Posted: January 09, 2019
By Chris Flanagan, Boston25News.com
EVERETT, Mass. —
The government shutdown is preventing some breweries from releasing new beer.
Small, family-run Night Shift Brewing in Everett is in danger of missing the release of a new summer brew it has been planning for months, thanks to the government shutdown.
"If the government opens tomorrow, we probably can't get the beer any sooner than May, and if it’s longer than that, then there’s the question should we even bother to release this summer beer in late August or something like that," said Night Shift co-founder Rob Burns.
That's because the Alcohol and Tobacco Tax and Trade Bureau (TTB) is shut down. The little-known agency must approve new beers and their labels before they can be sold in stores and restaurants.
"And that then affects the retailers and bar owners who are also expecting to sell these beers, so it’s a trickle-down effect," Burns said.
Night Shift also has a distributing business that imports wine and spirits from Europe, which also needs the same label approval, but right now that liquor can't get on a boat until it gets the green light from the TTB.
Burns is also the president of the Massachusetts Brewers Guild and says right now there are about 30 breweries across Massachusetts in the planning stages, but they can't open for business until they get approval once the government shutdown ends.
President Donald Trump delivered an address from the Oval Office Tuesday blaming the partial government shutdown on Democrats’ refusal to fund a wall along the southern border of the United States.
The president spoke for eight minutes to make his case for funding a wall as the partial government shutdown enters its third week.
House Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer responded to Trump’s speech saying the shutdown was manufactured by Trump for political reasons.
Democrats have vowed not to appropriate any money for a border wall. Trump says he needs $5.7 billion to build the wall.
9:26 p.m. ET Jan. 9, 2019: Notes from the speech:
9:18 p.m. ET Jan. 9, 2019: Schumer calls for a separation of issues
Schumer says Trump has governed by fear and thrown “temper tantrums.” He says the issues must be separated -- open the government, then fix the border issues.
9:14 p.m. ET Jan. 9, 2019: Pelosi, Schumer are giving a rebuttal
Speaker Pelosi says the wall is “expensive and ineffective.” “We all agree we need to secure our borders,” Pelosi says.
9:11 p.m. ET Jan. 9, 2019: The speech is over
Trump finishes the speech. He did not declare a national emergency. He did repeat that the situation is a “humanitarian crisis.” He said the Democrats are the reason for the shutdown.
9:08 p.m. ET Jan. 9, 2019: The Democrats are the problem
Trump: “The government remains shut down for one reason and one reason only because Democrats will not fund the wall.”
Trump: “It will be a steel barrier instead of a concrete wall.” ... “It will be paid for by the trade deal we made with Mexico.”
9:04 p.m. ET Jan. 9, 2019: Women, children are the biggest victims
Trump says children being brought here and used as pawns, and that women and children are the biggest victims.
9 p.m. ET Jan. 9, 2019: ‘Thousands will be hurt if we don’t act right now’
Trump: “All Americans are hurt by uncontrolled illegal migration.” He says African Americans and Hispanics are more likely to be hurt economically.
8:59 p.m. ET Jan. 8, 2019: The address is about to start
The president will be speaking in a few minutes.
8:27 p.m. ET Jan. 8, 2019: Manchin is for the deal
Sen. Joe Manchin, D-West Virginia, said that he would support a national emergency declaration if it ends the partial government shutdown. So far, no other Senate Democrat has expressed similar feelings about a national emergency declaration.
8:19 p.m ET Jan. 8, 2019: Chamber of Commerce calls for a deal
The U.S. Chamber of Commerce sent a letter to lawmakers Tuesday asking for a deal to reopen the government that would include enhanced border security measures along with protections for “dreamers” brought to the U.S. illegally as children. They are also calling for protection for those in the temporary protected status (TPS) program.
8:07 p.m. ET Jan. 8, 2019: Will he declare a national emergency?
The New York Times is reporting that Trump will not declare a national emergency this evening in order to circumvent Congress to get funds to build the wall. According to the times, “administration officials who had seen a draft copy of his speech said the president was not preparing to do so.”
7:55 p.m. ET Jan. 8, 2019: What the White House wants
According to the White House, the president is asking for “$5.7 billion for construction of a steel barrier on the southern border to fund 234 miles of new physical barrier — an increase of $4.1 billion over the c ommittee bill.”
7:38 p.m. ET Jan. 8, 2019: His first Oval Office speech
When President Trump delivers his speech tonight, it will be the first time he has given a speech from the Oval Office.
Here is the full transcript of the remarks made by Speaker of the House Nancy Pelosi, D-California, and Senate Minority Leader Chuck Schumer, D-New York, in response to President Donald Trump’s border wall speech.
Speaker Pelosi: “Good evening. I appreciate the opportunity to speak directly to the American people tonight about how we can end this shutdown and meet the needs of the American people.
Sadly, much of what we have heard from President Trump throughout this senseless shutdown has been full of misinformation and even malice.
The President has chosen fear. We want to start with the facts.
The fact is: On the very first day of this Congress, House Democrats passed Senate Republican legislation to re-open government and fund smart, effective border security solutions.
But the President is rejecting these bipartisan bills which would re-open government - over his obsession with forcing American taxpayers to waste billions of dollars on an expensive and ineffective wall - a wall he always promised Mexico would pay for!
The fact is: President Trump has chosen to hold hostage critical services for the health, safety and well-being of the American people and withhold the paychecks of 800,000 innocent workers across the nation - many of them veterans.
He promised to keep government shutdown for 'months or years' - no matter whom it hurts. That's just plain wrong.
The fact is: We all agree that we need to secure our borders, while honoring our values: we can build the infrastructure and roads at our ports of entry; we can install new technology to scan cars and trucks for drugs coming into our nation; we can hire the personnel we need to facilitate trade and immigration at the border; and we can fund more innovation to detect unauthorized crossings.
The fact is: the women and children at the border are not a security threat, they are a humanitarian challenge - a challenge that President Trump's own cruel and counterproductive policies have only deepened.
And the fact is: President Trump must stop holding the American people hostage, must stop manufacturing a crisis, and must re-open the government.
Sen. Schumer: “Thank you, Speaker Pelosi.
My fellow Americans, we address you tonight for one reason only: the President of the United States - having failed to get Mexico to pay for his ineffective, unnecessary border wall, and unable to convince the Congress or the American people to foot the bill - has shut down the government.
American democracy doesn't work that way. We don't govern by temper tantrum. No president should pound the table and demand he gets his way or else the government shuts down, hurting millions of Americans who are treated as leverage.
Tonight - and throughout this debate and his presidency - President Trump has appealed to fear, not facts. Division, not unity.
Make no mistake: Democrats and the President both want stronger border security. However, we sharply disagree with the President about the most effective way to do it.
So, how do we untangle this mess?
There is an obvious solution: separate the shutdown from the arguments over border security. There is bipartisan legislation - supported by Democrats and Republicans - to re-open government while allowing debate over border security to continue.
There is no excuse for hurting millions of Americans over a policy difference. Federal workers are about to miss a paycheck. Some families can't get a mortgage to buy a new home. Farmers and small businesses won't get loans they desperately need.
Most presidents have used Oval Office addresses for noble purposes. This president just used the backdrop of the Oval Office to manufacture a crisis, stoke fear, and divert attention from the turmoil in his Administration.
My fellow Americans, there is no challenge so great that our nation cannot rise to meet it. We can re-open the government AND continue to work through disagreements about policy. We can secure our border without an expensive, ineffective wall. And we can welcome legal immigrants and refugees without compromising safety and security.
The symbol of America should be the Statue of Liberty, not a thirty-foot wall.
So our suggestion is a simple one: Mr. President: re-open the government and we can work to resolve our differences over border security. But end this shutdown now.
During Tuesday night’s speech, President Trump cited details of a recent homicide in Clayton County, Georgia – a gruesome killing involving dismemberment.
The man charged with murder in the November case, Christian Ponce-Martinez, had moved to Morrow from Mexico three months before allegedly killing one of his neighbors, Robert Page, The Atlanta Journal-Constitution previously reported. According to the White House, Ponce-Martinez was in the United States illegally.
"Day after day, precious lives are cut short by those who have violated our borders. In California, an Air Force veteran was raped, murdered and beaten to death with a hammer by an illegal alien with a long criminal history,” Trump said. "In Georgia, an illegal alien was recently charged with murder for killing, beheading and dismembering his neighbor."
Page, a 76-year-old grandfather, was reported missing in early November by his wife of nearly 50 years. Officers searched the area and found Ponce-Martinez hiding behind his house and acting nervous and suspicious, police said. A trail of blood led investigators to Page’s remains. He had been dismembered, and part of his body was located in a cooler. Ponce-Martinez was arrested and charged with malice murder.
In December, two GBI employees – a graphic arts specialist and a homicide investigator – resigned after allegedly taking photos of each other posing with Page’s head.
Lula Page told The AJC she was surprised to hear the president bring up her husband’s case. She struggled for the words to express what it meant to her.
The homicide changed the way she feels about immigration, making her think there should be better ways to protect U.S. citizens against immigrants who may be dangerous. But Page said she doesn’t know what can be done to stop the actions of one person.
“Everybody on the earth is not bad and everybody on the earth is not good, no matter what your culture,” Page said.
According to information released by the White House, U.S. Border Patrol encountered Ponce-Martinez in 2015 and ordered him to return to Mexico. He was being held without bond late Tuesday in the Clayton jail, records showed.
- Staff writer Tamar Hallerman contributed to this report.
Two weeks into a partial government shutdown that began over funding for a border wall, President Donald Trump has suggested that one option to ending the impasse and building the wall would be to sidestep Congress by declaring a state of emergency.
Doing that, he said, would allow him to free up $5.7 billion from the Department of Defense budget to use to fund the border wall.
"I can do it if I want," he told reporters Friday at the White House. "We can call a national emergency because of the security of our country. We can do it. I haven't done it, I may do it."
Trump repeated the idea Sunday, saying he was considering declaring a state of emergency as a way to build the wall and get around the current impasse with Congress.
“We’re looking at a national emergency because we have a national emergency,” he told reporters. “… We have a crisis at the border … it is national security, it’s a national emergency.”
Is the president correct? Can he declare a national emergency in order to fund the wall?
Here is a look at the powers that come into play when a president declares a national emergency and just what the law allows him to do.
Can he do that?
The president, at his or her discretion, has the authority to declare a national emergency. Historically, that authority comes from Congress, which by 1973 had enacted more than 470 statutes pertaining to the president’s authority during a national emergency.
In 1976, Congress enacted the National Emergencies Act that limited the scope of response to declared states of emergency.
The incoming chairman of the House Armed Services Committee, Adam Smith, D-Washington, agreed Sunday that Trump has the authority to declare an emergency and have the U.S. military build the wall. He said on ABC’s “This Week with George Stephanopoulos” that while Trump can do it, such an action would likely be challenged in court.
“Unfortunately, the short answer is yes,” Smith said when asked if Trump has the authority to declare a national emergency and build the wall.
“I think the president would be wide open to a court challenge saying, ‘Where is the emergency?’ You have to establish that in order to do this,” Smith continued. “But beyond that, this would be a terrible use of Department of Defense dollars.”
What is considered a national emergency?
What constitutes a national emergency is open to interpretation, but generally, it is seen as an event that threatens the security of the people of the United States.
According to the Congressional Review Service, a 1934 Supreme Court majority opinion characterized an emergency in terms of “urgency and relative infrequency of occurrence as well as equivalence to a public calamity resulting from fire, flood, or like disaster not reasonably subject to anticipation.”
What powers does a president have when a national emergency is declared?
Through federal law, when an emergency is declared, a variety of powers are available to the president to use. Some of those powers require very little qualification from the president for their use.
The Brennan Center for Justice lists 136 special provisions that become available to a president when he declares a national emergency.
A CRS report states, "Under the powers delegated by such statutes, the president may seize property, organize and control the means of production, seize commodities, assign military forces abroad, institute martial law, seize and control all transportation and communication, regulate the operation of private enterprise, restrict travel, and, in a variety of ways, control the lives of United States citizens.”
However, under the National Emergencies Act, the president must name the specific emergency power he is invoking.
How can he get funds for a wall by declaring a national emergency? Where does the money come from?
According to U.S. law, a president can divert funds to a federal construction project during a declared national emergency.
In the case of the border wall, the money could come from the budget for the Department of Defense under something called “un-obligated” money. Under federal law, un-obligated money in the Department of Defense's budget may be used by the military to fund construction projects during war or emergencies.
Department of Defense spokesman Jamie Davis said in a statement that, “To date, there is no plan to build sections of the wall. However, Congress has provided options under Title 10 U.S. Code that could permit the Department of Defense to fund border barrier projects, such as in support of counter drug operations or national emergencies.”
Can Congress get around it?
Congress can end a president’s call of a national emergency with a joint resolution. A joint resolution is a legislative measure that requires the approval of both the House and the Senate. The resolution is submitted, just as a bill is, to the president or his or her signature, making it a law. A joint resolution is usually used for continuing or emergency funding.
UPDATE 3:50 p.m. Jan. 7: The Internal Revenue Service will issue refunds to taxpayers even with the government shutdown entering its 17th day.
“Tax refunds will go out,” Russell Vought, the acting director of the White House Office of Management and Budget, told reporters at a Monday news briefing, according to Bloomberg.
The news comes as there was an expectation that tax refunds would be delayed if the shutdown went into tax filing season.
With a partial government shutdown now in its second full week with no end in sight and tax season quickly approaching, the impasse could impact tax refunds.
While the Internal Revenue Service, one of the agencies impacted by the shutdown, continues to collect Americans’ money, it generally doesn’t issue tax refunds during a government shutdown, according to The Wall Street Journal.
The agency, which is now operating on a thin staff, had a five-day contingency plan for a shutdown, but the closure has now stretched beyond the IRS’ plan.
Despite the shutdown, the agency continues some operations, including protecting government property, processing some tax returns, continuing criminal investigations and maintaining computer systems, the Journal reported.
What won’t happen during a shutdown are audits, responses to taxpayers’ questions and tax refunds.
“We’re in uncharted territory as each day gets longer,” Jackson Hewitt Tax Services chief tax officer Mark Steber told the WSJ.
If the impasse is resolved before mid-January, the traditional start of tax season, it most likely won’t have a major impact on early tax filers and, even if the shutdown continues, once the IRS begins accepting tax returns, people can begin filing. But they won’t get a refund until the government reopens, which could put pressure on the Trump administration to end the impasse.
The IRS has not yet announced the start date for the 2019 tax filing season, but it typically begins by late January.
The government partially closed down on Dec. 22 when President Donald Trump refused to sign a spending bill that did not include $5 billion for a border wall with Mexico, one of his campaign promises, and House Democrats refused to agree to a bill that included money for a border wall, saying border security was a separate issue.
America is in the midst of a partial government shutdown in the middle of holiday season, because a funding bill hasn’t passed.
What’s the holdup?
President Donald Trump wants Democrats in the Senate to approve his $5.7 billion demand for U.S.-Mexico border wall money. However, Democrats are unwilling to endorse it.
Wondering what happens during a partial shutdown? Here’s what you should know.
What is a partial shutdown?
A government shutdown happens when Congress does not pass funding bills or the president fails to sign them before the previous appropriations run out.
However, the nation currently is headed toward a partial shutdown since Congress has already funded about 75 percent of the federal government through September 2019.
How long would the shutdown last?
If the funding bill doesn’t pass, the shutdown would start Saturday. It would last until both the House and Senate come to an agreement, and the president signs it.
What departments would be impacted?
Nine out of 15 federal departments will close or reduce operations, according to a fact sheet released by the Democratic staff of the Senate Appropriations Committee. Here’s a list:
-Department of the Treasury
-Department of Agriculture
-Homeland Security Department
-Department of the Interior
-Department of State
-Department of Housing and Urban Development
-Department of Transportation
-Department of Commerce
-Department of Justice
What happens to federal employees?
More than 420,000 government workers are expected to work without pay if a partial shutdown occurs, according to the fact sheet.
That would include more than 41,000 federal law enforcement and correctional officers, 88 percent of employees at the Department of Homeland Security and thousands of Customs and Border Protection agents and customs officers.
More than 380,000 federal employees would be placed on furlough, or sent home without pay.
That would include the majority of the staff at NASA, the National Park Service and the Department of Housing and Urban Development as well as about 52,000 IRS workers.
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