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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe FCC Commissioner Echoing Kevin McCarthy Is Married To McCarthy's Counsel
Link to tweet
https://www.huffpost.com/entry/fcc-commissioner-brendan-carr-kevin-mccarthy_n_6132716ae4b04778c004e270
House Minority Leader Kevin McCarthy (R-Calif.) threatened this week to retaliate against telecom and tech companies that comply with a House committees request to preserve call records for certain people connected to the Jan. 6 Capitol attack. McCarthy also warned ― incorrectly, according to legal experts ― that preserving such records would be illegal.
One of the few voices publicly defending McCarthys dubious claim is Federal Communications Commission member Brendan Carr, who has oversight over telecom companies.
But neither Carr nor McCarthy have mentioned their clear conflict of interest as they echo each others arguments: Carr is married to McCarthys general counsel, Machalagh Carr.
She has been McCarthys general counsel since March 2019, per her account on Legistorm, a database of biographical information on Capitol Hill staffers. And as the GOP leaders counsel, she almost certainly had a hand in crafting a statement by McCarthy on Tuesday claiming that the telecom companies would be engaging in illegal behavior ― the same claim her husband has echoed in his capacity as an FCC commissioner.
*snip*
onecaliberal
(32,786 posts)Lovie777
(12,218 posts)republicans don't think rules, laws, general ethics pertain to them.
leftieNanner
(15,070 posts)Until there are consequences for their behavior.
We need some serious consequences for these assholes NOW!
Budi
(15,325 posts)Thanks Huffpo!
Pull the noxious weed up by its roots
May it be shouted & trended across the country.
Conveniently appointed to McCarthys general counsel since March 2019
malaise
(268,730 posts)Get thee to the greatest page
Thunderbeast
(3,400 posts)is a giant, well funded criminal conspiracy with it's own cable networks and radio stations.
Lonestarblue
(9,958 posts)It seems there is still much of the Trump rot to clean out of the federal government.
onenote
(42,611 posts)berni_mccoy
(23,018 posts)This is an indictable offense.
SWBTATTReg
(22,077 posts)retention requirements...also, if you got served w/ with legal documents from a Court, the retention periods of said call recordings could be much longer...
[T]he FCC requires that carriers keep CDR for all toll calls for a period of 18 months (if you want to read the actual language, the cite is 47 C.F.R. §42.6). Some states have different retention periods that exceed the federal requirement. In addition, some states simply defer to the FCCs then-applicable retention period while other states are silent on the matter altogether.
Accordingly, carriers need to retain CDR for a minimum of 18 months, and for a longer period of time if you do business in a state with retention requirements exceeding federal requirements. Below is a list of the applicable CDR retention periods by jurisdiction.
18 Months New York, Ohio
2 Years Arkansas, Colorado, Illinois, New Hampshire, New Mexico, Oklahoma, Wyoming
3 Years Florida, Missouri, Virginia
States Deferring to FCC
Alabama, Delaware, Georgia, Hawaii, Indiana, Iowa, Maryland, Michigan, Minnesota, Mississippi, Nebraska, Pennsylvania, South Carolina, Tennessee, Vermont, Washington, West Virginia
No State Law
Alaska, Arizona, California, Connecticut, District of Columbia, Idaho, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Montana, Nevada, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah, Wisconsin
Hybrid
New Jersey wholesale CDR must be retained for 18 months and retail CDR and billing records must be retained for 6 years
ananda
(28,838 posts)ASAP
BumRushDaShow
(128,551 posts)note that the FCC, like a number of other governmental entities (like the Postal Board), is considered an "independent agency", where their officials consist of a "board" of members vs a single appointee, and those members have terms of office (usually staggered and overlapping) that have been codified into law.
Most of these types of agencies have a provision where they could be removed by the Executive Branch (President) "for cause", but that needs the proper justifications to pass court muster.
In the case of the FCC, Carr's term is not up until 2023 and the FCC also has a vacancy and a Democratic slot that is on an extension. So like so much else beyond what Biden has been trying to do in the short time he has been in office, that vacancy needs to be filled and the Democrat who is on extension after her term expired last year needs to have a replacement ready to go (apparently can't continue beyond the extension date, with drop dead date being January 2022).
It's a shame that Biden has to try to pack 4 years worth of stuff in a year, but given our precarious position in Congress, it's become a "now or never" thing, so I get that urgency.
Hekate
(90,565 posts)BumRushDaShow
(128,551 posts)You updated your sig graphic.