<a href="https://nebraskaexaminer.com/2024/01/09/sen-linehans-letter-seeks-to-boot-referendum-on-opportunity-scholarships-off-nebraska-ballot/">Nebraska Examiner</a>

LINCOLN — State Sen. Lou Ann Linehan, the author of Nebraska’s Opportunity Scholarships Act, asked Secretary of State Bob Evnen on Tuesday not to allow a ballot initiative that could repeal a new tax break for helping low-income kids attend private schools.&nbsp;

Linehan’s core argument is that the Nebraska Constitution reserves the power to set and raise revenues expressly for the Legislature. Linehan wants Evnen to reconsider his October certification of the Support Our Schools petition effort for the November 2024 ballot.

She said several lawyers she consulted questioned whether a referendum can repeal a revenue-setting law. But this was the first time any of them knew of a Nebraska referendum involving a revenue law already in effect, she said.&nbsp;

Her letter to Evnen cites Article VIII, Section 1 of the State Constitution, which says the “necessary revenue of the state and its governmental subdivisions shall be raised by taxation in such manner as the Legislature may direct.”&nbsp;

The constitution also says only the Legislature can undo revenue laws, she and her attorneys wrote. Linehan said Tuesday she has been exploring this option since September but wanted to make sure lawyers agreed with her approach.&nbsp;

“I’m not a lawyer, but it’s pretty basic, clear language,” she said. “On top of that there is a statute that says only the Legislature can do revenue bills.”

Jackie Ourada, spokeswoman for Nebraska Secretary of State Bob Evnen, said he “hopes to make a decision as soon as possible” about Linehan’s request but said there is not yet “a set timeline.”

Linehan said school choice advocates are prepared to explore their legal options if Evnen disagrees. Benson said supporters of the repeal referendum are also prepared.

Proponents of protecting public funds for public schools, including Jenni Benson of Support Our Schools, said Linehan seems determined to stop voters from weighing in on diverting public funds for private K-12 education.

“Nebraskans have made it very clear they want to vote on whether to divert tax dollars to private schools,” she said. “The Secretary of State certified and has made clear that the Repeal LB 753 referendum petition met all statutory and constitutional requirements to put this issue on the ballot.”

Benson and others opposing the Opportunity Scholarships Act, including some with ties to the Nebraska State Education Association, have contended that Linehan is helping billionaires who want to save on their taxes.

Those opposing the scholarships act “will not back down” from people seeking to “impose their will on Nebraska voters,” Benson said.

Opponents of the law have said they worry the tax break given for funding scholarships for low-income Nebraskans is one foot in the door for broader, more expensive efforts to fund private school vouchers, mirroring the pattern in some other states, including neighboring Iowa.

Linehan and others defending the Opportunity Scholarships Act, including Gov. Jim Pillen, have said that some children need more options than their local public schools. They also say competition for students is good.

Lauren Gage, a former spokeswoman for Keep Kids First, who works now for the scholarship-granting organization Opportunity Scholarships of Nebraska, said she is pleased to see people try to protect the new law.&nbsp;

She said the law has helped an idea become more tangible for families “who see a glimmer of hope.” She said it would be “tragic” to stop the law before more people benefit. She said they “serve families who wanted a better educational opportunity and just couldn’t afford it.”&nbsp;

“We’ve heard from hundreds of families interested in the scholarships and our application process isn’t even open yet,” Gage said.

The Nebraska Catholic Conference, which supports the scholarships, anxiously awaits Evnen’s response, said&nbsp;Tom Venzor, executive director.

Under the new law, the tax break is capped at $25 million annually for three years and could rise by the tenth year to $100 million. The law lets taxpayers who donate to scholarship-granting organizations a dollar-for-dollar break from their income taxes, for up to half of what they owe.&nbsp;

Linehan’s critics have argued she is protecting her legislative legacy in her final legislative session. She is term-limited in 2025. They also note that her daughter works for a school-choice advocacy organization.

Rebecca Firestone, executive director of OpenSky Policy Institute, which has advocated to protect state funding for public schools, said the premise of Linehan’s legal argument would seem to put school bond elections, municipal bond elections and levy cap overrides at risk.

“Preventing voters from weighing in on state revenue policy undermines democracy, stifles public participation and removes a check on elected officials that is a hallmark of Nebraska’s Unicameral system,” Firestone said.&nbsp;

Asked why she’s trying to stop the referendum this way, Linehan said she believes in the constitution and the law. She said it appears referendums can’t reverse revenue or spending measures by the Legislature.&nbsp;

“It’s because the Legislature has to look at the whole picture, revenue and appropriations,” Linehan said.

University of Nebraska law professor Anthony Schutz, who has argued the Opportunity Scholarships Act itself might violate the State Constitution’s provision on appropriating public money to private schools, said Linehan’s legal argument has some holes.

Schutz, an expert on the Nebraska Constitution, said the document reserves powers for the people “separate and higher than the Legislature.” He said the only power not granted to the referendum process in his read is “appropriations.”&nbsp;

Since Linehan’s law was designed, in part, as a revenue bill to avoid triggering that provision, he said it either is open to the referendum process or an appropriations bill that is open to a legal challenge on constitutional grounds.&nbsp;

He said the people reserved for themselves the power to repeal existing laws and to write their own.

“I think this is a pretty steep hill for them to climb,” he said. “The people wanted, through those provisions on referendum, the power to check the Legislature’s work. To say the referendum doesn’t extend to the tax laws is a massive power.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/1/1704898821186.jpeg" alt=" State Sens. Lou Ann Linehan and Justin Wayne flank Gov. Jim Pillen after he signed LB 753, the Opportunity Scholarships Act, into law on May 30. (Courtesy of the Nebraska Governor’s Office)" />
 <figcaption> State Sens. Lou Ann Linehan and Justin Wayne flank Gov. Jim Pillen after he signed LB 753, the Opportunity Scholarships Act, into law on May 30. (Courtesy of the Nebraska Governor’s Office)</figcaption>
 </figure>Aaron Sanderford<a href="https://nebraskaexaminer.com/2024/01/09/sen-linehans-letter-seeks-to-boot-referendum-on-opportunity-scholarships-off-nebraska-ballot/">Nebraska Examiner</a>LINCOLN — State Sen. Lou Ann Linehan, the author of Nebraska’s Opportunity Scholarships Act, asked Secretary of State Bob Evnen on Tuesday not to allow a ballot initiative that could repeal a new tax break for helping low-income kids attend private schools.&nbsp;Linehan’s core argument is that the Nebraska Constitution reserves the power to set and raise revenues expressly for the Legislature. Linehan wants Evnen to reconsider his October certification of the Support Our Schools petition effort for the November 2024 ballot.She said several lawyers she consulted questioned whether a referendum can repeal a revenue-setting law. But this was the first time any of them knew of a Nebraska referendum involving a revenue law already in effect, she said.&nbsp;Her letter to Evnen cites Article VIII, Section 1 of the State Constitution, which says the “necessary revenue of the state and its governmental subdivisions shall be raised by taxation in such manner as the Legislature may direct.”&nbsp;The constitution also says only the Legislature can undo revenue laws, she and her attorneys wrote. Linehan said Tuesday she has been exploring this option since September but wanted to make sure lawyers agreed with her approach.&nbsp;“I’m not a lawyer, but it’s pretty basic, clear language,” she said. “On top of that there is a statute that says only the Legislature can do revenue bills.”Jackie Ourada, spokeswoman for Nebraska Secretary of State Bob Evnen, said he “hopes to make a decision as soon as possible” about Linehan’s request but said there is not yet “a set timeline.”Linehan said school choice advocates are prepared to explore their legal options if Evnen disagrees. Benson said supporters of the repeal referendum are also prepared.<h2>Public school supporters will fight</h2>Proponents of protecting public funds for public schools, including Jenni Benson of Support Our Schools, said Linehan seems determined to stop voters from weighing in on diverting public funds for private K-12 education.“Nebraskans have made it very clear they want to vote on whether to divert tax dollars to private schools,” she said. “The Secretary of State certified and has made clear that the Repeal LB 753 referendum petition met all statutory and constitutional requirements to put this issue on the ballot.”Benson and others opposing the Opportunity Scholarships Act, including some with ties to the Nebraska State Education Association, have contended that Linehan is helping billionaires who want to save on their taxes.Those opposing the scholarships act “will not back down” from people seeking to “impose their will on Nebraska voters,” Benson said.Opponents of the law have said they worry the tax break given for funding scholarships for low-income Nebraskans is one foot in the door for broader, more expensive efforts to fund private school vouchers, mirroring the pattern in some other states, including neighboring Iowa.<h2>Children need more options</h2>Linehan and others defending the Opportunity Scholarships Act, including Gov. Jim Pillen, have said that some children need more options than their local public schools. They also say competition for students is good.Lauren Gage, a former spokeswoman for Keep Kids First, who works now for the scholarship-granting organization Opportunity Scholarships of Nebraska, said she is pleased to see people try to protect the new law.&nbsp;She said the law has helped an idea become more tangible for families “who see a glimmer of hope.” She said it would be “tragic” to stop the law before more people benefit. She said they “serve families who wanted a better educational opportunity and just couldn’t afford it.”&nbsp;“We’ve heard from hundreds of families interested in the scholarships and our application process isn’t even open yet,” Gage said.The Nebraska Catholic Conference, which supports the scholarships, anxiously awaits Evnen’s response, said&nbsp;Tom Venzor, executive director.Under the new law, the tax break is capped at $25 million annually for three years and could rise by the tenth year to $100 million. The law lets taxpayers who donate to scholarship-granting organizations a dollar-for-dollar break from their income taxes, for up to half of what they owe.&nbsp;<h2>Legal questions</h2>Linehan’s critics have argued she is protecting her legislative legacy in her final legislative session. She is term-limited in 2025. They also note that her daughter works for a school-choice advocacy organization.Rebecca Firestone, executive director of OpenSky Policy Institute, which has advocated to protect state funding for public schools, said the premise of Linehan’s legal argument would seem to put school bond elections, municipal bond elections and levy cap overrides at risk.“Preventing voters from weighing in on state revenue policy undermines democracy, stifles public participation and removes a check on elected officials that is a hallmark of Nebraska’s Unicameral system,” Firestone said.&nbsp;Asked why she’s trying to stop the referendum this way, Linehan said she believes in the constitution and the law. She said it appears referendums can’t reverse revenue or spending measures by the Legislature.&nbsp;“It’s because the Legislature has to look at the whole picture, revenue and appropriations,” Linehan said.<h2>What’s next</h2>University of Nebraska law professor Anthony Schutz, who has argued the Opportunity Scholarships Act itself might violate the State Constitution’s provision on appropriating public money to private schools, said Linehan’s legal argument has some holes.Schutz, an expert on the Nebraska Constitution, said the document reserves powers for the people “separate and higher than the Legislature.” He said the only power not granted to the referendum process in his read is “appropriations.”&nbsp;Since Linehan’s law was designed, in part, as a revenue bill to avoid triggering that provision, he said it either is open to the referendum process or an appropriations bill that is open to a legal challenge on constitutional grounds.&nbsp;He said the people reserved for themselves the power to repeal existing laws and to write their own.“I think this is a pretty steep hill for them to climb,” he said. “The people wanted, through those provisions on referendum, the power to check the Legislature’s work. To say the referendum doesn’t extend to the tax laws is a massive power.”<figure>
 <img src="https://media.eaglewebservices.com/public/2024/1/1704898760337.png" alt="" />
 <figcaption></figcaption>
 </figure>

Sen. Linehan’s letter seeks to boot referendum on Opportunity Scholarships off Nebraska ballot

Lincoln - The Nebraska Public Service Commission has approved an Order (<a href="https://www.nebraska.gov/psc/orders/telecom/2024-01-09%20C-5484%20Order%20Issuing%20Grant%20Awards%20and%20Results%20of%20Challenges.pdf" target="_blank">C-5484</a>) awarding 22 grants totaling nearly $20 million from the Nebraska Broadband Bridge Program (NBBP).

“We are pleased that carriers continue to utilize this program as a viable way to help providebroadband to unserved and underserved Nebraskans,” said Commission Chair Dan Watermeier.

Created by the Nebraska Broadband Bridge Act (Neb. Rev. Stat § 86 1301-1310) the NBBPprovides up to $20 million dollars annually for the development of broadband networks capableof at least 100/100 Mbps (up/down) in unserved and underserved areas of the state.

During the 2023 grant cycle, the Commission received 51 applications for funding through the NBBP. As part of the grant review process, the Commission also received challenges from parties stating that they already served an area covered by a grant application, or plan to provide service to the area in the near future.

Upon review of the applications and the challenges received the Commission determined 22submissions would be funded. The grants awarded were submitted by 10 providers for a total of$19,713,379.26. Projects funded through today’s awards must be completed by July 9, 2025.Providers may apply for one six-month extension.

Commissioner Watermeier said, “ We look forward to watching these projects come to fruitionaccess to broadband continues to increase throughout the state.” 

A detailed list of projects approved through the 2023 grant cycle and funding amounts can be found on the&nbsp;<a href="https://psc.nebraska.gov/telecommunications/nebraska-broadband-bridge-program-nbbpcapital-projects-fund-cpf" target="_blank">Nebraska Broadband Bridge Program page</a>&nbsp;of the PSC website.

Lincoln - The Nebraska Public Service Commission has approved an Order (<a href="https://www.nebraska.gov/psc/orders/telecom/2024-01-09%20C-5484%20Order%20Issuing%20Grant%20Awards%20and%20Results%20of%20Challenges.pdf" target="_blank">C-5484</a>) awarding 22 grants totaling nearly $20 million from the Nebraska Broadband Bridge Program (NBBP).“We are pleased that carriers continue to utilize this program as a viable way to help providebroadband to unserved and underserved Nebraskans,” said Commission Chair Dan Watermeier.Created by the Nebraska Broadband Bridge Act (Neb. Rev. Stat § 86 1301-1310) the NBBPprovides up to $20 million dollars annually for the development of broadband networks capableof at least 100/100 Mbps (up/down) in unserved and underserved areas of the state.During the 2023 grant cycle, the Commission received 51 applications for funding through the NBBP. As part of the grant review process, the Commission also received challenges from parties stating that they already served an area covered by a grant application, or plan to provide service to the area in the near future.Upon review of the applications and the challenges received the Commission determined 22submissions would be funded. The grants awarded were submitted by 10 providers for a total of$19,713,379.26. Projects funded through today’s awards must be completed by July 9, 2025.Providers may apply for one six-month extension.Commissioner Watermeier said, “ We look forward to watching these projects come to fruitionaccess to broadband continues to increase throughout the state.” A detailed list of projects approved through the 2023 grant cycle and funding amounts can be found on the&nbsp;<a href="https://psc.nebraska.gov/telecommunications/nebraska-broadband-bridge-program-nbbpcapital-projects-fund-cpf" target="_blank">Nebraska Broadband Bridge Program page</a>&nbsp;of the PSC website.

PSC Awards Nebraska Broadband Bridge Program Grants

WASHINGTON (AP) — With&nbsp;<a href="https://apnews.com/hub/donald-trump" target="_blank">Donald Trump</a>&nbsp;listening intently in the courtroom, federal appeals court judges in Washington expressed deep skepticism Tuesday that the former president was&nbsp;<a href="https://apnews.com/article/trump-jan-6-justice-department-special-counsel-f82dbd294cd7b963dd69f1ecdf90aded" target="_blank">immune from prosecution</a>&nbsp;on charges that he&nbsp;<a href="https://apnews.com/article/trump-indicted-jan-6-investigation-special-counsel-debb59bb7a4d9f93f7e2dace01feccdc" target="_blank">plotted to overturn the results</a>&nbsp;of the 2020 election.

The panel of three judges, two of whom were appointed by President Joe Biden, also questioned&nbsp;<a href="https://apnews.com/article/trump-capitol-riot-immunity-arguments-takeaways-26e6e525c040d0e546b37f2786bfd132" target="_blank">whether they had jurisdiction</a>&nbsp;to consider the appeal at this point in the case, raising the prospect that Trump’s appeal could be dispensed with on more procedural grounds.

During lengthy arguments, the judges repeatedly pressed Trump’s lawyer to defend claims that&nbsp;<a href="https://projects.apnews.com/features/2023/trump-investigations-civil-criminal-tracker/index.html" target="_blank">Trump was shielded from criminal charges</a>&nbsp;for acts that he says fell within his official duties as president. That argument was&nbsp;<a href="https://apnews.com/article/trump-capitol-riot-immunity-donald-trump-a98872759762c95fa925ff831df27388" target="_blank">rejected last month</a>&nbsp;by the lower-court judge overseeing the case against Trump, and the appeals judges suggested through their questions that they, too, were dubious that the Founding Fathers envisioned absolute immunity for presidents after they leave office.

“I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal law,” said Judge Karen LeCraft Henderson, an appointee of former President George H.W. Bush.

The outcome could carry enormous ramifications both for the landmark criminal case against Trump and for the broader, and legally untested, question of whether an ex-president can be prosecuted for actions taken in the White House. It will also likely set the stage for further appeals before the U.S. Supreme Court, which last month&nbsp;<a href="https://apnews.com/article/trump-january-6-justice-department-90b93eeb663ebaf67a2e0bc266390fa0" target="_blank">declined a request to weigh in</a>&nbsp;but could still get involved later.

A swift decision is crucial for&nbsp;<a href="https://apnews.com/article/jack-smith-special-counsel-prosecutor-donald-trump-garland-e1fdb71cfc258bc2be48a8b890a9269b" target="_blank">special counsel Jack Smith</a>&nbsp;and his team, who are eager to get the case —&nbsp;<a href="https://apnews.com/article/trump-justice-department-january-6-appeal-20726ba42ac87cd2f3a3ffc6a2145490" target="_blank">now paused pending the appeal</a>&nbsp;— to trial before the November election. But Trump’s lawyers, in addition to seeking to get the case dismissed, are hoping to benefit from a protracted appeals process that could delay the trial well past its scheduled&nbsp;<a href="https://apnews.com/article/trump-jan-6-justice-department-indictment-1a5ae1a0ea35492e1e347e28867a7d3f" target="_blank">March 4 start date</a>, including until potentially after the election.

Underscoring the importance to both sides, Trump, the 2024 Republican presidential primary front-runner, attended Tuesday’s arguments even though the Iowa caucuses are just one week away and despite the fact that there’s no requirement that defendants appear in person for such proceedings. Making his first court appearance in Washington&nbsp;<a href="https://apnews.com/article/trump-indicted-jan-6-investigation-special-counsel-a79f2d3683c7591058635c9b3d870070" target="_blank">since his arraignment in August</a>, Trump sat at the defense table, watching closely and occasionally taking notes and speaking with his lawyers.

His appearance and his comments afterward underscored his broader effort to portray himself as the victim of a justice system he claims is politicized. Though there’s no evidence Biden has had any influence on the case, Trump’s argument could resonate with Republican voters in Iowa as they prepare to launch the presidential nomination process.

After the hearing, Trump spoke to reporters at The Waldorf-Astoria hotel, which used to be the Trump International Hotel, calling Tuesday “a very momentous day.” He insisted he did nothing wrong and claimed he was being prosecuted for political reasons.

“A president has to have immunity,” he said.

Former presidents enjoy broad immunity from lawsuits for actions taken as part of their official White House duties. But because no former president before Trump has ever been indicted, courts have never before addressed whether that protection extends to criminal prosecution.

Trump’s lawyers insist that it does, arguing that courts have no authority to scrutinize a president’s official acts and that the prosecution of their client represents a dramatic departure from more than two centuries of American history that would open the door to future politically motivated cases.

“To authorize the prosecution of a president for official acts would open a Pandora’s box from which this nation may never recover,” said D. John Sauer, a lawyer for Trump, asserting that, under the government’s theory, presidents could be prosecuted for giving Congress “false information” to enter war or for authorizing drone strikes targeting U.S. citizens abroad.

He later added, “If a president has to look over his shoulder or her shoulder every time he or she has to make a controversial decision and wonder if ‘after I leave office, am I going to jail for this when my political opponents take power?’ that inevitably dampens the ability of the president.”

But the judges were skeptical about those arguments. Judges Henderson and Florence Pan noted the lawyer who represented Trump during his 2021 impeachment trial suggested that he could later face criminal prosecution, telling senators at the time: “We have a judicial process in this country. We have an investigative process in this country to which no former office holder is immune.”

“It seems that many senators relied on that in voting to acquit” Trump, Pan told Sauer.

Judge J. Michelle Childs also questioned why former President Richard Nixon would&nbsp;<a href="https://apnews.com/article/rafael-nadal-today-in-history-covid-health-texas-6453a85999b1728c1fac461186b10774" target="_blank">need to be granted a pardon</a>&nbsp;in 1974 after the Watergate scandal if former presidents enjoy immunity from prosecution. Sauer replied that in Nixon’s case, the conduct did not involve the same kind of “official acts” Trump’s lawyers argue form the basis of his indictment.

Aside from the merits of the immunity claim, the judges jumped right into questioning Trump’s lawyer over whether the court has jurisdiction to hear the appeal at this time. Sauer said presidential immunity is clearly a claim that is meant to be reviewed before trial. Smith’s team also said that it wants the court to decide the appeal now.

Smith’s team maintains that presidents are not entitled to absolute immunity and that, in any event, the acts Trump is alleged in the indictment to have taken — including&nbsp;<a href="https://apnews.com/article/capitol-siege-joe-biden-presidential-elections-election-2020-electoral-college-311f88768b65f7196f52a4757dc162e4" target="_blank">scheming to enlist fake electors</a>&nbsp;in battleground states won by Biden and&nbsp;<a href="https://apnews.com/article/pence-jan-6-trump-indictment-ab36fd360a0850562a07d1b404f15d69" target="_blank">pressing his vice president</a>, Mike Pence, to reject the counting of electoral votes on Jan. 6, 2021 — fall outside a president’s official job duties.

“The president has a unique constitutional role but he is not above the law. Separation of powers principles, constitutional text, history, precedent and immunity doctrines all point to the conclusion that a former president enjoys no immunity from prosecution,” prosecutor James Pearce said, adding that a case in which a former president is alleged to have sought to overturn an election “is not the place to recognize some novel form of immunity.”

When Judge Henderson asked how the court could write its opinion in a way that wouldn’t open the “floodgates” of investigations against ex-presidents, Pearce said he did not anticipate “a sea change of vindictive tit-for-tat prosecutions in the future.” He called the allegations against Trump fundamentally unprecedented.

“Never before has there been allegations that a sitting president has, with private individuals and using the levers of power, sought to fundamentally subvert the democratic republic and the electoral system,” he said. “And frankly, if that kind of fact pattern arises again, I think it would be awfully scary if there weren’t some sort of mechanism by which to reach that criminally.”

It’s not clear how quickly the panel from the U.S. Circuit Court of Appeals from the D.C. Circuit will rule, though it has signaled that it intends to work quickly.

U.S. District Judge Tanya Chutkan rejected the immunity arguments,&nbsp;<a href="https://apnews.com/article/trump-capitol-riot-immunity-donald-trump-a98872759762c95fa925ff831df27388" target="_blank">ruling last month that the office of the presidency does not confer a “‘get-out-of-jail-free’” pass.</a>&nbsp;Trump’s lawyers appealed that decision, but Smith’s team, determined to keep the case on schedule, sought to leapfrog the appeals court by asking the Supreme Court to fast-track the immunity question. The justices declined to get involved.

The appeal is vital to a Trump strategy of trying to postpone the case until after the November election, when a victory could empower him to order the Justice Department to abandon the prosecution or even to seek a pardon for himself. He faces three other criminal cases, in state and federal court, though the Washington case is scheduled for trial first.

WASHINGTON (AP) — With&nbsp;<a href="https://apnews.com/hub/donald-trump" target="_blank">Donald Trump</a>&nbsp;listening intently in the courtroom, federal appeals court judges in Washington expressed deep skepticism Tuesday that the former president was&nbsp;<a href="https://apnews.com/article/trump-jan-6-justice-department-special-counsel-f82dbd294cd7b963dd69f1ecdf90aded" target="_blank">immune from prosecution</a>&nbsp;on charges that he&nbsp;<a href="https://apnews.com/article/trump-indicted-jan-6-investigation-special-counsel-debb59bb7a4d9f93f7e2dace01feccdc" target="_blank">plotted to overturn the results</a>&nbsp;of the 2020 election.<div><blockquote class="twitter-tweet">Former President Trump: &quot;I think they feel this is the way they&#39;re going to try and win and that&#39;s not the way it goes. It&#39;ll be bedlam in the country. It&#39;s a very bad thing. It&#39;s a very bad precedent. It&#39;s the opening of a Pandora&#39;s Box...&quot; <a href="https://t.co/fyYqul1CPC">pic.twitter.com/fyYqul1CPC</a>&mdash; CSPAN (@cspan) <a href="https://twitter.com/cspan/status/1744765731181343209?ref_src=twsrc%5Etfw">January 9, 2024</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>The panel of three judges, two of whom were appointed by President Joe Biden, also questioned&nbsp;<a href="https://apnews.com/article/trump-capitol-riot-immunity-arguments-takeaways-26e6e525c040d0e546b37f2786bfd132" target="_blank">whether they had jurisdiction</a>&nbsp;to consider the appeal at this point in the case, raising the prospect that Trump’s appeal could be dispensed with on more procedural grounds.During lengthy arguments, the judges repeatedly pressed Trump’s lawyer to defend claims that&nbsp;<a href="https://projects.apnews.com/features/2023/trump-investigations-civil-criminal-tracker/index.html" target="_blank">Trump was shielded from criminal charges</a>&nbsp;for acts that he says fell within his official duties as president. That argument was&nbsp;<a href="https://apnews.com/article/trump-capitol-riot-immunity-donald-trump-a98872759762c95fa925ff831df27388" target="_blank">rejected last month</a>&nbsp;by the lower-court judge overseeing the case against Trump, and the appeals judges suggested through their questions that they, too, were dubious that the Founding Fathers envisioned absolute immunity for presidents after they leave office.“I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal law,” said Judge Karen LeCraft Henderson, an appointee of former President George H.W. Bush.The outcome could carry enormous ramifications both for the landmark criminal case against Trump and for the broader, and legally untested, question of whether an ex-president can be prosecuted for actions taken in the White House. It will also likely set the stage for further appeals before the U.S. Supreme Court, which last month&nbsp;<a href="https://apnews.com/article/trump-january-6-justice-department-90b93eeb663ebaf67a2e0bc266390fa0" target="_blank">declined a request to weigh in</a>&nbsp;but could still get involved later.A swift decision is crucial for&nbsp;<a href="https://apnews.com/article/jack-smith-special-counsel-prosecutor-donald-trump-garland-e1fdb71cfc258bc2be48a8b890a9269b" target="_blank">special counsel Jack Smith</a>&nbsp;and his team, who are eager to get the case —&nbsp;<a href="https://apnews.com/article/trump-justice-department-january-6-appeal-20726ba42ac87cd2f3a3ffc6a2145490" target="_blank">now paused pending the appeal</a>&nbsp;— to trial before the November election. But Trump’s lawyers, in addition to seeking to get the case dismissed, are hoping to benefit from a protracted appeals process that could delay the trial well past its scheduled&nbsp;<a href="https://apnews.com/article/trump-jan-6-justice-department-indictment-1a5ae1a0ea35492e1e347e28867a7d3f" target="_blank">March 4 start date</a>, including until potentially after the election.Underscoring the importance to both sides, Trump, the 2024 Republican presidential primary front-runner, attended Tuesday’s arguments even though the Iowa caucuses are just one week away and despite the fact that there’s no requirement that defendants appear in person for such proceedings. Making his first court appearance in Washington&nbsp;<a href="https://apnews.com/article/trump-indicted-jan-6-investigation-special-counsel-a79f2d3683c7591058635c9b3d870070" target="_blank">since his arraignment in August</a>, Trump sat at the defense table, watching closely and occasionally taking notes and speaking with his lawyers.His appearance and his comments afterward underscored his broader effort to portray himself as the victim of a justice system he claims is politicized. Though there’s no evidence Biden has had any influence on the case, Trump’s argument could resonate with Republican voters in Iowa as they prepare to launch the presidential nomination process.After the hearing, Trump spoke to reporters at The Waldorf-Astoria hotel, which used to be the Trump International Hotel, calling Tuesday “a very momentous day.” He insisted he did nothing wrong and claimed he was being prosecuted for political reasons.“A president has to have immunity,” he said.Former presidents enjoy broad immunity from lawsuits for actions taken as part of their official White House duties. But because no former president before Trump has ever been indicted, courts have never before addressed whether that protection extends to criminal prosecution.Trump’s lawyers insist that it does, arguing that courts have no authority to scrutinize a president’s official acts and that the prosecution of their client represents a dramatic departure from more than two centuries of American history that would open the door to future politically motivated cases.“To authorize the prosecution of a president for official acts would open a Pandora’s box from which this nation may never recover,” said D. John Sauer, a lawyer for Trump, asserting that, under the government’s theory, presidents could be prosecuted for giving Congress “false information” to enter war or for authorizing drone strikes targeting U.S. citizens abroad.He later added, “If a president has to look over his shoulder or her shoulder every time he or she has to make a controversial decision and wonder if ‘after I leave office, am I going to jail for this when my political opponents take power?’ that inevitably dampens the ability of the president.”But the judges were skeptical about those arguments. Judges Henderson and Florence Pan noted the lawyer who represented Trump during his 2021 impeachment trial suggested that he could later face criminal prosecution, telling senators at the time: “We have a judicial process in this country. We have an investigative process in this country to which no former office holder is immune.”“It seems that many senators relied on that in voting to acquit” Trump, Pan told Sauer.Judge J. Michelle Childs also questioned why former President Richard Nixon would&nbsp;<a href="https://apnews.com/article/rafael-nadal-today-in-history-covid-health-texas-6453a85999b1728c1fac461186b10774" target="_blank">need to be granted a pardon</a>&nbsp;in 1974 after the Watergate scandal if former presidents enjoy immunity from prosecution. Sauer replied that in Nixon’s case, the conduct did not involve the same kind of “official acts” Trump’s lawyers argue form the basis of his indictment.Aside from the merits of the immunity claim, the judges jumped right into questioning Trump’s lawyer over whether the court has jurisdiction to hear the appeal at this time. Sauer said presidential immunity is clearly a claim that is meant to be reviewed before trial. Smith’s team also said that it wants the court to decide the appeal now.Smith’s team maintains that presidents are not entitled to absolute immunity and that, in any event, the acts Trump is alleged in the indictment to have taken — including&nbsp;<a href="https://apnews.com/article/capitol-siege-joe-biden-presidential-elections-election-2020-electoral-college-311f88768b65f7196f52a4757dc162e4" target="_blank">scheming to enlist fake electors</a>&nbsp;in battleground states won by Biden and&nbsp;<a href="https://apnews.com/article/pence-jan-6-trump-indictment-ab36fd360a0850562a07d1b404f15d69" target="_blank">pressing his vice president</a>, Mike Pence, to reject the counting of electoral votes on Jan. 6, 2021 — fall outside a president’s official job duties.“The president has a unique constitutional role but he is not above the law. Separation of powers principles, constitutional text, history, precedent and immunity doctrines all point to the conclusion that a former president enjoys no immunity from prosecution,” prosecutor James Pearce said, adding that a case in which a former president is alleged to have sought to overturn an election “is not the place to recognize some novel form of immunity.”When Judge Henderson asked how the court could write its opinion in a way that wouldn’t open the “floodgates” of investigations against ex-presidents, Pearce said he did not anticipate “a sea change of vindictive tit-for-tat prosecutions in the future.” He called the allegations against Trump fundamentally unprecedented.“Never before has there been allegations that a sitting president has, with private individuals and using the levers of power, sought to fundamentally subvert the democratic republic and the electoral system,” he said. “And frankly, if that kind of fact pattern arises again, I think it would be awfully scary if there weren’t some sort of mechanism by which to reach that criminally.”It’s not clear how quickly the panel from the U.S. Circuit Court of Appeals from the D.C. Circuit will rule, though it has signaled that it intends to work quickly.U.S. District Judge Tanya Chutkan rejected the immunity arguments,&nbsp;<a href="https://apnews.com/article/trump-capitol-riot-immunity-donald-trump-a98872759762c95fa925ff831df27388" target="_blank">ruling last month that the office of the presidency does not confer a “‘get-out-of-jail-free’” pass.</a>&nbsp;Trump’s lawyers appealed that decision, but Smith’s team, determined to keep the case on schedule, sought to leapfrog the appeals court by asking the Supreme Court to fast-track the immunity question. The justices declined to get involved.The appeal is vital to a Trump strategy of trying to postpone the case until after the November election, when a victory could empower him to order the Justice Department to abandon the prosecution or even to seek a pardon for himself. He faces three other criminal cases, in state and federal court, though the Washington case is scheduled for trial first.<h2>___</h2>

🎥Trump predicts bedlam and violence if he loses in court

DUBAI, United Arab Emirates (AP) — Yemen's Houthi rebels fired their largest-ever barrage of drones and missiles&nbsp;<a href="https://apnews.com/article/red-sea-shipping-houthi-attacks-drones-missiles-1acc4ca5ebcaf6fee932a2061d451f59">targeting shipping in the Red Sea</a>, forcing the United States and British navies to shoot down the projectiles in a major naval engagement, authorities said Wednesday. No damage was immediately reported.

The attack by the Iranian-backed Houthis came despite a&nbsp;<a href="https://apnews.com/article/un-yemen-houthis-shipping-red-sea-resolution-attacks-f26262fe055c8a1e39dee0c3c0d6f7f6">planned United Nations Security Council vote</a>&nbsp;later Wednesday to potentially condemn and demand an immediate halt to the attacks by the rebels, who say their assaults are&nbsp;<a href="https://apnews.com/video/israel-hamas-war-yemen-red-sea-rebellions-and-uprisings-yemen-government-35148e6fbef64ec8b6fa074d4da2551c">aimed at stopping Israel's war on Hamas</a>&nbsp;in the Gaza Strip.

However, their targets increasingly have tenuous — or no — relationship with Israel and&nbsp;<a href="https://apnews.com/article/red-sea-yemen-houthis-attack-ships-f67d941c260528ac40315ecab4c34ca3">imperil a crucial trade route</a>&nbsp;linking Asia and the Middle East to Europe. That raises the risk of a U.S. retaliatory strike on Yemen that could upend an uneasy cease-fire that's held in the Arab world's poorest country.

The assault happened off the Yemeni port cities of Hodeida and Mokha, according to the private intelligence firm Ambrey. In the Hodeida attack, Ambrey said ships described over radio seeing missiles and drones, with U.S.-allied warships in the area urging “vessels to proceed at maximum speed.”

Off Mokha, ships saw missiles fired, a drone in the air and small vessels trailing them, Ambrey said early Wednesday. The British military’s United Kingdom Marine Trade Operations also acknowledged the attack off Hodeida.

The U.S. military’s Central Command said the “complex attack” launched by the Houthis included bomb-carrying drones, anti-ship cruise missiles and one anti-ship ballistic missile.

It said 18 drones, two cruise missiles and the anti-ship missile were downed by F-18s from the USS Dwight D. Eisenhower, as well as by American Arleigh Burke-class destroyers the USS Gravely, the USS Laboon and the USS Mason, as well as the United Kingdom's HMS Diamond.

“This is the 26th Houthi attack on commercial shipping lanes in the Red Sea since Nov. 19,” Central Command said. “There were no injuries or damage reported.”

“Vessels are advised to transit with caution and report any suspicious activity," the UKTMO added.

British Defense Secretary Grant Shapps described the assault as “the largest attack by the Iranian-backed Houthis in the Red Sea to date," saying the Diamond used Sea Viper missiles and guns to shoot down multiple drones.

“The U.K. alongside allies have previously made clear that these illegal attacks are completely unacceptable and if continued the Houthis will bear the consequences," Shapps said in a statement. “We will take the action needed to protect innocent lives and the global economy.”

The Houthis, a Shiite group that's held Yemen's capital since 2014, did not formally acknowledge launching the attacks. However, the pan-Arab satellite news network Al Jazeera quoted an anonymous Houthi military official saying their forces “targeted a ship linked to Israel in the Red Sea,” without elaborating.

The Houthis say their attacks aim to end the pounding Israeli air-and-ground offensive targeting the Gaza Strip&nbsp;<a href="https://apnews.com/article/israel-hamas-war-news-01-09-2024-017066376ac06026622ee0b83dc2b65e">amid that country’s war on Hamas</a>. However, the links to the ships targeted in the rebel assaults have grown more tenuous as the attacks continue.

The Red Sea links the Mideast and Asia to Europe via the Suez Canal, and its narrow Bab el-Mandeb Strait. That strait is only 29 kilometers (18 miles) wide at its narrowest point, limiting traffic to two channels for inbound and outbound shipments, according to the U.S. Energy Information Administration. Nearly 10% of all oil traded at sea passes through it. An estimated $1 trillion in goods pass through the strait annually.

A&nbsp;<a href="https://apnews.com/article/us-un-yemen-houthis-shipping-red-sea-08d42a18873ce55979c755ea1a9cc1b5">U.S. draft resolution</a>&nbsp;before the U.N. Security Council, obtained late Tuesday by The Associated Press, says the Houthi attacks impede global commerce “and undermine navigational rights and freedoms as well as regional peace and security.” The resolution would demand the immediate release of the first ship the Houthis attacked, the Galaxy Leader, a Japanese-operated cargo ship with links to an Israeli company that it&nbsp;<a href="https://apnews.com/article/israel-houthi-rebels-hijacked-ship-red-sea-dc9b6448690bcf5c70a0baf7c7c34b09">seized in November along with its crew</a>.

An initial draft of the resolution would have recognized “the right of member states, in accordance with international law, to take appropriate measures to defend their merchant and naval vessels.”

The final draft is weaker, eliminating any U.N. recognition of a country’s right to defend its ships. Instead, it would affirm that the navigational rights and freedoms of merchant and commercial vessels must be respected, and take note “of the right of member states, in accordance with international law, to defend their vessels from attacks, including those that undermine navigational rights and freedoms.”

A U.S-led coalition of nations has been patrolling the Red Sea to try and prevent the attacks. American troops in one conflict&nbsp;<a href="https://apnews.com/article/yemen-houthis-red-sea-shipping-centcom-us-bb70acea5062a9952a5b983ecc047863">sank Houthi vessels and killed 10 rebel fighters</a>. There's been no broad retaliatory strike yet, despite warnings from the U.S. However, Tuesday's attack appeared to be testing what response, if any, would come from Washington.

Meanwhile, a separate, tentative cease-fire between the Houthis and a Saudi-led coalition fighting on behalf of Yemen’s exiled government&nbsp;<a href="https://apnews.com/article/saudi-arabia-yemen-war-peace-talks-d2a9ad9efe1ab0b4f5d51597098f46a2">has held for months despite that country’s long war</a>. That’s raised concerns that any wider conflict in the sea — or a potential reprisal strike from Western forces — could reignite those tensions in the Arab world’s poorest nation. It also may draw Iran, which so far has largely avoided directly entering the wider&nbsp;<a href="https://apnews.com/hub/israel-hamas-war">Israel-Hamas war</a>, further into the conflict.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/1/1704853180043.png" alt="USS Eisenhower (CVN 69) conducts flight operations, photo U.S. Central Command" />
 <figcaption>USS Eisenhower (CVN 69) conducts flight operations, photo U.S. Central Command</figcaption>
 </figure>DUBAI, United Arab Emirates (AP) — Yemen's Houthi rebels fired their largest-ever barrage of drones and missiles&nbsp;<a href="https://apnews.com/article/red-sea-shipping-houthi-attacks-drones-missiles-1acc4ca5ebcaf6fee932a2061d451f59">targeting shipping in the Red Sea</a>, forcing the United States and British navies to shoot down the projectiles in a major naval engagement, authorities said Wednesday. No damage was immediately reported.The attack by the Iranian-backed Houthis came despite a&nbsp;<a href="https://apnews.com/article/un-yemen-houthis-shipping-red-sea-resolution-attacks-f26262fe055c8a1e39dee0c3c0d6f7f6">planned United Nations Security Council vote</a>&nbsp;later Wednesday to potentially condemn and demand an immediate halt to the attacks by the rebels, who say their assaults are&nbsp;<a href="https://apnews.com/video/israel-hamas-war-yemen-red-sea-rebellions-and-uprisings-yemen-government-35148e6fbef64ec8b6fa074d4da2551c">aimed at stopping Israel's war on Hamas</a>&nbsp;in the Gaza Strip.However, their targets increasingly have tenuous — or no — relationship with Israel and&nbsp;<a href="https://apnews.com/article/red-sea-yemen-houthis-attack-ships-f67d941c260528ac40315ecab4c34ca3">imperil a crucial trade route</a>&nbsp;linking Asia and the Middle East to Europe. That raises the risk of a U.S. retaliatory strike on Yemen that could upend an uneasy cease-fire that's held in the Arab world's poorest country.The assault happened off the Yemeni port cities of Hodeida and Mokha, according to the private intelligence firm Ambrey. In the Hodeida attack, Ambrey said ships described over radio seeing missiles and drones, with U.S.-allied warships in the area urging “vessels to proceed at maximum speed.”Off Mokha, ships saw missiles fired, a drone in the air and small vessels trailing them, Ambrey said early Wednesday. The British military’s United Kingdom Marine Trade Operations also acknowledged the attack off Hodeida.The U.S. military’s Central Command said the “complex attack” launched by the Houthis included bomb-carrying drones, anti-ship cruise missiles and one anti-ship ballistic missile.It said 18 drones, two cruise missiles and the anti-ship missile were downed by F-18s from the USS Dwight D. Eisenhower, as well as by American Arleigh Burke-class destroyers the USS Gravely, the USS Laboon and the USS Mason, as well as the United Kingdom's HMS Diamond.“This is the 26th Houthi attack on commercial shipping lanes in the Red Sea since Nov. 19,” Central Command said. “There were no injuries or damage reported.”“Vessels are advised to transit with caution and report any suspicious activity," the UKTMO added.British Defense Secretary Grant Shapps described the assault as “the largest attack by the Iranian-backed Houthis in the Red Sea to date," saying the Diamond used Sea Viper missiles and guns to shoot down multiple drones.“The U.K. alongside allies have previously made clear that these illegal attacks are completely unacceptable and if continued the Houthis will bear the consequences," Shapps said in a statement. “We will take the action needed to protect innocent lives and the global economy.”The Houthis, a Shiite group that's held Yemen's capital since 2014, did not formally acknowledge launching the attacks. However, the pan-Arab satellite news network Al Jazeera quoted an anonymous Houthi military official saying their forces “targeted a ship linked to Israel in the Red Sea,” without elaborating.The Houthis say their attacks aim to end the pounding Israeli air-and-ground offensive targeting the Gaza Strip&nbsp;<a href="https://apnews.com/article/israel-hamas-war-news-01-09-2024-017066376ac06026622ee0b83dc2b65e">amid that country’s war on Hamas</a>. However, the links to the ships targeted in the rebel assaults have grown more tenuous as the attacks continue.The Red Sea links the Mideast and Asia to Europe via the Suez Canal, and its narrow Bab el-Mandeb Strait. That strait is only 29 kilometers (18 miles) wide at its narrowest point, limiting traffic to two channels for inbound and outbound shipments, according to the U.S. Energy Information Administration. Nearly 10% of all oil traded at sea passes through it. An estimated $1 trillion in goods pass through the strait annually.A&nbsp;<a href="https://apnews.com/article/us-un-yemen-houthis-shipping-red-sea-08d42a18873ce55979c755ea1a9cc1b5">U.S. draft resolution</a>&nbsp;before the U.N. Security Council, obtained late Tuesday by The Associated Press, says the Houthi attacks impede global commerce “and undermine navigational rights and freedoms as well as regional peace and security.” The resolution would demand the immediate release of the first ship the Houthis attacked, the Galaxy Leader, a Japanese-operated cargo ship with links to an Israeli company that it&nbsp;<a href="https://apnews.com/article/israel-houthi-rebels-hijacked-ship-red-sea-dc9b6448690bcf5c70a0baf7c7c34b09">seized in November along with its crew</a>.An initial draft of the resolution would have recognized “the right of member states, in accordance with international law, to take appropriate measures to defend their merchant and naval vessels.”The final draft is weaker, eliminating any U.N. recognition of a country’s right to defend its ships. Instead, it would affirm that the navigational rights and freedoms of merchant and commercial vessels must be respected, and take note “of the right of member states, in accordance with international law, to defend their vessels from attacks, including those that undermine navigational rights and freedoms.”A U.S-led coalition of nations has been patrolling the Red Sea to try and prevent the attacks. American troops in one conflict&nbsp;<a href="https://apnews.com/article/yemen-houthis-red-sea-shipping-centcom-us-bb70acea5062a9952a5b983ecc047863">sank Houthi vessels and killed 10 rebel fighters</a>. There's been no broad retaliatory strike yet, despite warnings from the U.S. However, Tuesday's attack appeared to be testing what response, if any, would come from Washington.Meanwhile, a separate, tentative cease-fire between the Houthis and a Saudi-led coalition fighting on behalf of Yemen’s exiled government&nbsp;<a href="https://apnews.com/article/saudi-arabia-yemen-war-peace-talks-d2a9ad9efe1ab0b4f5d51597098f46a2">has held for months despite that country’s long war</a>. That’s raised concerns that any wider conflict in the sea — or a potential reprisal strike from Western forces — could reignite those tensions in the Arab world’s poorest nation. It also may draw Iran, which so far has largely avoided directly entering the wider&nbsp;<a href="https://apnews.com/hub/israel-hamas-war">Israel-Hamas war</a>, further into the conflict.

U.S. Navy: Terrorists launch largest Red Sea drone, missile attack

Lincoln, January 9, 2024- The Nebraska Public Service Commission (PSC) re-elected&nbsp;<a href="https://psc.nebraska.gov/administration/dan-watermeier" target="_blank">District 1Commissioner Dan Watermeier</a>&nbsp;of Syracuse as Chair for 2024. Commissioner Watermeier wasselected during the Commission’s January 9, meeting in Lincoln.

Watermeier was elected to the Commission in 2018, for a six-year term. He represents eightcounties in Southeast Nebraska.

<a href="https://psc.nebraska.gov/administration/eric-kamler" target="_blank">Fourth District Commissioner Eric Kamler</a>&nbsp;of Geneva was elected Vice-Chair. Kamler waselected in 2022 for a six-year term. The fourth district encompasses 31 counties and includes allof northeast Nebraska stretching the length of the entire state vertically north &amp; south.

The Commission leadership positions are elected on an annual basis.

Lincoln, January 9, 2024- The Nebraska Public Service Commission (PSC) re-elected&nbsp;<a href="https://psc.nebraska.gov/administration/dan-watermeier" target="_blank">District 1Commissioner Dan Watermeier</a>&nbsp;of Syracuse as Chair for 2024. Commissioner Watermeier wasselected during the Commission’s January 9, meeting in Lincoln.Watermeier was elected to the Commission in 2018, for a six-year term. He represents eightcounties in Southeast Nebraska.<a href="https://psc.nebraska.gov/administration/eric-kamler" target="_blank">Fourth District Commissioner Eric Kamler</a>&nbsp;of Geneva was elected Vice-Chair. Kamler waselected in 2022 for a six-year term. The fourth district encompasses 31 counties and includes allof northeast Nebraska stretching the length of the entire state vertically north &amp; south.The Commission leadership positions are elected on an annual basis.

 Nebraska Public Service Commission Selects Leadership Positions For 2024

DES MOINES, Iowa (AP) A sprawling winter storm hit the South with strong thunderstorms and tornado warnings that blew roofs off homes and tossed about furniture Tuesday and brought cities across the Midwest to a standstill with more than half a foot of snow, stranding people on highways.

The violent storm with 55 mph (88 kph) winds and hail moved through the Florida Panhandle and into parts of Alabama and Georgia by sunrise Tuesday, along with at least several reports of radar-confirmed tornadoes, the National Weather Service said. A wind gust of 106 mph (171 kph) was recorded before dawn near the coast in Walton County, Florida.

“We still have potentially strong storms in that area through (Tuesday) morning and the potential for more severe weather and tornadoes,” meteorologist Lance Franck in Tallahassee said.

A section of Panama City Beach, Florida,&nbsp;<a href="https://www.facebook.com/watch/live/?ref=watch_permalink&amp;v=2110670112604547">showed parts of roofs blown away</a>, furniture, fences and debris strewn about and a house that appeared tilted on side, leaning on another home, WJHG-TV reported.

In Panama City, about 10 miles (16 kilometers) away, police early Tuesday asked residents to stay indoors and off the roads “unless absolutely necessary” as officers checked on damage from the storms, including downed power lines and trees.

The city is in Bay County, where there had been multiple reports of tornadoes on the ground, Sheriff Tommy Ford said in a brief Facebook Live post.

“We've rescued people out of structures,” he said.

The department urged people to stay home, posting photos of crumpled structures and debris and a message that those who have taken to the roads to see it are "making it very difficult for first responders who are rushing to help people who may be trapped in damaged homes and injured.”

The Walton County sheriff's department in the Florida Panhandle posted photos of power lines draped across a road, damage to a gas station and large pieces of building materials littering the area.

Florida Gov. Ron DeSantis activated the Florida State Guard on Monday night to prepare for any storm-related impacts.

A number of schools were closed in the region and more than 140,000 customers were without power in Florida, Alabama, and Georgia, according to the PowerOutage.us website.

In the Midwest, where a&nbsp;<a href="https://apnews.com/article/winter-storm-weather-09d8e810fc5d80a34ef8bf008bfec7a1">snowstorm started Monday</a>, up to 12 inches (30 centimeters) of snow could blanket a broad area stretching from southeastern Colorado all the way to the Upper Peninsula of Michigan, including western Kansas, eastern Nebraska, large parts of Iowa, northern Missouri and northwestern Illinois, said Bob Oravec, a forecaster with the National Weather Service in College Park, Maryland.

From there, the storm was expected to head east, bringing a combination of snow, rain and strong winds to the Northeast by Tuesday night, as well as concerns about flooding in areas such as New England, parts of which got more than a foot of snow Sunday.

Nearly 8 inches (19 centimeters) of snow fell in the northern city of Athol, Kansas, on Monday. The weather service office in Lincoln, Nebraska, predicted an additional 3-5 inches (8-13 centimeters) was possible overnight, with winds possibly gusting as high as 40 mph (64 kph).

Whiteout conditions in central Nebraska closed a long stretch of Interstate 80, while Kansas closed Interstate 70 from the central city of Russell all the way west to the Colorado border due to dangerous travel conditions. Several vehicles slid off I-70 in the northeastern part of the state, authorities said.

In Nebraska, federal courts in Omaha and Lincoln closed Monday, and the U.S. Army Corps of Engineers increased the water flow at a Missouri River dam on the Nebraska-South Dakota border near Yankton to reduce the chance of ice jams forming. Dubuque, on Iowa’s eastern border with Illinois, closed its city offices Tuesday. Schools in Cedar Rapids in eastern Iowa were among those also closing.

The&nbsp;<a href="https://apnews.com/article/iowa-caucuses-trump-haley-desantis-8455baa629589d77ea2b11a2f289fc8a">weather has already affected campaigning</a>&nbsp;for Iowa’s Jan. 15 precinct caucuses, where the snow is expected to be followed by frigid temperatures that could drift below zero degrees (minus 18 Celsius).

It forced former President Donald Trump’s campaign to cancel multiple appearances by Arkansas Gov. Sarah Sanders and her father, former Arkansas Gov. Mike Huckabee, who had been scheduled to court Iowa voters on Trump’s behalf Monday.

Parts of northern Missouri braced for up to a foot of snow as the system moved east. Officials in Kansas City, Missouri, said City Hall would be closed Tuesday and municipal courts would operate remotely.

Madison, Wisconsin, was under a winter storm warning until early Wednesday, with as much as 9 inches (23 centimeters) of snow and 40 mph (64 kph) winds on tap. City officials canceled garbage collection to prevent residents from putting trash cans along curbs and making it difficult for snowplows to navigate.

Northwestern Illinois was also under a winter storm warning with forecasts calling for 7 to 12 inches (18 to 30 centimeters) of snow by early Wednesday. The Chicago area as well as Gary, Indiana, were under winter storm advisories, with forecasts calling for up to 6 inches (15 centimeters) of snow and wind gusts of up to 30 mph (48 kph). Snowfall rates could exceed an inch per hour Tuesday, the weather service said.

Disruptions extended as far south as the Oklahoma panhandle, where Cimmaron County emergency managers asked citizens to stay home. More than a dozen motorists were stranded there Monday afternoon, with whipping winds and blizzard conditions leading to near-zero visibility, said Lea Lavielle, the county’s emergency management director.

“At this point in time, we are advising individuals to shelter in place the best they can,” Lavielle said.

By Associated PressDES MOINES, Iowa (AP) A sprawling winter storm hit the South with strong thunderstorms and tornado warnings that blew roofs off homes and tossed about furniture Tuesday and brought cities across the Midwest to a standstill with more than half a foot of snow, stranding people on highways.The violent storm with 55 mph (88 kph) winds and hail moved through the Florida Panhandle and into parts of Alabama and Georgia by sunrise Tuesday, along with at least several reports of radar-confirmed tornadoes, the National Weather Service said. A wind gust of 106 mph (171 kph) was recorded before dawn near the coast in Walton County, Florida.“We still have potentially strong storms in that area through (Tuesday) morning and the potential for more severe weather and tornadoes,” meteorologist Lance Franck in Tallahassee said.A section of Panama City Beach, Florida,&nbsp;<a href="https://www.facebook.com/watch/live/?ref=watch_permalink&amp;v=2110670112604547">showed parts of roofs blown away</a>, furniture, fences and debris strewn about and a house that appeared tilted on side, leaning on another home, WJHG-TV reported.In Panama City, about 10 miles (16 kilometers) away, police early Tuesday asked residents to stay indoors and off the roads “unless absolutely necessary” as officers checked on damage from the storms, including downed power lines and trees.The city is in Bay County, where there had been multiple reports of tornadoes on the ground, Sheriff Tommy Ford said in a brief Facebook Live post.“We've rescued people out of structures,” he said.The department urged people to stay home, posting photos of crumpled structures and debris and a message that those who have taken to the roads to see it are "making it very difficult for first responders who are rushing to help people who may be trapped in damaged homes and injured.”The Walton County sheriff's department in the Florida Panhandle posted photos of power lines draped across a road, damage to a gas station and large pieces of building materials littering the area.Florida Gov. Ron DeSantis activated the Florida State Guard on Monday night to prepare for any storm-related impacts.A number of schools were closed in the region and more than 140,000 customers were without power in Florida, Alabama, and Georgia, according to the PowerOutage.us website.In the Midwest, where a&nbsp;<a href="https://apnews.com/article/winter-storm-weather-09d8e810fc5d80a34ef8bf008bfec7a1">snowstorm started Monday</a>, up to 12 inches (30 centimeters) of snow could blanket a broad area stretching from southeastern Colorado all the way to the Upper Peninsula of Michigan, including western Kansas, eastern Nebraska, large parts of Iowa, northern Missouri and northwestern Illinois, said Bob Oravec, a forecaster with the National Weather Service in College Park, Maryland.From there, the storm was expected to head east, bringing a combination of snow, rain and strong winds to the Northeast by Tuesday night, as well as concerns about flooding in areas such as New England, parts of which got more than a foot of snow Sunday.Nearly 8 inches (19 centimeters) of snow fell in the northern city of Athol, Kansas, on Monday. The weather service office in Lincoln, Nebraska, predicted an additional 3-5 inches (8-13 centimeters) was possible overnight, with winds possibly gusting as high as 40 mph (64 kph).Whiteout conditions in central Nebraska closed a long stretch of Interstate 80, while Kansas closed Interstate 70 from the central city of Russell all the way west to the Colorado border due to dangerous travel conditions. Several vehicles slid off I-70 in the northeastern part of the state, authorities said.In Nebraska, federal courts in Omaha and Lincoln closed Monday, and the U.S. Army Corps of Engineers increased the water flow at a Missouri River dam on the Nebraska-South Dakota border near Yankton to reduce the chance of ice jams forming. Dubuque, on Iowa’s eastern border with Illinois, closed its city offices Tuesday. Schools in Cedar Rapids in eastern Iowa were among those also closing.The&nbsp;<a href="https://apnews.com/article/iowa-caucuses-trump-haley-desantis-8455baa629589d77ea2b11a2f289fc8a">weather has already affected campaigning</a>&nbsp;for Iowa’s Jan. 15 precinct caucuses, where the snow is expected to be followed by frigid temperatures that could drift below zero degrees (minus 18 Celsius).It forced former President Donald Trump’s campaign to cancel multiple appearances by Arkansas Gov. Sarah Sanders and her father, former Arkansas Gov. Mike Huckabee, who had been scheduled to court Iowa voters on Trump’s behalf Monday.Parts of northern Missouri braced for up to a foot of snow as the system moved east. Officials in Kansas City, Missouri, said City Hall would be closed Tuesday and municipal courts would operate remotely.Madison, Wisconsin, was under a winter storm warning until early Wednesday, with as much as 9 inches (23 centimeters) of snow and 40 mph (64 kph) winds on tap. City officials canceled garbage collection to prevent residents from putting trash cans along curbs and making it difficult for snowplows to navigate.Northwestern Illinois was also under a winter storm warning with forecasts calling for 7 to 12 inches (18 to 30 centimeters) of snow by early Wednesday. The Chicago area as well as Gary, Indiana, were under winter storm advisories, with forecasts calling for up to 6 inches (15 centimeters) of snow and wind gusts of up to 30 mph (48 kph). Snowfall rates could exceed an inch per hour Tuesday, the weather service said.Disruptions extended as far south as the Oklahoma panhandle, where Cimmaron County emergency managers asked citizens to stay home. More than a dozen motorists were stranded there Monday afternoon, with whipping winds and blizzard conditions leading to near-zero visibility, said Lea Lavielle, the county’s emergency management director.“At this point in time, we are advising individuals to shelter in place the best they can,” Lavielle said.

Sprawling storm wallops US with tornado reports, damage and heavy snow, closing roads and schools

WASHINGTON (AP) — Defense Secretary Lloyd Austin has prostate cancer and his recent secretive hospitalization was for surgery and later to treat a urinary tract infection related to that operation, doctors said Tuesday.

The 70-year-old Austin was admitted to Walter Reed National Military Medical Center on Dec. 22 and underwent surgery to treat the cancer. Austin developed the infection a week later. Senior administration and defense officials were not told for days about his hospitalization or his cancer.

According to the doctors, the cancer was detected when Austin had a regular screening in early December. The said he “underwent a minimally invasive surgical procedure” and went home the next day. But on Jan. 1 he reported nausea and severe abdominal, hip and leg pain due to the infection.

They said his prostate cancer was detected early, and his prognosis is excellent.

The announcement of the cancer came after days of questions about why Austin had been hospitalized and why President Joe Biden and other top officials hadn’t been told about his hospitalization for days. Several Republican lawmakers even said Austin should be ousted.

Earlier Tuesday, with the controversy continuing, the White House chief of staff ordered Cabinet members or secretaries to notify his office if they ever can't perform their duties. Meanwhile, the Biden administration, reeling from learning of Austin's surprise illness last week, is mounting a policy review.

<a href="https://apnews.com/article/biden-chief-of-staff-jeff-zients-7a5b7ee6af9942ed9ca01d012c046821">Jeff Zients</a>, in&nbsp;<a href="https://www.documentcloud.org/documents/24355772-cabinet-heads-memo">a memo to Cabinet secretaries</a>, directed that they send the White House any existing procedures for delegating authority in the event of incapacitation or loss of communication by Friday. While the review is ongoing, he is requiring agencies to notify his office and the office of Cabinet affairs at the White House if an agency experiences or plans to experience a circumstance in which a Cabinet head can't perform his or her duties.

Biden and other top officials weren’t informed for days that Austin&nbsp;<a href="https://apnews.com/article/defense-secretary-lloyd-austin-hospitalized-biden-859cc79631d6c96dbdff161faf8e4f96">had been hospitalized</a>&nbsp;and had turned over power to his deputy. A Pentagon spokesman blamed the lapse on a key staffer being out sick with the flu.

“Agencies should ensure that delegations are issued when a Cabinet Member is traveling to areas with limited or no access to communication, undergoing hospitalization or a medical procedure requiring general anesthesia, or otherwise in a circumstance when he or she may be unreachable,” Zients' memo states. It also requires that agencies document when any such transfer of authorities occurs and that the person serving in the acting role promptly establish contact with relevant White House staff.

A copy of the memo was obtained by the Associated Press.

<a href="https://apnews.com/hub/lloyd-austin">Austin</a>, 70, went to the hospital on Dec. 22 for what the Pentagon press secretary called an “elective procedure” but one serious enough that Austin temporarily transferred some of his authorities to his deputy, without telling her or other U.S. leaders why. He went home the following day.

He also transferred some of his authorities to Deputy Defense Secretary Kathleen Hicks after experiencing severe pain and being taken back to Walter Reed National Military Medical Center by ambulance and put into intensive care on Jan. 1 — though Hicks was not told the reason for three days. The White House was not informed Austin was in the hospital until Jan. 4, and the public and Congress didn't learn of it until a day later.

<a href="https://apnews.com/article/defense-secretary-lloyd-austin-hospitalized-biden-859cc79631d6c96dbdff161faf8e4f96">The Pentagon</a>&nbsp;has announced its own&nbsp;<a href="https://apnews.com/article/joe-biden-white-house-pentagon-lloyd-austin-8e888aaed905e2327501a237139c6f0e">internal review</a>&nbsp;and in a memo issued Monday broadened the circle of leaders who would be informed of any delegation of authorities by the defense secretary to ensure that, in the future, “proper and timely notification has been made to the President and White House and, as appropriate, the United States Congress and the American public.”

Going forward, any time authority is transferred a wider swath of officials will also be notified, to include the Pentagon’s general counsel, the chair and vice chair of the Joint Chiefs of Staff, the Combatant Commanders, service secretaries, the service chiefs of staff, the White House Situation Room, and the senior staff of the secretary and deputy secretary of defense.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/1/1704767147747.png" alt="Secretary of Defense Lloyd J. Austin III visits the USS Gerald R. Ford underway in the Eastern Mediterranean, Dec. 20, 2023.&nbsp;Photo By:Chad J. McNeeley, DOD" />
 <figcaption>Secretary of Defense Lloyd J. Austin III visits the USS Gerald R. Ford underway in the Eastern Mediterranean, Dec. 20, 2023.&nbsp;Photo By:Chad J. McNeeley, DOD</figcaption>
 </figure>WASHINGTON (AP) — Defense Secretary Lloyd Austin has prostate cancer and his recent secretive hospitalization was for surgery and later to treat a urinary tract infection related to that operation, doctors said Tuesday.The 70-year-old Austin was admitted to Walter Reed National Military Medical Center on Dec. 22 and underwent surgery to treat the cancer. Austin developed the infection a week later. Senior administration and defense officials were not told for days about his hospitalization or his cancer.According to the doctors, the cancer was detected when Austin had a regular screening in early December. The said he “underwent a minimally invasive surgical procedure” and went home the next day. But on Jan. 1 he reported nausea and severe abdominal, hip and leg pain due to the infection.They said his prostate cancer was detected early, and his prognosis is excellent.The announcement of the cancer came after days of questions about why Austin had been hospitalized and why President Joe Biden and other top officials hadn’t been told about his hospitalization for days. Several Republican lawmakers even said Austin should be ousted.<figure>
 <img src="https://media.eaglewebservices.com/public/2024/1/1704830461952.png" alt="" />
 <figcaption></figcaption>
 </figure><figure>
 <img src="https://media.eaglewebservices.com/public/2024/1/1704830489585.png" alt="" />
 <figcaption></figcaption>
 </figure>Earlier Tuesday, with the controversy continuing, the White House chief of staff ordered Cabinet members or secretaries to notify his office if they ever can't perform their duties. Meanwhile, the Biden administration, reeling from learning of Austin's surprise illness last week, is mounting a policy review.<a href="https://apnews.com/article/biden-chief-of-staff-jeff-zients-7a5b7ee6af9942ed9ca01d012c046821">Jeff Zients</a>, in&nbsp;<a href="https://www.documentcloud.org/documents/24355772-cabinet-heads-memo">a memo to Cabinet secretaries</a>, directed that they send the White House any existing procedures for delegating authority in the event of incapacitation or loss of communication by Friday. While the review is ongoing, he is requiring agencies to notify his office and the office of Cabinet affairs at the White House if an agency experiences or plans to experience a circumstance in which a Cabinet head can't perform his or her duties.Biden and other top officials weren’t informed for days that Austin&nbsp;<a href="https://apnews.com/article/defense-secretary-lloyd-austin-hospitalized-biden-859cc79631d6c96dbdff161faf8e4f96">had been hospitalized</a>&nbsp;and had turned over power to his deputy. A Pentagon spokesman blamed the lapse on a key staffer being out sick with the flu.“Agencies should ensure that delegations are issued when a Cabinet Member is traveling to areas with limited or no access to communication, undergoing hospitalization or a medical procedure requiring general anesthesia, or otherwise in a circumstance when he or she may be unreachable,” Zients' memo states. It also requires that agencies document when any such transfer of authorities occurs and that the person serving in the acting role promptly establish contact with relevant White House staff.A copy of the memo was obtained by the Associated Press.<a href="https://apnews.com/hub/lloyd-austin">Austin</a>, 70, went to the hospital on Dec. 22 for what the Pentagon press secretary called an “elective procedure” but one serious enough that Austin temporarily transferred some of his authorities to his deputy, without telling her or other U.S. leaders why. He went home the following day.He also transferred some of his authorities to Deputy Defense Secretary Kathleen Hicks after experiencing severe pain and being taken back to Walter Reed National Military Medical Center by ambulance and put into intensive care on Jan. 1 — though Hicks was not told the reason for three days. The White House was not informed Austin was in the hospital until Jan. 4, and the public and Congress didn't learn of it until a day later.<a href="https://apnews.com/article/defense-secretary-lloyd-austin-hospitalized-biden-859cc79631d6c96dbdff161faf8e4f96">The Pentagon</a>&nbsp;has announced its own&nbsp;<a href="https://apnews.com/article/joe-biden-white-house-pentagon-lloyd-austin-8e888aaed905e2327501a237139c6f0e">internal review</a>&nbsp;and in a memo issued Monday broadened the circle of leaders who would be informed of any delegation of authorities by the defense secretary to ensure that, in the future, “proper and timely notification has been made to the President and White House and, as appropriate, the United States Congress and the American public.”Going forward, any time authority is transferred a wider swath of officials will also be notified, to include the Pentagon’s general counsel, the chair and vice chair of the Joint Chiefs of Staff, the Combatant Commanders, service secretaries, the service chiefs of staff, the White House Situation Room, and the senior staff of the secretary and deputy secretary of defense.

Hospital debacle: Defense Secretary treated for prostate cancer

LINCOLN, NEB. – “We greatly appreciate Governor Pillen’s leadership and efforts to reduce the property tax burden on Nebraskans. Achieving meaningful tax reform to lower property taxes requires difficult conversations. To his credit, the governor has not shied away from those conversations, and we thank him. We believe we are heading in the right direction when it comes to tax reform and look forward to continuing to work with him and others to deliver meaningful property tax relief Nebraskans deserve.”

The Nebraska Farm Bureau is a grassroots, state-wide organization dedicated to supporting farm and ranch families and working for the benefit of all Nebraskans through a wide variety of educational, service, and advocacy efforts. More than 55,000 families across Nebraska are Farm Bureau members, working together to achieve rural and urban prosperity as agriculture is a key fuel to Nebraska’s economy. For more information about Nebraska Farm Bureau and agriculture, visit&nbsp;<a href="http://www.nefb.org/" target="_blank">www.nefb.org</a>.

Nebraska Farm BureauLINCOLN, NEB. – “We greatly appreciate Governor Pillen’s leadership and efforts to reduce the property tax burden on Nebraskans. Achieving meaningful tax reform to lower property taxes requires difficult conversations. To his credit, the governor has not shied away from those conversations, and we thank him. We believe we are heading in the right direction when it comes to tax reform and look forward to continuing to work with him and others to deliver meaningful property tax relief Nebraskans deserve.”The Nebraska Farm Bureau is a grassroots, state-wide organization dedicated to supporting farm and ranch families and working for the benefit of all Nebraskans through a wide variety of educational, service, and advocacy efforts. More than 55,000 families across Nebraska are Farm Bureau members, working together to achieve rural and urban prosperity as agriculture is a key fuel to Nebraska’s economy. For more information about Nebraska Farm Bureau and agriculture, visit&nbsp;<a href="http://www.nefb.org/" target="_blank">www.nefb.org</a>.

Statement by Mark McHargue, President, Regarding Governor’s Call for Property Tax Reform   

<a href="https://nebraskaexaminer.com/2024/01/08/senators-seek-to-eliminate-tenure-for-college-professors-do-away-with-state-inheritance-tax/">Nebraska Examiner</a>

Editor’s note: this story has been updated to include comments from the University of Nebraska.

LINCOLN — Bills to eliminate tenure protection for university professors in an effort to halt “indoctrination (of) leftist ideology,” and one to do away with Nebraska’s inheritance tax were among 37 proposals introduced during a snowy Monday at the State Capitol.

State Sen. Loren Lippincott of Central City, who introduced the tenure bill, said in an email that “higher education lacks a serious degree of accountability” because of tenure, which grants protection to professors after proving their competence, from being fired for disagreements with administrators or for controversial scholarly opinions.

Meanwhile, a spokeswoman for the University of Nebraska system hinted that eliminating tenure could threaten recruitment and retention of faculty.

Lippincott said the tenure system protects “poorly performing professors” and those who “allow their students no wiggle room for disagreements with their espoused dogma.”

The senator wrote that “woke ideology” is being pushed at the University of Nebraska campuses.

” … As tax-paying citizens, we have a right to expect that our tax dollars will be used to educate and edify our students, not indoctrinate them with leftist ideology,” Lippincott said in an email.

His Legislative Bill 1064 has 11 co-sponsors.

The bill calls for tenure to replaced by “employee agreements” at state universities and colleges that require annual performance reviews, “minimum standards of good practice” and “procedures for dismissal for cause, program discontinuance, and financial exigency.”

Melissa Lee, a spokeswoman for the NU system, said officials there are reviewing Lippincott’s proposal.

“Our plans for the University of Nebraska to grow and compete will require us to hold all our faculty and staff to high levels of performance and accountability,” Lee said.

One University of Nebraska-Lincoln professor tweeted that there were so many problems with Lippincott’s proposal “that I hardly know where to begin.”

“Lippincott told a reporter that he wants to destroy tenure because he wants to punish professors for expressing opinions he doesn’t hold. Which is precisely why tenure and academic freedom exist,” wrote Ari Kohen, a UNL political science professor.

Bills to end or restrict tenure were introduced last year in Texas, North Dakota, Florida and Iowa. The&nbsp;<a target="_blank" href="https://iowacapitaldispatch.com/2023/01/24/tenure-ban-doesnt-advance-but-gop-paying-attention-to-campus-free-speech/">proposal stalled in the Iowa</a>&nbsp;legislature.

Elmwood Sen. Rob Clements would eliminate the state’s inheritance tax by 2028 via his LB 1067, which has 24 co-sponsors.

Nebraska is one of only five states that levy such a “death tax,” and eliminating it has become a prime target for tax cutters over the years and again in 2024.

Clements said the inheritance tax amounts to a “double tax,” since property taxes are already paid on land and residence. It encourages retirees to move out of Nebraska, he said, so their descendants don’t have to pay the tax.

He said that he knows of tax preparers who advise seniors nearing death to move out of the state.

Right now, immediate relatives, such as a parent, sibling or child, pay a 1% inheritance tax on property they receive in excess of $100,000. But the tax rate climbs to up to 15% for the most remote relatives, and less is exempt.

Nebraska counties have consistently defended the inheritance tax as a way to finance one-time capital improvement projects — such as bridges — and argue that if it goes away, a much more objectionable tax — property tax — will rise.

Another aspect of Clements’ proposal would have the state reimburse counties $35 a day for any state prisoners held at a county jail, unless the state is short of funds.

LB 1067 would allocate $3.9 million a year for the State Prisoner Reimbursement Act.

Fremont Sen. Lynne Walz introduced two bills Monday to help address the state’s teacher shortage.

LB 1052 would allow teachers at public and private schools to obtain up to $300 per year in reimbursement for purchases of classroom supplies.

Walz, a former teacher, said it would be welcome help, especially for new teachers, who have to buy many of their own classroom supplies.

Another proposal, LB 1053, would give veteran teachers a bonus if they stay on a few more years.

The bill would provide up to five “extended-career retention grants” of $2,500 a year for such teachers who decline to retire.

Walz said part of Nebraska’s teacher shortage is because of the exodus of experienced teachers from the profession.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/1/1704814390273.jpeg" alt=" The University of Nebraska’s Varner Hall is where the NU Board of Regents meets and where the NU president has an office. (Aaron Sanderford/Nebraska Examiner)" />
 <figcaption> The University of Nebraska’s Varner Hall is where the NU Board of Regents meets and where the NU president has an office. (Aaron Sanderford/Nebraska Examiner)</figcaption>
 </figure>Paul Hammel<a href="https://nebraskaexaminer.com/2024/01/08/senators-seek-to-eliminate-tenure-for-college-professors-do-away-with-state-inheritance-tax/">Nebraska Examiner</a>Editor’s note: this story has been updated to include comments from the University of Nebraska.LINCOLN — Bills to eliminate tenure protection for university professors in an effort to halt “indoctrination (of) leftist ideology,” and one to do away with Nebraska’s inheritance tax were among 37 proposals introduced during a snowy Monday at the State Capitol.State Sen. Loren Lippincott of Central City, who introduced the tenure bill, said in an email that “higher education lacks a serious degree of accountability” because of tenure, which grants protection to professors after proving their competence, from being fired for disagreements with administrators or for controversial scholarly opinions.Meanwhile, a spokeswoman for the University of Nebraska system hinted that eliminating tenure could threaten recruitment and retention of faculty.Lippincott said the tenure system protects “poorly performing professors” and those who “allow their students no wiggle room for disagreements with their espoused dogma.”<h2>‘Woke ideology’</h2>The senator wrote that “woke ideology” is being pushed at the University of Nebraska campuses.” … As tax-paying citizens, we have a right to expect that our tax dollars will be used to educate and edify our students, not indoctrinate them with leftist ideology,” Lippincott said in an email.His Legislative Bill 1064 has 11 co-sponsors.The bill calls for tenure to replaced by “employee agreements” at state universities and colleges that require annual performance reviews, “minimum standards of good practice” and “procedures for dismissal for cause, program discontinuance, and financial exigency.”Melissa Lee, a spokeswoman for the NU system, said officials there are reviewing Lippincott’s proposal.“Our plans for the University of Nebraska to grow and compete will require us to hold all our faculty and staff to high levels of performance and accountability,” Lee said.One University of Nebraska-Lincoln professor tweeted that there were so many problems with Lippincott’s proposal “that I hardly know where to begin.”“Lippincott told a reporter that he wants to destroy tenure because he wants to punish professors for expressing opinions he doesn’t hold. Which is precisely why tenure and academic freedom exist,” wrote Ari Kohen, a UNL political science professor.Bills to end or restrict tenure were introduced last year in Texas, North Dakota, Florida and Iowa. The&nbsp;<a target="_blank" href="https://iowacapitaldispatch.com/2023/01/24/tenure-ban-doesnt-advance-but-gop-paying-attention-to-campus-free-speech/">proposal stalled in the Iowa</a>&nbsp;legislature.<h2>‘Double tax’</h2>Elmwood Sen. Rob Clements would eliminate the state’s inheritance tax by 2028 via his LB 1067, which has 24 co-sponsors.Nebraska is one of only five states that levy such a “death tax,” and eliminating it has become a prime target for tax cutters over the years and again in 2024.Clements said the inheritance tax amounts to a “double tax,” since property taxes are already paid on land and residence. It encourages retirees to move out of Nebraska, he said, so their descendants don’t have to pay the tax.He said that he knows of tax preparers who advise seniors nearing death to move out of the state.Right now, immediate relatives, such as a parent, sibling or child, pay a 1% inheritance tax on property they receive in excess of $100,000. But the tax rate climbs to up to 15% for the most remote relatives, and less is exempt.Nebraska counties have consistently defended the inheritance tax as a way to finance one-time capital improvement projects — such as bridges — and argue that if it goes away, a much more objectionable tax — property tax — will rise.Another aspect of Clements’ proposal would have the state reimburse counties $35 a day for any state prisoners held at a county jail, unless the state is short of funds.LB 1067 would allocate $3.9 million a year for the State Prisoner Reimbursement Act.<h2>Incentives for teachers</h2>Fremont Sen. Lynne Walz introduced two bills Monday to help address the state’s teacher shortage.LB 1052 would allow teachers at public and private schools to obtain up to $300 per year in reimbursement for purchases of classroom supplies.Walz, a former teacher, said it would be welcome help, especially for new teachers, who have to buy many of their own classroom supplies.Another proposal, LB 1053, would give veteran teachers a bonus if they stay on a few more years.The bill would provide up to five “extended-career retention grants” of $2,500 a year for such teachers who decline to retire.Walz said part of Nebraska’s teacher shortage is because of the exodus of experienced teachers from the profession.

Senators seek to eliminate tenure for college professors, end state inheritance tax

WASHINGTON (AP) — With&nbsp;<a href="https://apnews.com/hub/donald-trump">Donald Trump</a>&nbsp;listening intently in the courtroom, federal appeals court judges in Washington expressed deep skepticism Tuesday that the former president was&nbsp;<a href="https://apnews.com/article/trump-jan-6-justice-department-special-counsel-f82dbd294cd7b963dd69f1ecdf90aded">immune from prosecution</a>&nbsp;on charges that he&nbsp;<a href="https://apnews.com/article/trump-indicted-jan-6-investigation-special-counsel-debb59bb7a4d9f93f7e2dace01feccdc">plotted to overturn the results</a>&nbsp;of the 2020 election.

The panel of three judges, two of whom were appointed by President Joe Biden, also questioned whether they had jurisdiction to consider the appeal at this point in the case, raising the prospect that Trump's appeal could be dispensed with on more procedural grounds.

During lengthy arguments, the judges repeatedly pressed Trump's lawyer to defend claims that&nbsp;<a href="https://projects.apnews.com/features/2023/trump-investigations-civil-criminal-tracker/index.html">Trump was shielded from criminal charges</a>&nbsp;for acts that he says fell within his official duties as president. That argument was&nbsp;<a href="https://apnews.com/article/trump-capitol-riot-immunity-donald-trump-a98872759762c95fa925ff831df27388">rejected last month</a>&nbsp;by the lower-court judge overseeing the case against Trump, and the appeals judges suggested through their questions that they, too, were dubious that the Founding Fathers envisioned absolute immunity for presidents after they leave office.

“I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal law," said Judge Karen LeCraft Henderson, an appointee of former President George H.W. Bush.

The outcome could carry enormous ramifications both for the landmark criminal case against Trump and for the broader, and legally untested, question of whether an ex-president can be prosecuted for actions taken in the White House. It will also likely set the stage for further appeals before the U.S. Supreme Court, which last month&nbsp;<a href="https://apnews.com/article/trump-january-6-justice-department-90b93eeb663ebaf67a2e0bc266390fa0">declined a request to weigh in</a>&nbsp;but could still get involved later.

A swift decision is crucial for&nbsp;<a href="https://apnews.com/article/jack-smith-special-counsel-prosecutor-donald-trump-garland-e1fdb71cfc258bc2be48a8b890a9269b">special counsel Jack Smith</a>&nbsp;and his team, who are eager to get the case —&nbsp;<a href="https://apnews.com/article/trump-justice-department-january-6-appeal-20726ba42ac87cd2f3a3ffc6a2145490">now paused pending the appeal</a>&nbsp;— to trial before the November election. But Trump’s lawyers, in addition to seeking to get the case dismissed, are hoping to benefit from a protracted appeals process that could delay the trial well past its scheduled&nbsp;<a href="https://apnews.com/article/trump-jan-6-justice-department-indictment-1a5ae1a0ea35492e1e347e28867a7d3f">March 4 start date</a>, including until potentially after the election.

Underscoring the importance to both sides, Trump, the 2024 Republican presidential primary front-runner, attended Tuesday’s arguments even though the Iowa caucuses are just one week away and despite the fact that there’s no requirement that defendants appear in person for such proceedings. Making his first court appearance in Washington&nbsp;<a href="https://apnews.com/article/trump-indicted-jan-6-investigation-special-counsel-a79f2d3683c7591058635c9b3d870070">since his arraignment in August</a>, Trump sat at the defense table, watching closely and occasionally taking notes and speaking with his lawyers.

“To authorize the prosecution of a president for official acts would open a Pandora’s box from which this nation may never recover,” said D. John Sauer, a lawyer for Trump, asserting that, under the government's theory, presidents could be prosecuted for giving Congress “false information” to enter war or for authorizing drone strikes targeting U.S. citizens abroad.

Judge J. Michelle Childs also questioned why former President Richard Nixon would&nbsp;<a href="https://apnews.com/article/rafael-nadal-today-in-history-covid-health-texas-6453a85999b1728c1fac461186b10774">need to be granted a pardon</a>&nbsp;in 1974 after the Watergate scandal if former presidents enjoy immunity from prosecution. Sauer replied that in Nixon's case, the conduct did not involve the same kind of “official acts” Trump's lawyers argue form the basis of his indictment.

Aside from the merits of the immunity claim, the judges jumped right into questioning Trump’s lawyer over whether the court has jurisdiction to hear the appeal at this time. Sauer said presidential immunity is clearly a claim that is meant to be reviewed before trial. Smith's team also said that it wants the court to decide the appeal now.

Smith's team maintains that presidents are not entitled to absolute immunity and that, in any event, the acts Trump is alleged in the indictment to have taken — including&nbsp;<a href="https://apnews.com/article/capitol-siege-joe-biden-presidential-elections-election-2020-electoral-college-311f88768b65f7196f52a4757dc162e4">scheming to enlist fake electors</a>&nbsp;in battleground states won by Biden and&nbsp;<a href="https://apnews.com/article/pence-jan-6-trump-indictment-ab36fd360a0850562a07d1b404f15d69">pressing his vice president</a>, Mike Pence, to reject the counting of electoral votes on Jan. 6, 2021 — fall outside a president's official job duties.

When Judge Henderson asked how the court could write its opinion in a way that wouldn't open the “floodgates” of investigations against ex-presidents, Pearce said he did not anticipate “a sea change of vindictive tit-for-tat prosecutions in the future.” He called the allegations against Trump fundamentally unprecedented.

“Never before has there been allegations that a sitting president has, with private individuals and using the levers of power, sought to fundamentally subvert the democratic republic and the electoral system," he said. "And frankly, if that kind of fact pattern arises again, I think it would be awfully scary if there weren’t some sort of mechanism by which to reach that criminally.”

It's not clear how quickly the panel from the U.S. Circuit Court of Appeals from the D.C. Circuit will rule, though it has signaled that it intends to work quickly.

U.S. District Judge Tanya Chutkan rejected the immunity arguments,&nbsp;<a href="https://apnews.com/article/trump-capitol-riot-immunity-donald-trump-a98872759762c95fa925ff831df27388">ruling last month that the office of the presidency does not confer a “‘get-out-of-jail-free'" pass.</a>&nbsp;Trump's lawyers appealed that decision, but Smith's team, determined to keep the case on schedule, sought to leapfrog the appeals court by asking the Supreme Court to fast-track the immunity question. The justices declined to get involved.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/10/1696279389839.png" alt="Trump file photo CSPAN" />
 <figcaption>Trump file photo CSPAN</figcaption>
 </figure>WASHINGTON (AP) — With&nbsp;<a href="https://apnews.com/hub/donald-trump">Donald Trump</a>&nbsp;listening intently in the courtroom, federal appeals court judges in Washington expressed deep skepticism Tuesday that the former president was&nbsp;<a href="https://apnews.com/article/trump-jan-6-justice-department-special-counsel-f82dbd294cd7b963dd69f1ecdf90aded">immune from prosecution</a>&nbsp;on charges that he&nbsp;<a href="https://apnews.com/article/trump-indicted-jan-6-investigation-special-counsel-debb59bb7a4d9f93f7e2dace01feccdc">plotted to overturn the results</a>&nbsp;of the 2020 election.<div><blockquote class="twitter-tweet">LIVE --&gt; DC Circuit Court of Appeals Oral Argument on Former President Trump&#39;s Immunity Claims <a href="https://t.co/WN1Lrb7C9h">https://t.co/WN1Lrb7C9h</a>&mdash; CSPAN (@cspan) <a href="https://twitter.com/cspan/status/1744728784652402768?ref_src=twsrc%5Etfw">January 9, 2024</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>The panel of three judges, two of whom were appointed by President Joe Biden, also questioned whether they had jurisdiction to consider the appeal at this point in the case, raising the prospect that Trump's appeal could be dispensed with on more procedural grounds.During lengthy arguments, the judges repeatedly pressed Trump's lawyer to defend claims that&nbsp;<a href="https://projects.apnews.com/features/2023/trump-investigations-civil-criminal-tracker/index.html">Trump was shielded from criminal charges</a>&nbsp;for acts that he says fell within his official duties as president. That argument was&nbsp;<a href="https://apnews.com/article/trump-capitol-riot-immunity-donald-trump-a98872759762c95fa925ff831df27388">rejected last month</a>&nbsp;by the lower-court judge overseeing the case against Trump, and the appeals judges suggested through their questions that they, too, were dubious that the Founding Fathers envisioned absolute immunity for presidents after they leave office.“I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal law," said Judge Karen LeCraft Henderson, an appointee of former President George H.W. Bush.<div><blockquote class="twitter-tweet">Judge Pan: Could a president who ordered SEAL Team 6 to assassinate a political rival, who was not impeached, would he be subject to a criminal prosecution? John Sauer: If he were impeached and convicted first. Pan: So, your answer is no? Sauer: My answer is qualified yes. <a href="https://t.co/cAiunKxOwl">pic.twitter.com/cAiunKxOwl</a>&mdash; CSPAN (@cspan) <a href="https://twitter.com/cspan/status/1744753750298779993?ref_src=twsrc%5Etfw">January 9, 2024</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>The outcome could carry enormous ramifications both for the landmark criminal case against Trump and for the broader, and legally untested, question of whether an ex-president can be prosecuted for actions taken in the White House. It will also likely set the stage for further appeals before the U.S. Supreme Court, which last month&nbsp;<a href="https://apnews.com/article/trump-january-6-justice-department-90b93eeb663ebaf67a2e0bc266390fa0">declined a request to weigh in</a>&nbsp;but could still get involved later.<div><blockquote class="twitter-tweet">Judge Pan: &quot;If President Trump had been convicted when he was previously impeached on same or related conduct...the government could properly prosecute him for that same or related conduct, yes or no? John Sauer, attorney for former President Donald Trump: &quot;Potentially...&quot; <a href="https://t.co/F4H8rhbdJ6">pic.twitter.com/F4H8rhbdJ6</a>&mdash; CSPAN (@cspan) <a href="https://twitter.com/cspan/status/1744753202807898461?ref_src=twsrc%5Etfw">January 9, 2024</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>A swift decision is crucial for&nbsp;<a href="https://apnews.com/article/jack-smith-special-counsel-prosecutor-donald-trump-garland-e1fdb71cfc258bc2be48a8b890a9269b">special counsel Jack Smith</a>&nbsp;and his team, who are eager to get the case —&nbsp;<a href="https://apnews.com/article/trump-justice-department-january-6-appeal-20726ba42ac87cd2f3a3ffc6a2145490">now paused pending the appeal</a>&nbsp;— to trial before the November election. But Trump’s lawyers, in addition to seeking to get the case dismissed, are hoping to benefit from a protracted appeals process that could delay the trial well past its scheduled&nbsp;<a href="https://apnews.com/article/trump-jan-6-justice-department-indictment-1a5ae1a0ea35492e1e347e28867a7d3f">March 4 start date</a>, including until potentially after the election.Underscoring the importance to both sides, Trump, the 2024 Republican presidential primary front-runner, attended Tuesday’s arguments even though the Iowa caucuses are just one week away and despite the fact that there’s no requirement that defendants appear in person for such proceedings. Making his first court appearance in Washington&nbsp;<a href="https://apnews.com/article/trump-indicted-jan-6-investigation-special-counsel-a79f2d3683c7591058635c9b3d870070">since his arraignment in August</a>, Trump sat at the defense table, watching closely and occasionally taking notes and speaking with his lawyers.His appearance and his comments afterward underscored his broader effort to portray himself as the victim of a justice system he claims is politicized. Though there’s no evidence Biden has had any influence on the case, Trump’s argument could resonate with Republican voters in Iowa as they prepare to launch the presidential nomination process.After the hearing, Trump spoke to reporters at The Waldorf-Astoria hotel, which used to be the Trump International Hotel, calling Tuesday “a very momentous day.” He insisted he did nothing wrong and claimed he was being prosecuted for political reasons.“A president has to have immunity,” he said.Former presidents enjoy broad immunity from lawsuits for actions taken as part of their official White House duties. But because no former president before Trump has ever been indicted, courts have never before addressed whether that protection extends to criminal prosecution.Trump’s lawyers insist that it does, arguing that courts have no authority to scrutinize a president’s official acts and that the prosecution of their client represents a dramatic departure from more than two centuries of American history that would open the door to future politically motivated cases.“To authorize the prosecution of a president for official acts would open a Pandora’s box from which this nation may never recover,” said D. John Sauer, a lawyer for Trump, asserting that, under the government's theory, presidents could be prosecuted for giving Congress “false information” to enter war or for authorizing drone strikes targeting U.S. citizens abroad.He later added, “If a president has to look over his shoulder or her shoulder every time he or she has to make a controversial decision and wonder if ‘after I leave office, am I going to jail for this when my political opponents take power?’ that inevitably dampens the ability of the president.”But the judges were skeptical about those arguments. Judges Henderson and Florence Pan noted the lawyer who represented Trump during his 2021 impeachment trial suggested that he could later face criminal prosecution, telling senators at the time: “We have a judicial process in this country. We have an investigative process in this country to which no former office holder is immune.”“It seems that many senators relied on that in voting to acquit” Trump, Pan told Sauer.Judge J. Michelle Childs also questioned why former President Richard Nixon would&nbsp;<a href="https://apnews.com/article/rafael-nadal-today-in-history-covid-health-texas-6453a85999b1728c1fac461186b10774">need to be granted a pardon</a>&nbsp;in 1974 after the Watergate scandal if former presidents enjoy immunity from prosecution. Sauer replied that in Nixon's case, the conduct did not involve the same kind of “official acts” Trump's lawyers argue form the basis of his indictment.Aside from the merits of the immunity claim, the judges jumped right into questioning Trump’s lawyer over whether the court has jurisdiction to hear the appeal at this time. Sauer said presidential immunity is clearly a claim that is meant to be reviewed before trial. Smith's team also said that it wants the court to decide the appeal now.Smith's team maintains that presidents are not entitled to absolute immunity and that, in any event, the acts Trump is alleged in the indictment to have taken — including&nbsp;<a href="https://apnews.com/article/capitol-siege-joe-biden-presidential-elections-election-2020-electoral-college-311f88768b65f7196f52a4757dc162e4">scheming to enlist fake electors</a>&nbsp;in battleground states won by Biden and&nbsp;<a href="https://apnews.com/article/pence-jan-6-trump-indictment-ab36fd360a0850562a07d1b404f15d69">pressing his vice president</a>, Mike Pence, to reject the counting of electoral votes on Jan. 6, 2021 — fall outside a president's official job duties.“The president has a unique constitutional role but he is not above the law. Separation of powers principles, constitutional text, history, precedent and immunity doctrines all point to the conclusion that a former president enjoys no immunity from prosecution,” prosecutor James Pearce said, adding that a case in which a former president is alleged to have sought to overturn an election “is not the place to recognize some novel form of immunity.”When Judge Henderson asked how the court could write its opinion in a way that wouldn't open the “floodgates” of investigations against ex-presidents, Pearce said he did not anticipate “a sea change of vindictive tit-for-tat prosecutions in the future.” He called the allegations against Trump fundamentally unprecedented.“Never before has there been allegations that a sitting president has, with private individuals and using the levers of power, sought to fundamentally subvert the democratic republic and the electoral system," he said. "And frankly, if that kind of fact pattern arises again, I think it would be awfully scary if there weren’t some sort of mechanism by which to reach that criminally.”It's not clear how quickly the panel from the U.S. Circuit Court of Appeals from the D.C. Circuit will rule, though it has signaled that it intends to work quickly.U.S. District Judge Tanya Chutkan rejected the immunity arguments,&nbsp;<a href="https://apnews.com/article/trump-capitol-riot-immunity-donald-trump-a98872759762c95fa925ff831df27388">ruling last month that the office of the presidency does not confer a “‘get-out-of-jail-free'" pass.</a>&nbsp;Trump's lawyers appealed that decision, but Smith's team, determined to keep the case on schedule, sought to leapfrog the appeals court by asking the Supreme Court to fast-track the immunity question. The justices declined to get involved.The appeal is vital to a Trump strategy of trying to postpone the case until after the November election, when a victory could empower him to order the Justice Department to abandon the prosecution or even to seek a pardon for himself. He faces three other criminal cases, in state and federal court, though the Washington case is scheduled for trial first.

🎧 Judges express skepticism of claims that Trump immune from prosecution

CAPE CANAVERAL, Fla. (AP) — The first U.S. moon landing attempt in more than 50 years appeared to be doomed after a private company's spacecraft developed a “critical” fuel leak just hours after Monday's launch.

Pittsburgh-based Astrobotic Technology managed to orient its lander toward the sun so the solar panel could collect sunlight and charge its battery, as a special team assessed the status of what was termed “a failure in the propulsion system.”

It soon became apparent, however, that there was “a critical loss of fuel," further dimming hope for what had been a planned moon landing on Feb. 23.

Late Monday, the company said the leak was continuing and estimated that the lander would start losing solar power in about 40 hours.

The trouble was reported about seven hours after Monday’s predawn liftoff from Cape Canaveral Space Force Station. United Launch Alliance’s Vulcan rocket provided the lift for Astrobotic’s lander, named Peregrine, putting it on a long, roundabout path to the moon.

A propulsion system problem “threatens the ability of the spacecraft to soft land on the moon," the company said. The lander is equipped with engines and thrusters for maneuvering, not only during the cruise to the moon but for lunar descent.

Astrobotic released a photo from a lander-mounted camera, which the company said showed a “disturbance” in a section of thermal insulation. That aligns with what is known so far of the problem, the company said.

Astrobotic was aiming to be the&nbsp;<a href="https://apnews.com/article/moon-landings-nasa-private-ffb85d2a092df8d32c0494811e6691f5">first private business to successfully land</a>&nbsp;on the moon, something only four countries have accomplished. A second lander from a Houston company is due to launch next month. NASA gave the two companies millions to build and fly their own lunar landers.

The space agency wants the privately owned landers to scope out the place before astronauts arrive while delivering tech and science experiments for the space agency, other countries and universities as well as odds and ends for other customers. Astrobotic's contract with NASA for the Peregrine lander was $108 million and it has more in the pipeline.

Before the flight, NASA’s Joel Kearns, deputy associate administrator for exploration, noted that while using private companies to make deliveries to the moon will be cheaper and quicker than going the usual government route, there will be added risk. He stressed that the space agency was willing to accept that risk, noting Monday: “Each success and setback are opportunities to learn and grow.”

The last time the U.S. launched a moon-landing mission was in December 1972. Apollo 17’s Gene Cernan and Harrison Schmitt became the 11th and 12th men to walk on the moon, closing out an era that has remained NASA’s pinnacle.

The space agency’s new Artemis program — named after the twin sister of Apollo in Greek mythology — looks to return astronauts to the moon’s surface within the next few years. First will be a&nbsp;<a href="https://apnews.com/article/biden-artemis-moon-astronauts-nasa-2a77d4260beb9b875aabc0bce9a3d80e">lunar fly-around with four astronauts</a>, possibly before the end of the year.

Highlighting Monday's moonshot was the long-delayed initial test flight of the Vulcan rocket. The 202-foot (61-meter) rocket is essentially an upgraded version of ULA’s hugely successful workhorse Atlas V, which is being phased out along with the company’s Delta IV. Jeff Bezos' rocket company, Blue Origin, provided the Vulcan's two main engines.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/1/1704729504881.png" alt="-As part of NASA’s Commercial Lunar Payload Services initiative, Astrobotic’s Peregrine lander launched on United Launch Alliance’s (ULA) Vulcan rocket at 2:18 a.m. EST from Launch Complex 41 at Cape Canaveral Space Force Station in Florida.-photo courtesy&nbsp; United Launch Alliance and NASA" />
 <figcaption>-As part of NASA’s Commercial Lunar Payload Services initiative, Astrobotic’s Peregrine lander launched on United Launch Alliance’s (ULA) Vulcan rocket at 2:18 a.m. EST from Launch Complex 41 at Cape Canaveral Space Force Station in Florida.-photo courtesy&nbsp; United Launch Alliance and NASA</figcaption>
 </figure>CAPE CANAVERAL, Fla. (AP) — The first U.S. moon landing attempt in more than 50 years appeared to be doomed after a private company's spacecraft developed a “critical” fuel leak just hours after Monday's launch.<div><blockquote class="twitter-tweet">We have liftoff! The first American commercial robotic launch to the Moon will deliver science instruments to study its surface, a critical part of preparing for future <a href="https://twitter.com/hashtag/Artemis?src=hash&amp;ref_src=twsrc%5Etfw">#Artemis</a> missions. <a href="https://t.co/KoOZjXvqjD">https://t.co/KoOZjXvqjD</a> <a href="https://t.co/Vo2Dnn6TwA">pic.twitter.com/Vo2Dnn6TwA</a>&mdash; NASA (@NASA) <a href="https://twitter.com/NASA/status/1744258330472726830?ref_src=twsrc%5Etfw">January 8, 2024</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>Pittsburgh-based Astrobotic Technology managed to orient its lander toward the sun so the solar panel could collect sunlight and charge its battery, as a special team assessed the status of what was termed “a failure in the propulsion system.”It soon became apparent, however, that there was “a critical loss of fuel," further dimming hope for what had been a planned moon landing on Feb. 23.Late Monday, the company said the leak was continuing and estimated that the lander would start losing solar power in about 40 hours.The trouble was reported about seven hours after Monday’s predawn liftoff from Cape Canaveral Space Force Station. United Launch Alliance’s Vulcan rocket provided the lift for Astrobotic’s lander, named Peregrine, putting it on a long, roundabout path to the moon.A propulsion system problem “threatens the ability of the spacecraft to soft land on the moon," the company said. The lander is equipped with engines and thrusters for maneuvering, not only during the cruise to the moon but for lunar descent.Astrobotic released a photo from a lander-mounted camera, which the company said showed a “disturbance” in a section of thermal insulation. That aligns with what is known so far of the problem, the company said.Astrobotic was aiming to be the&nbsp;<a href="https://apnews.com/article/moon-landings-nasa-private-ffb85d2a092df8d32c0494811e6691f5">first private business to successfully land</a>&nbsp;on the moon, something only four countries have accomplished. A second lander from a Houston company is due to launch next month. NASA gave the two companies millions to build and fly their own lunar landers.The space agency wants the privately owned landers to scope out the place before astronauts arrive while delivering tech and science experiments for the space agency, other countries and universities as well as odds and ends for other customers. Astrobotic's contract with NASA for the Peregrine lander was $108 million and it has more in the pipeline.Before the flight, NASA’s Joel Kearns, deputy associate administrator for exploration, noted that while using private companies to make deliveries to the moon will be cheaper and quicker than going the usual government route, there will be added risk. He stressed that the space agency was willing to accept that risk, noting Monday: “Each success and setback are opportunities to learn and grow.”The last time the U.S. launched a moon-landing mission was in December 1972. Apollo 17’s Gene Cernan and Harrison Schmitt became the 11th and 12th men to walk on the moon, closing out an era that has remained NASA’s pinnacle.The space agency’s new Artemis program — named after the twin sister of Apollo in Greek mythology — looks to return astronauts to the moon’s surface within the next few years. First will be a&nbsp;<a href="https://apnews.com/article/biden-artemis-moon-astronauts-nasa-2a77d4260beb9b875aabc0bce9a3d80e">lunar fly-around with four astronauts</a>, possibly before the end of the year.Highlighting Monday's moonshot was the long-delayed initial test flight of the Vulcan rocket. The 202-foot (61-meter) rocket is essentially an upgraded version of ULA’s hugely successful workhorse Atlas V, which is being phased out along with the company’s Delta IV. Jeff Bezos' rocket company, Blue Origin, provided the Vulcan's two main engines.ULA declared success once the lander was free of the rocket's upper stage, nearly an hour into the flight and before the spacecraft's propulsion system malfunctioned and prevented the solar panel from properly pointing toward the sun.Landing on the moon has long been a series of hits and misses. The Soviet Union and the U.S. racked up a string of successful moon landings in the 1960s and 70s, before putting touchdowns on pause. China joined the elite club in 2013 and&nbsp;<a href="https://apnews.com/article/india-spacecraft-chandrayaan-moon-landing-b31109bb08197f33b829e7a6e4edfc6d">India in 2023</a>. But last year also saw&nbsp;<a href="https://apnews.com/article/russia-space-roscosmos-crash-658f5118c34cfa0f1501cc7522074323">landers from Russia</a>&nbsp;and a&nbsp;<a href="https://apnews.com/article/moon-lunar-landing-crash-japan-32230ba28a3c41824ec4ee9ed7d6ed4c">private Japanese company</a>&nbsp;slam into the moon. An Israeli nonprofit crashed in 2019.Next month, SpaceX will provide the lift for a lander from Intuitive Machines. The Houston company's Nova-C lander takes a more direct one-week route to the moon.Besides flying experiments for NASA, Astrobotic drummed up its own freight business, packing the 6-foot-tall (1.9-meter-tall) Peregrine lander. On board the lander: a chip of rock from Mount Everest, toy-size cars from Mexico and ashes and DNA of deceased space enthusiasts, including “Star Trek” creator Gene Roddenberry and science fiction writer Arthur C. Clarke.The Navajo Nation recently sought to have the launch delayed because of the human remains. saying it would be a “profound desecration” of a celestial body revered by Native Americans. Astrobotic chief executive John Thornton said the December objections came too late but promised to try to find “a good path forward” with the Navajo for future missions.One of the spaceflight memorial companies that bought room on the lander, Celestis, said in a statement that no single culture or religion owns the moon and should not be able to veto a mission. More remains are on the rocket’s upper stage, which was boosted into a perpetual orbit around the sun reaching as far out as Mars.Cargo fares for Peregrine ranged from a few hundred dollars to $1.2 million per kilogram (2.2 pounds), not nearly enough for Astrobotic to break even. But for the first flight, that's not the point, according to Thornton.“A lot of people’s dreams and hopes are riding on this,” Thornton said days before the flight.___CAPE CANAVERAL, Fla. (AP) — The first U.S. moon landing attempt in more than 50 years appeared to be doomed after a private company's spacecraft developed a “critical” fuel leak just hours after Monday's launch.Pittsburgh-based Astrobotic Technology managed to orient its lander toward the sun so the solar panel could collect sunlight and charge its battery, as a special team assessed the status of what was termed “a failure in the propulsion system.”It soon became apparent, however, that there was “a critical loss of fuel," further dimming hope for what had been a planned moon landing on Feb. 23.“We are currently assessing what alternative mission profiles may be feasible at this time,” the company said in a statement.The problem was reported about seven hours after Monday’s predawn liftoff from Cape Canaveral Space Force Station. United Launch Alliance’s Vulcan rocket provided the lift for Astrobotic’s lander, named Peregrine, putting it on a long, roundabout path to the moon.A propulsion system problem “threatens the ability of the spacecraft to soft land on the moon," the company said. The lander is equipped with engines and thrusters for maneuvering, not only during the cruise to the moon but for lunar descent.Astrobotic was aiming to be the&nbsp;<a href="https://apnews.com/article/moon-landings-nasa-private-ffb85d2a092df8d32c0494811e6691f5">first private business to successfully land</a>&nbsp;on the moon, something only four countries have accomplished. A second lander from a Houston company is due to launch next month. NASA gave the two companies millions to build and fly their own lunar landers.The space agency wants the privately owned landers to scope out the place before astronauts arrive while delivering tech and science experiments for the space agency, other countries and universities as well as odds and ends for other customers. Astrobotic's contract with NASA for the Peregrine lander was $108 million and it has more in the pipeline.Before the flight, NASA’s Joel Kearns, deputy associate administrator for exploration, noted that while using private companies to make deliveries to the moon will be cheaper and quicker than going the usual government route, there will be added risk. He stressed that the space agency was willing to accept that risk, noting Monday: “Each success and setback are opportunities to learn and grow.”The last time the U.S. launched a moon-landing mission was in December 1972. Apollo 17’s Gene Cernan and Harrison Schmitt became the 11th and 12th men to walk on the moon, closing out an era that has remained NASA’s pinnacle.The space agency’s new Artemis program — named after the twin sister of Apollo in Greek mythology — looks to return astronauts to the moon’s surface within the next few years. First will be a&nbsp;<a href="https://apnews.com/article/biden-artemis-moon-astronauts-nasa-2a77d4260beb9b875aabc0bce9a3d80e">lunar fly-around with four astronauts</a>, possibly before the end of the year.Highlighting Monday's moonshot was the long-delayed initial test flight of the Vulcan rocket from Cape Canaveral Space Force Station. The 202-foot (61-meter) rocket is essentially an upgraded version of ULA’s hugely successful workhorse Atlas V, which is being phased out along with the company’s Delta IV. Jeff Bezos' rocket company, Blue Origin, provided the Vulcan's two main engines.ULA declared success once the lander was free of the rocket's upper stage, nearly an hour into the flight and before the spacecraft's propulsion system malfunctioned and prevented the solar panel from properly pointing toward the sun.Landing on the moon has long been a series of hits and misses. The Soviet Union and the U.S. racked up a string of successful moon landings in the 1960s and 70s, before putting touchdowns on pause. China joined the elite club in 2013 and&nbsp;<a href="https://apnews.com/article/india-spacecraft-chandrayaan-moon-landing-b31109bb08197f33b829e7a6e4edfc6d">India in 2023</a>. But last year also saw&nbsp;<a href="https://apnews.com/article/russia-space-roscosmos-crash-658f5118c34cfa0f1501cc7522074323">landers from Russia</a>&nbsp;and a&nbsp;<a href="https://apnews.com/article/moon-lunar-landing-crash-japan-32230ba28a3c41824ec4ee9ed7d6ed4c">private Japanese company</a>&nbsp;slam into the moon. An Israeli nonprofit crashed in 2019.Next month, SpaceX will provide the lift for a lander from Intuitive Machines. The Nova-C lander's more direct one-week route could see both spacecraft attempting to land within days or even hours of one another.Besides flying experiments for NASA, Astrobotic drummed up its own freight business, packing the 6-foot-tall (1.9-meter-tall) Peregrine lander with everything from a chip of rock from Mount Everest and toy-size cars from Mexico that will catapult to the lunar surface and cruise around, to the ashes and DNA of deceased space enthusiasts, including “Star Trek” creator Gene Roddenberry and science fiction writer Arthur C. Clarke.The Navajo Nation recently sought to have the launch delayed because of the human remains. saying it would be a “profound desecration” of a celestial body revered by Native Americans. Astrobotic chief executive John Thornton said the December objections came too late but promised to try to find “a good path forward” with the Navajo for future missions.One of the spaceflight memorial companies that bought room on the lander, Celestis, said in a statement that no single culture or religion owns the moon and should not be able to veto a mission. More remains are on the rocket’s upper stage, which was boosted into a perpetual orbit around the sun reaching as far out as Mars.Cargo fares for Peregrine ranged from a few hundred dollars to $1.2 million per kilogram (2.2 pounds), not nearly enough for Astrobotic to break even. But for this first flight, that's not the point, according to Thornton.“A lot of people’s dreams and hopes are riding on this,” Thornton said days before the flight.-----------------CAPE CANAVERAL, Fla. (AP) — The first U.S. lunar lander in more than 50 years rocketed to space Monday, launching a race for private companies to deliver experiments and other items to the moon.But about seven hours after liftoff, Astrobotic Technology reported the solar panel on the lander wasn’t properly pointed toward the sun to generate and store power and it was investigating the issue.The Pittsburgh company's lander caught a ride on a brand new rocket, United Launch Alliance’s Vulcan. The Vulcan streaked through the Florida predawn sky, putting the spacecraft on a roundabout route to the moon for a landing attempt on Feb. 23.The company aims to be the&nbsp;<a href="https://apnews.com/article/moon-landings-nasa-private-ffb85d2a092df8d32c0494811e6691f5">first private business to successfully land</a>&nbsp;on the moon, something only four countries have accomplished. But a Houston company also has a lander ready to fly, and could beat it to the lunar surface, taking a more direct path.NASA gave the two companies millions to build and fly their own lunar landers. The space agency wants the privately owned landers to scope out the place before astronauts arrive while delivering tech and science experiments for NASA, other countries and universities as well as odds and ends for other customers. Astrobotic's contract for the Peregrine lander: $108 million.The last time the U.S. launched a moon-landing mission was in December 1972. Apollo 17’s Gene Cernan and Harrison Schmitt became the 11th and 12th men to walk on the moon, closing out an era that has remained NASA’s pinnacle.The space agency’s new Artemis program — named after the twin sister of Apollo in Greek mythology — looks to return astronauts to the moon’s surface within the next few years. First will be a&nbsp;<a href="https://apnews.com/article/biden-artemis-moon-astronauts-nasa-2a77d4260beb9b875aabc0bce9a3d80e">lunar fly-around with four astronauts</a>, possibly before the end of the year.Highlighting Monday's moonshot was the long-delayed initial test flight of the Vulcan rocket from Cape Canaveral Space Force Station. The 202-foot (61-meter) rocket is essentially an upgraded version of ULA’s hugely successful workhorse Atlas V, which is being phased out along with the company’s Delta IV. Jeff Bezos' rocket company, Blue Origin, provided the Vulcan's two main engines.ULA declared success once the lander was free of the rocket's upper stage, nearly an hour into the flight and before the power trouble. “Yee-haw!” shouted chief executive Tory Bruno. "I am so thrilled, I can’t tell you how much.”The Soviet Union and the U.S. racked up a string of successful moon landings in the 1960s and 70s, before putting touchdowns on pause. China joined the elite club in 2013 and&nbsp;<a href="https://apnews.com/article/india-spacecraft-chandrayaan-moon-landing-b31109bb08197f33b829e7a6e4edfc6d">India in 2023</a>. But last year also saw&nbsp;<a href="https://apnews.com/article/russia-space-roscosmos-crash-658f5118c34cfa0f1501cc7522074323">landers from Russia</a>&nbsp;and a&nbsp;<a href="https://apnews.com/article/moon-lunar-landing-crash-japan-32230ba28a3c41824ec4ee9ed7d6ed4c">private Japanese company</a>&nbsp;slam into the moon. An Israeli nonprofit crashed in 2019.Next month, SpaceX will provide the lift for a lander from Intuitive Machines. The Nova-C lander's more direct one-week route could see both spacecraft attempting to land within days or even hours of one another.The hourlong descent to the lunar surface — by far the biggest challenge — will be “exciting, nail-biting, terrifying all at once,” Thornton said.Besides flying experiments for NASA, Astrobotic drummed up its own freight business, packing the 6-foot-tall (1.9-meter-tall) Peregrine lander with everything from a chip of rock from Mount Everest and toy-size cars from Mexico that will catapult to the lunar surface and cruise around, to the ashes and DNA of deceased space enthusiasts, including “Star Trek” creator Gene Roddenberry and science fiction writer Arthur C. Clarke.The Navajo Nation recently sought to have the launch delayed because of the human remains. saying it would be a “profound desecration” of a celestial body revered by Native Americans. Thornton said the December objections came too late but promised to try to find “a good path forward” with the Navajo for future missions.One of the spaceflight memorial companies that bought room on the lander, Celestis, said in a statement that no single culture or religion owns the moon and should not be able to veto a mission. More remains are on the rocket’s upper stage, which was boosted into a perpetual orbit around the sun reaching as far out as Mars.Cargo fares for Peregrine ranged from a few hundred dollars to $1.2 million per kilogram (2.2 pounds), not nearly enough for Astrobotic to break even. But for this first flight, that's not the point, according to Thornton.“A lot of people’s dreams and hopes are riding on this,” he said.