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Biden declines to call for Cuomo’s resignation

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When asked by a reporter on Sunday if Cuomo should resign, President Joe Biden responded, “I think the investigation is underway and we should see what it brings us.”

Earlier on Sunday, House Speaker Nancy Pelosi also declined to call for Cuomo’s resignation, saying only that he “must look inside his heart” to decide if he should step down.

“I think we should see the results of the investigation,” Pelosi said on ABC News Sunday.

Cuomo denied the allegations of sexual misconduct and said he will not resign in a press briefing on Friday.

New York Attorney General Letitia James is investigating the sexual misconduct claims and Cuomo has said he will “fully cooperate” with the probe.

A mounting number of New York Democrats — including Sens. Kristen Gillibrand and Majority Leader Chuck Schumer — have called for Cuomo to resign.

“Confronting and overcoming the Covid crisis requires sure and steady leadership. We commend the brave actions of the individuals who have come forward with serious allegations of abuse and misconduct,” Sen. Schumer and Sen. Gillibrand, D-N.Y., said in a statement on Friday.

They added, “Due to the multiple, credible sexual harassment and misconduct allegations, it is clear that Governor Cuomo has lost the confidence of his governing partners and the people of New York. Governor Cuomo should resign.”

Follow Annaliese Levy on Twitter @AnnalieseLevy

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Immigration

Ninth Circuit Rules Federal Government Can Deport Illegal Immigrants

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Deportation

In a unanimous decision, a three-judge panel of the Ninth Circuit Court of Appeals upheld the federal government’s authority to deport foreign nationals in the U.S. illegally. The decision came after objections from local jurisdictions, and therefore reaffirms federal immigration enforcement capabilities, and deals a blow to sanctuary policies aimed at obstructing deportations.

The case centered on a 2019 executive order issued by King County Executive Dow Constantine, which barred the use of King County International Airport, near Seattle, for U.S. Immigration and Customs Enforcement (ICE) deportation charter flights. The airport is adjacent to a major ICE operational base in Seattle, writes The Center Square.

Constantine’s order sought to prevent airport services from supporting ICE deportation flights, citing concerns about family separations, racial disparities in enforcement, and other human rights issues. The federal government, under the Trump administration, sued, arguing that the order violated the Supremacy Clause of the Constitution, the intergovernmental immunity doctrine, and a WWII-era Instrument of Transfer agreement allowing federal use of the airport.

A district court ruled in favor of the federal government, and King County appealed. Writing for the Ninth Circuit, Judge Daniel Bress, joined by Judges Michael Hawkins and Richard Clinton, affirmed the lower court’s decision.

The panel ruled that Constantine’s order improperly targeted the federal government and its contractors, violating the intergovernmental immunity doctrine by “singling out the federal government and its contractors for unfavorable treatment.” The court further found that the order increased ICE’s operational costs and created imminent risks of further injury, thereby giving the federal government standing to sue.

Additionally, the judges upheld the claim that the order violated the Instrument of Transfer under the Surplus Property Act of 1944, which explicitly allows federal use of the airport.

Constantine defended the order as consistent with King County’s commitment to inclusivity and human rights. He argued that deportations conflict with the region’s values, including protecting families and promoting equity. However, the Ninth Circuit held that such ideological arguments could not override federal law and constitutional principles.

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