UNBIASED (8/21/24): FTC BAN ON NON-COMPETES BLOCKED, RFK JR. MAY DROP OUT, JOB REVISION, AND MORE.
Summary
TLDROn 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
🏛 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.
🗳️ 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.'
📊 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.
🤔 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.
Mindmap
Keywords
💡Non-compete agreements
💡Federal Judge
💡FTC
💡Anti-Trust Law
💡Administrative Procedure Act
💡RFK Jr.
💡Spoiler Candidate
💡Democratic Party
💡Ballot Eligibility
💡Critical Thinking
💡Oral Arguments
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]
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