GODDAMIT. BEEN SITTING ON THIS FOR A MONTH, AND NOW IT'S ALL BEEN BLOWN TO SHIT.

Maybe it stays the same since Morey was likely 'inspired' to step down so that Tilman could get the China money back and will continue assisting the new regime from the shadows, but as I have no clue at all what the future is going to bring and don't want to re-write this piece for the planned 'GM write-up' series that was supposed to be starting after the Finals, I'm just gonna drop it here and let anyone else who wants to take over do it.
FUCK TILMAN FERTITTA.
I'm out.

State of the team

After a disappointing bubble performance that did not end in a Championship, many people are questioning if the Rockets window has officially closed. In all likelihood, it has; but it is not yet locked, so with the right moves it can be opened enough to squeeze out another deep run or two that can finally break through if the team finds a brick of luck for once.
What those right moves are and how to accomplish them are the challenge posed to Daryl Morey and his crew. There are a number of constraints that will make this difficult, including a lack of draft assets and moveable contracts that are not integral to the team's success, but the most challenging proposition will again be owner Tilman Fertitta's finances.
While some critics may believe that the Rockets small ball experiment was a failure, management will likely point to the fact that 'defense' was not nearly as much of a problem in the playoffs as 'offense' and that Russell Westbrook's obvious impairment from a quad injury was the primary factor in underachieving desired expectations. The general belief in the front office is that the formula is not broken so much as unlucky. Another couple of chances will hopefully bring the health necessary for a breakthrough.
Daryl Morey's top-stated priority entering the off-season was re-signing coach Mike D'Antoni. Well, D'Antoni ended any talk of that by opting to take his services elsewhere before the team plane had even departed Orlando. This leaves the team in search of a new head coach before any other moves can really be considered, since whoever gets the position will likely hope to have a bit of say in any of the roster decisions that need to be made.
The team is casting a wide net in their search having interviewed candidates like frontrunners Tyronn Lue and Jeff Van Gundy, as well as Kenny Atkinson, Wes Unseld Jr., and Stephen Silas. The new coach will need to garner the instant respect of a veteran-laden team (possibly possessing enough cachet to actually inspire a different style of play?), and may need to fulfill Fertitta's desire to make headlines, favoring a big-name hire. It must be included that there is even a slim chance that D'Antoni returns to the role now that Doc Rivers has swooped his pre-supposed landing spot in Philly, but I expect the final candidates may come from the following list of assistant coaches and thus (completely coincidentally) cheaper names in case a need arises to go in another direction:
Sam Cassell - The former Rockets legend is currently serving as an assistant coach for Doc Rivers. Frequently cited as one of the top assistants ready to take the next step. As a former All-Star point guard, he may be able to command the respect of Westbrook and Harden enough to offset his lack of head coaching experience. His big balls could "Make Houston Clutch Again".
John Lucas - The Rockets Assistant Coach is very familiar with the system and the current players. He provides continuity and a cheap, short-term contract that would allow for an easy 'out' if things do not work in the next year or two (which is the optimistic extent of the title hopes for this current iteration of the Rockets)
Chris Finch - An ex-RGV Vipers Head Coach now working as an assistant in New Orleans. He is a savant on offense, on very good terms with Morey and his philosophy, and due for his 'chance' in the bigs. Given the success of Nick Nurse, another coach who won a G-League Championship for the RGV Vipers, I feel as if Chris Finch should end up getting the call (although he appears to have dropped off the radar).
The new head coach will have a challenging job of needing to instantly compete with a roster of vets who are notorious for not being as flexible in their approach to the game as might be desired. This team is not only 'set' in its ways mentally to the point where an attempt to change the team philosophy could easily backfire and result in another lost season, it is also relatively 'set' in its ability to make personnel changes. So expect the new coach to provide more of an 'extension' of the current Moreyball philosophy than a completely different style.

2021 Houston Rockets Roster and Salary

PLAYER NAME	SALARY CAP HIT	DETAILS (contract values rise)
Russell Westbrook	41,358,814	2 more yrs + player option
James Harden	41,254,920	2 more years + player option
Eric Gordon	16,869,276	4 more years
Robert Covington	12,138,345	2 more years
PJ Tucker	7,969,537	expiring
Danuel House	3,717,000	2 more years
Ben McLemore	2,283,034	expiring
Chris Clemons	1,517,981	2 more years of team options
David Nwaba	1,862,250	team option
TOTAL	128,971,157

Things look relatively straight-forward for the Rockets. All of their main rotation guys are already signed and set to return with the exception of Jeff Green and Austin Rivers. The Rockets are prime candidates to start the season off by basically "running it back".
Considering Green has enjoyed great success in Houston's system and seems to have established good chemistry within his role in the system, he will absolutely be considered an important piece to re-sign. He has played on minimum-level contracts for the past few years, so unless another contender surprisingly decides to use part of their MLE on him, he should be able to return on a 1+1 veteran minimum contract.
Austin Rivers has a player option for $2,369,663. It is considered highly unlikely that he will opt-in to this (although he will be welcomed back with open arms if he does). If he leaves, the team will likely look to find a replacement ball-handleperimeter defender.
The hopeful addition of Jeff Green to the list of signed players takes the team to a total of 10 contracts, meaning Morey will look to add 5 more players into the fold.
Positional needs:
The Rockets took one big step closer to the idea of 'position-less' basketball by banishing their traditional centers last season. The big question is, will they continue this philosophy into 2021?
The answer to this may partially depend upon who the next coach is. As previously stated, the advanced age of this particular roster resulting in an extremely small window for success, combined with the players' familiarity with the current roles and system and the reduced off-season leads me to believe that the small ball experiment will continue into the 2021 season. Not only was it proven effective offensively at unlocking the best version of Russell Westbrook since his 2017 MVP campaign, the hybrid switching system the team utilized in the first half of the season to account for Clint Capela's reduced ability to guard perimeter players was not as successful as the switch-everything system the team implemented in the playoffs; so unless the team can get a larger center who can effectively switch 1-5, it is unlikely that 'Center' is going to be seen as a top priority.
Look for the team to try to focus their search on finding long, stretchy, big forwards, as they did with the late-season signings of Jeff Green, DeMarre Carroll, and David Nwaba. They will also try to fill the position of 'tertiary ball handler' should Rivers choose to go elsewhere.
Although Austin may sign another 1+1 minimum deal with the team, it is more likely that he will look for a bigger role (and payday) on another team. There is a small chance he could be used in a sign and trade (Houston has his Early Bird Rights allowing him to sign a contract up to around $8M), so he may serve as salary filler in building a larger sign & trade, but note that such a move will surely push Houston well into the luxury tax, bringing us to...
Luxury Tax Issues:
The expected threshold will probably fall around $132-133M. Houston is brushing up against that with only 9 players under contract currently.
Bear in mind that ownership has suffered catastrophic economic distress this year due to Fertitta's business interests in casinos and restaurants (not to mention that he was never interested in paying tax even in better times with a stronger team). Unlike this season, next year should see a large cash pay-out to non-tax teams as many contenders who were below the tax last year due to their participation in Free Agency will be utilizing exceptions that push them into the luxury tax (Golden State in particular has been making overtures at filling its TPE, which would result in one of the largest tax bills on record). Despite his questionable claims that he is financially solvent and ready to pay tax to field a contender, Tilman Fertitta will be happy to be an owner that avoids paying tax again and instead receives a check from the league. Daryl Morey will have his work cut out for him to achieve that, but after accomplishing it in 2019 and 2020 with masterful tax-reducing moves at the trade deadline, there is little doubt he can (and likely will) do it again in 2021. 2 years ago, he reduced Ryan Anderson's $20M contract through a series of moves to Iman Shumpert's $12M and last year he reduced Capela's $17M hit to Covington's $11M bill. Eric Gordon's $17M is the obvious candidate for reduction this year, and there are a variety of ways in which it could be done.

Potential roster moves

Draft
Per usual, Houston does not have any draft picks. They do have almost $5M in cash remaining with which they could purchase a draft pick (potentially even 2 late ones); but most likely Morey will work the pool of undrafted talent to try to find a couple new 2-way contract candidates.
Free Agency:
There are unlikely to be any major moves in the off-season aside from signing 6 players to veteran minimum contracts. Jeff Green and Gerald Green are likely signings. Michael Frazier may have earned a promotion to the main squad, but will more likely continue to stay in the G-League on a 2-way contract. Tyson Chandler and Austin Rivers are candidates who are less likely to be re-signed, but may end up filling the same roles they did this year. Otherwise, expect Morey to take fliers on guys who have high upside in the system that are cut by other teams or don't get the larger contracts they are hoping to find and willing to take short term deals in Houston in an effort to rebuild their value.
Although technically below the tax, using the Full MLE would hard-cap the Rockets at a level providing almost no flexibility for in-season maneuvers, something Morey despises, so the taxpayer mini-MLE is the only practical option available this off-season. However, if avoiding the luxury tax is a priority (Narrator: "It is."), then using the MLE at all is not going to be feasible. Houston has avoided using the MLE for the past 2 seasons (with the exception of utilizing small portions of it to lock up undrafted players on cheap 3-year deals), and is likely to follow in that path this year.
Morey traditionally does his best work at the trade deadline, and will likely look to that time frame again in the 2021 season.
There is one (unlikely) way that the Rockets could utilize their full MLE - by sending a current player to another team for less salary in return, leading us to...
Trades:
The Rockets do not have a lot of positive-value contracts they can part with that are not a critical part of their core.
Danuel House is on a good contract, and the team may be looking to move him if they believe his bubble antics were problematic for future chemistry. He could likely be moved with no problem. This would also be an easy way to cut a couple million dollars in salary, if necessary.
PJ Tucker and Robert Covington are also on good deals, but are crucial to the Rockets scheme. It is extremely unlikely they will be dealt. James Harden and Russell Westbrook are also unlikely to go anywhere in the off-season. If disaster strikes or a deal that can't be refused arises, then there is a small chance one or more of these 4 could be moved at the deadline.
As stated before, Eric Gordon is the most likely candidate to be traded. While his improved bubble play may have gotten his contract closer to 'neutral' value, it is likely that a pick would need to be attached to it in order to bring back a player of value, particularly from a rebuilding team, which is also the traditional place where he could be sent into cap space to avoid bringing back 80% in matching salary. However due to his age and injury history, he is probably only of interest to a team that fancies itself as 'contending' for something. There is a small chance that he could be sent to Golden State, as his contract fits within their Traded Player Exception and he fills a position of need, but it is unlikely that Houston is anxious to improve a conference rival (however, the idea that he could possibly bring back draft capital and increase the size of the league's payout check to non-taxpaying teams make this a scenario that can not be discarded outright).
Sending Gordon into space is the best way for Houston to access its full MLE (as well as creating a hefty TPE of their own). However, it would likely have to happen in the window after the draft and before free agency shakes out in order to be an option. And it would likely entail losing Houston's only first round pick that is available for trade, making later moves more difficult (so I don't expect this to happen).
Available Picks that can be traded:
​

YEAR	ROUND	DETAILS/NOTES
2021	1	worst of HOU, OKC, MIA
2022	1	cannot be used this year in conjunction with the 2021 pick
2021	2	swap rights with Philadelphia
2024	2	from GS

*All of the team's own second round picks from 2024 and beyond
Houston does not have a lot of draft capital. Morey will surely look to use the 2021 first at the trade deadline to move a contract, allowing him to keep the 2022 first (Houston's last tradeable first round pick thanks to the Stepien Rule) for use next year if necessary.
Possible scenarios:
Which contract(s) and for what type of deal are the only questions, and only time will tell what those needs are (best player available/positional need/salary cap savings) and how to best fulfill them. There are a ton of options and no one can tell what sort of needs or opportunities will arise by mid-way through next season. But by waiting to strike until that point, Morey maximizes his potential to do the best thing for the team going forward, whether it is a small move for tax savings, a big splash for a disgruntled superstar, or even the beginning of a total rebuild.
Waiting until the deadline also gives guys like Gordon and Westbrook a chance to overcome the injuries that plagued them in 2020 and raise their trade value. Trading either one of these contracts for multiple smaller contracts (at 80% value) is the fastest and easiest way to get to within striking distance of avoiding the tax again this year, and allowing Morey to 3-peat in cap wizardry.
I suppose I'll predict that 1) Gordon and a pick will be headed someplace like Philadelphia, who could use his shooting (maybe for Josh Richardson and Zaire Smith?) or perhaps, 2) Morey will work with Monte McNair in Sacramento to do a deal for someone (maybe Nemanja Bjelica and Jabari Parker?), much like he did with his other recent protégé-turned-GM, Gersson Rosas, at the 2020 deadline.
Of course, there is always the chance that Fertitta will find some money in his couch cushions, or have a come-to-Jesus moment that inspires him to pay the tax, which would open up the possibility of trading for a player who makes equal or more money or potentially even using the MLE this year. In the extremely off-chance that that happens, a perfect candidate would be Myles Turner in Indiana, who would provide the stretch-big rim protector that would fit so well in Houston's system. Aaron Gordon would also fit really well into Houston's system as long as he can hit a corner 3. Doing either of these trades and avoiding the tax is within the realm of feasibility if another contract (e.g. House or Tucker's) is included with Gordon's.
And to wrap this up, a few potential FA targets to use the MLE (or a potential S&T) on if it somehow becomes possible: Serge Ibaka, Jerami Grant, Aaron Baynes, Davis Bertans, Bogdan Bogdanovich, a Morris twin, Danilo Gallinari, Anthony Davis.

Welcome to Lost in the Sauce, keeping you caught up on political and legal news that often gets buried in distractions and theater… or a global health crisis.
Figuring out how to divide the COVID-19 content from the “regular” news has been difficult because the pandemic is influencing all aspects of life. Some of the stories below involve the virus, but I chose to include them when it fits into one of the pre-established categories (like congress or immigration). The coronavirus-central post will be made again this Thursday-Friday; the sign up form now has an option to choose to receive an email when the coronavirus-focused roundup is posted.
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Let’s dig in!

MAIN COURSE

Congress passes stimulus

Last week started out with a Republican-crafted stimulus bill that was twice-blocked by Senate Democrats, who objected to the lax conditions of aid to corporations, too little funding for hospitals, and a $500 billion “slush fund” for big companies to be doled out by Treasury Secretary Steve Mnuchin with no oversight.
Conservative-Democrat Joe Manchin (WV) even criticized the GOP bill:

“It fails our first responders, nurses, private physicians and all healthcare professionals. ... It fails our workers. It fails our small businesses… Instead, it is focused on providing billions of dollars to Wall Street and misses the mark on helping the West Virginians that have lost their jobs through no fault of their own.”

Through negotiations, Democrats shifted the bill in a more-worker friendly direction. The version that passed includes the following Democrat-added provisions: expanded unemployment benefits, $100 billion for hospitals, $150 billion for state and local governments, direct payments to Americans without a phase-in (ensuring low-income workers get the full amount), a ban on Trump and his children from receiving aid, and oversight on the “slush fund” (see next section for more info). Senate Democrats also managed to remove a provision that would have excluded nonprofits that receive Medicaid funding from the small-business grants.

• Further reading: After Senate Democrats blocked the Republican-crafted bill, House Speaker Nancy Pelosi led the House Democrats in releasing their own version, a best-case scenario of their dream coronavirus stimulus bill. It is interesting to contrast what the Democrats prioritized to what the Republicans focused on: “How the House Democrats' stimulus plan compares to the Senate's”

Echoing sentiments expressed during debate on the previous coronavirus bill (the second, for those keeping track), Republican senators derided the $600 a week increase in unemployment payments as “incentivizing” workers to quit their jobs. Sens. Ben Sasse (Neb.), Rick Scott (Fla.), Tim Scott (S.C.) and Lindsey Graham (S.C.) delayed passage of the bill in order to force a vote on an amendment removing the extra unemployment funding. "This bill pays you more not to work than if you were working," Graham said. Fortunately for American workers, the amendment failed and the improved bill passed the Senate and the House.

• Note: In 2009 only three Republicans helped Obama pass his stimulus bill in his first month in office.

The giveaways in the bill

While Senate Democrats were able to add worker-friendly provisions, the bill still required bipartisan support to pass the chamber and some corporate giveaways remained in the final version.

• NYT: “Senate Republicans inserted an easy-to-overlook provision on page 203 of the 880-page bill that would permit wealthy investors to use losses generated by real estate to minimize their taxes on profits from things like investments in the stock market. The estimated cost of the change over 10 years is $170 billion.”
  
• NYT: “...if a company owns multiple hotels, even if the overall hotel or restaurant chain has more than 500 employees — the limit to qualify for treatment as a small business — it will still be able to take advantage of the small-business benefits offered in the rescue package. ...The provision could benefit the Trump Organization, which operates a relatively small chain, with six hotels in the United States in cities including New York, Washington and Chicago.”
  

Politico:

• “A provision for the FDA to approve ‘innovative’ sunscreens—which would benefit L’Oreal, which has operations in Kentucky—appeared in the bill, which was steered in the Senate by Majority Leader Mitch McConnell of Kentucky.”
  
• “The $25 billion allocated in loans and loan guarantees for the airlines will also benefit eligible businesses "approved to perform inspection, repair, replace, or overhaul services, and ticket agents.” The last two words — ‘ticket agents’ — mean that travel agents who book flights will also be able to apply for a piece of the $25 billion.”
  
• “The credit reporting industry got a win by defeating a total ban on negative credit reports during the crisis. Instead, a watered down version made it into the final bill: Consumers wouldn't get a negative credit report if they have an agreement with a lender to delay payments or make partial payments.”
  

Trump’s signing statement

While signing the latest coronavirus relief bill, the president also issued a signing statement undercutting the congressional oversight provision creating an inspector general to track how the administration distributes the $500 billion “slush fund” money.
The newly-created inspector general is legally required to audit loans and investments made through the fund and report to Congress his/her findings, including any refusal by the executive office to cooperate. In his signing statement, Trump wrote that his understanding of constitutional powers allows him to gag the special IG:

"I do not understand, and my Administration will not treat, this provision as permitting the [inspector general] to issue reports to the Congress without the presidential supervision required" by Article II of the Constitution.

The signing statement further suggests that Trump does not have to comply with a provision requiring that agencies consult with Congress before it spends or reallocates certain funds: "These provisions are impermissible forms of congressional aggrandizement with respect to the execution of the laws," the statement reads.
While some have said that Congress fell short in this instance, one Democratic Senate aide told Politico that Congress built in multiple layers of oversight, including “a review of other inspectors general and a congressional review committee charged with overseeing Treasury and the Federal Reserve's efforts to implement the law.”
Legal experts have pointed out that a signing statement is “without legal effect.” But that ignores the fact that oversight is not equal to enforcement. The problem, in my opinion, isn’t that Congress won’t be notified of any abuses of power by Trump. The problem is that congressional Republicans and the judiciary have largely failed to hold him accountable and enforce our laws even after learning of his abuses.

Concerns about the IG

Another potential weakness in the oversight structure is the inspector general position itself. The special inspector general for pandemic recovery, known by the acronym S.I.G.P.R., is nominated by the president and confirmed by the Republican-controlled Senate. As we’ve seen from Trump’s previous nominees, particularly judicial, many unqualified individuals have been confirmed. The Democrats will not have the power to stop the president and Mitch McConnell from jamming through a loyalist to fill the SIGPR role.

Former inspector general at the Justice Department Michael Bromwich: “The signing statement threatens to undermine the authority and independence of this new IG. The Senate should extract a commitment from the nominee that Congress will be promptly notified of any Presidential/Administration interference or obstruction.”

You may recall that Trump has already proven that he’s willing to interfere with the legally-mandated work of an inspector general. When the Ukraine whistleblower filed a complaint last year, the IG of the Intelligence Community, Michael Atkinson, investigated and determined the complaint to be “urgent” and “credible.” Atkinson wrote a report and gave it to Director of National Intelligence Joseph Maguire to hand over to Congress. However, the White House and DOJ interfered and instructed Maguire not to transmit the report to the Senate and House Intelligence Committees. Chairman Adam Schiff had to subpoena Maguire to turn over the report and testify before his committee.
Further, there are already five IG vacancies in agencies that have a critical role in responding to the pandemic. The Treasury itself has not had a permanent, Senate-confirmed IG for over eight months now, and Trump hasn’t nominated a replacement. The Treasury Dept. has taken a lead role in the coronavirus response, with Secretary Mnuchin handling most of the negotiating with Congress on Trump’s behalf. The fact that the lead agency doesn’t have IG oversight should be troublesome in itself; replicating the situation with a special IG doesn’t seem to be a promising solution.

• The other four coronavirus-related agencies without a permanent IG: Department of Health and Human Services’ IG has been vacant for nine months, Department of Defense’s IG has been vacant for four years, Department of Education’s IG has been vacant for one year, and Office of Personnel Management’s IG has been vacant for four years. Overall, there are twelve IG vacancies in the 37) presidentially-appointed offices.

UPDATE: The nation's inspectors general have appointed Glenn Fine, the Pentagon's acting IG, to lead the committee of IGs overseeing the coronavirus relief effort.

This is one of several oversight mechanisms built into the new law. They include:
A committee of IGs (now led by Fine), a new special IG (to be nominated by Trump), a congressional review panel (to be appointed by House/Senate leaders)

Direct payments

Included in the stimulus bill is a $1200 one-time direct payment for all Americans who made less than $75,000 in 2019 (less than $150,000 if couples filed jointly). More details can be found here. I have read that the Treasury will use 2018 information for those who have not filed yet this year, but I am not 100% sure that’ll happen.
Mnuchin has said that Americans can expect to receive the money within three weeks, but many experts expect that timetable to be pushed into late April. Additionally, that only applies to Americans who included direct deposit information on their 2019 tax returns. Those who did not include their bank’s information will have to be sent a physical check in the mail… which could take anywhere from two to four months.
Other options are being discussed, including partnering the Treasury Dept. with MasterCard and Visa to deliver prepaid debit cards. Venmo and Paypal are reportedly lobbying the government to be considered as a disbursement option.
Future payments?
House Speaker Pelosi is already planning another wave of direct payments to Americans, saying that the $1,200 is not enough to mitigate the economic effects of the pandemic: “I don’t think we’ve seen the end of direct payments.” Republicans, meanwhile, are taking a ‘wait and see’ approach, using the next couple of weeks to measure the impact of the $2 trillion bill passed last week.

House Minority Leader Kevin McCarthy: “What concerns me is when I listen to Nancy Pelosi talk about a fourth package now, it’s because she did not get out of things that she really wanted...I’m not sure you need a fourth package...Let’s let this work ... We have now given the resources to make and solve this problem. We don’t need to be crafting another bill right now.”
For the fourth legislative package, Democrats have said they would like to see increased food stamp benefits; increased coverage for coronavirus testing, visits to the doctor and treatment; more money for state and local governments, including Washington, D.C.; expanded family and medical leave; pension fixes; and stronger workplace protections.

Trump’s signature
Normally, a civil servant signs federal checks, like the direct payments Americans are set to receive. According to a Wall Street Journal report, Trump has told people that he wants his signature to appear on the stimulus checks.

THE SIDES

War on the poor continues

Amid the coronavirus crisis, Trump has defended his continued support of a Republican-led lawsuit to dismantle the Affordable Care Act, which would result in 20 million Americans losing health insurance if successful. The Supreme Court agreed to hear arguments in the case this fall. Contrasting with his position that the ACA is illegal, Trump is considering reopening enrollment on HealthCare.gov, allowing millions of uninsured individuals to get coverage before potentially incurring charges and fees related to COVID-19.
Joe Biden called on Texas Attorney General Ken Paxton, who is leading the charge against the ACA, and President Trump to drop the lawsuit:

“At a time of national emergency, which is laying bare the existing vulnerabilities in our public health infrastructure, it is unconscionable that you are continuing to pursue a lawsuit designed to strip millions of Americans of their health insurance and protections under the Affordable Care Act (ACA), including the ban on insurers denying coverage or raising premiums due to pre-existing conditions.”

The Trump administration is also pushing forward with its plan to kick 700,000 people off federal food stamp assistance, known as SNAP (Supplemental Nutrition Assistance Program). The USDA announced two weeks ago that the department will appeal Judge Beryl Howell’s recent decision that the USDA’s work mandate rule is “arbitrary and capricious."
Additionally: The Social Security Administration has no plans to slow down a rule change set for June that will limit disability benefits, the Department of Health and Human Services still intends to reduce automatic enrollment in health coverage, and the Department of Housing and Urban Development will continue the process to enact a rule that would make it harder for renters to sue landlords for racial discrimination.

Lawmakers’ stock transactions

The Justice Department and Securities and Exchange Commission are beginning to investigate stock transactions made ahead of the economic crisis caused by the coronavirus pandemic. CNN reports that the inquiry has already reached out to Senator Richard Burr for information. “Under insider trading laws, prosecutors would need to prove the lawmakers traded based on material non-public information they received in violation of a duty to keep it confidential,” a task that won’t be easy.
Sen. Burr is facing another consequence of his trades: Alan Jacobson, a shareholder in Wyndham Hotels and Resorts, sued Burr for allegedly using private information to instruct a mass liquidation of his assets. Among the shares he sold were an up to $150,000 stake in Wyndham, whose stock suffered a market-value cut of more than two-thirds since mid-February.

Environmental rollbacks

Using the pandemic as cover, the Trump administration has begun to more aggressively roll back regulations meant to protect the environment. These are examples of what Naomi Klein dubbed “the shock doctrine”: the phenomenon wherein polluters and their government allies push through unpopular policy changes under the smokescreen of a public emergency.
On Thursday, the EPA announced (non-paywalled) an expansive relaxation of environmental laws and fines, exempting companies from consequences for pollution. Under the new rules, there are basically no rules. Companies are asked to “act responsibly” but are not required to report when their facilities discharge pollution into the air or water. Just five days before abandoning any pollution oversight, the oil industry’s largest trade group implored the administration for assistance, stating that social distancing measures caused a steep drop in demand for gasoline.

• Monday morning update: In an interview with Fox News this morning, Trump said he was going to call Putin after the interview to discuss the Saudi-Russia oil fight. A consequence of this "battle" has been plummeting prices in the U.S. making it difficult for domestic companies (like shale extraction) to turn a profit. It's striking that the day after Dr. Fauci told Americans we can expect 100,000 to 200,000 deaths from COVID-19 (if we keep social distancing measures in place), Trump's first action is to talk to Fox News and his second action is to intervene in an international tiff on behalf of the oil and gas industry.

Gina McCarthy, who led the E.P.A. under the Obama administration, called the rollback “an open license to pollute.” Cynthia Giles, who headed the EPA enforcement division during the Obama administration, said “it is so far beyond any reasonable response I am just stunned.”
The EPA is also moving forward with a widely-opposed rule to limit the types of scientific studies used when crafting new regulations or revising current ones. Hidden behind claims of increased transparency, the rule would require disclosure of all raw data used in scientific studies. This would disqualify many fields of research that rely on personal health information from individuals that must be kept confidential. For example, studies that show air pollution causes premature deaths or a certain pesticide is linked to birth defects would be rejected under the proposed rule change.
Officials and scientists are calling upon the EPA to extend the time for comment on the regulatory changes, arguing that the public is unable to express their opinion while dealing with the pandemic.

“These rollbacks need and deserve the input of our public health community, but right now, they are rightfully focused on responding to the coronavirus,” said Representative Frank Pallone of New Jersey, the chairman of the House Energy and Commerce Committee.

Other controversial decisions being made:

• A former EPA official who worked on controversial policies returned as Administrator Andrew Wheeler’s chief of staff. Mandy Gunasekara helped write regulations to ease pollution controls for coal-fired power plants and vehicle emissions in her previous role as chief of the EPA’s Office of Air and Radiation. In a recent interview, Gunasekara, who played a role in the decision to exit the Paris Climate Accord, pushed back on the more dire predictions of climate change, saying, “I don't think it is catastrophic.”
  
• NYT: The plastic bag industry, battered by a wave of bans nationwide, is using the coronavirus crisis to try to block laws prohibiting single-use plastic. “We simply don’t want millions of Americans bringing germ-filled reusable bags into retail establishments putting the public and workers at risk,” an industry campaign that goes by the name Bag the Ban warned on Tuesday. (Also see The Guardian)
  
• Kentucky, South Dakota, and West Virginia passed laws putting new criminal penalties on protests against fossil fuel infrastructure in just the past two weeks.
  
• The Hill: The Environmental Protection Agency (EPA) said Friday that it will extend the amount of time that winter gasoline can be sold this year as producers have been facing lower demand due to the coronavirus. It will allow companies to sell the winter-grade gasoline through May 20, whereas companies would have previously been required to stop selling it by May 1 to protect air quality. “In responding to an international health crisis, the last thing the EPA should do is take steps that will worsen air quality and undermine the public’s health,” biofuels expert David DeGennaro said.
  
• NYT: At the Interior Department, employees at the U.S. Fish and Wildlife Service have been under strict orders to complete the rule eliminating some protections for migratory birds within 30 days, according to two people with direct knowledge of the orders. The 45-day comment period on that rule ended on March 19.
  
• WaPo: The Interior Department has received over 230 nominations for oil and gas leases covering more than 150,000 acres across southern Utah, a push that would bring drilling as close as a half-mile from some of the nation’s most famous protected sites, including Arches and Canyonlands National Parks… if all the fossil fuels buried in those sites was extracted and burned, it would translate into between 1 billion and 5.95 billion metric tons of carbon dioxide being released into the air. That upward measure is equal to half the annual carbon output of China
  

Court updates

Press freedom case
Southern District of New York District Judge Lorna Schofield ruled that a literary advocacy group’s lawsuit against Trump for allegedly violating the First Amendment can move forward. The group, PEN America, is pursuing claims that Trump “has used government power to retaliate against media coverage and reporters he dislikes.”
Schofield determined that PEN’s allegation that Trump made threats to chill free speech was valid, providing as an example the White House’s revocation of CNN correspondent Jim Acosta’s press press corps credentials:

”The threats are lent credence by the fact that Defendant has acted on them before, by revoking Mr. Acosta’s credentials and barring reporters from particular press conferences. The Press Secretary indeed e-mailed the entire press corps to inform them of new rules of conduct and to warn of further consequences, citing the incident involving Mr. Acosta… These facts plausibly allege that a motivation for defendant’s actions is controlling and punishing speech he dislikes.”

Twitter case
The president suffered another First Amendment defeat last week when the full 2nd Circuit Court of Appeals declined to review a previous ruling that prevents Trump from blocking users on the Twitter account he uses to communicate with the public. Judge Barrington D. Parker, a Nixon-appointee, wrote: “Excluding people from an otherwise public forum such as this by blocking those who express views critical of a public official is, we concluded, unconstitutional.”
Trump-appointees Michael Parker and Richard Sullivan authored a dissent, arguing the free speech “does not include a right to post on other people’s personal social media accounts, even if those other people happen to be public officials.” Park warned that the ruling will allow the social media pages of public officials to be “overrun with harassment, trolling, and hate speech, which officials will be powerless to filter.”
Florida’s felon voting
U.S. District Judge Robert Hinkle ripped into Florida Governor Ron DeSantis’s administration for failing to come up with a process to determine which felons are genuinely unable to pay court-ordered fees and fines, which are otherwise required to be paid before having their voting rights restored.
“If the state is not going to fix it, I will,” Hinkle warned. He had given the state five months to come up with an administrative process for felons to prove they’re unable to pay financial obligations, but Florida officials did not do so. The case is set to be heard on April 28 (notwithstanding any coronavirus-related delays).

ICE, Jails, and COVID-19

ICE
One of the most overlooked populations with an increased risk of death from coronavirus are those in detention facilities, which keep people in close quarters with little sanitation or protective measures (including for staff).
Last week, U.S. District Judge Dolly Gee ordered the federal government to “make continuous efforts” to release migrant children from detention centers across the country. Numerous advocacy groups asked for the release after reports that four children being held in New York had tested positive for the virus:

“The threat of irreparable injury to their health and safety is palpable,” the plaintiffs’ lawyers said in their petition… both of the agencies operating migrant children detention facilities must by April 6 provide an accounting of their efforts to release those in custody… “Her order will undoubtedly speed up releases,” said Peter Schey, co-counsel for the plaintiffs in the court case.

On Tuesday, 13 immigrants held at ICE facilities in California filed a lawsuit demanding to be released because their health conditions make them particularly vulnerable to dying if infected by the coronavirus. An ACLU statement says the detainees are “confined in crowded and unsanitary conditions where social distancing is not possible.” The 13 individuals are all over the age of 50 and/or suffering from serious underlying medical issues like high blood pressure.

“From all the evidence we have seen, ICE is failing to fulfill its constitutional obligation to protect the health and safety of individuals in its custody. ICE should exercise its existing discretion to release people with serious medical conditions from detention for humanitarian reasons,” said William Freeman, senior counsel at the ACLU of Northern California.

Meanwhile, ICE is under fire for continuing to shuttle detainees across the country, with one even being forced to take nine different flights bouncing from Louisiana to Texas to New Jersey less than two weeks ago. That man is Dr. Sirous Asgari, a materials science and engineering professor from Iran, who was acquitted last year on federal charges of stealing trade secrets. The government lost its case against him, yet ICE has had him in indefinite detention since November.

Asgari, 59, told the Guardian that his Ice holding facility in Alexandria, Louisiana, had no basic cleaning practices in place and continued to bring in new detainees from across the country with no strategy to minimize the threat of Covid-19...Detainees have no hand sanitizer, and the facility is not regularly cleaning bathrooms or sleeping areas…Detainees lack access to masks… Detainees struggle to stay clean, and the facility has an awful stench.

Jails
State jails are making a better effort to release detained individuals, as both New York and New Jersey ordered a thousand people in each state be let out of jail. The order applied only to low-level offenders sentenced to less than a year in jail and those held on technical probation violations. In Los Angeles County, officials released over 1,700 people from its jails.
A judge in Alabama took similar steps last week, ordering roughly 500 people jailed for minor offenses to be released to lessen crowding in facilities. Unlike in New York and New Jersey, however, local officials reacted in an uproar, led in part by the state executive committee for the Alabama Republican Party and Assistant District Attorney C.J. Robinson. Using angry Facebook messages as the barometer of the community’s feelings, Robinson worked “frantically” to block inmates from being released.

• Reuters: As of Saturday, at least 132 inmates and 104 staff at jails across New York City had tested positive for COVID-19, the disease caused by the coronavirus… Since March 22, jails have reported 226 inmates and 131 staff with confirmed cases of COVID-19, according to a Reuters survey of cities and counties that run America’s 20 largest jails. The numbers are almost certainly an undercount given the fast spread of the virus.

Tribe opposed by Trump loses land

On Wednesday, The Federal Bureau of Indian Affairs announced the Mashpee Wampanoag Tribe’s reservation would be "disestablished" and its land trust status removed. Tribal Chairman Cedric Cromwell called the move "cruel" and "unnecessary,” particularly coming in the midst of a pandemic crisis. Rep. Bill Keating (D-Mass.), who last year introduced legislation to protect the tribe's reservation as trust land in Massachusetts, said the order “is one of the most cruel and nonsensical acts I have seen since coming to Congress.”
The administration’s decision is especially suspicious as just last year Trump attacked the tribe’s plan to build a casino on its land, tweeting that allowing the construction would be “unfair” and treat Native Americans unequally. As a former casino owner, Trump has spent decades attacking Native American casinos as unfair competition. At a 1993 congressional hearing Trump said that tribal owners “don’t look like Indians to me” and claimed: “I might have more Indian blood than a lot of the so-called Indians that are trying to open up the reservations” to gambling.
More than his past history, however, Trump has current interests at play in the Mashpee Wampanoag’s planned casino: it would have competed for business with nearby Rhode Island casinos owned by Twin River Worldwide Holdings, whose president, George Papanier, was a finance executive at the Trump Plaza casino hotel in Atlantic City.

In the Mashpee case, Twin River, the operator of the two Rhode Island casinos, has hired Matthew Schlapp, chairman of the American Conservative Union and a vocal Trump supporter, to lobby for it on the land issue. Schlapp’s wife, Mercedes, is director of strategic communications at the White House.