UNBIASED (8/21/24): FTC BAN ON NON-COMPETES BLOCKED, RFK JR. MAY DROP OUT, JOB REVISION, AND MORE.

Summary

On August 21st, 'Unbiased' reported on a federal judge in Texas blocking the FTC's ban on non-compete agreements nationwide, citing the FTC's overreach. The show also discussed independent presidential candidate RFK Jr. and running mate Nicole Shanahan's campaign challenges, including alleged sabotage by the DNC. Shanahan hinted at potential support for Trump to prevent a Harris presidency. Additionally, the program covered a former USAF member appearing in a Russian propaganda video, job growth revisions by the BLS, and updates on political and legal news.

Takeaways

• 🏛️ A federal judge in Texas has blocked the FTC's new ban on non-compete agreements from taking effect nationwide, arguing the FTC overstepped its authority and acted arbitrarily and capriciously.
• 🤝 The Biden Administration's final rule in May aimed to ban non-compete agreements, considering them an unfair restraint on competition and a violation of Anti-Trust law.
• 📚 Multiple lawsuits have been filed across the U.S. against the FTC's rule, with differing outcomes in Florida and Pennsylvania, highlighting the legal debate over the issue.
• 🚫 The Texas judge's decision prevents the FTC from enforcing a blanket ban on non-competes, but they can still be reviewed on a case-by-case basis.
• 🤔 The FTC is considering an appeal against the Texas ruling, which would determine whether the ban on non-compete agreements can be enforced or not.
• 🔍 Independent presidential candidate RFK Jr and running mate Nicole Shanahan are considering their options amid rumors of potential endorsements and positions in either major party's cabinet.
• 💥 Nicole Shanahan has accused the DNC of sabotage against their campaign, including lawsuits, social media campaigns, and other tactics that have affected their ability to run fairly.
• 🗳️ Shanahan expressed disappointment in the DNC, claiming that their actions have turned the campaign into a spoiler and that they are considering supporting Trump to prevent a Harris presidency.
• 📈 Job growth in the U.S. was weaker than initially estimated, with the Bureau of Labor Statistics revising down the number of jobs by 88,000, marking the largest downward revision since 2009.
• 🛑 A former U.S. Air Force member, Wilmer PUO Mota, who fled the country, has resurfaced in a Russian propaganda video, claiming to fight for Russian forces in Ukraine.
• 📊 The Department of Transportation is reviewing Alaska Airlines' proposed acquisition of Hawaiian Airlines, indicating the deal has passed the Department of Justice's review and is nearing approval.

Q & A

What was the ruling by the federal judge in Texas regarding the FTC's ban on non-compete agreements?

The federal judge in Texas barred the FTC's new ban on non-compete agreements from taking effect nationwide, stating that the FTC doesn't have the authority to ban practices it deems unfair by adopting such broad rules and that the ban was arbitrary and capricious.

What was the FTC's rationale for banning non-compete agreements?

The FTC Commissioners voted to pass the rule because they claimed that non-compete agreements are an unfair restraint on competition, violate Anti-Trust law, and suppress workers' wages and mobility.

How did the judge in Pennsylvania rule on the FTC's non-compete agreement ban?

The judge in Pennsylvania upheld the FTC's rule, finding that the FTC reasonably concluded that non-competes are rarely justified.

What is the administrative procedure act, as mentioned in the script?

The administrative procedure act is a federal law that instructs courts to invalidate Federal agency actions that are arbitrary and capricious, which includes actions that are baseless, lack motive or reason, or are implausible based on the evidence.

What are the two options that RFK Jr. and Nicole Shanahan are considering for their campaign?

The two options being considered are either staying in the race and potentially forming a new party, or walking away and joining forces with Donald Trump.

What was Nicole Shanahan's response to the rumors of RFK Jr. being in talks with the Harris and Trump campaigns?

Nicole Shanahan definitively denied the rumors of RFK Jr. being in talks with the Harris campaign for endorsements or cabinet positions, calling them 'fake news' created by the mainstream media.

What did Nicole Shanahan express disappointment about in relation to the Democratic Party?

Nicole Shanahan expressed disappointment in the Democratic Party for what she perceives as sabotage against their campaign, including lawsuits, manipulation of polls, and planting insiders to disrupt the campaign.

What is the significance of the job growth revision by the Bureau of Labor Statistics?

The Bureau of Labor Statistics' revision indicates that there were 88,000 fewer jobs in March of the current year than initially reported, which is the largest downward revision since 2009, suggesting that the job count was never as high as previously estimated.

What is the status of the proposed acquisition of Hawaiian Airlines by Alaska Airlines?

The Department of Transportation is reviewing the proposed acquisition, which has already passed the DOJ's review, indicating it is one step closer to approval.

What is the context of the Trump appeal against the $454 million civil judgment?

Trump is appealing the $454 million civil judgment issued against him by Judge Arthur Nader, arguing that no one suffered harm from his business practices, the judgment is unconstitutional, and the case should not have been brought due to the statute of limitations having expired.

Outlines

00:00

🏛 FTC Non-Compete Agreement Ban Blocked

A federal judge in Texas has halted the Federal Trade Commission's (FTC) nationwide ban on non-compete agreements, which was set to take effect in September. The judge argued that the FTC lacks the authority to enact such a broad rule and that the ban was not justified, labeling it as 'arbitrary and capricious' under the Administrative Procedure Act. This decision follows mixed rulings from other states, with a Pennsylvania judge upholding the FTC's rule and a Florida judge suggesting the ban might be invalid. The FTC is considering an appeal, but for now, the ban cannot be enforced, allowing non-compete agreements to be reviewed on a case-by-case basis.

05:01

🗳️ RFK Jr. and Shanahan's Campaign Controversy

Independent presidential candidate Robert F. Kennedy Jr. and his running mate Nicole Shanahan are facing scrutiny as potential spoiler candidates. In an interview with the 'Impact Theory' podcast, Shanahan addressed rumors of their campaign's talks with the Harris and Trump campaigns, dismissing them as 'fake news.' She expressed frustration with the Democratic National Committee (DNC), accusing it of sabotage through lawsuits, social media campaigns, and other tactics, which have, according to her, turned them into a spoiler candidate. Shanahan detailed the challenges they faced, including legal issues and manipulations that have hindered their campaign. The campaign is now considering its options, which may include withdrawing from the race or endorsing Donald Trump to prevent a potential 'Harris and Biden presidency.'

10:02

📊 US Job Growth Revision and Other News

The Bureau of Labor Statistics has revised the US job growth data, indicating that there were 88,000 fewer jobs in March than initially reported. This is the largest downward revision since 2009 and reflects a correction in the annual Benchmark process, where statistical samples are compared with actual data from state unemployment systems. Other news includes Vice President Harris accepting the Democratic presidential nomination, the Department of Transportation reviewing Alaska Airlines' proposed acquisition of Hawaiian Airlines, the capture of a murder suspect who escaped a Mississippi detention facility, and an upcoming hearing in Trump's appeal against a $454 million civil judgment.

15:04

🤔 Critical Thinking on Political Interference

The video script concludes with a call for critical thinking regarding political interference in elections, specifically focusing on the actions of the DNC towards the RFK Jr. and Shanahan campaign. The host poses questions about the justice system's role in addressing such interference and whether there should be consequences for actions that affect the fairness of political campaigns. The discussion invites reflection on the rights of citizens to vote in a fair and free election and whether different rules should apply to major and minor party candidates, considering the disparity in resources available to them.

Keywords

💡Non-compete agreements

Non-compete agreements are legal contracts that restrict employees from working for a competitor or starting a similar business for a specified period after leaving a job. In the video, it is discussed that a federal judge in Texas has barred the FTC's new ban on these agreements from taking effect, highlighting the ongoing debate over their legality and impact on competition and workers' rights.

💡Federal Judge

A federal judge is a judicial officer appointed by the President and confirmed by the Senate to preside over cases in the United States federal courts. In this context, the video refers to a federal judge in Texas who made a significant ruling on the FTC's ban on non-compete agreements, indicating the importance of the judiciary in interpreting and enforcing laws.

💡FTC

The Federal Trade Commission (FTC) is an independent agency of the United States government responsible for protecting consumers and promoting competition. The video discusses the FTC's role in attempting to ban non-compete agreements, emphasizing the agency's function in regulating business practices.

💡Anti-Trust Law

Anti-trust laws are designed to promote fair competition by preventing the formation of monopolies and restrictive business practices. The video mentions that the FTC Commissioners believe non-compete agreements violate anti-trust law by suppressing workers' wages and mobility, illustrating the legal framework used to evaluate such agreements.

💡Administrative Procedure Act

The Administrative Procedure Act (APA) is a U.S. federal law that governs the way federal agencies propose and establish regulations and rules. The video explains that under the APA, courts can invalidate federal agency actions that are 'arbitrary and capricious,' which is relevant to the judge's decision to bar the FTC's ban on non-compete agreements.

💡RFK Jr.

Robert F. Kennedy Jr., often referred to as RFK Jr., is an environmental activist and attorney who is mentioned in the video as an independent presidential candidate. The script discusses the potential impact of his campaign on the election and the possibility of him endorsing other candidates, which is a significant aspect of the political narrative.

💡Spoiler Candidate

A spoiler candidate is a person running for office who may not have a realistic chance of winning but could influence the election by drawing votes away from another candidate. The video script includes a discussion about concerns that RFK Jr.'s campaign could act as a spoiler, impacting the election's outcome.

💡Democratic Party

The Democratic Party is one of the two major political parties in the United States, alongside the Republican Party. In the video, the script discusses the actions of the Democratic National Committee (DNC) in relation to the RFK Jr. campaign, highlighting the role of political parties in shaping election dynamics.

💡Ballot Eligibility

Ballot eligibility refers to the legal qualifications required for a candidate to appear on a ballot for an election. The video mentions lawsuits against Kennedy regarding ballot eligibility, indicating the legal challenges that can arise in the electoral process.

💡Critical Thinking

Critical thinking is the objective analysis and evaluation of an issue in order to form a judgment. The video concludes with a call for critical thinking about the actions of political parties and their potential interference with election campaigns, encouraging viewers to consider the implications of such actions on the democratic process.

💡Oral Arguments

Oral arguments are the presentations made by attorneys before a court, where they summarize their cases and respond to questions from the judges. The video script mentions an upcoming hearing in Trump's appeal of a civil judgment, where oral arguments will be a key part of the legal process.

Highlights

Federal judge in Texas bars the FTC's new ban on non-compete agreements from taking effect.

Biden Administration issued a final rule in May to ban non-compete agreements in the workplace, set to take effect next month.

FTC Commissioners passed the rule due to non-compete agreements being an unfair restraint on competition and violating Anti-Trust law.

Multiple lawsuits were filed across the country challenging the FTC's rule on non-compete agreements.

Judge in Pennsylvania upheld the FTC's rule, finding non-competes rarely justified.

Judge in Florida ruled the FTC's ban likely invalid but did not apply it to a specific case.

Texas judge argued FTC doesn't have authority to ban practices by adopting broad rules.

The judge in Texas deemed the FTC's ban on non-competes arbitrary and capricious under the Administrative Procedure Act.

FTC's nationwide ban on non-competes cannot be enforced, but case-by-case reviews are still possible.

FTC considering an appeal against the Texas judge's ruling.

RFK Jr. and running mate Nicole Shanahan considering options amid rumors of potential endorsements.

Nicole Shanahan denies talks with Harris campaign and describes mainstream media rumors as fake news.

Shanahan discusses the DNC's alleged sabotage of their campaign and its impact.

Kennedy's campaign to address the nation live on Friday regarding the current situation and future steps.

Former USAF member Wilmer PUO Mota, accused of child pornography, resurfaces in Russian propaganda video.

Bureau of Labor Statistics reveals weaker job growth in the U.S. than initially estimated.

Department of Transportation reviewing Alaska Airlines' proposed acquisition of Hawaiian Airlines.

Man accused of murder captured after 68 days on the run; Joshua Zimmerman to face extradition to Mississippi.

New York appeals court to hear Trump's appeal against $454 million civil judgment in September.

Podcast concludes with a critical thinking question regarding political interference in elections and justice system consequences.

Transcripts

welcome back to unbiased your favorite

source of unbiased news and legal

analysis welcome back to unbiased today

is Wednesday August 21st and this is

your daily news rundown let's get right

into today's stories and start with a

story that came out yesterday but after

yesterday's episode was released and

that is a federal judge in Texas has

barred the ftc's new ban on non-compete

agreements from taking effect notably

this judge is not the only judge that's

weighed in on this new rule at this

point so let's back up just a little bit

as we know the Biden Administration

issued a final rule in May which was set

to take effect next month that bans

non-compete agreements in the workplace

the FTC Commissioners voted to pass the

rule because they said that the

non-compete Agreements are an unfair

restraint on competition and you know

they violate Anti-Trust law and suppress

workers wages as well as workers

Mobility following the issuance of that

rule multiple lawsuits were brought

across the country one in Florida one in

Texas and one in Pennsylvania in July a

judge in Pennsylvania upheld the ftc's

rule finding that the FTC reasonably

concluded that non-competes are rarely

Justified then last week a judge in

Florida ruled that the ftc's ban was

likely invalid and prohibited a

non-compete from applying to a real

estate developer but most recently

yesterday a judge in Texas barred the

ftc's ban from taking effect Nationwide

the other two cases were different in

that they were Standalone cases the

Texas judge reasoned that the FTC

doesn't have the authority to ban

practices it deems to be unfair by

adopting such broad rules and that even

if the FTC has the power to adopt such a

rule it had not justified banning all

non-competes so to get a little legal on

you this is also known as being

arbitrary and capricious essentially

under a federal law known as the

administrative procedure act courts are

instructed to invalidate Federal agency

actions that are arbitrary and

capricious an action is arbitrary and c

and capricious when it's baseless or it

lacks motive or Reason more specifically

what the law actually says is that an

action is arbitrary and c and capricious

if the agency in this case the FTC has

one relied on factors which Congress has

not intended it to consider two entirely

failed to consider an important aspect

of the problem three offered an

explanation for its decision that runs

counter to the evidence before the

agency or for has offered an explanation

so implausible that it could not be

ascribed to a different view or product

of the agency expertise so the judge in

Texas held that the fdc's ban on

non-competes was not justified and

therefore arbitrary and capricious and

could not stand now because this ruling

is the first ruling to apply Nationwide

what this means is that is that the FTC

cannot enforce a blanket ban on

non-competes but non-competes can still

be reviewed on a case-by casee basis an

FTC spokesperson did not say whether the

agency would definitely be appealing but

said that it was highly considering it

so again as of now the ban on

non-compete agreements cannot take

effect and will not take effect next

month unless this ruling is

overturned now moving on to an update or

a little added context to yesterday's

episode so in yesterday's episode I

mentioned in the quick hitters that

Independent presidential candidate RFK

Jr and his running mate Nicole Shanahan

are weighing their options as to where

to take where to take the campaign at

this point but I wanted to provide a

little more context behind the

statements that Shanah handm made

because there were a lot of headlines

about this story coming out as of last

night specifically about Kennedy and

Shanahan possibly endorsing Trump so

Nicole Shanahan Kennedy's vice president

pick sat for an interview with the host

of a podcast called impact Theory and

during that interview Shanahan was asked

a whole bunch of questions but the

questions that are relevant to this

story are as follows she was first asked

about the rumors that RFK Jr was in

talks with the Harris and Trump

campaigns possible endorsements for both

Harris and Trump possible positions in

either cabinet and whether there was any

truth to those rumors she definitively

answered no as to being in talks with

Harris endorsing Harris or a cabinet

position with Harris she called those

rumors fake news created by the

mainstream media but she said with that

being said their campaign has offered to

talk to everybody about their policies

about who's going to be in these other

uh cabinets and whether these other cam

campaigns want to hear about their

policies so they're open to talking to

everyone the host of the podcast then

brings up some public concerns about

Kennedy being a spoiler candidate and

ask Shanahan what she thinks about that

and here's a simpit of what she said and

just for transparency sake I am going to

be cutting this clip to include the

relevant portions of the story so you'll

hear right now about three and a half

minutes of what Shanahan has to say but

I do have a longer 16-minute clip as

well as the full episode linked for you

in the sources C if you want even more

context so here's the clip when would

you guys make that decision there's

obviously huge concerns that you guys

are a spoiler uh candidate and so I

understand there'll be a public facing

message but I'm very curious how you

guys think about that we did not start

this campaign I did not put in tens of

millions of dollars to be a spoiler

candidate I put in tens of million

dollars to win to fix this country to do

the right thing um I will say that clear

choice this pack this DNC aligned pack

that was created specifically to take us

out has spent millions of dollars to

take us out they have unfortunately

turned us into a

spoiler um and we don't want to be a

spoiler we wanted to win we wanted a

fair

shot uh the Dancy made that impossible

for us they have um band us Shadow

bandas kept us off stages manipulated

polls used lawfare against us sued Us in

every possible State they've even

planted insiders into our campaign to um

disrupt it and to create actual legal

issues for us I mean the extent by which

um the

sabotage uh they've Unleashed upon us

it's it's mindblowing I mean we're still

learning new ways that they have

sabotaged us um I really wanted a fair

shot at this election and I believed in

the America that I a little girl pledged

an allegiance

to and that is not that is not where we

are today and it's not because

of the Republican Party taking us out it

is exclusively because of the democratic

party taking us out and I am so

disappointed I ever helped them I am so

disappointed that I helped Chuck Schumer

in that Georgia runoff um SEC secure

majority it's probably one of the

biggest mistakes of my life you know

given this I think we are taking a very

serious look at making sure that the

people that have corrupted our fair and

free democracy do not end up in office

in

November um it's hard I mean it's really

hard Tom to say these words cuz it's

also acknowledging how bad things are

what my gut tells me right now is that

we just have to keep being honest I got

to just keep being honest I got to keep

focusing on what matters the most

outside of party lines I need

to

um focus on a vision that goes beyond

November and if that means that we stay

in and you know there's benefits to

staying in if we get over 5% of the vote

we actually establish ourselves as a

party um so you know there's two options

that we're looking at and one is staying

in forming that new party but we run the

risk of a comma har kamla Harris and and

Waltz presidency because we draw votes

from Trump or we draw somehow more votes

from Trump or

we walk away right now and join

forces with with Donald Trump and and

you know we walk away from that and we

explain to our base why we're making

this decision so that's a little bit of

added context of the story and now you

know and in a more recent update to the

story as of today Kennedy's campaign

said Kennedy will quote address the

nation live on Friday about the present

historical moment and his path forward

end quote so we'll see what he has to

say at that point and whether he

addresses all of this news in some other

news a former United States Air Force

member who fled the United States in

January and hasn't been seen since has

resurfaced in a Russian propaganda video

in the video released by Russia's

defense Ministry Wilmer PUO Mota claims

to be a recognizance drone operator

fighting for Russian forces in a region

of Ukraine poom Mota who 28 was set to

plead guilty to possessing explicit

images of a 17-year-old girl as well as

fabricating military documents that that

guilty plead was supposed to happen in

January but he obviously never pled

guilty and he left the country his

lawyer John Seline said PUO Mota had

previously mentioned joining the Russian

army and that poo Mota actually said the

day before The Plea hearing that he had

other plans aside from showing up to the

ple hearing Sicilian said pomoto wanted

a career in politics but that the child

pornography charge had ruined his life

service records show that pomoto was

deployed to Afghanistan in 2015 when he

was 19 and then later served with the

Massachusetts Air National Guard as a

security forces Airman in the Russian

video PUO Mota explains his reason for

moving to Russia and it does not include

that child pornography charge he

recounts his time as a city council

member in Massachusetts says that when

he got involved in politics he zoomed

out and looked at Politics on an

international level realized he needed

to do something about it so he haded to

Russia in January spent some time in

Moscow and then ultimately joined the

Russian army if you want to watch that

video that features poota I do have it

linked for you in the sources for this

episode which of course you can always

find the link to in the episode

description in some economy related news

job growth here in the United States

over the past year was actually a lot

weaker than previously estimated so the

Bureau of Labor Statistics preliminary

annual Benchmark Review of employment

data suggests that there were

88,000 fewer jobs in March of this year

than were initially reported this is the

largest downward revision since 2009

note that this number doesn't reflect

job losses but rather that the job count

was never as high as everyone thought so

what happens is every year the Bureau of

Labor Statistics or the BLS recalculates

previously reported monthly employment

estimates by comparing its statistical

samples against actual administrative

data from State unemployment systems

this is part of its annual Benchmark

process this isn't abnormal it happens

every year sometimes it's a revision

downward as it was this year other times

it's a revision upward the last time

that we saw a record-breaking revision

since 2009 was March 2019 so over the

period March 2018 to March 2019 the BLS

revised down its estimate of total us

job creation by 51 ,000 at that time it

was the largest downward revision since

2009 but obviously this most recent

downward revision that came out today

broke that record just to put a number

on 2009's downward revision the total

number of jobs in the economy was

revised down in 2009 by

92,000 so almost a million and really

not too far off from today's number now

we can move on to Quick hitters starting

with vice president Harris officially

accepting her Democratic president

idential nomination last night via video

which was played at the DNC while Harris

became the party's official nominee

earlier this month via a virtual roll

call the delegates held a ceremonial

roll call at the DNC yesterday while

Harris and walls were campaigning in

Milwaukee and the Department of

Transportation said yesterday that it is

reviewing Alaska Airlines proposed

acquisition of Hawaiian Airlines which

means that proposed acquisition passed

the doj's review and is is one step

closer to approval a man accused of

murder who's been on the run for 68 days

after escaping a Mississippi Detention

Facility was captured today after

barricading himself inside of a Chicago

restaurant Joshua Zimmerman was arrested

last year in Mississippi on charges of

murder attempted murder armed robbery

Fel in in possession of a firearm and

theft officials say now they are focused

on extradition plans to get him back to

Mississippi and a New York appeals court

will hear oral arguments on September

26th in Trump's appeal of the $454

million civil judgment issued against

him by judge Arthur andaran remember

this was the case that was brought by

New York attorney general Leticia James

where the judge found that Trump and

Trump's company had inflated valuations

of its properties to obtain higher loan

amounts Trump is arguing on appeal that

no one suffered any harm as a result of

his business practices that the judgment

is unconstitutional and that the case

should have never been brought because

the statute of limitations had expired

that appeals court once it hears oral

arguments will decide whether to uphold

the Judgment or throw it out and then of

course it can again be appealed from

there before we finish this episode I

want to get your brain going a little

bit a few weeks ago I tried this thing

where I ended the episode with a

critical thinking question because I'm

really trying to get get us back to a

place where we think critically about

issues rather than jump to conclusions

and opinions by way of implicit bias or

listening to how others feel about a

particular issue I don't really know

what happened but I did it that one

episode and then I didn't really do it

again despite all of you really enjoying

it so let's do it today and then

hopefully I remember to do it every

episode going forward the issue that I

want you to think about today comes from

Nicole Shanahan's comments about their

campaign and what their campaign has

gone through more specifically what she

had to say about the dnc's actions so

the lawsuits against Kennedy regarding

ballot eligibility in various States the

social media campaigns Etc do you

believe our justice system should have

consequences for interfering with

another party's political campaign and

to add to that if you answer yes what

actions do you believe rise to the level

of of requiring some sort of consequence

in other words where would that

hypothetical threshold lie in what's

acceptable and what's not when competing

against another party in an election and

this hypothetical is not just about the

DNC by the way let's throw the RNC in

there too ask yourselves these questions

on both sides of the aisle because you

can't say Obviously you know you can't

say one party can interfere and the

other can't so make sure that you're

answering this question while holding

both major parties to the same standard

and when thinking about interference

keep in mind we're not only talking

about interfering with a candidate's

right and ability to run fairly and

freely but also in the citizen's right

to vote so if the DNC or RNC files a

lawsuit and gets a candidate kicked off

of a state ballot is that in

interference with our right as Citizens

to vote in a fair and free election and

who should be able to bring lawsuits

like that is it the States private

citizens political parties who should be

able to challenge ballot eligibility and

if you want to take this a step further

ask yourselves whether there should be

more severe consequences for interfering

with a non- major Party candidate the

underdog if you will these third party

candidates obviously don't have the same

resources that major party candidates do

so ask yourself should there be a

different rule there I know that's a lot

of questions that I just posed but the

beauty of a podcast is that you can

rewind and listen to it as many times as

you need to you you don't even need to

answer all of those questions or any of

them for that matter but the questions

are just here to get you thinking

critically about the issue if you want

to challenge yourselves a little bit

that is what I have for you today thank

you so much for being here have a great

night and I will talk to you tomorrow

[Music]