Legal News for Thurs 9/5 - USDA Guidance on Meat Labels, Harlan Crow Refuses to Provide Senate Financial Records, Trump's Ongoing Immunity Case and CA Crackdown on Unhoused

Minimum Competence

This Day in Legal History: First Continental Congress in Philadelphia

On September 5, 1774, the First Continental Congress convened in Philadelphia, marking a pivotal moment in American legal and political history. Delegates from twelve of the thirteen American colonies gathered in response to the "Intolerable Acts" imposed by the British Parliament. These punitive laws, including the Boston Port Act and the Massachusetts Government Act, were seen as direct threats to colonial self-governance and economic stability. The Congress sought to unify colonial opposition to British rule, beginning with a coordinated response through non-violent means.

One of its most significant outcomes was the drafting of the "Declaration and Resolves," a document asserting colonial rights. This declaration rejected British authority over internal colonial affairs, reaffirmed the colonies' right to self-governance, and condemned the Intolerable Acts as violations of English constitutional law. It also set forth a colonial boycott of British goods through the creation of the Continental Association. The First Continental Congress did not yet call for independence but emphasized reconciliation with Britain under fairer terms. However, its convening laid the groundwork for future revolutionary actions and the eventual establishment of the United States.

The U.S. Department of Agriculture (USDA) has updated its guidance on marketing terms like "grass-fed" and "free-range" for meat and poultry products. The new rules emphasize more robust documentation and encourage the use of third-party certifications to substantiate claims about animal-raising practices and environmental sustainability. This update, however, falls short of satisfying sustainability advocates who call for stricter regulations. The change follows a rise in lawsuits accusing companies of "greenwashing," where environmental claims are made without sufficient proof. Earlier this year, JBS, the world’s largest beef processor, was sued by New York’s attorney general for allegedly misleading consumers about its sustainability efforts.

The USDA’s new rules aim to create fair competition among businesses making genuine claims and help consumers trust the labels. However, some, like the American Grassfed Association, argue that these guidelines should be mandatory rather than voluntary. Critics, including PETA, remain skeptical, stating that meat and dairy products can never be truly sustainable. Meanwhile, businesses are awaiting further clarity from the Federal Trade Commission’s upcoming update of the Green Guides, which provide broader advice on marketing environmental claims.

Scrutiny of Meat Labels Like Grass-Fed Misses Green Expectations

Harlan Crow, a prominent Republican donor, has refused to provide the Senate Finance Committee with financial records related to private yacht and jet travel involving Supreme Court Justice Clarence Thomas. The committee, chaired by Sen. Ron Wyden (D-Ore.), is investigating whether Crow improperly claimed business deductions for personal trips taken with Thomas. The inquiry follows revelations that Thomas took additional undisclosed trips on Crow’s yacht. Wyden emphasized that the committee seeks to understand the extent of Crow’s undisclosed gifts to Thomas in order to inform potential legislation.

Crow's attorney, Michael Bopp, responded by calling the investigation “abusive and unlawful,” accusing the committee of using Crow’s friendship with Thomas for partisan purposes. He argued that the inquiry goes beyond the committee’s authority and is more focused on judicial ethics than legislative issues. Bopp also dismissed the tax concerns, suggesting that if there were legitimate issues with Crow’s business practices, they should have been handled through an IRS audit within the statute of limitations.

By way of reminder Harlan Crow, you will remember, is the clown that I wrote about last year and whose dubious financial dealings continue to make headlines. In addition to his close ties with Justice Clarence Thomas, Crow has been linked to offshore tax havens through his company, Crow Holdings, which holds accounts in the Cayman Islands. This is just one example of the ways billionaires like Crow use "cashports"—a term I attempted to coin to describe citizenship-by-investment programs that grant passports from countries like St. Kitts and Nevis, known for their financial secrecy. The term went nowhere but, happily, scrutiny of Crow continues.

These cashports allow the wealthy to obscure their assets, evading U.S. taxes and potentially funding criminal activities under the guise of legitimate investment. Tax shelters like these rely on high-profile, quasi-legitimate users like Crow to maintain political and economic standing, despite connections to organized crime and other risks. If we aim to curtail these activities, both transparency measures and strict penalties for tax cheats must be pursued aggressively. Crow’s offshore dealings further complicate the public understanding of his financial gifts to Thomas, highlighting the need for a stronger judicial ethics code and international financial transparency.

Harlan Crow Rejects Senate Records Request in Thomas Inquiry

Golden Visas Let People Like Harlan Crow Keep Too Much Hidden (2)

In the ongoing legal case against Donald Trump over attempts to overturn the 2020 election, a U.S. District Court hearing will take place to determine the next steps after the Supreme Court’s recent ruling on presidential immunity. Trump has argued that his actions were part of his official responsibilities as president, seeking to dismiss some charges under this immunity. The court found that Trump cannot be prosecuted for pressuring the U.S. Department of Justice, but other charges, such as using false claims of voter fraud to subvert the election results, remain.

Special counsel Jack Smith aims to push the case forward, while Trump’s legal team seeks to delay proceedings until after the 2024 presidential election. Trump has also raised concerns about the legality of Smith’s appointment as special counsel, mirroring a successful challenge in a separate case involving classified documents. Judge Tanya Chutkan will weigh these competing proposals in deciding how and when to proceed with the case.

US judge to weigh path forward in Trump election case after immunity decision | Reuters

In response to the growing homelessness crisis, California cities like Palm Springs are increasingly turning to police enforcement, emboldened by a recent U.S. Supreme Court decision that upheld camping bans. Palm Springs, traditionally known for its progressive policies, passed a law in July expanding police authority to arrest people for sleeping on public property. The city’s action reflects a broader trend across California, where 12 cities have enacted similar camping bans, citing the Supreme Court ruling. Despite spending over $20 billion on housing programs, California’s homeless population continues to grow, with an estimated 180,000 unhoused residents.

Critics argue that criminalizing homelessness is counterproductive. Experts emphasize the need for deeply affordable housing and warn that police crackdowns alienate the homeless, complicating efforts to provide outreach services. Palm Springs Police Chief Andrew Mills supports compassionate enforcement but stresses that the community must take action to address the crisis. Meanwhile, some cities, including Los Angeles, are resisting police crackdowns and exploring alternatives like sanctioned camping spaces. The debate continues as advocates push for long-term solutions that address the root causes of homelessness, such as rising housing costs and wage stagnation.

Emboldened by Supreme Court, California turns to police in homeless crisis | Reuters

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