slash the fuel tax.”

Gilliard additionally mentioned that voters are usually not prone to help any plan by the governor and Democratic legislative management to supply tax rebates solely to sure Californians, and never all of these affected by the excessive fuel costs. He particularly pointed to the “Golden State Stimulus,” which despatched out $600 checks to Californians who earned as much as $75,000 a 12 months — costing a complete of $11.8 billion.

Newsom has referred to as it the “largest state tax rebate in American historical past.” However Gilliard argued that it wasn’t a rebate, since funds weren’t despatched to each Californian who paid state taxes.

“Lots of Republicans and lots of people are skeptical of the governor’s plan, that it’ll find yourself turning into some type of revenue redistribution plan and it’ll not go to all people,” Gilliard mentioned.

Occasions workers author Taryn Luna contributed to this report.

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Republicans declare Biden 'unfit for office' following 'disastrous' debate performance

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Republicans declare Biden 'unfit for office' following 'disastrous' debate performance

Republicans were in full celebratory mode following Thursday’s debate between former President Trump and President Biden.

Multiple elected officials took to social media following the debate to celebrate what they described as a “resounding victory” for Trump, and a “disastrous” performance by Biden.

“Three things are clear: America was and is better under a Trump Administration, Biden is unfit to be in office and the people in his orbit should be ashamed of propping him up, Trump dominated. There can’t possibly be a second debate,” South Carolina Sen. Tim Scott, who is widely believed to be a frontrunner on Trump’s VP shortlist, wrote in a post on X, formerly Twitter. 

BIDEN RIPPED FOR ‘OLD’ APPEARANCE, ‘WEAK’ VOICE DURING FIRST PRESIDENTIAL DEBATE: ‘DEEPLY ALARMING’

Alabama Sen. Katie Britt wrote, “Congratulations to President Trump on his resounding victory in tonight’s Presidential Debate. The Biden-Harris experiment has failed. It’s time to return strength to the White House,” while North Dakota Gov. Doug Burgum, another possible VP pick, wrote Biden “offered no answers” on the major problems facing Americans.

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“President Trump was clear, and he’s got the record to back it up! This debate was a knockout for Donald Trump,” he added.

Republican National Committee (RNC) Chairman Michael Whatley called Trump’s debate performance “dominant,” and said Biden “couldn’t even understand the questions.”

TRUMP VOWS HE ‘WILL NOT BLOCK’ ABORTION PILLS OR MEDICATION IF ELECTED, SAYS HE BELIEVES IN ‘EXCEPTIONS’

Another account linked to the RNC poked fun at Biden’s closing statement, writing, “Biden ends his disastrous and humiliating debate performance just as he began — rambling incoherently. He’s not only not playing with a full deck — he can’t even find the deck. SAD!” 

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Republican Arizona Senate candidate Kari Lake, Republican South Carolina Sen. Tim Scott and Republican Alabama Sen. Katie Britt. (Getty Images)

Rep. Elise Stefanik, R-N.Y., claimed Trump “proved” he is the only candidate who can save the U.S., while Republican conservative firebrand and Arizona Senate candidate Kari Lake said “[Biden] is clearly unfit for this job. I think it’s time we bring back the President that coined the phrase, YOU’RE FIRED!”

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

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Trump's answer to foreign policy woes: Never would have happened

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Trump's answer to foreign policy woes: Never would have happened

In the presidential debate former President Trump insisted repeatedly that if he had still been in the White House, Russia would not have invaded Ukraine and Hamas would not have invaded Israel.

Both claims are unprovable. But Trump repeated the assertion again and again in his debate Thursday night with President Biden.

It is true, foreign policy analysts have said, that Trump might have been able to discourage Putin from invading Ukraine — but, they’ve asked, at what cost?

Trump, a vocal admirer of Russian President Vladimir Putin, might have made concessions to Moscow — such as sacrificing Ukrainian territory — that many in the West would find unpalatable.

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After the Russian invasion in 2022, Biden was able to rally and fortify NATO in the face of Russian aggression against Ukraine. It seems unlikely Trump would have had that influence, given that the largest of NATO countries were generally contemptuous of Trump during his administration.

Trump’s claim that Hamas in Gaza and Hezbollah in Lebanon, both militant groups backed by Iran, became emboldened because Biden’s policies built up Iran are also not completely true. The Obama administration did unfreeze some Iranian assets in foreign banks as part of the landmark Iran nuclear deal in 2015, which curbed Iran’s nuclear aspirations.

It was Trump’s decision in 2018, however, to abandon the nuclear deal — he said it didn’t go far enough — that sent Iran on a major quest to enrich uranium, which has now brought the Islamic Republic closer than ever to being able to produce a nuclear bomb.

Trump, whose support for Israel essentially eliminated Palestinian statehood aspirations from the picture, took a swipe at Biden in the debate for what he described as failing to supply Israel with the weapons it needs to fight Hamas. Biden said that is not true. The Biden administration held up a single shipment of 2,000-pound bombs to prevent them from being used in the overly crowded Gazan city of Rafah during an offensive earlier this month.

Robust weapons shipments have continued, the Pentagon says. Trump attacked Biden for his bungled handling of the U.S. withdrawal from Afghanistan in 2021. To be sure, it was a chaotic disaster that killed 13 American service members and dozens of Afghans.

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It was one of the darkest stains on Biden’s foreign policy record. However, he was fulfilling the agreement that Trump executed — in rare negotiations with the Taliban — before leaving office.

Trump also revived a lie he told in the months leading up to his first impeachment over attempts to pressure Ukrainian President Volodymyr Zelensky to dig up dirt on the Biden family. He said Biden, as vice president, had sought to get fired a Ukrainian attorney general who was targeting his son Hunter Biden.

In fact, the prosecutor was blacklisted by the European Union, the U.S. and other groups because of his refusal to tackle corruption, which international entities had established as a task for Kyiv before it could be considered for EU membership and other benefits.

On the Ukraine war, Trump said he would be able to “get it settled fast” before he even took office on Jan. 21. In other venues, he has also said he could get Wall Street Journal reporter Evan Gershkovich freed from Russian authorities who arrested him on what the U.S. says are trumped-up espionage charges. In both cases, Trump is making claims impossible to test.

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Read Judge Cannon’s Ruling

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Read Judge Cannon’s Ruling

Case 9:23-cr-80101-AMC Document 655 Entered on FLSD Docket 06/27/2024 Page 2 of 11
CASE NO. 23-80101-CR-CANNON
showing” that the affidavit in support of the Mar-a-Lago search warrant contains any material false
statements or omissions. The balance of the Motion cannot be resolved on the current record,
however, because of pertinent factual disputes, and thus the Court RESERVES RULING on those
issues as stated below, pending an evidentiary suppression hearing to be scheduled by separate
order.
DISCUSSION
A. LEGAL PRINCIPLES GOVERNING A FRANKS HEARING
The Supreme Court has expressed “a strong preference” for searches conducted pursuant
to a warrant and has directed courts to accord “great deference” to a magistrate’s determination of
probable cause. United States v. Leon, 468 U.S. 897, 914 (1984) (internal quotation marks
omitted); id. at 922 (“[A] warrant issued by a magistrate normally suffices to establish that a law
enforcement officer has acted in good faith in conducting the search.”) (internal quotation marks
omitted). To this end, affidavits supporting warrants are presumptively valid, Franks v. Delaware,
438 U.S. 154, 171 (1978), and courts should not invalidate warrants by interpreting affidavits in a
“hypertechnical, rather than . . . commonsense, manner,” Illinois v. Gates, 462 U.S. 213, 236,
(1983) (internal quotation marks omitted).
As enunciated in Franks, however, deference to a magistrate’s determination of probable
cause “does not preclude inquiry into the knowing or reckless falsity of the affidavit on which that
determination was based.” Leon, 468 U.S. at 914. This derives from the root assumption that,
when the Fourth Amendment requires probable cause for the issuance of a warrant, the showing
of probable cause will be “truthful.” Franks, 438 U.S. at 164–65. “Truthful” in this context does
not mean, however, “that every fact recited in the warrant affidavit is necessarily correct, for
probable cause may be founded upon hearsay and upon information received from informants, as
well as upon information within the affiant’s own knowledge that sometimes must be garnered
2

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