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Beltway Buzz, September 9, 2022

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Beltway Buzz, September 9, 2022


Congress Is Again. Summer season break is over, and like the numerous kids who’ve lately returned to high school, our congressional lawmakers returned to Washington, D.C., this week to kick off a four-week stint earlier than they go away to marketing campaign forward of the November elections. Democrats within the U.S. Home of Representatives and U.S. Senate hope to register some last-minute legislative victories throughout this era and collect momentum for the marketing campaign path, recognizing that unified Democratic management of Congress won’t carry over into 2023. In the course of the subsequent few weeks, Congress will probably concentrate on judicial department confirmations, federal authorities funding (a possible persevering with decision will lengthen the deadline to someday in December), army spending, and prescription drug pricing, amongst different points.

Senate to Vote on Respect for Marriage Act? Along with the aforementioned priorities, Senate Democrats are shifting nearer to a flooring vote on the Respect for Marriage Act (H.R. 8404), which might, amongst different issues, codify protections for same-sex marriage rights. The Home handed the invoice in July 2022 by a vote of 267–157, with 47 Republicans voting in favor of it. Proponents of the laws want ten Republican senators to assist their effort to defeat the legislative filibuster. If the act doesn’t cross throughout this session of Congress, it must be reintroduced within the 118th Congress, and its proponents must begin the legislative course of from scratch. The Buzz will probably be monitoring the method because it unfolds.

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NLRB Proposes New Joint-Employer Rule. On September 7, 2022, the Nationwide Labor Relations Board (NLRB) issued a discover of proposed rulemaking (NPRM) entitled “Commonplace for Figuring out Joint-Employer Standing.” The proposal is the most recent salvo within the practically decade-long coverage battle over the check for figuring out when a number of employers are “joint employers” of sure staff. On this newest effort, the Board proposes rescinding the 2020 joint employer rule and changing it with an ordinary—similar to 2015’s Browning-Ferris Industries (BFI) check—that will discover joint employment “with proof of oblique and reserved types of management, as long as these types of management bear on staff’ important phrases and situations of employment.” Mark Kisicki has the particulars.

Members John F. Ring and Marvin E. Kaplan dissented from the bulk’s determination to have interaction in rulemaking, arguing that there was “no legitimate justification” for overturning the 2020 rule, notably because it had not been utilized in a single case. Their dissent additionally criticized the proposed rule for its lack of clear steering, which may create uncertainty for the regulated neighborhood. Substantively, Ring and Kaplan argued that the proposed rule “wouldn’t merely return the Board to the BFI commonplace however would implement an ordinary significantly extra excessive than BFI” as a result of it will “make[] a never-exercised contractual reservation of proper to manage, or oblique management of or affect over a single time period or situation of employment deemed ‘important,’ determinative of joint-employer standing.” (Emphasis in authentic.) Feedback on the proposed rule are due by November 7, 2022, and reply feedback are due by November 21, 2022.

NLRB Restricts Office Costume Codes. Talking of the NLRB, final week the Board issued a 3–2 determination that restricts employers’ capability to implement office costume codes. The case concerned an space of a automotive manufacturing facility wherein staff had been required to put on black company-branded shirts, in addition to black cotton pants with no buttons, rivets, or uncovered zippers. The aim of the uniform was to stop harm to the automobiles throughout manufacturing and to assist distinguish amongst totally different teams of staff. Whereas the employer permitted staff to show union insignias on stickers worn on their shirts, it didn’t permit staff to put on union shirts.

The Board dominated that this observe was illegal, holding that “when an employer interferes in any approach with its staff’ proper to show union insignia, the employer should show particular circumstances that justify its interference.” (Emphasis in authentic.) Whereas dissenting members Ring and Kaplan agreed that “displaying union insignia within the office is a crucial approach staff train their rights underneath Part 7 of the Nationwide Labor Relations Act,” they argued that almost all determination “successfully nullifies the official pursuits served by employer costume codes by requiring that staff be permitted to ignore the costume code at any time when they want to substitute an merchandise of union attire, except particular circumstances are proven.” The dissent continued, “In different phrases, an employer’s proper to take care of a costume code and demand on compliance with it’s now the exception, not the rule—and even the exception could show illusory.”

RIP, Queen Elizabeth. Her Majesty Queen Elizabeth II died on September 8, 2022, on the age of ninety-six. Though a lot will probably be written about Queen Elizabeth and her seventy years of service as Britain’s longest-reigning monarch, on the Buzz, we bear in mind her tackle to a joint assembly of Congress on Might 16, 1991. The go to was historic for a number of causes. First, Queen Elizabeth was the primary British monarch to handle a joint assembly of Congress. Second, the Home created an exception to its long-standing prohibition on the sporting of hats on the ground—in place since 1837—to accommodate the Queen’s fashionable titfer. Lastly, Queen Elizabeth’s tackle is remembered for its poignant phrases, that are nonetheless related at the moment:

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The idea, so merely described by Abraham Lincoln as “authorities by the individuals, of the individuals, for the individuals,” is prime to our two nations. Your Congress and our Parliament are the dual pillars of our civilizations and the chief among the many many treasures that now we have inherited from our predecessors.

We, such as you, are staunch believers within the freedom of the person and the rule of a good and simply legislation. These ideas are shared with our European companions and with the broader Atlantic neighborhood. They’re the bedrock of the Western world.

Some individuals imagine that energy grows from the barrel of a gun. So it may. However historical past exhibits that it by no means grows nicely nor for very lengthy. Power, ultimately, is sterile. We’ve gone a greater approach. Our societies relaxation on mutual settlement, on contract and on consensus. A major a part of your social contract is written down in your Structure. Ours rests on customized and can. The spirit behind each, nevertheless, is exactly the identical. It’s the spirit of democracy.


© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.
Nationwide Legislation Overview, Quantity XII, Quantity 252



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Washington, D.C

Snow totals for DC, Maryland & Virginia, after overnight snowfall

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Snow totals for DC, Maryland & Virginia, after overnight snowfall


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A winter weather system threatens the Washington, D.C. region this weekend.

According to FOX 5’s Gwen Tolbart, a Winter Weather Advisory until 1 a.m. Sunday for Garrett, Western Highland, Western Grant and Western Pendleton counties. An additional 2 to 4 inches of snow is possible with some isolated amounts up to 6 inches. 

How much snow this weekend in DC? Snow forecast, timeline & expected totals

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Gusty afternoon winds are expected to reach 40 mph and will cause blowing snow in the advisory area. Poor visibility and slick road conditions are to be expected.

Saturday will welcome some clouds that will eventually thin out to leave us with partly sunny skies. The highs are expected to remain in the 30s. Winds will be gusty from the Northwest region 10-15G30 mph. A very cold night ahead with mostly clear skies of 24F.

More sunshine is expected for Sunday with passing clouds. A cold and slightly breezy day on the horizon with highs again in the 30s. Overnight temperatures will drop to the low 20s and teens.

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Washington, D.C

Report: The Trumps are in talks to buy back D.C. hotel lease

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Report: The Trumps are in talks to buy back D.C. hotel lease


The Trump Organization is engaged in preliminary discussions to reclaim the lease on its former hotel in Washington, D.C., reports the Wall Street Journal. 

The hotel is currently operating as a Waldorf Astoria.

The Wall Street Journal said Trump Organization executive vice president Eric Trump met with an executive from BDT & MSD Partners at Mar-a-Lago earlier this week to discuss purchasing the lease rights to the former Trump International Hotel Washington D.C. 

BDT & MSD Partners currently controls the property’s lease, following a 2023 default and subsequent foreclosure by previous leaseholder CGI Merchant Group. The Trump Organization sold the hotel’s lease to CGI in 2022, and the hotel was reflagged as a Waldorf Astoria.

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The 263-room hotel, which occupies the Old Post Office building, opened as a Trump hotel in 2016. 

During President Donald Trump’s first presidency, the hotel was a prominent gathering spot for Republican lawmakers, lobbyists and others with business involving the administration. The property came under intense scrutiny because of ethical and legal concerns. 

The hotel has some of the largest guestrooms in the city. Top-tier accommodations include the 4,000-square-foot Presidential One Bedroom Suite and 6,300-square-foot Waldorf Townhouse Two Bedroom Bi-Level Suite.

The hotel is home to restaurants The Bazaar by Jose Andres and the Michelin-starred Sushi Nakazawa, plus 38,000 square feet of event space and a 10,000-square-foot Waldorf Astoria Spa.



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Washington, D.C

Man at the center of Washington DC ‘Pizzagate’ killed during North Carolina traffic stop

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Man at the center of Washington DC ‘Pizzagate’ killed during North Carolina traffic stop


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The man who stormed into a Washington D.C. restaurant with loaded weapons during an incident widely known as “Pizzagate” is now dead after North Carolina police shot him during a traffic stop.

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Edgar Maddison Welch, 36, was shot just after 10 p.m. last Saturday, Kannapolis Fire and Police wrote in a news release this week.

Welch is the same Salisbury, North Carolina man who in December 2016, showed up to Comet Ping Pong, a pizzeria in Washington DC., with loaded weapons to investigate “unfounded rumors concerning a child sex-trafficking ring” that was allegedly operating out of the restaurant, federal prosecutors said.

He pleaded guilty in March 2017 to a federal charge of interstate transportation of a firearm and ammunition, as well as a District of Columbia charge of assault with a dangerous weapon. 

Three months later, he was sentenced to four years in prison.

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What is ‘Pizzagate’? What happened at Comet Ping Pong?

Welch’s initial reason for making headlines in 2016 stemmed from rumors of a child sex trafficking ring allegedly operating out of the pizza restaurant he stormed into, according to the U.S. Attorney’s Office in the District of Columbia.

Rumors began circulating online that the restaurant was part of a trafficking ring operated by then-Democratic presidential nominee Hillary Clinton – a fake news campaign targeting Clinton during the general election.

Welch allegedly tried to recruit people to participate in the storming of the restaurant leading up to Dec. 4. He’d texted someone saying he was “raiding a pedo ring” and sacrificing “the lives of a few for the lives of many.”

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Prosecutors said Welch traveled from North Carolina to Washington D.C. with three loaded firearms, including a 9mm AR-15 assault rifle loaded with 29 rounds of ammunition, a fully-loaded, six-shot, .38-caliber revolver and a loaded shotgun with additional shotgun shells.

Welch parked his car and around 3 p.m., walked into the restaurant, where multiple employees and customers were present, including children, the U.S. Attorney’s Office in the District of Columbia said in a news release.

“He was carrying the AR-15 openly, with one hand on the pistol grip, and the other hand on the hand guard around the barrel, such that anyone with an unobstructed view could see the gun,” the office wrote in the news release. 

Once customers and employees saw Welch, they fled the building. Welch was also accused of trying to get into a locked room by forcing the door open, first with a butter knife and then shooting his assault rifle multiple times into the door.

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Shortly after he walked into the restaurant, an employee who had no idea what was going on walked in carrying pizza dough, federal prosecutors said. When Welch saw the employee, he turned toward the worker with the assault rifle, which made the employee think he was going to shoot them. The employee then ran out, leaving Welch alone in the restaurant. 

Welch spent more than 20 minutes inside the restaurant, then walked out, leaving his firearms inside. Officials then arrested him.

When Welch was sentenced to four years in prison, he was also ordered to serve three years of supervised release, during which he’d have to get a mental health assessment. 

He was also ordered to stay away from the Comet Ping Pong restaurant while released and to pay $5,744 in restitution for property damage.

What happened leading up to the Welch’s death?

The deadly traffic stop happened the night of Jan. 4, said Kannapolis Chief of Police Terry L. Spry in a news release. 

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Around 10 p.m., a Kannapolis Police Officer patrolling North Cannon Boulevard spotted a gray 2001 GMC Yukon. The officer recognized the vehicle because he’d previously arrested someone who frequently drove the vehicle, Welch. He also knew Welch had an outstanding warrant for his arrest, police said.

The officer stopped the vehicle and recognized the front seat passenger as Welch, who had an outstanding arrest warrant for felony probation violation, police said. While the officer was speaking with Welch, two additional officers showed up to help.

As the officer who made the traffic stop approached the passenger side of the vehicle and opened the front passenger door to arrest the individual, the passenger pulled out a handgun and pointed it at the officer. 

The initial officer and a second officer who was standing at the rear passenger side of the Yukon ordered the man to drop the gun. After the passenger failed to lower his gun, both officers fired at him, hitting him.

Officials called for medical assistance for Welch who was taken to a hospital for treatment. He was later taken to another hospital, where he died from his injuries two days after the shooting.

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None of the officers at the traffic stop were hurt and neither were the driver and back seat passenger in the vehicle with Welch.

The officers involved who fired their weapons were Officer Brooks Jones and Officer Caleb Tate. The third officer at the scene did not fire his weapon, police said.

District Attorney will decide next steps in traffic stop shooting death

An outside law enforcement agency has been requested to investigate the shooting.

“This practice ensures there is no bias during the investigation and the findings of the investigation are presented to the District Attorney without any influence by a member of the department,” the police chief wrote in the news release. 

The North Carolina State Bureau of Investigation is still investigating the shooting and the two officers who fired their weapons are on administrative leave, which the police said is standard protocol.  

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Cabarrus County District Attorney Ashlie Shanley will decide what the next steps are, police said.

Contributing: Kevin Johnson, USA TODAY

Saleen Martin is a reporter on USA TODAY’s NOW team. She is from Norfolk, Virginia the 757. Follow her on Twitter at @SaleenMartin or email her at sdmartin@usatoday.com.





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