'My Eyebrows Moved': No Student Loan Plan B, D.C.'s Carjacking Penalties and Kirby on the Lab Leak (March 2, 2023)

President Joe Biden had just told reporters he was not sure the Supreme Court would uphold his student loan plan, and a reporter asked the White House why there was no backup. “The President told us on the lawn yesterday, we’re ‘confident [we’re] on the right side of the law, but… not confident about the outcome of the decision yet,’” the reporter said. “Or why is the White House not preparing a plan B to help those who have student loans know what they need to do to prepare themselves if it’s rejected by the court?” [1]

“Because we’re confident in our legal authority,” press secretary Karine Jean-Pierre said [1].

“Well, he just said he’s not confident in the outcome, though,” the reporter answered. “But, of course, who would know how the Supreme Court is going to go? No one knows how the Supreme Court is going to rule,” Jean-Pierre said [1].

“Well, you have a pretty good sense because it’s a 6-3 conservative lean right now,” the reporter said [1].

The video above shows the exchange at the March 2, 2023, briefing. Quotes are from the official transcript published by the American Presidency Project [1].

”My Eyebrows Moved”

The back-and-forth got tangled. “Let me — let me finish. No, let me —” Jean-Pierre said. “All right, I thought you were finished. I’m listening,” the reporter replied. “My eyebrows moved.” [1]

The transcript records laughter. Then Jean-Pierre made her case: “what the SG made very clear yesterday, and we believe this — and I actually spoke to the President about this this morning — is that our opponents don’t have the standing or the merits on their argument.” [1]

“Lowering Penalties for Carjacking”

The first question of the briefing was about a surprise from the President. “The President just tweeted a couple of — maybe two minutes ago regarding the D.C. Home Rule, saying he would sign the resolutions, if they pass the Senate, to overturn the changes to D.C.’s criminal code,” a reporter said [1].

Jean-Pierre said Biden still backed statehood, but “this is different.” “The D.C. Council put changes forward over the mayor’s objections. And the President doesn’t support changes like lowering penalties for carjacking,” she said [1].

Weeks earlier, most House Democrats had voted the other way. When the House passed the resolution on Feb. 9, 2023, it was 250 to 173. All 219 Republicans voted yes; 173 Democrats voted no and 31 voted yes, according to the House Clerk [2].

”A Change of Heart”

The White House had been on the other side a month earlier. In a Statement of Administration Policy on Feb. 6, 2023, the White House budget office wrote: “The Administration opposes H.J. Res. 24” and “H.J. Res. 26, Disapproving the Action of the District of Columbia Council in Approving the Revised Criminal Code Act of 2022.” It added: “Congress should respect the District of Columbia’s autonomy to govern its own local affairs.” [6]

At the end of the briefing, a reporter came back to it. “And not to beat a dead horse on the D.C. crime bill, but I think there just still is some confusion here. Because given the difference between the SAP that came out earlier last month and the announcement today, what led to this change of heart? Because it does seem there was a change of heart.” [1]

“Look, what I can tell you is what the President said himself and just repeat that,” Jean-Pierre said. “And if the Senate sends the bill — this particular bill to his desk — he will sign it.” [1]

“So nothing changed in his mindset between February 6th and today?” the reporter asked. “I’m just going — I’m just laying out where the President is today as this is coming — this is going to be coming before him, and he is going to sign it,” Jean-Pierre said [1].

”Would the President Just Let That Slide?”

A reporter asked National Security Council spokesman John Kirby about a bill to declassify intelligence on the origins of COVID-19. “So, a bill requiring the DNI to declassify the COVID origins intel passed the Senate. If it passes the House too, would President Biden sign it?” [1]

“I won’t get ahead of the President’s decision-making, Peter,” Kirby said. “But there’s still no consensus.” [1]

“But we’ve got the FBI Director saying, ‘Most likely a potential lab incident’ in Wuhan. If — if a foreign country came to the United States and killed 1.1 million Americans with guns, would the President just let that slide?” the reporter asked. “Nobody is letting anything slide,” Kirby said [1].

”How Is Baby Karine Doing?”

Before the questions, Jean-Pierre welcomed back a reporter who had become a father. “I forgot to tell Peter to welcome back and congratulations on being a dad. And how is baby Karine doing?” she joked, to laughter [1].

“I do have a lot of hard questions for her when I get home,” the reporter answered. “I don’t want to say the next word that I want to say to that,” Jean-Pierre said [1].

By the Numbers

6-3: the Supreme Court’s conservative majority, as the reporter noted, and the vote that ended the plan [1][4].
$430 billion: the student loan principal the plan would have canceled, per the Court [4].
Feb. 6, 2023: the day the White House said it opposed the D.C. resolution [6].
250-173: the House vote to block D.C.’s criminal code changes [2].
31: House Democrats who voted with Republicans [2].
March 20, 2023: the day the D.C. resolution and the COVID bill both became law [3][5].
1.1 million: American COVID-19 deaths cited in the question to Kirby [1].

What Happened Next

Biden signed it. The resolution became Public Law 118-1, “Disapproving the action of the District of Columbia Council in approving the Revised Criminal Code Act of 2022.” It was “Approved March 20, 2023” [3].

Biden signed the COVID bill. On March 20, 2023, the “COVID-19 Origin Act of 2023” became Public Law 118-2. It states that “there is reason to believe the COVID-19 pandemic may have originated at the Wuhan Institute of Virology” [5]. For what Kirby said next, see HYGO News’ page on the lab leak.

The Court ruled. On June 30, 2023, the Supreme Court struck down the plan in Biden v. Nebraska. Chief Justice John Roberts, writing for six justices, said the HEROES Act did not give the Education Secretary the power to cancel $430 billion in loan principal: “It does not.” [4] For that ruling and Biden’s response, see HYGO News’ page on the Supreme Court decision.