Editorial: The Fine Print in Trump’s Coronavirus Executive Orders

After Congress failed to come to an agreement on a new coronavirus relief package, Donald Trump, self-proclaimed “deal maker,” sidestepped Congress and signed three memoranda and one executive order (all four of which he incorrectly called “bills”), claiming they would “take care of, pretty much, this entire situation.” The “deals,” however, are legally questionable, since Congress must approve federal actions on spending and taxation. Additionally, when one looks more closely, the four hollow executive orders are not “deals” at all for Americans.

House Democrats passed the more than $3 trillion Heroes Act in May to continue relief to Americans, but the bill stalled in the Senate. Republicans can’t even agree among themselves on how to move forward with a relief bill. Donald Trump is no doubt hoping his base will see him as stepping in to save the country, with these four actions as proof of his 2016 campaign claim that “I alone can fix it.” In reality, though, they fix nothing, and, in fact, make things worse. Here is what Trump’s “dealmaking” will get Americans:

Payroll Tax “Cut”

What Trump is calling a “tax cut” is actually a tax deferment that lasts from Sept. 1 through Dec. 31. Under this executive order, the U.S. Treasury will stop collecting payroll taxes during that time from workers who earn less than about $104,000 a year, or $4,000 every two weeks. Though workers will temporarily feel as if they’ve gotten a pay increase, they will owe those payroll taxes at a later date.

This does nothing to help those who don’t receive a paycheck because they are unemployed.

Trump ordered a tax deferment instead of a cut because he does not have the power on his own to cut taxes. He is, however, calling on Congress to make it a permanent tax cut. This sounds great until we realize that the payroll tax is what supports Social Security. If a tax cut is made permanent, it will deplete the funds in our Social Security system.

Deferred Student Loan Payments

Trump’s memo regarding student loan payments waives interest on all federal student loans until December 31, and allows delayed payments until December 31. Principal payments will be due on December 31, and full payments including interest will start again on January 1. Student loan debt will not be canceled.

Relief for Renters and Homeowners

Trump’s “relief” here amounts to nothing more than a “study” to see if a moratorium is needed. The federal moratorium on evictions has ended, and Trump’s new executive order does not extend it; evictions due to financial hardship are now no longer banned. Trump has instead called on Secretary of Health and Human Services Alex Azar and Director of the Centers for Disease Control and Prevention Robert Redfield to study whether halting evictions stops the spread of COVID-19. This doesn’t address the financial hardships that have already resulted from COVID-19.

Trump’s memo also doesn’t provide money to help homeowners. It only calls for Treasury Secretary Steven Mnuchin and Housing and Urban Development Secretary Ben Carson to “see if they can find” any more funds to help, though no aid is promised, and no legislation is in place to protect homeowners from losing their homes due to COVID-related financial hardship.

Supplemental Unemployment Aid

Unemployed Americans were receiving $600 a week from the federal government in addition to their state unemployment aid, but that expired at the end of July. Democrats and Republicans could not agree on how or if to extend the federal aid; Democrats wanted to continue the $600 per week, and Republicans wanted to reduce it to $200 a week. Trump’s memorandum calls for the federal aid to restart at $400 a week. This sounds like a compromise until we look more closely at how it would work.

The federal $400 a week has two conditions in order for unemployed workers to receive it: their states must ask for it, and their states must contribute 25 percent ($100) of that $400 per week for each recipient.

Many states, already financially strapped from the coronavirus pandemic, won’t be able to afford to provide this supplemental benefit for their unemployed workers. And because of outdated and inadequate processing systems in some states, many unemployed Americans are still waiting on their first round of unemployment benefits. It could take months for states to adapt to new guidelines and systems for executing this latest scheme if they do sign on.

What’s more, the source of this additional unemployment aid is questionable. Trump wants to fund it by shifting $44 billion of funds from the Department of Homeland Security’s Disaster Relief Funds which are designated for tornadoes, hurricanes, and extensive fires such as forest fires. Currently, 30 million Americans are unemployed. The funding to cover them all would run out in less than five weeks.

And again, in reality, Trump’s action assumes and ignores Congress’ rightful authority.

David Super, a constitutional law expert at Georgetown Law, says, “The basic notion here is the president is rejecting Congress’s power of the purse. That is something nobody who cares about separation of powers can let slide, even if they like what the money is being spent on.”

The legality of these four actions is already being called into question by members of both parties, and it’s likely that Trump will face formal legal challenges over them, since he is attempting to bypass Congress.

House Speaker Nancy Pelosi called Trump’s actions “absurdly unconstitutional.”

Trump has offered a hollow set of pseudo-relief measures that are full of contingencies, not the least of which is whether they are even legal or enactable. Besides offering no real and definitive relief from financial hardship, Trump’s executive actions fail to address several other important issues, including funding for schools to help ensure safe reopening, relief for the hungry, and assistance for cities and states as they continue to battle COVID-19. Trump’s “deal” for financially strapped Americans is hardly a deal at all.

Trump signs executive orders on coronavirus relief l GMA
Good Morning America  [2020-08-10]

Trump signs executive orders on payroll tax, evictions, and unemployment bonus | Global News [2020-08-08]

Editorial: With the Trump Administration in Control of COVID-19 Data, Will the Virus Disappear “Like a Miracle”?

The Trump administration has seized control of hospital data related to COVID-19, prohibiting hospitals from sending their data to the CDC. Hospitals are now required to send their data directly to the Department of Health and Human Services (HHS) instead. No doubt, we can expect to see an astonishing and fast drop in the number of positive cases, hospitalizations, and deaths related to COVID-19.

We should prepare to see numbers so low that schools will scramble to open, the economy will be better than ever, and churches will be packed once again. Heck, we may even see evidence that hydroxychloroquine is effective against COVID-19, after all.

The federal government claims that it will use the data from hospitals “to inform decisions at the federal level, such as allocation of supplies, treatments, and other resources. We will no longer be sending out one-time requests for data to aid in the distribution of Remdesivir or any other treatments or supplies. This daily reporting is the only mechanism used for the distribution calculations, and the daily is needed daily to ensure accurate calculations.”

Translated, this directive means that in order for hospitals to receive federal aid, supplies or access to certain drugs used to treat COVID-19, they must comply with the Trump administration’s directive. The directive also prohibits hospitals from sending data to the CDC in addition to sending it to HHS.

Donald Trump, in his continued efforts to not only ignore science, but to bend it to his will, has now found the perfect way to make science work for him (or at least, manipulate scientific data to work for him). Now that the Trump administration will get to the data before the CDC does, the health experts will stop with their bothersome statistics, guidelines, and warnings. They’ll stop disagreeing with Trump when he says the virus is under control, that the U.S. has done the best job in the world at testing, and that the virus is disappearing “like a miracle.” They won’t be able to correct him when he makes statements like, “Ninety-nine percent of cases are harmless,” because they won’t have the latest hospital data to prove otherwise.

Jen Kates of the Kaiser Family Foundation says, “Historically, CDC has been the place where public health data has been sent, and this raises questions about not just access for researchers but access for reporters, access for the public to try to better understand what is happening with the outbreak.”

No doubt, this is exactly what Donald Trump has hoped for.

Americans are already confused about COVID-19. There is no national plan for dealing with the virus, though the Trump administration has indicated that those pesky guidelines the CDC created are getting in the way of  holding church services and bringing students back to schools in the fall.

Various parts of the country are responding to the pandemic in various ways, and state and local responses are often governed by the dominant political party there (and where they get their news). With data coming from the White House instead of the CDC, however, perhaps all states will look to Florida (would it be surprising if Florida’s numbers soon improved sharply?) and emulate Florida’s reopening success story.

With the CDC out of the way, at least for the purposes of receiving and analyzing data so that they can create sound recommendations, maybe people will stop harping on wearing those tyrannical masks. Maybe we won’t have to worry any more that more testing will produce more cases.

One has to wonder if Donald Trump got his inspiration from another authoritarian wannabe, Brazilian president Jair Bolsonaro. Bolsonaro’s administration removed almost all COVID-19 related data from government websites, and barred researchers from access to the data. In the case of Brazil, however, its Supreme Court just two days later ordered that the public data be restored. Can we have faith that our Supreme Court might act similarly?

Michael Caputo, HHS assistant secretary for public affairs, said in a statement earlier Wednesday the new coronavirus data collection system would be “faster.”

Dr. Robert Redfield, director of the CDC, said, “We at CDC know that the life blood of public health is data,” he said. “Collecting, disseminating data as rapidly as possible is our priority and the reason for the policy change we’re discussing today.”

If only anything else—anything at all—about the Trump Administration’s response to the pandemic to date demonstrated that we could believe Caputo and Redfield that data collection and analysis by the same administration would be faster and more efficient. Trump downplayed the coronavirus from the beginning and now simply doesn’t speak of it, let alone lead a response in any way. He has denied that states lacked equipment. He has blamed China for the virus, though it’s preposterous to blame them for the COVID-19 tidal wave resulting from Trump’s incompetence. He has done all of this while the CDC’s data, guidelines, and warnings were staring him in the face. So, faster and more efficient response to the pandemic if the Trump administration controls the data? Not a chance.

The U.S. has more than 3.5 million reported cases of COVID-19, with more than 70,000 new reported cases per day, and more than 138,000 COVID-19 related deaths, as of July 17. The CDC, based on its data, estimates that there are 10 times the number of cases in the U.S. than reported. (But we can get those numbers down, as long as the CDC stops getting that data.) No wonder the Trump administration wants to get to the data before the CDC can.

Doctor weighs in on Trump administration stripping CDC of control of COVID-19 data | CBS News [2020-07-15]

Trump Cuts Off CDC From Coronavirus Data | HuffPost [2020-07-15]