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See John Dean is an associate a person with a geo security Zelo see information presented the opinions and views expressed are subject to change without notice and may not come to pass registration with the as he does not employ a certain level of skill or training. If finished celebrating 50 years as a pompous hometown station $1520.00 w.p.c. The above go or live community events financial news weather traffic and more service service or say looking for a broad bipartisan consensus might my and my hope at least from some of the comments of the parts of the companies. I've heard at least comments that they are they are open to this kind of disclosure of this little understood factor do it it is illegal to pay for foreign money to find its way in the us the Washington so it's not like we've got to have to rewrite some if I wanted it. So far you can often be able to be very intelligent could be due. To. The show for it or even if from from. There it come from today's accuracy if the supported by are committed or not willing to close the issue given the nature of the rest of the investigation that we might get a thread of intelligence that suggest a possibly an area that I think that we pushed that are true for 15 years if we were to leave it open it's not close. And I think any smart investigation field that open for the committee that's a good image is good at that if funds are trying to be very careful here is if the project mentioned some of these meetings we've talked to most of we also know we would. Just have to be talking with all of the balance the committee members that were being. Take extra cautious here saying we're not reaching final conclusions until we've had those conversations with on. The floor with the deputy from Russia was so overwhelming that it could lead to mitigating the results of the question. But maybe maybe there's a theory people working under all I can tell you is that the votes are counted one person won and. That's how Jim especially since the. Release of your minister for the v. And he pointed out one of the Senate Judiciary Committee has found its own investigation no listen we're focused on our investigation. Everybody has their jurisdictional lines my hope is that they stay within those lines we talk. Regularly but we need to know the special counsel the special counsel is focused on when a criminal acts we're not focused on criminal acts if we find 10 then they're the 1st phone call in the sense for you know the president is in charge with you. Because I spoke you know honestly didn't. Want to see these kind of effort to care of the suffering will protect a country problem before you can sort of beat I'm going after. This and I think as I think that I surely would the fact that it was slow getting the u.s. To recognize this. It didn't take as long as it did for the well known story should be. To run the clock on it so we're not trying to look back and can point to things that are going to everything everybody is doing things on which aren't prospects does the course of the president now take when you're set to speak out against it indeed some kind of another thing an effort to protect I'm not asking the president to of overtaken feeling but we think that we give out of the out of perspiration about progress and assume that that in any way shape or form. Fully in caps. What are funnelled with force it will say but I will say it is with the Bush era where you know that the Department of Homeland Security has taken a different posture it's it's it's his administration I'm sure if it's your refuge for his leadership sure if you were pleased with the purpose of making. Some of the things that the fully we will be able to put out would be in the steps to be deployed in their thought process moving forward Thank you guys thank you for what . You've been listening to Senate Intelligence Committee Chairman Richard Burton vice chairman Mark Warner with an update on Russian interference in the election they say they haven't reached any conclusions yet and they are not going to release any documents including the content of 3000 Facebook ads linked to Russia in other news we're awaiting a statement from President Trump in Las Vegas this is Bloomberg he says w.b. Are New York w.d.c. Agents Mboya both or more Washington w.j.c. Of m.h.d. To Cadence video that you are is here Watertown w x k s Newton w b o as h d 2 Brookline Boston w n b b n w 291 sees the new report that you do not and one's the z m w j m a n h d 2 Boston k n e w Oakland calle as they have one of 3.7 f.m. H.d. To San Francisco and Sirius x.m. Satellite radio channel 119. Comes at a little bit of the law for this Wednesday October 4th I'm Michael best the 1st lawsuit challenging President comes latest plan has been and there is a travel ban clan have to has been filed and if you plead guilty to still try to get your conviction overturned because the law is unconstitutional that's straight ahead but 1st let's get a check on the markets from Bloomberg Charlie pellet and I think very much Michael best we have got the Dow The s. And p. Nasdaq all continuing to advance pushing to records this update is by is Sector spider e.t.f. So why buy a single stock when you can invest in the entire sector visit sector s p d r s dot com or call 1866 sector. E t f right now the s. And p. Is up 4 points to 2538 up 2 tenths of one percent the Dow advancing 35 also a record up 2 tenths of one percent Nasdaq up 7 again there over 110th of one percent the 10 year down for 30 seconds the old 2.34 percent gold higher by $1.00 the ounce to $1272.00 up about a 10th of a percent West Texas Intermediate crude oil below $50.00 a barrel now $4994.00 down one percent crude down 6 tenths of one percent to $5568.00 a barrel I'm Charlie public and that Michael Best is a Bloomberg Business flash Thank you Charlie and September 24th President Trump issued a revised travel ban indefinitely suspending most travel from 6 countries that he had previously done and adding Chad North Korea and also a limited way Venezuela many legal analysts think that the challenge is not as legally vulnerable as previous versions of the ban but we now have the 1st legal challenge to it and some immigration advocates are saying to me the cruelest one yet because it is here exemptions for family members of those already in the United States here to talk with us about the legal challenge to the 3rd version of president trumps travel ban is Erik Larson a Bloomberg News legal reporter Eric tell us what you know this lawsuit many people thought it wouldn't might might not have a as good a chance of winning as the previous ones did because the president might have done a better job in having this one written disorder written what is the basis for that challenge in this new lawsuit. It's very interesting in that light all of the work that it clearly gone into a crime being the 3rd version of the travel ban and putting together a very big national security cation essentially for each of the countries that are on the cooking I think that's in North Korea and but his way of. Thinking. Are there according to the. The latest lawsuit the one that was filed late Monday night by now an Iranian diaspora group that says that once again like the other 2 orders before it is proclamation it discriminates against people based on religion and it therefore violates the Constitution and so in the Immigration and Nationality Act So it's once again going to be up to a judge to decide it sensually whether Trump's own comments on the campaign trail undermine that law Eric in these cases this case involves Iranians in the United States or people who are any and defend the United States who say that family members or potential family members can't you know what are the facts what are the facts about the plaintiffs here. The plaintiffs they're actually they're not named in the law don't claim to take them there are affiliated with an organization called the Iranian alliance is across borders they are essentially trying to get various family members. Into the United States whether they're the un or a sister in law in a lot of them things like that on a new client doesn't have a brain scan more narrow categories in order has more narrow categories than the previous owners didn't terms of who can come in is that right. That's corrected Actually you may recall from the previous order that there were various family members that types of bona fide relationships that they called them that were exempted and there were some court battles over the definition that went up to the print quarter was done down but the travel ban expired and this new one doesn't include any of those exemptions so and it also doesn't have an expiration date the previous travel ban intended to be 90 days that's why it expired this one cabinet or I'm going to have to leave you there thanks to Erik Larson. Bloomberg News legal reporter for being here on Bloomberg Law Coming up we'll be talking about the Supreme Court's oral argument on whether you can challenge your conviction for constitutional reasons even after you have pleaded guilty but 1st let's go to Nathan Hager for a check on the world and national news from the Bloomberg 991 newsroom in Washington d.c. Nathan Michael we've got a lot of news to get to 1st the Senate Intelligence Committee says it's Russia election investigation now more than 8 months old is not over chairman Richard Burr says the probe has expanded beyond the initial intelligence community assessment that Russia did try to influence the election including into a possible Trump team collusion I'm not going to even gosh an issue findings because we haven't any We've got a tremendous amount of documents still to go through her also says his committee won't release the 3000 possibly Russia linked ads that Facebook turned over c.n.n. Reports Facebook will testify before the panel secretary of state Rex Tillerson is refuting it n.b.c. News report that he threatened to resign over the summer has never been a consideration in my mind to leave our service at the appointment of the president and I'm here for as long as the president feels lucky to be useful to achieving is objective as for reports he called President Trump a moron Tillerson said he won't deal with petty stuff President Trump has arrived in Las Vegas he's going to meet today with 1st responders in victims of Sunday's mass killing on the Vegas Strip He leaves behind a fast building gun debate in Washington on war gunman Stephen Paddick use so-called bump stocks to turn his semiautomatic weapons fully automatic build a simple and straightforward ban manufacturing or possession of the accessories that accelerate a semi automatic rifles who rate of fire to that of an automatic Democratic Senator Dianne Feinstein Global News 24 hours a day powered by more than 2700 journalists and analysts in more than 120 countries this is Bloomberg. 1st off you Robots are a great addition to the accounting department your auditing and risk assessment skills are excellent It's official robots inventor of the world of accounting and certified management accountants have mastered the 11 most critical practice areas in business which means they'll be the ones calling the shots for casting outstanding but please stop oiling yourself up in the lunchroom I knew there was a but there's always the c.m.a. 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Heard this news put the World Headquarters I'm Charlie public stocks are moving higher climbing to record this update is brought to you by Commonwealth financial network owned by the industry's most satisfied advisers prepared to be swept off your feet by the broker dealer or I 80 that's been putting relationships 1st since 1979 visit Commonwealths dot com The Dow up 30 points now up 110th of one percent to 22671 as m.p. Advancing 3 to 2537 up 110th of one percent Nasdaq higher a little changed up a point 26532210 you're down for 30 seconds the yield 2.34 percent gold up at $1.44 the arms to $1273.00 up 110th of one percent West Texas Intermediate crude oil pulling back by 9 tenths of one percent to $4996.00 a barrel Brant crude is at 5571 I'm Charlie Pelletier and that's my job as does the Bloomberg Business flash Thank you Charlie we often think that a guilty plea ends a criminal case but it doesn't always do so many defendants who plead guilty nevertheless try to appeal their convictions on various different grounds this Supreme Court today heard a case about whether someone who challenges the legal charges against him is unconstitutional but then plead guilty can nevertheless appeal this conviction on constitutional grounds afterwards here to talk with us about the case are worried a little a professor at the University of California Hastings College of the law and Albert out or a professor of law at Northwestern University worried this is as the Supreme Court arguments always are this is about a case that will have brought up location across criminal cases but the facts of this case and the defendant of self are a little bit atypical. What one usually thinks of in criminal cases when you start by telling us about what the facts are that got this case for the court. Well Mr class you know was arrested and charged a long time ago but his timing in some sense couldn't be worse coming right after the last Vegas shooting massacre class parked a car full of gun on Capitol grounds near the u.s. Capitol his guns were legally owned but he was in a parking lot on the federal property where he wasn't permitted to park and there's a special title statute that says you can't have readily accessible weapons anywhere on Capitol grounds he didn't know that and when he got back to his car they were slamming it and they have done then and he was arrested he was alternately pled guilty to the charge but he wanted to challenge this statute on the 2nd Amendment grounds the 2nd Amendment he says should allow. People to possess a lawful e. And weapon even if they're near the capital when he pled guilty it wasn't clear actually in the dialogue between him and the judge whether he could appeal this or not neither side really got into that issue at all but any father to appeal on appeal the court said you can't take that appeal because you pled guilty so the Supreme Court today was asking when it's not perfectly clear that something is foreclosed does the guilty plea sort of by default foreclose the appeal that's the issue in front of them today how before we get to what actually happened today in court what it but what is it that you know how is the court treated this kind of issue in the past. Well most of your federal constitutional claims are waived by a guilty plea I mean you can't argue and particularly plea that the confession was coerced from you or your. Career was illegally seized. Record some years ago now that there were at least 2 exceptions to that rule you can still look for the claim of double jeopardy then you can still look sort of claim that you're a victim of discriminatory or vindictive prosecution then the question is a was well that's an extreme principle extend to challenging the statute. To which you pleaded guilty. Or you were talking about waivers. You know waivers of your rights as you as you plead guilty can you wave everything going to new plead guilty and if so how clear does it usually have to be yeah Well absolutely you can waive everything and had the government simply ask for a clear waiver you know your appeal will waive your right to raise that 2nd Amendment issue then I think there wouldn't be a case here so the real question is what's the default rule when nobody makes it clear that the people rule that you can raise it or the state called Will that you can and this case may have very broad application to lots of cases or it may turn out to be very limited to just federal pleas and the federal criminal load is only about you know 3 to 5 percent of the criminal cases in the country most cases on the state side part of it will be to see whether the justices sort of extend this to the traditional issue of voluntariness or just a federal rules issue but what can you do under the quilt so how what is so how exactly science this class framing this this case how how is he arguing it. Well he is arguing that this man a Blackledge doctrine that says you can appeal grounds like double jeopardy but that doctrine extends to his case and there's a lot of technical dispute about just how far that doctrine goes but you know keep in mind. And that if even if he pleaded guilty to something that isn't a crime but certainly there ought to be some kind of some kind of remedy out there ought to be some way to begin check out of prison and if it should be it could be it's not just that it's not just the defense experts it's all of our at this in saying that that the alliance. Punished when they're not guilty or crime and getting rid of statutes that keep other people of exercise you know casting spotlights. Were you know one of the. Godhead. Well I want to one of the interesting exchanges the court today was about a case of Loving against region here that's the case but where the court held that people of different races have a constitutional right to marry but the defendants in those you know in that case have pleaded guilty they demanded a bargain and they were banished from Virginia forever and their court decided back without blinking the column out of Virginia even argue that they would be barred from challenging the kind of system but now of the states because they plan to go. Worry do you think if that's the way they're thinking about it that this is going to have a broader application we're about 30 seconds Oh I think it will have a broad application and you know the other interest is finality anybody could challenge that statute and in fact that district court judge said there was no 2nd Amendment problem here at all so we want finality we've got to get guilty could you sort of a final meaning it will just depend on whether they think it was clear here or not I don't think it was clear all right well we're going to be talking more about this case coming up on Bloomberg law including what happened at the Supreme Court today because the case has been winding around for Rob it is finally in front of the justices they've started their October term just this week that's coming up straight ahead on Bloomberg I'm Michael best this is Bloomberg. All money managers may seem pretty much the same. While some money managers may recommend High Commission investment products. Fisher Investments avoids them. Some money managers may have hidden layer fees. Fisher Investments never dies. a job that fits your life go to Glassdoor dot com or download the Today I have some auditing and forecasting for you to robo accounts and you have it done Friday we never sleep Mike or take breaks or sick days it's official robots have entered the world of accounting and certified management accountants have mastered the 11 most critical practice areas in business which means they'll be the ones calling the shots so when you'll have a done ones there's no Friday we need a couple of days to get in the right to see him a certification you've got to earn it as it c.m.a. Certification dot org for details. 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This is Howard Garrett the dirt doctored world is going green So join me Sunday mornings when we explore Ghana gardening landscaping in Paris control to help you be healthier in a more cost effective war you'll be part of the show as we take your calls answering your questions and therefore my shin and advice come or a more natural way to live with me Howard Garrett the dirt all new now Sunday morning said to noon right here on a pop has weekend home town station 1520 w b z w. Against England to New York looking for you to Washington d.c. Bernardino and more to Boston for one of those this one too soon Francisco known 62 countries Syria 6 into one team in the room the Blue Room Burgio Plaza and Bloomberg Radio don't come easy Bloomberg. I'm Michael Best Coming up more on today's Supreme Court argument including what happens when the case got before the justices and the Trump administration delays a rule meant to combat salary discrimination against women and people of color that's straight ahead but 1st let's get a check on the markets from Bloomberg Charlie Pele and I thank you very much Michael best we have got the Dow The s. And p. Nasdaq all pushing higher up by about 110th of one per. Said age that is a record consumer focus shares a leading gains amid data showing a surge in the American services sector as and p. 500 Index up 3 now at 2538 up 110th of one percent the Dow up $33.00 to $22674.00 up about 2 tenths of one percent Nasdaq carbide too little change there at $6533.00 business hiring slowed in September Began With more here's bluebirds Benito to deice payroll provider a.d.p. Says private payrolls rose by a lackluster 135000 last month the smallest gain and 11 months hurricanes ransack the condemnation of Texas and Florida to the Virgin Islands in Puerto Rico leading to a drop in regional hiring the a.p. Data service a harbinger for the government's monthly employment report set for Friday economists anticipate slower growth than the official numbers for September 20. 8th and you're down 330 seconds the yield there are 2.33 percent gold 317 homes the 1274 about 3 tenths of one percent West Texas Intermediate crude down 5 tenths of one percent now at $50.14 a barrel bring crude at $5584.00 I'm Charlie public and that Michael Best is a Bloomberg Business flash Thanks Charlie Bloomberg was brought to you by New Jersey Institute of Technology generating one generating $1700000000.00 in economic activity annually is the state's premier public technological research university learn more on n j i t e d u we are talking with a Altshuler a professor of law at Northwestern University and very little a professor at. Hastings College of the law about a Supreme Court case that was heard today the court heard arguments on a case involving a man who was arrested for having guns in his car when he and on the close to the United States capitol which under federal law you're not allowed to do he claimed it's an. Patricia a lot of the 2nd Amendment and but then pled guilty when he lost that argument he now wants to be able to challenge the constitutionality of the law on appeal despite his guilty plea out you were in court today what how did the justices react to the argument. Well with me it was a very technical argument and the counsel on both sides were asked very tough questions I think the most surprising a moment was just of course it's being very hard on the government's lawyer and and arguing that there was a historic understanding that a guilty plea did not preclude. Arguing on appeal that district is unconstitutional I decided a lot of you know cases going back to the early 19th. Century. So that that was a that was a bit of a surprise I thought most of the laws of the judge Well I you know I think the the the so-called liberals on the court the ones appointed by government grants mostly favored the defendants argument that he could appeal you have to spend most of the most of the so-called conservatives were leaning the the other way although it wasn't entirely clear. Worried this could happen sometimes the criminal case before the court doesn't always quite break down in that the normal roster of judges on the left and the right does it. Well it doesn't although you know let's talk good let's be clear about the politics here the 2nd Amendment argument is one that conservatives have embraced you know if this were another constitutional right it might not be so likely that Gorsuch would suddenly find that the defendant position is sympathetic justice Gorsuch is not a sympathetic guide to criminal and it's generally but the 2nd Amendment gun thing kind of overwhelmed. Maybe there there are other political instincts and I think we have to be realistic about that it's this this is the right argument for the conservative court that we have it the other point that simpleton here and the telescope babble little bit this is the 6 case they have heard argument in this way it's the last of 6 all of the cases they heard this week are really big important cases having to do with immigration and labor law and redistricting of gerrymandering you know there's a little bit of fatigue on a case like this it's not it's not the most or shattering case on the docket and so it tends to sort of I think the justices get a little technical because they're a little bit tired actually. Out putting aside their fatigue for the moment do you do you think that the 2nd Amendment angle on this shape the way that the court approached the arguments today certainly not explicitly I mean that was barely mentioned you know it was mentioned by Will the Council simply in describing the facts of the case that was not mentioned by any of the justices if I remember correctly so I don't I don't think it was a major could be Marlowe I suppose it does color my color. It's not I don't think. The friend and in fact has a terribly attractive 2nd amendment that would appeal to even most of the conservative justices because due process argument little stronger he did because there was no notice of the little bit that there was a place he wasn't supposed to park none of it but he wasn't sure. You get very notice. Well read do you think that there's some argument here is there an argument here that it's not really a voluntary plea if it's not entirely clear whether he waived his constitutional argument for appeal. Well yeah Michel that's exactly right I mean it's kind of a fallback argument for Mr Clash his argument is look even if a guilty plea would. Normally waived issues like this my guilty plea but in particular was unclear the judge was a little bit equivocal a little bit unclear about what was being waived and what was and that's probably an issue that the court would not decide but would rather read banned the case back to the lower court to say well now that we've decided that the fault will you get to decide whether this guy's plea in particular is clear or not caring if that was a very important thing so it seems to me it's entirely possible they'll say hey it's an important constitutional right that's an issue here and when you're waving an appeal about that sort of thing you know loving of Virginia let's make sure it's clear let's make double sure it's clear that maybe their rule you know and loving it was certainly clear I think to everybody that is she was going to be taken up on appeal here I think it wasn't clear at all I think the government thought this was the end of it and they really feel cheated that. This guy pled guilty after after fleeing and they have been rearrested and get him to plead guilty that he's still trying to do this on appeal I think the government feels like that that's really not the right case for that Alan about 15 seconds do you have any sense from the court today which side is going to prevail. I don't agree with or you know I think very very very very hard courts number. One Don't go I don't like it when I'm done crisis. And I suspect the court's going to be all right well our thanks to Al Schiller a professor of law at Northwestern University and we're a little a professor at Hastings College of Law for being here on Bloomberg law today Next up on Bloomberg or we're going to talk about the Trump administration delaying an anti discrimination rule that was put in place by the Obama administration that's coming up straight ahead but 1st let's go to Nathan Hager for a check on the world of national news from the Bloomberg 991 newsroom in Washington d.c. Nation Michael thinks they've been added almost from the start of the Donald Trump presidency the heads of the Senate Intelligence Committee say their investigation into Russian election. Aarons is not over Committee vice chair Mark Warner says what they can say is. A large consensus that they have to into. Political fire homes. To release those finals in an effort to influence the election committee chairman Richard Burr says the probe has expanded beyond the initial intelligence community assessment that Russia tried to interfere in the election he says the question of truck campaign collusion with Russia is still open President Trump has arrived at a Las Vegas hospital he's meeting with victims and medical professionals in the wake of Sunday's mass shooting the presidential motorcade drove past the Mandalay Bay Hotel that's where gunman Stephen Paddick killed 59 people and wounded hundreds more to country music festival across the street the president of Catalonia releases a statement at 3 pm Wall Street time he's expected to outline next steps toward breaking away from Spain and Bloomberg Maria today all reports from Barcelona were not expecting an imminent announcement of a unilateral declaration of independence but we could get a sequence of events that would potentially get to that stage now remember the Catalan parliament will be nice and all Monday this is a crucial meeting because this law that would create and about a republic with them 48 hours have to be enacted by the Catalan parliament even if it gets one of our public and date proclaimed who won't recognize this report like the basic question mark and a lot to be wary of today over Bloomberg News in Barcelona and I Nathan Hager this is gloom burg. What if job searching could be nice like what if you could search for a job research the company and apply all on the same site you can do that on Glassdoor want to know what a job pays before you apply want to job with a shorter commute you can find that on Glassdoor What about insider info from actual employees you can find that on Glassdoor 2 plus interview questions c.e.o. Ratings all on one site so go to Glassdoor dot com or download the app today last or find a job that fits your life 1st off you Robots are a great addition to the accounting department your auditing and risk assessment skills are excellent It's official robots inventor of the world of accounting and certified management accountants have mastered the 11 most critical practice areas in business which means they'll be the ones calling the shots for casting outstanding but please stop oiling yourself up in the lunchroom I knew there was up but there's always the c.m.a. 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Is a little change but higher up one point out a record $2535.00 The Dow up 19 again there are 110th of one percent Nasdaq down $9.00 to $6522.00 a drop there over 110th of one percent we've got the 10 year down to 30 seconds the yield on the 10 year 2.33 percent gold up $336.00 to $1275.00 up about 3 tenths of one percent harboring right around $50.00 a barrel it is down 8 tenths of one percent bring crude is that 5577 a drop there of 4 tenths of one percent I'm Charlie tell attend that Michael Best is a Bloomberg Business flash Thank you Charlie Bloomberg laws brought to you by Jet smarter create private or shared charters on your own time or book seats on shared flights worldwide download the free jet smarter app and use code radio to start flying smarter today for full details visit jet smarter dot com president trumps administration has been rolling back federal regulations on a wide array of issues one of those regulations is that Obama rule that was aimed at combating salary discrimination against women and people of color they administer the traditions delayed the role but a coalition of civil rights groups including the National is Law Center and the Lawyers Committee for Civil Rights Under Law are preparing a legal challenge to the trumpet ministrations delay of implementation here to talk with us about this rule and what the trumpet ministration is doing about it are is Michael sell me a professor at George Washington University Law School Michael why would this rule do in terms of employers and their salary information. The rule was designed to. To provide more information to the federal government regarding pay practices of the large employers currently large an employer's have to provide demographic information about their workforce. And this would have extended their obligations to include paid data. Broadly categorise in the same way that the demographic information is done and it's designed to address pay disparities which is respective women's pay but the information would have been more broad than that and it also would have only gone to the federal government this was not going to be publicly available information. But it was a effort to collect more information by the government with respect to the pay practices of large employers or was the idea to go was the government going to do with this information once it got it well that's a that's a good question it can do a number of different things it can based on the information start investigations of employer practices they do that currently with the demographic information if the they receive the information they have been receiving it for decades and if they see why disparities in an employer's work force say it's all white or there's over way more men than you might expect given the employer the work that they're doing that they can begin the government based on that data can begin an investigation and they could use the pay date in the same way. Whether they would do that or how much action they would do based on the data it's not so clear but they would not be able to. Disseminate the information to private groups who are also gearing up to bring challenges to employers pay practices but this sort of information would remain just what the government would have been confidential. If it's just your reporting statute in the only to govern. It's going to have what is the champ administration saying about it so they haven't said very much yet they did as you noted in the prelude they put the rule on hold. The employers obligations to report such as formation was set to begin in March of 2018 the rule was announced last year was finalized last year so they had some lead time to provide the information which is basically based on the 2 statements and the like but it would certainly be some burden in reporting it deep trouble ministration has put that on hold to review to further review because the Obama administration also reviewed the rule this was not done in formal rulemaking it was done in a more truncated process and. What the challenges now it's at this point is just a for a request by the civil rights groups but they want to know essentially why the Trump administration put it on hold and whether they are simply planning to retract the rule or whether they have some concerns about the potential cost burdens on employers and so far the top ministration has not provided any information of why they put it on hold other than that they want to review it further with respect to potential burdens what do we know about how much of a burden it would be on employers to provide this information wethers why disparities in terms of they projected costs in its rulemaking that they did see. A projected cost of about $15000000.00 for the employers the employer group the member of Commerce estimates of the cost would be closer to $400000000.00 so there was a big gap between the 2 My sense is that there would certainly be costs but it should be mostly a $1.00 time cost. Once these systems were set up to record this information it should be being annually it should just be updating the information and. That's true with the current demographic information on race and gender of the workforce is the pay would be a little bit more complicated to do. But once they figured out how to do it anyway and that's one of the reasons for the delay wasn't entirely clear what was going to be required and how it was going to be done but the cost shouldn't be they should be one time costs was you know if you if there if these groups are gearing up for a legal challenge by doing a Freedom of Information Act request or gathering information. Why do you think there's any sort of procedural problems you're looking at or is it really just a matter of trying to figure out what the Trump administration's rationale is Oh I think these. It's always a gamble when the administration in this instance the Obama administration completes a rule right towards the end of the ministration before it can really be implemented and I think. The civil rights groups. Are probably hoping to find something that might lead to a successful challenge that would require the trumpet ministration to implement the world but that seems unlikely to me especially since it's currently just on hold and. It's possible to that the newly constituted e.s.c. Once they are fully up with Republican majority they could retract the rule as well so it seems to be an effort to try and preserve a rule but I think that's going to it's going to be a significant challenge for them to be successful on that so it sounds like unlike some of the places where the child ministration has run into trouble in say environmental regulations and with their questions about whether they follow the Minister for seizures Act This 1 May actually be an easier one for them to delay I think that's right in part because the e.s.c. Did not fall the Administrative Procedures Act They used a different process so it should be easier to do although it's possible that the. Requests to produce information that sued what top administration it's not supposed to do and to go and be review is just repudiate the rule they would have to it would have to be cost based and it's possible that they didn't have any of that information yet but the fact that it's only on hold also seems like the challenge is likely but bit premature because the top administration has not completed its review of these regulations yet for this regulation Well in about we only have 30 seconds but what would the e.e.o.c. Have to do to withdraw their all. They could. And when they were newly constituted they could I believe just in their procedures just with fraud and probably what they would do is say that they were withdrawing it to reconsider it. And I think we're going to we're going to have to stop there thanks very much to Michael sell me professor at George Washington University Law School Well that's it for this edition of Bloomberg Law We'll be back tomorrow thanks for technical director Sean Kilby in our producer David said Sherman you can find more legal news at Bloomberg Luddite com and Bloomberg b.n.a. Dot com Plus a valuable website for the legal community a big business dot com Coming up on Bloomberg Radio Bloomberg Markets with Carol mastering Cory Johnson they'll be looking at a preview of the September jobs report and what it's like to invest like the mafia that's coming up straight ahead stay tuned for all that and more here on Bloomberg Radio this is Bloomberg. 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