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Jan. 6 defendant allowed by court to attend Trump inauguration at the U.S. Capitol

Eric Lee Peterson, of Kansas City, Missouri, pleaded guilty to knowingly and unlawfully entering the U.S. Capitol on Jan. 6, 2021. In this Department of Justice photo, he is shown during the U.S. Capitol attack. (Photo from U.S. Department of Justice court filing)

Eric Lee Peterson, of Kansas City, Missouri, pleaded guilty to knowingly and unlawfully entering the U.S. Capitol on Jan. 6, 2021. In this Department of Justice photo, he is shown during the U.S. Capitol attack. (Photo from U.S. Department of Justice court filing)

WASHINGTON — A Kansas City, Missouri, man who pleaded guilty to entering the U.S. Capitol on Jan. 6, 2021, and expects a pardon from President-elect Donald Trump will be allowed to attend Trump’s inauguration, a federal judge ordered Thursday.

U.S. District Judge Tanya Chutkan, who presided over Trump’s election subversion case in the District of Columbia, granted Eric Lee Peterson’s request to attend the president-elect’s swearing-in ceremony on Jan. 20 in Washington, D.C., as well as a request to expand his local travel restrictions while on bond.

Peterson’s attorney Michael Bullotta argued in a motion filed Tuesday that his client deserved the exceptions because he does not have a criminal record and “(h)is offense was entering and remaining in the Capitol for about 8 minutes without proper authorization.”

“Apart from being reasonable on their face, these two modification requests are even more appropriate in light of the incoming Trump administration’s confirmations that President Trump will fully pardon those in Mr. Peterson’s position on his first day in office on January 20, 2025. Thus, his scheduled sentencing hearing before this Court on January 27, 2025 will likely be rendered moot,” Bullotta wrote.

Trump repeatedly promised on the campaign trail to pardon the Jan. 6 defendants, whom he exalted as “patriots,” “warriors” and “hostages.”

The president-elect said during a Dec. 8 interview on NBC News’ “Meet the Press with Kristen Welker” that he’s “going to be acting very quickly” to pardon the defendants on day one — though he indicated he might make exceptions “if somebody was radical, crazy.”

During that interview, Trump also threatened imprisonment for former GOP Rep. Liz Cheney of Wyoming and current Democratic Rep. Bennie Thompson of Mississippi, who together oversaw the congressional committee to investigate the Jan. 6 attack.

Peterson pleaded guilty to knowingly and unlawfully entering and remaining in a restricted building or grounds, for which he faces up to one year in prison, plus a fine.

As part of the plea, he agreed to pay $500 in restitution toward the estimated $2.8 million in damages to the Capitol, according to court filings. Peterson also agreed to hand over to authorities access to all of his social media communication on and around the date of the riot.

Approximately 1,572 people faced federal charges following the attack on the Capitol that stopped Congress for hours from certifying the 2020 presidential election victory for Joe Biden.

Lawmakers and Vice President Mike Pence evacuated to secured locations within the Capitol as rioters assaulted roughly 140 police officers and vandalized several parts of the building, including lawmakers’ offices.

Peterson is among the 996 defendants who pleaded guilty to charges, according to the latest Department of Justice data.

Peterson appeared on both surveillance video from inside the Capitol and publicly available third-party video taken outside the building during the riot, according to a statement of offense signed by Peterson on Oct. 29.

Peterson, in a pink t-shirt over a dark hooded sweatshirt, stood among the crowd of rioters outside the locked Rotunda doors “as the building alarm audibly blared from within the Capitol building,” according to the statement.

Further, the court filing states Peterson entered the building at 3:03 p.m. Eastern and “walked right by a police officer posted at the doors.”

While inside the Rotunda, where several U.S. Capitol Police were present, Peterson took cell phone photos. He exited the building at 3:11 p.m., but remained on the Capitol’s restricted Upper West Terrace afterward, according to the statement.

Peterson was arrested in early August and originally faced a total of four charges that included disorderly conduct and parading, picketing and demonstrating inside the Capitol.

Casting their electoral votes for Trump, Wisconsin Republicans declare their party’s on a roll

By: Erik Gunn

From left, former Gov. Tommy Thompson and Republican Party of Wisconsin Chair Brian Schimming speak to reporters after casting their Electoral College votes for President-elect Donald Trump on Tuesday. (Erik Gunn | Wisconsin Examiner)

Wisconsin’s 10 Republican presidential electors — meeting officially Tuesday for the first time since 2016 — cast their votes shortly after 12 noon for President-elect Donald Trump and Vice President-elect J.D. Vance.

Afterward, state GOP Chair Brian Schimming and former Gov. Tommy Thompson cheerfully asserted their party was on a roll and declared that the Democratic Party of Wisconsin was in for a period of soul-searching after having been “completely captured by the left” and taken over by “elitists.”

“I don’t know if everybody realizes this as much as I do, but there’s been a complete transformation of the political parties — in the state of Wisconsin, across this country,” Thompson told a swarm of reporters who gathered in the Legislature’s Joint Finance Committee meeting room on fourth floor of the state Capitol.

“The Republican Party is the party of the working man and woman,” Thompson said. “The Republican Party is the party of the downtrodden and the individuals that need help. The Democrat Party has become a party of elitists, and their policies show that. The Republican Party has been out there asking, what are the problems? What are the questions? Inflation, taxes, regulation. They’re also talking about how you can improve schools, education, and Republicans are there, front and center with ideas and answers, and the Democrats have been vacant. They’ve been vacuous in the last four years.”

The press gaggle followed a formal procedure in which each of the 10 electors signed six copies of the papers documenting Wisconsin’s Electoral College votes for Trump and Vance in 2024. The documents will be forwarded to Washington as part of the Congressional procedure in early January certifying the election results.  

In 2020, 10 Republicans also met in the Capitol and signed forms asserting that Trump, then the incumbent president, had  won Wisconsin’s electoral votes in that year’s presidential race. In fact, President Joe Biden had defeated Trump in Wisconsin by about 20,600 votes, and the state’s official electors were Democrats led by Gov. Tony Evers.

Legal ramifications of the Republicans’ 2020 false electors scheme are still playing out. In June, Wisconsin Attorney General Josh Kaul filed felony forgery charges against three people accused of developing the 2020 plan to have false slates of electors vote for Trump. The defendants had their first court appearance Dec. 12.

Asked his reaction to those latest charges, Thompson said Tuesday  prosecutors and the country should move on.

“Isn’t it about time to turn the page?” Thompson said. “I mean, we can fight over the election of 2020 for the next four years. What does it get us? Isn’t about time to say, you know, we’ve had, we’ve had a lot of differences. This is time to start trying to mend ways in solving America’s problems, Wisconsin’s problems.”

“No one is above the law — not lawyers for former presidents or elected officials themselves,” said Democratic Party of Wisconsin Executive Director Sarah Abel in a statement responding to the GOP press conference. “We can’t move forward unless we learn from the mistakes of the past, and that includes holding accountable those who undermined our democracy and tried to overturn a free and fair election because they didn’t like the outcome.”

Schimming described the Republicans’ victories this year , in which they captured the White House, the U.S. House and the U.S. Senate, as evidence that the party connected with voters  outside as well as inside the GOP. And, he added, those voters remain enthusiastic supporters and volunteers who will power the party forward.

“As I travel across the state, the folks that we identified as Trump voters — not just Republicans, but a lot of people who were concerned about the direction of the country — are extremely motivated,” Schimming said.

“Donald Trump is the face of the Republican Party right now,” Thompson said. “We have control of the Congress and the presidency — we got to deliver to the American people,” he added. “It’s up to us now to show America that we’re going to be able to do it, and I’m confident we’re going to be able to do that without any doubt whatsoever.”

Abel pointed to the divided results in Wisconsin, in which Democratic Sen. Tammy Baldwin won reelection even as Trump was elected by a slim margin and Democrats picked up seats in the state Legislature, to reject the Republicans’ depiction of the outcome. 

“Let’s not pretend that the Republican Party has a monopoly over Wisconsin,” Abel said. “Neither party swept the state in 2024, and the GOP is grasping at straws as they see their grip on power here fading away. Wisconsin Democrats are built to last. We have a progressive identity that exists separately from the leader of our party — and Republicans can’t say the same.”

Thompson, who headed the U.S. Department of Health and Human Services under President George W. Bush, also stood by his previous endorsement of Robert F. Kennedy Jr., Trump’s choice to head the agency.

Kennedy has been widely criticized for anti-vaccine positions. On Dec. 9, dozens of Nobel laureates released a letter opposing Kennedy’s nomination because of his opposition to vaccines as well as to other public health measures.

Thompson said the suggestion that Kennedy harbored hostility toward vaccines is “misreading what he said,” adding, “I’m hoping what he said is not correct.” Kennedy’s past criticisms of vaccines included the “implied” question, “is that based upon science?” Thompson argued. “I think everything has got to be based on science.”

Thompson said he supported Kennedy because the nominee’s stated goals include improving Americans’ health, ensuring foods are healthier, “trying to make sure that all medicines are based upon science — who’s against that?” and that he favors speeding up the process of approving new drugs. “I’m in favor of all of those,” Thompson said, “and that’s why I support him.”

Asked about Democratic Party of Wisconsin Chair Ben Wikler’s campaign to head the national party, Thompson joked, “I’m going to contribute to it,” then later said Wikler “is a very good politician” whom he wished well.

Schimming called Wikler “obviously a talented guy,” but asserted that the party needed more dramatic change. “The Democratic Party has been completely captured by the left, and they can’t seem to figure out that that’s part of their problem,” he said. “And if they continue not figuring it out, that’s fine.”

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Congress may have to ‘put the brakes on’ some uses of presidential power, Thune says

U.S. Sen. John Thune (R-South Dakota) speaks to the Brandon Valley Area Chamber of Commerce on Nov. 26, 2024, in Brandon. (Makenzie Huber | South Dakota Searchlight)

BRANDON — Incoming U.S. Senate Majority Leader John Thune (R-South Dakota) signaled Tuesday he’s willing to push back against potential attempts by President-elect Donald Trump to expand presidential power over federal spending.

“Every president is going to come in and try to do as much as they can by executive action as possible,” Thune said. “Congress, in some cases, is going to be the entity that sometimes will have to put the brakes on.”

Thune spoke Tuesday to the Brandon Valley Area Chamber of Commerce and also took questions from reporters. He said Republicans in Congress will work with Trump to achieve shared policy goals.

“The things we want to achieve at present are by and large the same,” Thune said. “How we get there is another matter, and we’ll have to work through that.”

Trump’s pick for his budget director, Russ Vought, served in the same role during the first Trump administration. Vought has since outlined an aggressive vision for presidential power in Project 2025, a 922-page document from the conservative-leaning Heritage Foundation.

“The President should use every possible tool to propose and impose fiscal discipline on the federal government.” Vought wrote. “Anything short of that would constitute abject failure.”

Trump has meanwhile tried to assert greater control over the Cabinet selection process, calling for the Senate to recess the chamber early next year so he can appoint whoever he wants without having to go through the confirmation process.

Thune said Tuesday he plans to immediately begin committee hearings on Cabinet nominees when Congress is sworn in on Jan. 3, 2025.

That’ll give the Senate a head start vetting Trump’s nominees before his inauguration on Jan. 20. After Trump is sworn in, Thune expects some nominations to quickly hit the floor of the Senate.

“The committees can’t report them out until the president is officially sworn in and they’re officially nominated,” Thune told the audience Tuesday in Brandon. “But they could do hearings.”

Thune told South Dakota reporters after the event that even though some questions have been raised about nominees, they “deserve a fair process” where senators question them on their background, qualifications and whether they “ought to be in these really important positions.”

Thune said he has not taken recess appointments off the table if Democrats try to obstruct or delay the confirmation of nominees when they reach the Senate floor, “particularly if they’re well regarded and they have bipartisan support.”

Top priorities for Republican senators heading into the new session of Congress, Thune said, include extending Trump’s 2017 tax cuts and securing the nation’s southern border.

Thune said he plans to begin drafting a budget reconciliation resolution to push an extension of the 2017 Tax Cuts and Jobs Act, key provisions of which expire at the end of 2025. The reconciliation process allows tax and spending bills to pass the Senate with 51 votes, instead of the 60 needed for most Senate legislation. Republicans will control 53 seats in the new Senate and will also control the House.

Failing to extend the tax cuts would lead to a $4 trillion tax increase, Thune said.

States Newsroom’s D.C. Bureau contributed to this report.

South Dakota Searchlight is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. South Dakota Searchlight maintains editorial independence. Contact Editor Seth Tupper for questions: info@southdakotasearchlight.com. Follow South Dakota Searchlight on Facebook and X.

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Trump still has not signed critical transition agreements allowing access to agencies

The South Portico of the White House is seen Wednesday, Feb. 23, 2022. (Official White House Photo by Adam Schultz)

WASHINGTON — Less than two months before being sworn into office, President-elect Donald Trump has yet to sign the presidential transition paperwork that unlocks critical clearances, information and access to White House resources for his transition team.

Political experts say this is worrisome because history shows the period early in a presidency can be a vulnerable time for a new administration, and the point of easing the transition is so a new president’s staff can access government offices early and avoid problems.

Trump, who has rapidly announced senior staff and Cabinet picks over the last 15 days, has still not finalized multiple agreements that are foundational for his team to begin receiving confidential information and briefings across all federal agencies, as well as millions of dollars in transition resources, including office space and staff assistance.

The Trump-Vance transition team has not responded to multiple requests for a status update on the agreements. Transition spokesperson Brian Hughes told States Newsroom in an email Nov. 11 that the team’s lawyers “continue to constructively engage with the Biden-Harris Administration lawyers regarding all agreements contemplated by the Presidential Transition Act. We will update you once a decision is made.”

White House press secretary Karine Jean-Pierre told reporters Thursday that the “teams continue to stay in touch.”

“So we’re going to continue to engage with the Trump transition team to ensure that we do have that efficient, effective transition of power,” she said.

The White House did not respond for further comment Friday.

President Joe Biden met with Trump at the White House on Nov. 13 to discuss the transition.

‘Absolutely critical’

The agreements are “absolutely critical,” said Kathryn Dunn Tenpas, whose expertise as a senior fellow with the University of Virginia’s Miller Center focuses on presidential transitions.

One document missing signatures from the president-elect and his team is a memorandum of understanding with the current White House administration. The agreement allows incoming personnel to meet with designated transition staff at each federal agency.

“Without signing it by law, they cannot access these government offices, so that means zero briefings. To me, that’s really dangerous,” Tenpas said in response to a States Newsroom question Thursday at a Brookings Institution panel on planning and staffing during presidential transitions. Tenpas is also director of Brookings’ Katzmann Initiative on Improving Interbranch Relations in Government.

Tenpas cited the Miller Center’s First Year Project findings that crises have occurred during the initial phases of past presidential administrations. No one could forget that the horrific 9/11 attacks on New York City’s World Trade Center occurred within eight months of President George W. Bush taking office.

Tenpas also noted that a little over one month into former President Bill Clinton’s first term, terrorists exploded a bomb in the World Trade Center’s parking garage. Less than eight months later, fighters in Somalia shot down two American Black Hawk helicopters, killing 18 U.S. troops and injuring dozens more.

Reaching back decades, President John F. Kennedy lost more than 100 troops in the Bay of Pigs invasion in April 1961 and more than 10 times as many were taken hostage. Kennedy had just taken office in January 1961.

“So there are all these historical incidents that indicate that this first year is a really vulnerable moment for the United States,” Tenpas said, adding that current geopolitical events suggest now is “not a time where you need to be lackadaisical.”

Transition process and law

The Presidential Transition Act of 1963, and its subsequent amendments, outline the legal requirements for the hand-off of power between outgoing and incoming leaders.

The process begins nearly two years before an election, when the U.S. General Services Administration designates a federal transition coordinator who later reports to Congress on how the process is going. The GSA becomes a liaison for the process as the election nears, according to the Center for Presidential Transition at the Partnership for Public Service.

Six months before an election, the current administration establishes a White House Transition Coordinating Council and readies each federal agency for the change.

No later than Sept. 1 during a general election year, the GSA and eligible presidential nominees are required to sign a memorandum of understanding to access office space and administrative support.

An agreement between the nominees and White House is then required by Oct. 1. The memo finalizes access to federal agencies and makes public a transition team’s ethics plans and how they will be implemented.

Transition materials from the current administration are required to be in process no later than Nov. 1.

The Trump team has blown past these deadlines.

The memoranda are publicly available, and records show that Vice President Kamala Harris’ campaign submitted an ethics plan and the agreement with the GSA.

A condition for the agreements, and the funding they release, is that nominees must disclose all transition fundraising dollars, which are kept separate from campaign funds. Individual contributions to transitions are capped at $5,000.

Separately, the Intelligence Reform and Terrorism Prevention Act of 2004 allows eligible candidates to submit security clearance requests for prospective transition team members ahead of the election so that determinations can be made the day after a victory is announced.

U.S. House GOP claims mandate on immigration, lower food prices, ‘end to the wokeness’

U.S. House Speaker Mike Johnson, a Louisiana Republican, answers reporters' questions inside the Capitol building on Tuesday, Nov. 12, 2024. (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON — U.S. House Republican leaders said Tuesday voters have given them a “mandate” to enact as much conservative policy as possible once they gain unified control of the federal government in January, but declined to provide details about exactly what policies they’d seek to enact.

“The American people want us to implement and deliver that America first agenda,” said Speaker Mike Johnson. “And we have to do that while we have that energy and that excitement, beginning on the very first day of the Congress in the new year.”

The Louisiana Republican said the election results showed that Americans want lawmakers to focus their attention on “secure borders” and preventing “terrorists and criminals from entering the country.”

“They want and deserve low costs for groceries and gasoline,” Johnson said. “They want us to project strength on the world stage again and not the weakness that we have projected for the last four years. They want an end to the wokeness and the radical gender ideology and a return to common sense in our children’s classrooms and corporate boardrooms and government agencies. We’re going to ensure all that’s true.”

Not at 218 quite yet

The Associated Press, the news organization that States Newsroom relies upon for race calls based on decades of experience, hadn’t called the House for Republicans as of Tuesday, but was expected to in the coming days.

GOP politicians have won 214 seats so far, just short of the 218 minimum needed to hold the majority, though they’ll need a few more seats for safe margins after President-elect Donald Trump nominated a few of their colleagues to posts in his next administration.

Democrats are projected to hold at least 205 seats in the House, with 16 races yet to be called by the AP. That will give Republicans a slim majority when the next Congress begins in January and not much room to lose votes from either centrist or far-right members.

GOP lawmakers will hold 53 seats in the U.S. Senate next year after flipping seats previously held by Democrats in Montana, Ohio, Pennsylvania and West Virginia, according to the AP.

Johnson said during the press conference on the steps of the Capitol building that he expected the GOP will hold a larger majority during the next Congress than the 220 seats it currently has.

But he cautioned that every Republican vote will matter since the party isn’t likely to have a large majority.

“Every single vote will count because if someone gets ill or has a car accident or a late flight on their plane, then it affects the votes on the floor,” Johnson said. 

Republicans in Congress, he said, are coordinating closely with Trump, who is expected to meet with lawmakers on Wednesday at the Capitol before Johnson heads to Trump’s Mar-a-Lago estate in Florida this weekend to hash out details of a legislative agenda with him. 

“President Trump is going to meet with President Biden at the White House. And so it was suggested … that he wanted to come and visit with House Republicans,” Johnson said. “So we’re working out the details of him gathering with us, potentially tomorrow morning, before he goes to the White House. And that would be a great meeting and a moment for all of us. There’s a lot of excitement, a lot of energy here.” 

Details on reforms to come

Holding unified control of government will allow Republicans to use the complicated budget reconciliation process to pass legislation without needing the bipartisan support that’s typically required to get past the Senate’s 60-vote legislative filibuster.

Johnson said the party is looking to employ that process for any policy areas that comply with the instructions, which allow lawmakers to make changes to revenue, spending, or the debt that are not “merely incidental” as part of the $6 trillion federal budget.

“We have lots of very specific plans to kind of do that, and the details of that will come together in the coming week,” he said.

Johnson said he didn’t want to “get into any details about any specifics with regards to reforms,” after being asked if Republicans would get rid of the Department of Education, one of Trump’s campaign promises.

“There’s lots of ideas on the table, but we got to work together, build consensus, work in coordination with the Trump administration on the order of the reforms and how we do it,” Johnson said. “So I’m not getting ready to give you details on that. But you can stay tuned.” 

No presidential transition agreement signed yet by Trump

President-elect Donald Trump, then the GOP nominee, speaks at the Detroit Economic Club on Oct. 10, 2024 in Detroit, Michigan.  (Photo by Bill Pugliano/Getty Images)

WASHINGTON — Two days before a key meeting with President Joe Biden, President-elect Donald Trump has not yet signed the necessary paperwork to unlock resources for a smooth transfer of power from one presidential administration to another.

Trump’s transition spokesperson Brian Hughes told States Newsroom Monday that “The Trump-Vance transition lawyers continue to constructively engage with the Biden-Harris Administration lawyers regarding all agreements contemplated by the Presidential Transition Act.”

“We will update you once a decision is made,” Hughes said in a statement.

Biden will host Trump at the White House late Wednesday morning, according to his public schedule.

One of the agreements in question includes a memorandum of understanding between the Trump-Vance transition and the U.S. General Services Administration for office space, information technology services, and staff assistance, as outlined in the 2010 update to the Presidential Transition Act of 1963.

The services are available to the president-elect, and to major presidential candidates following nominating conventions, but come with financial disclosure requirements and a contribution cap of $5,000 on transition-related donations from any one person or organization.

The other is an MOU with the White House, negotiated by the incumbent and president-elect, to establish an ethics plan pertaining to members of the transition team and information sharing, including national security matters. The due date was Oct. 1.

‘Peaceful and orderly’ transition urged

White House press secretary Karine Jean-Pierre told reporters Friday that Chief of Staff Jeff Zients has reached out to the Trump-Vance transition team’s co-chairs Linda McMahon and Howard Lutnick, both major campaign donors.

“So we’re going to leave that line of communications open. We’re going to be helpful here. We want to have an effective, efficient transition of power,” Jean-Pierre said.

Biden said Thursday from the White House Rose Garden that a “peaceful and orderly transition” is what “the American people deserve.”

The transition memoranda are available online, and the public can view the agreements filed in September by Vice President Kamala Harris, the 2024 Democratic presidential nominee who ultimately lost to Trump.

Raskin calls on Trump to act

Democratic Rep. Jamie Raskin, the top Democrat on the U.S. House Committee on Oversight and Accountability, called on Trump’s campaign in October to complete the paperwork.

“Breaking the precedent set by every other presidential candidate since 2010, you have rejected these resources and refused to commit to a smooth transition,” Raskin wrote in an Oct. 23 letter.

The Maryland Democrat surmised in the letter that the Trump team’s paperwork delinquency “may be at least partially driven” by an attempt to skirt the financial disclosure and limit rules.

“With fewer than three weeks left until an election in which the American people will select a new President of the United States, I urge you to put the public’s interest in maintaining a properly functioning government above any personal financial or political interests you may perceive in boycotting the official transition law and process,” Raskin wrote.

In February 2021, the Biden-Harris administration filed a 1,021-page transition-related donation and expense disclosure.

Health experts outline how Trump administration could affect abortion, contraception access

Packages of Mifepristone tablets are displayed at a family planning clinic on April 13, 2023 in Rockville, Maryland. (Photo illustration by Anna Moneymaker/Getty Images)

WASHINGTON — President-elect Donald Trump has several choices to make in the coming months about whether his second administration will keep access to contraception and abortion as it is now or implement changes.

While Trump cannot on his own enact nationwide laws or abortion bans without Congress, he and the people he picks for key posts throughout the federal government will have significant influence on reproductive rights nationwide.

During Trump’s first term in office he barred health care organizations that perform or refer patients for abortions from receiving Title X family planning grants, even though there’s a moratorium on using federal funds for abortions unless it’s the result of rape or incest, or the life of the woman is at risk.

Alina Salganicoff, senior vice president and director for women’s health policy at the nonpartisan health research organization KFF, said on a call with reporters Friday that about a quarter of providers withdrew or were disqualified from receiving federal family planning grants as a result of that policy.

“The Title X program basically funds family planning services for low-income people,” Salganicoff explained. “It’s basically a small program, it’s around under $300 million — but it is a critical program to people who don’t otherwise have insurance.”

Abortions as stabilizing care

Trump will also have to decide whether to leave in place guidance from the Biden administration that says a federal law from the 1980s protects health care providers who perform abortions as stabilizing care during an emergency that would affect a woman’s health or life.

That law, known as the Emergency Medical Treatment and Labor Act, or EMTALA, became one point of disagreement between the Biden administration and Republican states that implemented abortion bans or strict restrictions after the Supreme Court ended the nationwide right to an abortion.

U.S. Health and Human Services Secretary Xavier Becerra wrote in a letter released in July 2022 that under the federal “law, no matter where you live, women have the right to emergency care — including abortion care.”

EMTALA is at the center of an ongoing lawsuit between the Biden administration and Idaho over that state’s abortion law. Oral arguments in the 9th Circuit Court of Appeals are set for early December.

Abortion pill

The future of medication abortion, a two-drug regimen approved for up to 10 weeks gestation that’s used in about 63% of abortions nationwide, will be another area the Trump administration could alter without congressional approval.

Salganicoff said there’s no way to know just yet if the U.S. Food and Drug Administration will seek to change prescribing guidelines for medication abortion or revoke the 2000 approval of mifepristone altogether.

“We don’t know whether they’re going to actually review the approval, but I will tell you that it is likely that they will revisit the conditions in which medication abortions, which now account for nearly two-thirds of all abortions in this country, can be provided,” Salganicoff said.

The Trump administration, she said, is likely to focus on revisions made during the Biden administration that allow doctors or other qualified health care providers to prescribe the two-drug medication abortion regimen via telehealth and then have mifepristone and misoprostol mailed to the patient.

Salganicoff anticipates anti-abortion organizations will also encourage the Trump administration to address recent findings from the We Count Project, showing 1 in 10 abortions take place after medication abortion is mailed to people in states with bans or significant restrictions from states that have shield laws.

“This FDA protocol is legal to do that, but clearly this is going to be a target,” she said.

Mailing of abortion medication

The Comstock Act, an anti-obscenity law from the late 19th century that once banned the mailing of boxing photographs, pornography and contraception, will also be front and center after Trump takes the oath of office on Jan. 20.

The law, which is still on the books despite not being enforced in decades, could potentially allow the U.S. Postal Service to prevent the mailing of abortion medications or any other instrument or tool used in abortions.

“The Biden administration’s Department of Justice did a review and said that they are not going to enforce Comstock,” Salganicoff said. “Project 2025 sees it very differently, and even though President-elect Trump has said that he is not going to enforce Comstock, it’s not clear, and there will likely be a lot of pressure to do that.”

Project 2025 is a policy map for a Trump presidency published by the Heritage Foundation. Trump has disavowed any connection with it, although former members of his first administration helped develop it.

Salganicoff said enforcing the Comstock Act would affect access to medication abortion throughout the country, even in states that have reinforced reproductive rights during the last two years.

“Clearly that’s going to tee up a lot of litigation and challenges,” Salganicoff said.

Larry Levitt, executive vice president for health policy at KFF, said during the call that the Trump administration’s possible elevation of people who spread misinformation or disinformation could lead to more confusion about research-based health care.

“I think one thing, particularly with the rise in prominence of RFK Jr., you know, is the potential for misinformation,” Levitt said, referring to Robert F. Kennedy, Jr., a prominent vaccine opponent who endorsed Trump and campaigned extensively with him.

“We turn to the government for reliable data, public health information and scientific information,” Levitt said. “And there’s the potential now, for the government to be not only not an effective source for health information, but in fact, an accelerant for misinformation.” 

Biden promises a ‘peaceful and orderly transition’ to new Trump administration

President Joe Biden delivers remarks on the results of the 2024 election in the Rose Garden at the White House on Nov. 7, 2024 in Washington, D.C. (Photo by Andrew Harnik/Getty Images)

WASHINGTON — President Joe Biden on Thursday reassured the nation that democracy won despite his party’s resounding election losses, and promised his accomplishments will live on, in brief remarks from the White House.

“I know for some people, it’s a time for victory, to state the obvious. For others, it’s a time of loss. Campaigns are contests of competing visions. The country chooses one or the other. We accept the choice the country made,” Biden said in just over six minutes of remarks to his staff and administration officials gathered in the Rose Garden just after 11 a.m. Eastern.

Former Republican President Donald Trump, now president-elect, handily won the 2024 presidential contest Tuesday against Vice President Kamala Harris, earning victories in closely watched swing states, including Georgia, Michigan, North Carolina, Pennsylvania and Wisconsin.

Trump as of early Thursday afternoon had 295 Electoral College votes, to 226 for Harris, with 270 needed for victory. He also led in the popular vote.

The Republicans also secured a Senate majority, gaining at least 52 seats while Democrats have 45. Control of the U.S. House remained unclear, though a trend toward GOP victory was emerging as ballots were still being counted.

Biden ran against Trump for the majority of the 2024 presidential race but dropped his reelection bid weeks after a disastrous presidential debate performance sparked a pressure campaign for him to step aside.

Biden phoned Trump Wednesday to congratulate him and arranged an in-person meeting to discuss the White House transition — a step that Trump did not take following his loss to Biden in 2020.

“I assured him I’d direct my entire administration to work with his team to ensure a peaceful and orderly transition. That’s what the American people deserve,” Biden said.

Biden also talked about his phone call Wednesday with Democratic nominee Harris, whom he described as a “partner and public servant.”

“She ran an inspiring campaign, and everyone got to see something that I learned early on to respect so much: her character. She has a backbone like a ramrod,” Biden said.

The president said he told his team that “together, we’ve changed America for the better.”

“Much of the work we’ve done is already being felt by the American people, with the vast majority of it will not be felt, will be felt over the next 10 years,” Biden said, specifically citing the bipartisan infrastructure legislation he signed into law in November 2021.

Harris conceded the race Wednesday in a phone call to Trump.

In a speech to somber supporters at her alma mater Howard University in Washington, D.C., the same day, Harris told the crowd “I get it” when it comes to feeling a range of emotions following the outcome.

“But we must accept the results of this election. … A fundamental principle of American democracy is that when we lose an election we accept the results,” Harris said.

Following the 2020 presidential election, Trump and his allies challenged the results in dozens of ultimately unsuccessful lawsuits. Following his losses in court, Trump and a team of private lawyers continued to deny the election outcome and pressure state officials to manipulate slates of electors.

Trump’s repeated denials of his loss — including a speech on Jan. 6, 2021 where he told his supporters he would never concede — culminated in a violent attack on the U.S. Capitol as Congress met that day to certify the election results. 

After escaping the Red Wave, Baldwin thanks supporters for giving her a 3rd term

By: Erik Gunn

Sen. Tammy Baldwin gives a victory speech Thursday at the Steamfitters Local 601 hall east of Madison after winning a third term Tuesday. (Erik Gunn | Wisconsin Examiner)

While a majority of Wisconsin voters helped elect Republican Donald Trump as president this week, one statewide candidate managed to defy the odds that favored the GOP.

Democratic Sen. Tammy Baldwin squeezed out enough votes to overtake Republican Eric Hovde and return to Washington, D.C. for a third term.

Although the victory was much narrower than her last reelection in 2018, the outcome preserved Baldwin’s winning streak.

“2024 marks a continuation of Tammy Baldwin’s record of undefeated elections,” Ben Wikler, chair of the Democratic Party of Wisconsin, said Thursday at a brief Baldwin victory celebration.

Ben Wikler, chair of the Democratic Party of Wisconsin, introduces Sen. Tammy Baldwin at her victory celebration Thursday. (Erik Gunn | Wisconsin Examiner)

“The way we won this race is the way I’ve always approached this job,” a smiling Baldwin said in her 10-minute victory speech. “We did everything, everywhere, all at once. I traveled to red, blue, purple, rural, suburban, urban parts of our state. I listened to people. I really listen to people and then deliver for them, and in turn, these Wisconsinites showed up for me, and I’m so grateful.”

Baldwin is “uniquely good at cultivating her own brand and separating it from the national Democratic Party brand,” said Marquette University political scientist Julia Azari in an interview Thursday.

Democrats in Wisconsin often seem to do better in midterm elections, “where it is a little bit less nationalized and the candidates can cultivate their kind of personal and localized brands,” Azari said. “Baldwin has been pretty successful and she’s running ahead of Democrats statewide in a lot of contests.”

Baldwin got her political start on the Dane County Board, graduated to the Wisconsin Legislature and was elected to the U.S. House in 1998, the state’s first female and first gay member of Congress. After 14 years in the House, she was elected to the U.S. Senate in 2012, the year Barack Obama won his second term.

In 2018, running against a Republican state senator, Leah Vukmir, Baldwin easily won reelection by nearly 11 points, while her fellow Democrat, Tony Evers, won his first term as governor by 1 percentage point.

Marquette University Professor Julia Azari
Julia Azari, Marquette University

“She addresses more sort of state priorities, and has become well known in rural parts of the state that we don’t really associate with Democrats,” Azari said. Baldwin’s much narrower 2024 victory came in “a very difficult national environment for Democrats.”

Baldwin held her event Thursday at a Steamfitters union apprenticeship training center on the East Side of Madison.

Steamfitters Local 601 business manager Doug Edwards called Baldwin “a homegrown roots type of person” who has been “just fabulous for working families in Wisconsin” and a staunch union ally.

“Tammy has just been a good advocate for all the people in Wisconsin, and I think that’s what put her over the top, even though it was close,” Edwards said in an interview.

In her victory speech, Baldwin recapped the broad range of issues that she’s made her own as a lawmaker, along with the people behind those issues who have been her supporters.

“It’s the farmers in the dairy industry who I fought alongside, earning the endorsement of the Wisconsin Farm Bureau,” Baldwin said. “It’s the workers on foundry floors who are getting more business because of my Buy America rules — big shout-out to labor.” 

Baldwin has successfully pushed congressional colleagues to include provisions favoring domestic suppliers and manufacturers in bills such as the bipartisan infrastructure law.

“It’s the LGBTQ families who saw through the nasty attack campaigns and knew that I had their back, and it’s the women who’ve had our rights stripped away and saw me on the front lines fighting for their freedom,” she added.

Baldwin has championed legislation to restore a federally protected abortion rights, ended in 2022 when the U.S. Supreme Court overturned the 1973 ruling Roe v. Wade. The bill she authored has stalled in both houses.

Also in 2022, however, Baldwin argued that the loss of Roe meant that the Court’s 2015 ruling legalizing same-sex marriage could be at risk. She spearheaded a successful bill that gained bipartisan support affirming same-sex marriage as well as interracial couples.

Baldwin also highlighted her involvement in the Affordable Care Act, for which she wrote a provision that allows children to remain on their parents’ health insurance plans until they reach the age of 26.

After four years in the Senate as a member of its Democratic majority, in January Baldwin will begin her third term as a member of the minority party. Throughout her tenure in Congress, however, Baldwin has repeatedly joined with Republicans on bills that have aligned with her own stances.

On Tuesday, her margin of roughly 30,000 votes was about the same as the margin by which Harris lost to Trump in Wisconsin. And the senator’s final tally was about 5,000 more than Harris’ — suggesting that some Wisconsin voters who picked Trump split their tickets to vote for Baldwin.

Baldwin diplomatically acknowledged the presidential contest outcome Thursday.

“While we worked our hearts out to elect Kamala Harris, I recognize that the people of Wisconsin chose Donald Trump, and I respect their choice,” Baldwin said.

“You know that I will always fight for Wisconsin, and that means working with President Trump to do that, and standing up to him when he doesn’t have our best interest at heart.”

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