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INAUGURATION 2029

Marie: I don't know why this video came up on my YouTube recommendations, but it did. I watched it on a large-ish teevee, and I found it fascinating. ~~~

 

Hubris. One would think that a married man smart enough to start up and operate his own tech company was also smart enough to know that you don't take your girlfriend to a public concert where the equipment includes a jumbotron -- unless you want to get caught on the big camera with your arms around said girlfriend. Ah, but for Andy Bryon, CEO of A company called Astronomer, and also maybe his wife, Wednesday was a night that will live in infamy. New York Times link. ~~~

Commencement ceremonies are joyous occasions, and Steve Carell made sure that was true this past weekend (mid-June) at Northwestern's commencement:

~~~ Carell's entire commencement speech was hilarious. The audio and video here isn't great, but I laughed till I cried.

CNN did a live telecast Saturday night (June 7) of the Broadway play "Good Night, and Good Luck," written by George Clooney and Grant Heslov, about legendary newsman Edward R. Murrow's effort to hold to account Sen. Joe McCarthy, "the junior senator from Wisconsin." Clooney plays Murrow. Here's Murrow himself with his famous take on McCarthy & McCarthyism, brief remarks that especially resonate today: ~~~

     ~~~ This article lists ways you still can watch the play. 

New York Times: “The New York Times Company has agreed to license its editorial content to Amazon for use in the tech giant’s artificial intelligence platforms, the company said on Thursday. The multiyear agreement 'will bring Times editorial content to a variety of Amazon customer experiences,' the news organization said in a statement. Besides news articles, the agreement encompasses material from NYT Cooking, The Times’s food and recipe site, and The Athletic, which focuses on sports. This is The Times’s first licensing arrangement with a focus on generative A.I. technology. In 2023, The Times sued OpenAI and its partner, Microsoft, for copyright infringement, accusing the tech companies of using millions of articles published by The Times to train automated chatbots without any kind of compensation. OpenAI and Microsoft have rejected those accusations.” ~~~

     ~~~ Marie: I have no idea what this means for "the Amazon customer experience." Does it mean that if I don't have a NYT subscription but do have Amazon Prime I can read NYT content? And where, exactly, would I find that content? I don't know. I don't know.

Washington Post reporters asked three AI image generators what a beautiful woman looks like. "The Post found that they steer users toward a startlingly narrow vision of attractiveness. Prompted to show a 'beautiful woman,' all three tools generated thin women, without exception.... Her body looks like Barbie — slim hips, impossible waist, round breasts.... Just 2 percent of the images showed visible signs of aging. More than a third of the images had medium skin tones. But only nine percent had dark skin tones. Asked to show 'normal women,' the tools produced images that remained overwhelmingly thin.... However bias originates, The Post’s analysis found that popular image tools struggle to render realistic images of women outside the Western ideal." ~~~

     ~~~ Marie: The reporters seem to think they are calling out the AI programs for being unrealistic. But there's a lot about the "beautiful women" images they miss. I find these omissions remarkably sexist. For one thing, the reporters seem to think AI is a magical "thing" that self-generates. It isn't. It's programmed. It's programmed by boys, many of them incels who have little or no experience or insights beyond comic books and Internet porn of how to gauge female "beauty." As a result, the AI-generated women look like cartoons; that is, a lot like an air-brushed photo of Kristi Noem: globs of every kind of dark eye makeup, Scandinavian nose, Botox lips, slathered-on skin concealer/toner/etc. makeup, long dark hair and the aforementioned impossible Barbie body shape, including huge, round plastic breasts. 

New York Times: “George Clooney’s Broadway debut, 'Good Night, and Good Luck,' has been one of the sensations of the 2024-25 theater season, breaking box office records and drawing packed houses of audiences eager to see the popular movie star in a timely drama about the importance of an independent press. Now the play will become much more widely available: CNN is planning a live broadcast of the penultimate performance, on June 7 at 7 p.m. Eastern. The performance will be preceded and followed by coverage of, and discussion about, the show and the state of journalism.”

 

Contact Marie

Email Marie at constantweader@gmail.com

Constant Comments

Success is not final, failure is not fatal: it is the courage to continue that counts.

Success is not final, failure is not fatal; it is the courage to continue that counts. — Anonymous

A nation of sheep will beget a government of wolvesEdward R. Murrow

Publisher & Editor: Marie Burns

I have a Bluesky account now. The URL is https://bsky.app/profile/marie-burns.bsky.social . When Reality Chex goes down, check my Bluesky page for whatever info I am able to report on the status of Reality Chex. If you can't access the URL, I found that I could Google Bluesky and ask for Marie Burns. Google will include links to accounts for people whose names are, at least in part, Maria Burns, so you'll have to tell Google you looking only for Marie.

Thursday
Aug052021

The Commentariat -- August 6, 2021

Late Morning/Afternoon Update:

Morgan Chalfant of the Hill: "President Biden on Friday gave a sober message on a strong July jobs report, saying the nation needs to get more people vaccinated to keep the economy growing strongly. 'My message today is not one of celebration. It's one to remind us we got a lot of hard work left to be done both to beat the delta variant and to continue our advance of economic recovery,' Biden said in remarks from the White House. 'This is a pandemic of the unvaccinated, so we have to get more people vaccinated.'" ~~~

~~~ President Biden, in bid to be impeached, irresponsibly wears tan suit to deliver "sober message":

South Dakota to Hold Second Annual Mass Infection Event, Again Plans to Spread Covid Around the U.S. Erin Shumaker of ABC News: "South Dakota's Sturgis Motorcycle Rally, which begins Friday and runs through Aug. 15, is expected to draw upwards of 700,000 attendees. Last year's rally, which took place during the height of the United States' summer surge, had more than 400,000 estimated attendees, many of whom didn't wear masks as they patronized bars, restaurants and concerts.... Republican Gov. Kristi Noem supports the rally, a major economic driver in the state. 'There's a risk associated with everything that we do in life,' Noem wrote on Twitter Wednesday." MB: Yup. There's a risk with jumping out of a plane without of a chute, too. So, hey, why not?

Laurie McGinley & Lena Sun of the Washington Post: "Federal health officials are racing to ensure that millions of Americans with weakened immune systems can get additional shots of coronavirus vaccines to protect them against the highly contagious delta variant. The actions could mean the extra shots would be authorized in days or weeks, according to federal officials who spoke on the condition of anonymity because the plan has not been announced.

The New York Times' live updates of Covid-19 developments Friday are here.

Jacob Bogage of the Washington Post: "The U.S. Postal Service will pay $120 million over the next five years to a major logistics contractor that Postmaster General Louis DeJoy previously helped lead and with which his family maintains financial ties, according to DeJoy's financial disclosure statements. The new contract will deepen the Postal Service's relationship with XPO Logistics, where DeJoy served as supply chain chief executive from 2014 to 2015 after the company purchased New Breed Logistics, the trucking firm he owned for more than 30 years. Since he became postmaster general, DeJoy, DeJoy-controlled companies and his family foundation have divested between $65.4 million and $155.3 million worth of XPO shares.... But DeJoy's family businesses continue to lease four North Carolina office buildings to XPO.... The previously unreported agreement will see XPO take over operations at two crucial sorting and distribution facilities in Atlanta and Washington, D.C."

Mike Lindell absolutely, positively proves Donald Trump won the 2020 election CNN report Drew Griffin confronts MyPillow Guy about his ridiculous claims of 2020 election fraud. It's embarrassing just to watch that Guy:

Leslie Josephs of CNBC: "United Airlines will require its 67,000 U.S. employees to get vaccinated against Covid by no later than Oct. 25 or risk termination, a first for major U.S. carriers that will likely ramp up pressure on rivals. Airlines including United have so far resisted vaccine mandates for all workers, instead offering incentives like extra pay or time off to get inoculated. Delta Air Lines in May started requiring newly hired employees to show proof of vaccination. United followed suit in June."

Neil Irwin of the New York Times: "America is getting back to work. That's the simplest, clearest analysis of the labor market that emerges from nearly every line of the July employment numbers released Friday morning. It is a welcome sign that, as of the middle of last month, the economy is healing rapidly -- and that the previous couple of months reflected healthier results than previously estimated. There are caveats worth mentioning: The surveys on which this data are based were taken before people were worrying very much about the Delta variant of the coronavirus; the share of Americans participating in the work force hasn't really budged; and we still haven't achieved the kind of one-million-plus monthly job gains that seemed plausible back in the spring." Related stories linked under today's Ledes.

Paul Krugman of the New York Times: "... the Democrats-only part of the public investment [infrastructure] program probably will include some genuine sources of new revenue, if only to satisfy moderates still unduly worried about debt. But when it comes to finding these 'pay-fors,' the G.O.P.'s refusal to raise taxes or even try to collect taxes owed under current law may have done Democrats a favor. Why? Because Democrats can now pay for a lot of what they want with extremely popular policies. Polls consistently show strong support for raising taxes on corporations and the wealthy. I haven't seen polling on the idea of getting wealthy tax cheats to pay what they owe, but I think we can safely assume that this would be even more popular. So Republicans have offered Democrats a golden opportunity to show themselves both fiscally responsible and on the side of hard-working Americans as opposed to cheating elites." Thanks to PD Pepe for the link.

9/11 Familes Play Hardball. Courtney Kube of NBC News: "Nearly 1,800 Americans directly affected by the Sept. 11, 2001, terrorist attacks are opposing President Joe Biden's participation in any memorial events this year unless he upholds his pledge to declassify U.S. government evidence that they believe may show a link between Saudi Arabian leaders and the attacks. The victims' family members, first responders and survivors will release a statement Friday calling on Biden to skip 20th-anniversary events in New York and Shanksville, Pennsylvania, and at the Pentagon unless he releases the documents, which they believe implicate Saudi officials in supporting the acts of terrorism. The group says that as a candidate Biden pledged to be more transparent and release as much information as possible but that his administration has since then ignored their letters and requests.... 'Through multiple administrations, the Department of Justice and the FBI have actively sought to keep this information secret and prevent the American people from learning the full truth about the 9/11 attacks,' the participants wrote." ~~~

     ~~~ Marie: Unless DOJ has this info sitting ready to go, I don't see how they could get it out in a month. But the department should figure out a way.

~~~~~~~~~~

Coral Davenport of the New York Times: "President Biden on Thursday announced a multistep strategy aimed at rapidly shifting Americans from gasoline-powered cars and trucks toward electric vehicles -- a central part of his plan to reduce the pollution that is heating the planet. Mr. Biden is first restoring and slightly strengthening auto mileage standards to the levels that existed under President Barack Obama but were weakened during the Trump administration. The new rules, which would apply to vehicles in the model year 2023, would cut about one-third of the carbon dioxide produced annually by the United States and prevent the burning of about 200 billion gallons of gasoline over the lifetime of the cars, according to a White House fact sheet.... Mr. Biden's actions amount to an attempt to overhaul a major American industry in order to better compete with China, which makes about 70 percent of the world's electric vehicle batteries." (This is an update of a story linked yesterday.) ~~~

     ~~~ Video of President Biden's remarks is here. ~~~

     ~~~ Josh Lederman of NBC News: "President Joe Biden took the wheel of a plug-in Jeep Wrangler to tout electric vehicles on Thursday after signing an executive order setting a national goal for zero-emissions vehicles to make up half of new cars and trucks sold by 2030. Aiming to show buy-in from the auto industry, Biden was joined at the White House by Ford and GM executives, along with leaders from the United Auto Workers. In addition to setting the 50 percent-by-2030 goal, the executive order will also kick off the process to replace ... Donald Trump's more relaxed tailpipe and emissions standards with stricter ones, officials said." (This is an update of story linked yesterday.) ~~~

     ~~~ Uh, Here's a Downside to Electric Vehicles. Faiz Siddiqui of the Washington Post: "Automakers including General Motors, Audi and Hyundai have recalled electric vehicles over fire risks in recent years and have warned of the associated dangers. Chevrolet last year advised owners not to charge their vehicles overnight or keep their fully charged vehicles in garages. It recalled more than 60,000 of its Bolt electric vehicles over concerns about the cars spontaneously combusting while parked with full batteries or charging, after reports of five fires without prior impact damage. The company issued another recall last month covering the same vehicles after two reports of battery fires in repaired vehicles."

Tyler Pager of the Washington Post: "President Biden signed legislation Thursday to award the Congressional Gold Medal to police who defended the U.S. Capitol during the Jan. 6 insurrection, taking the opportunity to mount his starkest pushback yet against an emerging narrative that the attack was a patriotic protest. 'It wasn't dissent. It wasn't debate. It wasn't democracy,' Biden said during a somber ceremony in the Rose Garden. 'It was insurrection. It was riot and mayhem. It was radical and chaotic, and it was unconstitutional. Maybe most important, it was fundamentally un-American.... The tragedy of that day deserves the truth above all else,' the president said. 'We cannot allow history to be rewritten. We cannot allow the heroism of these officers to be forgotten. We have to understand what happened -- the honest and unvarnished truth. We have to face it. That's what great nations do.'" ~~~

Alan Rappeport & Emily Cochrane of the New York Times: "Republicans and Democrats rushed on Thursday to line up a Senate vote to pass the $1 trillion bipartisan infrastructure bill, working to clear away the final obstacles despite a finding by Congress's official scorekeeper that the bill would add more than $250 billion to the federal deficit over the next decade.... It followed an estimate from the nonpartisan Congressional Budget Office on the cost of the legislation, which was one of the last major hurdles to passing it. The office calculated that nearly half of the new spending -- $256 billion -- would be financed by adding to the nation's debt from 2021 to 2031, contradicting the claims of Republican and Democratic proponents that the measure would fully pay for itself." ~~~

     ~~~ Marie: Yeah But. Wa-a-ay down the page (Paragraph 17!) the reporters mention the reason for the deficit spending: "... Republicans ruled out raising taxes and beefing up I.R.S. enforcement of tax cheats and Democrats balked at increasing fees for drivers." ~~~

     ~~~ Kevin Freking & Lisa Mascaro of the AP: "The package had appeared on track for eventual Senate passage, a rare accord between Republicans and Democrats joining on a shared priority that also is essential to President Joe Biden's agenda. But senators hit new problems late Thursday as they worked late into the night on amendments. A procedural vote was set for Saturday."

McConnell Threatens to Cripple Federal Government. Alan Fram of the AP: "Republicans will oppose raising the federal debt limit if Democrats pursue their $3.5 trillion, 10-year plan to strengthen social and environment programs, Senate Minority Leader Mitch McConnell said Thursday. The Kentucky Republican's threat was the most explicit he has been about his desire to force Democrats to either take the politically unpopular step of unilaterally renewing the government's borrowing authority or pare back President Joe Biden's domestic policy agenda. His remarks suggest that another high-stakes budget showdown between the two parties, with the government's financial soundness in the balance, may be on tap."

Betsy Swan & Nicholas Wu of Politico: "A key House committee has postponed multiple scheduled witness interviews about Donald Trump's final days in office, handing them off to the select panel investigating the Jan. 6 Capitol attack. 'As the Oversight Committee continues its crucial oversight work, we look forward to the Select Committee fully exposing the former president's unconstitutional attacks on our democracy and attempts to stay in power after the American people voted him out of office,' House Oversight Committee Chair Rep. Carolyn Maloney (D-N.Y.) said in a statement to Politico Thursday.... The shift in the investigation did not appear to affect the upper chamber; a Senate Judiciary Committee spokesperson said Thursday that the panel is beginning to interview witnesses this week in its own inquiry. The chair of that panel, Sen. Dick Durbin (D-Ill.), told Politico that his committee planned to interview two Trump-era DOJ Justice Department officials soon."

Laurence Tribe, Barbara McQuade & Joyce Vance in a Washington Post op-ed: "As evidence of Donald Trump's efforts to overturn the 2020 election mounts, the time has come for the Justice Department to begin, if it hasn't already, a criminal investigation of the former president's dangerous course of conduct.... If [Merrick] Garland's Justice Department is going to restore respect for the rule of law, no one, not even a former president, can be above it. And the fear of appearing partisan cannot be allowed to supersede that fundamental precept..... None of [the] facts alone proves a crime beyond a reasonable doubt, but together they clearly merit opening a criminal investigation, which would allow prosecutors to obtain phone and text records, emails, memos and witness testimony to determine whether Trump should be charged." The authors list a number of federal crimes that may have occurred. ~~~

     ~~~ Marie: Evan Perez of CNN noted on-air Thursday that DOJ has turned over to Congress documents that appear to be evidence of criminal activity on the part of Trump & some of his allies. Since DOJ would normally keep confidential evidence of crimes, it appears the Department is not conducting or contemplating a criminal investigation. Another pundit (whose name I don't know) contributing to the discussion pointed out that Trump's efforts to overturn the 2020 election were of a piece with Republicans' continuing effort to suppress Democratic votes. Therefore if the DOJ does not pursue charges against Trump, Garland's stated interest in promoting voting rights seems mighty hollow. ~~~

     ~~~ Why, Here's Merrick Now. Merrick Garland in a Washington Post op-ed: "[The] invaluable framework [provided by the Voting Rights Act of 1965] was upended in 2013, when the Supreme Court's decision in Shelby County v. Holder effectively eliminated the act's preclearance protections. Without that authority, the Justice Department has been unable to stop discriminatory practices before they occur. Instead, the Justice Department has been left with costly, time-consuming tools that have many of the shortcomings that plagued federal law prior to 1965. Notwithstanding these setbacks, the Justice Department is using all its current legal authorities to combat a new wave of restrictive voting laws.... It is time for Congress to act again to protect that fundamental right."

Ned Foley of Election Law Blog: "As much as I'm concerned about the risk that on January 6, 2025 there will a successful subversion of the popular vote caused by an abuse of the procedures set forth in the Electoral Count Act, I'm concerned about other ways that the Electoral College system might be gamed so that partisan manipulation of the process prevents the winner of the 2024 presidential election being the candidate preferred by a majority of the nation's voters.... The Constitution's system for presidential elections remains ... profoundly undemocratic and susceptible to manipulation.... It won't necessarily take a coup to defeat the will of the majority; all it may take is using the existing procedures enshrined in the Constitution for over two hundred years."

Steve M. "Richard Hasen ... thinks a 2024 steal of the election could come about not as the result of a riot, but from the courts accepting the notion that (Republican-controlled) legislatures can simply reject vote counts.... Hasen believes the courts could well hand one or more GOP-run legislatures the right to overturn election results.... Challenges to this Pennsylvania Supreme Court ruling failed in the federal courts, and other pro-Trump challenges also failed, but four Republican judges on the U.S. Supreme Court expressed support for the notion that legislatures have absolute power to decide how elections are conducted... [But] As I've said before, [most Republicans] want to steal elections the old-fashioned way: by making sure that many Democrats can't vote. That way the results never show a Democrat winning, and the election looks fair. They're working on that in Georgia...." Steve liberally cites an article by Hasen in Slate. It's firewalled, and it's here.

"It's Going to Be Huge." Mary Papenfuss of the Huffington Post: "The former data chief for Donald Trump's 2016 campaign has announced a protest next month at the nation's Capitol -- to rail on behalf of so-called 'political prisoners' charged in the Jan. 6 insurrection. 'We're going back to the Capitol, right where it started. And it's going to be huge,' Matt Braynard told former White House strategist Steve Bannon as he announced the rally on Bannon's podcast last week. The protest, 'Justice for J6,' has been set for Sept. 18 at the Capitol. It's being orchestrated by the group Look Ahead America, headed by Braynard.... Braynard told Bannon the crowd [January 6] was 'largely peaceful' -- and simply 'egged on in many cases by the Capitol Police.'"

Devlin Barrett of the Washington Post: "A four-year probe by the Justice Department Inspector General could not determine who in the FBI spoke to reporters about sensitive subjects during the 2016 election, or find evidence that Rudolph W. Giuliani had inside information about an investigation into Hillary Clinton that upended the race in its final days. The report issued Thursday by Inspector General Michael Horowitz said there were 'substantial media contacts' with numerous FBI employees, but the evidence could not determine 'whether these media contacts resulted in the disclosure of nonpublic information.' Horowitz faulted what he called 'a cultural attitude at the FBI that was far too permissive of unauthorized media contacts in 2016.'... A 2018 inspector general report about the Clinton case was highly critical of [then-FBI Director James] Comey and his former boss, Attorney General Loretta E. Lynch. But Horowitz's office spent three more years working on the leak-hunting portion of the investigation, and came up largely empty." (Also linked yesterday.) The New York Times story is here.

FTC Calls BS on Facebook. Cristiano Lima of the Washington Post: "The Federal Trade Commission has dismissed as 'inaccurate' Facebook's claim that it cut off a group of researchers' access to data to comply with a privacy agreement with the agency.... On Tuesday, the social media giant disabled the accounts of researchers at the New York University Ad Observatory, which tracks digital advertisements on the platform, saying in a blog post it did so to comply with a privacy order it struck with the FTC.... The decision and Facebook's justification drew backlash from lawmakers who accused the company of erroneously citing privacy concerns to escape scrutiny from independent researchers. The agency rejected Facebook's assertion in a letter sent to Facebook CEO Mark Zuckerberg on Thursday, penned by Acting Director for the Bureau of Consumer Protection Samuel Levine. 'Had you honored your commitment to contact us in advance, we would have pointed out that the consent decree does not bar Facebook from creating exceptions for good-faith research in the public interest,' he wrote." Levine's letter to Zuckerberg is here.

Tucker Is So Orwellian. Jamelle Bouie of the New York Times: "Tucker Carlson is only the latest -- and most famous -- American conservative to find inspiration in the autocratic government of Hungary under Viktor Orban.... To critics, Orban's Hungary is corrupt, repressive and authoritarian, a place where democracy is little more than window-dressing and the state exists to plunder the public on behalf of a tiny ruling elite. To Carlson, it's a model for the United States, a showcase for anti-immigrant policies and reactionary cultural politics.... We've seen this before. Many times, in fact.... I am inclined to follow the lead of Jeet Heer, a columnist at The Nation, who sees this enthusiasm as a form of 'transferred nationalism,' a term borrowed from George Orwell's famous 1945 essay 'Notes on Nationalism.'" ~~~

~~~ ** Zack Beauchamp of Vox: "This week, America's most watched cable news host is broadcasting from an authoritarian state -- not to criticize its leadership but to praise it. Fox's Tucker Carlson is currently in Budapest, airing his show from Hungary's capital city. In his Monday monologue, Carlson told his listeners that they should pay attention to Hungary 'if you care about Western civilization, and democracy, and family -- and the ferocious assault on all three of those things by leaders of our global institutions.' He tweeted out a friendly photo with Hungarian Prime Minister Viktor Orbán and is confirmed to speak at a government-supported conference in Budapest on Saturday.... Fox's marquee host is aligning himself with a ruler who has spent the past 11 years systematically dismantling Hungary's free political system.... Right-wing observers, typically social conservatives and nationalists, see Orbán's willingness to use state power against the LGBT community, academics, the press, and immigrants as an example of how conservatives can fight back against left-wing cultural power.... Carlson's visit to Budapest, a follow-up to previous pro-Orbán coverage, shows that this authoritarian envy is no longer confined to a fringe." (Also linked yesterday.)

Noam Scheiber of the New York Times: "Richard Trumka, the president of the A.F.L.-C.I.O., the nation's pre-eminent labor federation, for the last 12 years and an influential voice in Democratic politics, died on Thursday. He was 72. The federation confirmed the death. The cause was a heart attack, according to an A.F.L.-C.I.O. official, who did not say where Mr. Trumka died. Senator Charles Schumer of New York, the Democratic leader, announced the death on the Senate floor. 'The working people of America have lost a fierce warrior at a time when we needed him most,' Mr. Schumer said in an emotional tribute." (Also linked yesterday.) ~~~

The Pandemic, Ctd.

Annie Linskey & Tyler Pager of the Washington Post: "The Biden administration is considering using federal regulatory powers and the threat of withholding federal funds from institutions to push more Americans to get vaccinated -- a huge potential shift in the fight against the virus and a far more muscular approach to getting shots into arms, according to four people familiar with the deliberations. The effort could apply to institutions as varied as long-term-care facilities, cruise ships and universities, potentially impacting millions of Americans, according to the people.... The conversations are in the early phases and no firm decisions have been made...."

Jeff Stein of the Washington Post: "After White House legal advisers found he could not extend a national eviction moratorium, President Biden told Chief of Staff Ron Klain to seek the advice of Harvard law professor emeritus Laurence Tribe about whether an alternative legal basis could be devised for protecting struggling renters across the country, according to a person familiar with the matter. The private phone call between Klain and Tribe -- held Sunday amid a national outcry over the expiring moratorium -- set in motion a rapid reversal of the administration's legal position that it could not extend the eviction ban. Tribe suggested to Klain and White House Counsel Dana Remus that the administration could impose a new and different moratorium, rather than try to extend the existing ban in potential defiance of a warning from Supreme Court Justice Brett M. Kavanaugh, the person said.... After the administration announced last week that it could not find a legal justification for extending the ban, House Speaker Nancy Pelosi (D-Calif.) recommended to the White House that Biden seek out Tribe's counsel, according to one person familiar with the matter." (Also linked yesterday.)

The New York Times' live updates of Covid-19 developments Thursday are here: "The powerful protection offered by Moderna's Covid vaccine does not wane in the first six months after the second dose, according to a statement released by the company on Thursday morning in advance of its earnings call. But in slides prepared for the call, the company said it anticipated that boosters would be necessary this fall to contend with the Delta variant, which became common in the United States after the results were collected." (Also linked yesterday.) ~~~

     ~~~ The Washington Post's live Covid-19 updates for Thursday are here. (Also linked yesterday.)

Robert Towey of CNBC: "White House chief medical advisor Dr. Anthony Fauci has warned that a more severe Covid variant could emerge as the U.S. daily new case average is now approaching 100,000 per day, exceeding the level of transmission last summer before vaccines were available. Fauci, in an interview with McClatchy, said the U.S. could be 'in trouble' if a new variant overtakes delta, which already has a viral load 1,000 times higher than the original Covid strain." (Also linked yesterday.)

Ben Kennedy & Andrea Torres of WPLG Miami: Florida "Gov. Ron DeSantis fired back at President Joe Biden on Wednesday. The Republican governor and the Democratic president disagree on the need for face mask mandates amid a surge in COVID cases. Florida faced more than 50,000 coronavirus infections in just three days. 'If you're not going to help, get out of the way,' Biden said during a news conference Tuesday.... 'If you are coming after the rights in Florida, I am standing in your way,' DeSantis said in response during a news conference Wednesday.... He also added a message about immigration to Biden: 'Why don't you do your job? Why don't you get this border secure? And until you do this, I don't want to hear a blip about COVID from you.[']" (Also linked yesterday.) ~~~

~~~ "Governor Who?" Shannon Crawford of ABC News: "... during an afternoon event [Thursday] on curbing auto emissions, reporters asked [President] Biden about [Gov.] DeSantis' recent comments slamming him and his response to the pandemic. "Governor who?" Biden responded." Earlier, at Thursday's briefing, Press Secretary Jen Psaki, in answer to a question about DeSantis's remarks, said, "... from Day One, we've approached this not as a political issue but a public health issue," Psaki began. "We remain in touch with officials in Florida, just like we're in touch with officials from around the country about how we can provide assistance from the federal level to help address this public health crisis.... It is a fact ... that 25% of hospitalizations in the country are in Florida. It is also a fact that the governor has taken steps that are counter to public health recommendations.... Frankly our view is that this is too serious, deadly serious to be doing partisan name-calling."

Beyond the Beltway

Arizona. Christina Carrega & Devan Cole of CNN: "The Justice Department's Civil Rights Division is launching an investigation into policing practices in the city of Phoenix, Arizona, with a focus on how the city treats residents experiencing homelessness, Attorney General Merrick Garland announced Thursday.... The Justice Department's probe will look into unlawful seizes or disposes of the belongings of individuals experiencing homelessness.... Investigators will also determine whether Phoenix police officers engaged in a pattern of deadly force, retaliatory activity against people for conduct protected by the US Constitution's First Amendment as well as discriminatory policing. The department's focus on officers' conduct toward people experiencing homelessness represents the first time the department has specifically focused on the constitutional rights of this community.... Phoenix Mayor Kate Gallego [D] said Thursday that she welcomes the government's investigation...."

Michigan. Househunting While Black. Jonathan Edwards of the Washington Post: Roy "Thorne and his son[, who are Black,] were touring a home with real estate agent Eric Brown, who's also Black, in Wyoming, Mich., when police suddenly surrounded the house with guns drawn. The officers were responding to a neighbor's 911 call about a break-in. They ordered the three out of the house, handcuffed them and put them in separate vehicles.... [While] Still handcuffed [in the police car], [Brown] showed them his credentials and said he had a confirmed appointment to show the home. He explained how he had used an app on his phone to access a lockbox with the house key. That's when officers realized the mistake and freed Thorne, Brown and his son. Thorne estimated they were in handcuffs for about 20 minutes. Several officers apologized, and Thorne said he thinks one was genuinely sorry. He said he saw that officer talking with the White couple who called 911. The officer returned to say he had chewed them out, apologized again and left, Thorne said." ~~~

     ~~~ Marie: HGTV should feature the episode on its show "Househunters," a show which I've read is regularly faked anyway, so a re-enactment would be de rigueur. BTW, I started watching HGTV in the early 90s, and its shows were at the forefront of equal opportunity programming. It regularly featured minority and LGBTQ hosts & guests. At the time, that was refreshing, encouraging & unusual.

New York. Buh-Bye. Michael Gold, et al., of the New York Times: "The State Assembly's impeachment investigation into Gov. Andrew M. Cuomo is 'nearing completion' and the body will soon consider 'potential articles of impeachment' against him, the chair of the committee overseeing the inquiry said in a statement on Thursday. Charles D. Lavine, who leads the Assembly's Judiciary Committee, said that lawyers conducting the inquiry have directed Mr. Cuomo and his legal team to submit any evidence in the governor's defense by next Friday. The lawyers had previously issued a subpoena for relevant documents. The move was the latest and most vivid indication yet that the Assembly, which is controlled by Democrats, was moving quickly to impeach Mr. Cuomo, a third-term Democrat...." (Also linked yesterday.) ~~~

~~~ Luis Ferré-Sadurní & Jonah Bromwich of the New York Times on how Andrew "Cuomo & his team retaliated against his accusers.... The fear of retaliation also had a chilling effect: Many of the women who have now accused Mr. Cuomo said it was one of the underlying reasons that they did not immediately report their sexual harassment.... In the governor's decade-long tenure, he has navigated Albany's byzantine ways and steered the state's bureaucracy using brute political force and heavy-handed tactics of bullying and intimidation.... Mr. Cuomo's special counsel, Judith Mogul, who handled complaints from some of the governor's accusers, resigned this week. On Wednesday, he lost support from key labor leaders and one of his staunchest allies, Jay Jacobs, the chairman of the state's Democratic Party. Others had abandoned him earlier this year, as additional women accused the governor of sexual misconduct, and his tone and strategy shifted from apologetic to increasingly defiant." ~~~

     ~~~ Marie: As you read the story, it may sound familiar to some of you old enough to remember the Lewinsky affair. These are exactly the tactics Bill & Hillary Clinton & some of their top aides used to discredit Monica Lewinsky. Cuomo served as Bill Clinton's HUD secretary. ~~~

~~~ Lachlan Markay of Axios: "The Democratic fundraising platform ActBlue has removed a donation page that New York Gov. Andrew Cuomo's campaign committee used to solicit contributions, the company confirmed to Axios.... ActBlue is the lifeblood of grassroots Democratic fundraising."

Texas. Nick Corasaniti & David Montgomery of the New York Times: "Gov. Greg Abbott of Texas on Thursday called a new special session of the Legislature that is set to begin on Saturday, renewing Republican efforts to overhaul the state's elections and putting pressure on Democratic lawmakers who left the state for Washington last month to block the legislation. Mr. Abbott, a Republican, stuck to his pledge 'to call special session after special session,' releasing a 17-item agenda for the Republican-controlled Legislature with a new voting bill at the top. The list also included a host of other conservative goals, like restricting abortion access, limiting the ways that students are taught about racism and tightening border security. His announcement sent national attention swinging back to a hotel in downtown Washington, where several dozen Democrats from the Texas House of Representatives are grappling with a familiar question: Stay or go back?"

Way Beyond

Earth. Jonathan Watts of the Guardian: "Last month was the world's worst July for wildfires since at least 2003 when satellite records began, scientists have said, as swaths of North America, Siberia, Africa and southern Europe continue to burn. Driven by extreme heat and prolonged drought, the ignition of forests and grasslands released 343 megatonnes of carbon, about a fifth higher than the previous global peak for July, which was set in 2014. 'This stands out by a clear margin,' said Mark Parrington, a senior scientist in the EU's Copernicus Atmosphere Monitoring Service, which estimates the carbon releases."

Japan. The New York Times' live updates of the Olympic games Thursday are here. The Washington Post's live Olympics updates for Thursday are here. (Also linked yesterday.) ~~~

~~~ BBC News: "Two Belarusian coaches have lost their Olympic accreditations after allegedly attempting to force an athlete to leave the Games in Tokyo. The International Olympic Committee (IOC) confirmed that Artur Shimak and Yury Maisevich had left the Olympic Village. An investigation is under way. The case of Krystina Timanovskaya caught global attention after she refused her team's orders to fly home. She is now in Poland, where she has been granted a humanitarian visa."

News Ledes

CNBC: "Hiring rose in July at its fastest pace in nearly a year despite fears over Covid-19's delta variant and as companies struggled with a tight labor supply, the Labor Department reported Friday. Nonfarm payrolls increased by 943,000 for the month while the unemployment rate dropped to 5.4%, according to the department's Bureau of Labor Statistics. The payroll increase was the best since August 2020." The New York Times story is here.

Guardian & Agencies: "The fast-moving Dixie fire tore through the northern California mountain town of Greenville on Wednesday evening, leaving much of the downtown in ashes.... The community, which was partially destroyed by an 1881 fire, dates to California's Gold Rush era and has some buildings more than a century old."

Wednesday
Aug042021

The Commentariat -- August 5, 2021

Late Morning/Afternoon Update:

Buh-Bye. Michael Gold, et al., of the New York Times: "The State Assembly's impeachment investigation into Gov. Andrew M. Cuomo is 'nearing completion' and the body will soon consider 'potential articles of impeachment' against him, the chair of the committee overseeing the inquiry said in a statement on Thursday. Charles D. Lavine, who leads the Assembly's Judiciary Committee, said that lawyers conducting the inquiry have directed Mr. Cuomo and his legal team to submit any evidence in the governor's defense by next Friday. The lawyers had previously issued a subpoena for relevant documents. The move was the latest and most vivid indication yet that the Assembly, which is controlled by Democrats, was moving quickly to impeach Mr. Cuomo, a third-term Democrat...."

Noam Scheiber of the New York Times: "Richard Trumka, the president of the A.F.L.-C.I.O., the nation's pre-eminent labor federation, for the last 12 years and an influential voice in Democratic politics, died on Thursday. He was 72. The federation confirmed the death. The cause was a heart attack, according to an A.F.L.-C.I.O. official, who did not say where Mr. Trumka died. Senator Charles Schumer of New York, the Democratic leader, announced the death on the Senate floor. 'The working people of America have lost a fierce warrior at a time when we needed him most,' Mr. Schumer said in an emotional tribute."

Devlin Barrett of the Washington Post: "A four-year probe by the Justice Department Inspector General could not determine who in the FBI spoke to reporters about sensitive subjects during the 2016 election, or find evidence that Rudolph W. Giuliani had inside information about an investigation into Hillary Clinton that upended the race in its final days. The report issued Thursday by Inspector General Michael Horowitz said there were 'substantial media contacts' with numerous FBI employees, but the evidence could not determine 'whether these media contacts resulted in the disclosure of nonpublic information.' Horowitz faulted what he called 'a cultural attitude at the FBI that was far too permissive of unauthorized media contacts in 2016.'... A 2018 inspector general report about the Clinton case was highly critical of [then-FBI Director James] Comey and his former boss, Attorney General Loretta E. Lynch. But Horowitzs office spent three more years working on the leak-hunting portion of the investigation, and came up largely empty."

Coral Davenport of the New York Times: "President Biden on Thursday will roll out a two-step strategy that uses tailpipe regulations to try to rapidly shift Americans from gasoline-powered cars and trucks toward electric vehicles — a central part of his plan to cut pollution that is heating the planet. Mr. Biden plans to first restore and slightly strengthen auto mileage standards to the levels that existed under President Barack Obama but were weakened during the Trump administration. Next, his administration will draft a set of even more stringent auto pollution rules for both passenger vehicles and heavy-duty trucks that are designed to ramp up sales of electric vehicles. 'When I say electric vehicles are the future, I'm not joking,' Mr. Biden wrote in a tweet on Wednesday evening. 'Tune in for big news tomorrow.'" An NBC News story is here.

Jeff Stein of the Washington Post: "After White House legal advisers found he could not extend a national eviction moratorium, President Biden told Chief of Staff Ron Klain to seek the advice of Harvard law professor emeritus Laurence Tribe about whether an alternative legal basis could be devised for protecting struggling renters across the country, according to a person familiar with the matter. The private phone call between Klain and Tribe -- held Sunday amid a national outcry over the expiring moratorium -- set in motion a rapid reversal of the administration's legal position that it could not extend the eviction ban. Tribe suggested to Klain and White House Counsel Dana Remus that the administration could impose a new and different moratorium, rather than try to extend the existing ban in potential defiance of a warning from Supreme Court Justice Brett M. Kavanaugh, the person said.... After the administration announced last week that it could not find a legal justification for extending the ban, House Speaker Nancy Pelosi (D-Calif.) recommended to the White House that Biden seek out Tribe's counsel, according to one person familiar with the matter."

The New York Times' live updates of Covid-19 developments Thursday are here: "The powerful protection offered by Moderna's Covid vaccine does not wane in the first six months after the second dose, according to a statement released by the company on Thursday morning in advance of its earnings call. But in slides prepared for the call, the company said it anticipated that boosters would be necessary this fall to contend with the Delta variant, which became common in the United States after the results were collected." ~~~

     ~~~ The Washington Post's live Covid-19 updates for Thursday are here.

Robert Towey of CNBC: "White House chief medical advisor Dr. Anthony Fauci has warned that a more severe Covid variant could emerge as the U.S. daily new case average is now approaching 100,000 per day, exceeding the level of transmission last summer before vaccines were available. Fauci, in an interview with McClatchy, said the U.S. could be 'in trouble' if a new variant overtakes delta, which already has a viral load 1,000 times higher than the original Covid strain."

Ben Kennedy & Andrea Torres of WPLG Miami: Florida "Gov. Ron DeSantis fired back at President Joe Biden on Wednesday. The Republican governor and the Democratic president disagree on the need for face mask mandates amid a surge in COVID cases. Florida faced more than 50,000 coronavirus infections in just three days. 'If you're not going to help, get out of the way,' Biden said during a news conference Tuesday.... 'If you are coming after the rights in Florida, I am standing in your way,' DeSantis said in response during a news conference Wednesday.... He also added a message about immigration to Biden: 'Why don't you do your job? Why don't you get this border secure? And until you do this, I don't want to hear a blip about COVID from you.[']"

** Zack Beauchamp of Vox: "This week, America's most watched cable news host is broadcasting from an authoritarian state -- not to criticize its leadership but to praise it. Fox's Tucker Carlson is currently in Budapest, airing his show from Hungary's capital city. In his Monday monologue, Carlson told his listeners that they should pay attention to Hungary 'if you care about Western civilization, and democracy, and family -- and the ferocious assault on all three of those things by leaders of our global institutions.' He tweeted out a friendly photo with Hungarian Prime Minister Viktor Orbán and is confirmed to speak at a government-supported conference in Budapest on Saturday.... Fox's marquee host is aligning himself with a ruler who has spent the past 11 years systematically dismantling Hungary's free political system.... Right-wing observers, typically social conservatives and nationalists, see Orbán's willingness to use state power against the LGBT community, academics, the press, and immigrants as an example of how conservatives can fight back against left-wing cultural power.... Carlson's visit to Budapest, a follow-up to previous pro-Orbán coverage, shows that this authoritarian envy is no longer confined to a fringe."

The New York Times' live updates of the Olympic games Thursday are here. The Washington Post's live Olympics updates for Thursday are here.

~~~~~~~~~~

Tony Romm of the Washington Post: "Only one day after the Biden administration issued a new policy protecting renters from eviction, a series of real estate and landlord groups is trying to invalidate it.... The group asked a federal judge in D.C. to halt the new protections, citing the district court's prior ruling that found the government's first eviction ban to be unlawful. In filing the new legal salvo, the real estate, landlord and property-management groups at times cite the White House's own, previous admissions that it did not have the authority to issue another ban.... If successful, the challenge threatens fresh uncertainty for perhaps millions of Americans who are behind on their monthly rents, facing the prospect of eviction or struggling to obtain federal aid."

David Sanger & Julian Barnes of the New York Times: "In a warning to all federal employees, leading defense contractors and the 3.4 million uniformed, civilian and reserve personnel serving in the military, the National Security Agency issued an unusually specific admonition late last week that logging on to public Wi-Fi 'may be convenient to catch up on work or check email,' but it is also an invitation to attackers. In an eight-page document, the agency described how, in a year marked by ransomware attacks on pipelines, meatpackers and even the police force in Washington, D.C., clicking on to the local coffee shop’s network was asking for trouble.... 'Avoid connecting to public Wi-Fi, when possible,' the warning says, stating that even Bluetooth connections can be compromised. 'The risk is not merely theoretical; these malicious techniques are publicly known and in use.'... Hooking on to public Wi-Fi ... in coffee shops, airports, hotel rooms and similar venues..., or enabling Bluetooth connections, or even the capability to make a purchase by tapping a reader with a phone, is an invitation to have nonencrypted data seen by anyone."

Todd Frankel of the Washington Post: "Trump's administration last year rolled back regulations on dishwashers along with shower heads, clothes washers and dryers. The rules relaxed limits on water and energy use. Trump said the goal was to give consumers choices. But almost no one was clamoring for the changes. Manufacturers did not support them. They said there was no need. Environmental groups called the new rules wasteful. Consumer groups said modern appliances already work pretty well. On Tuesday, President Biden's Energy Department said it planned to reverse the Trump-era changes. The still-new rules for dishwashers, washing machines and clothes dryers would go back to what they were before Trump. It comes a couple weeks after the Energy Department said it was doing the same with shower heads."

Justin Jouvenal, et al., of the Washington Post: "... a Georgia man stepped off a bus outside the Pentagon Tuesday, stabbed a police officer and struggled with him, the FBI said. During the melee, Austin Lanz shot Pentagon officer George Gonzalez with the officer's service weapon, before turning the gun on himself, the FBI said. Other Pentagon officers engaged Lanz and he was killed. The officer later died. The account released Wednesday was the first detailed description of the encounter, which prompted a lockdown of the Pentagon and drew a massive response from police and fire agencies. Officials said a bystander was injured. The FBI statement did not shed light on what prompted the horrific attack and the agency said the investigation into the incident was ongoing, but Lanz had been ordered for a mental health evaluation by a judge in Georgia and had acted violently and erratically in recent months, court and police records show." (This is a substantial update of a story linked yesterday afternoon.)

Karoun Demirjian of the Washington Post: "The Senate Foreign Relations Committee on Wednesday advanced legislation to repeal decades-old authorizations for U.S. military missions in the Middle East, a first-time step in a larger effort in Congress to reclaim lawmakers' war powers from the executive branch. A bipartisan majority of the panel voted 14 to 8 in favor of repealing authorizations Congress passed in 1991 and 2002 to approve of hostilities against Saddam Hussein's erstwhile regime, first to push Iraqi troops out of Kuwait and later to depose him. That legislative coalition all but guarantees that when the measure comes to the Senate floor -- which Majority Leader Charles E. Schumer (D-N.Y.) has promised will happen this year -- it will pass." (Also linked yesterday.)

Spencer Hsu of the Washington Post: "Attorneys for Donald Trump on Wednesday blasted a Justice Department ruling that directed the Treasury Department to turn over his tax returns to Congress, formally asking a court to block their release and arguing that records of former presidents as well as presidents should be similarly protected from subpoenas by lawmakers. Trump lawyers called last week's decision by the Justice Department's Office of Legal Counsel the latest effort at partisan retaliation against him by Democrats, and denied that the House Ways and Means Committee sought six years of his tax returns out of a legitimate interest in closing tax loopholes exploited by wealthy Americans." (Also linked yesterday afternoon.)

Eugene Scott of the Washington Post: "Rep. Mo Brooks (R-Ala.) asked a federal judge to grant him immunity from a lawsuit accusing him of inciting the Jan. 6 insurrection on the U.S. Capitol that resulted in five deaths and hundreds of people being injured. On March 5, Rep. Eric Swalwell (D-Calif.) sued Brooks..., Donald Trump and several others after they gave speeches at a Jan. 6 rally in which they falsely claimed the 2020 election results were fraudulent and encouraged rallygoers to march on the Capitol, where Congress was holding an accounting of the electoral college votes.... Brooks previously asked the Justice Department to determine that he was covered by the Westfall Act, legislation that protects federal employees from being sued for doing their jobs." Brooks is representing himself. ~~~

     ~~~ Jerry Lambe of Law & Crime: "Floating a theory of immunity in a 44-page filing on Tuesday, [Mo] Brooks claimed he was simply 'cooperating' with the 'White House,' a decision affecting his ability to perform his congressional duties.... The lawmaker also noted that he has been 'faithful to his wife' of 45 years, has never received a speeding ticket or smoked tobacco, and that none of his four children have been divorced.... The DOJ last week issued a decision concluding that it could not defend Brooks because his rally speech did not constitute an act within the scope of his employment as a member of Congress, stressing that a lawmaker's job is to pass laws, not instigate an attack on the U.S. Capitol.... In the wake of the attack on the U.S. Capitol, Brooks ... falsely claim[ed] the whole ordeal was orchestrated by Trump's political opponents." MB: Yes, but doesn't it seem morally wrong to sue a man who (allegedly) never smoked tobacco?

"That Is Revolution, Not Patriotism." Spencer Hsu of the Washington Post: "A federal judge rejected claims that detained defendants in the Jan. 6 Capitol breach are 'political prisoners' or that riot participants acted out of patriotism before sentencing a Michigan man to six months in prison Wednesday.... In a string of plea and sentencing hearings in the riot cases, federal judges appointed by presidents of both parties condemned such claims. Some have gone further to challenge U.S. prosecutors' acceptance of misdemeanor plea deals for individuals involved in 'terrorizing members of Congress.'... Judges at sentencings have been delivering a cold splash of reality to defendants, including some who say they were lied to by Trump or led astray by right-wing commentators or social media.... [On Wednesday,] U.S. District Judge Amy Berman Jackson of Washington said Karl Dresch, 41, of Calumet, Mich, was held because of his actions, not his political views.... 'He was not a political prisoner,' Jackson said. 'We are not here today because he supported former president Trump ... He was arrested because he was an enthusiastic participant in an effort to subvert and undo the electoral process.'..."

"One Enormous Conspiracy Theory." Rosalind Helderman of the Washington Post: "A federal judge in Colorado has disciplined two lawyers [-- Gary D. Fielder and Ernest John Walker --] who filed a lawsuit challenging the 2020 election late last year, finding that the case was 'frivolous,' 'not warranted by existing law' and filed 'in bad faith.'... Calling the suit 'one enormous conspiracy theory,' Neureiter ordered that the duo must pay the legal fees of all the individuals and companies they had sued -- 18 separate entities in all -- as a way to deter future similar cases.... In a scathing 68-page opinion, Magistrate Judge N. Reid Neureiter found that the lawyers made little effort to corroborate information they had included in the suit [including a tweet by Donald Trump], which argued there had been a vast national conspiracy to steal the election from ... Donald Trump.... 'Albeit disorganized and fantastical, the Complaint's allegations are extraordinarily serious and, if accepted as true by large numbers of people, are the stuff of which violent insurrections are made.'"

Washington Crosses the Rubicon. Sanjana Karanth & Ryan Reilly of the Huffington Post: After receiving a tip, "Federal agents arrested a man on Wednesday who stormed the U.S. Capitol in a George Washington costume during the deadly Jan. 6 insurrection.... The 'About Us' section of Yoder Lock and Key's website displays a photo of its owners, Isaac and Kelly Yoder, with Isaac Yoder clearly posing in colonial-era clothes[.... In March,] Newsweek published an interview with [Isaac] Yoder, who told the publication that if the Capitol rioters had wanted to cause trouble, there would have been 'piles of bodies.' He again admitted to entering the Capitol that day after hearing ... Donald Trump speak, and that wearing a George Washington costume was his way of paying tribute to the founding of America." The FBI also used a facial recognition program to ID Isaac as an insurrectionist.


Marie
: At the end of 2020, as we were all going about our daily lives, perhaps enduring a somewhat joyless holiday season & distracted by our hopes for better as the new year loomed, Donald Trump & his cohort were plotting to pull off a coup that was the greatest threat to our country since the Civil War. Bumbling as they might have been, they nearly succeeded. ~~~

** Philip Bump of the Washington Post: "In recent months..., we've learned that Trump's most direct effort to steal the election unfolded ... over the last few days of 2020. On Tuesday, ABC News published a letter circulated by the then-acting head of the Department of Justice's civil rights division, a man named Jeffery Clark.... [Clark's letter] was ... a road map to overthrowing the will of voters. The amount of detail given to the mechanism for handing the electors to Trump was matched by the dearth of specificity about the alleged 'irregularities' in the state.... [Richard] Donoghue's lengthy response, one likely written with an eye toward it eventually being read by external eyes..., made all of the points you might expect. The purported 'irregularities amounted to nothing more than a few ticky-tack questions about individual votes.... 'I do not think the Department's role should include making recommendations to a State legislature about how they should meet their Constitutional obligation to appoint Electors.' In other words: it is not DOJ's place to tell states how to overturn election results.... Clark's letter was almost certainly not something that occurred independently of Trump.... [Clark was] talking to Trump directly." Worth reading. (Also linked yesterday.) ~~~

     ~~~ Clark's letter, published by ABC News & also linked here yesterday, is here. ~~~

~~~ Marie: You think I might have exaggerated? Top DOJ officials didn't think so. ~~~

~~~ Betsy Swan & Nicholas Wu of Politico: "In early January 2021, one top Justice Department official was so concerned that ... Donald Trump might fire his acting attorney general that he drafted an email announcing he and a second top official would resign in response. The official, Patrick Hovakimian, prepared the email announcing his own resignation and that of the department's second-in-command, Richard Donoghue, as Trump considered axing acting attorney general Jeff Rosen. At the time, Hovakimian was an associate deputy attorney general and senior adviser to Rosen. But Trump didn't fire Rosen, and Hovakimian's draft email -- a copy of which was obtained by Politico -- remained unsent.... 'This evening, after Acting Attorney General Jeff Rosen over the course of the last week repeatedly refused the President's direct instructions to utilize the Department of Justice's law enforcement powers for improper ends, the President removed Jeff from the Department,' Hovakimian wrote in his never-sent email. 'PADAG Rich Donoghue and I resign from the Department, effective immediately.'" (Also linked yesterday afternoon.) ~~~

~~~ Aaron Blake of the Washington Post: "Congress could begin taking testimony as soon as this week from top Justice Department officials who bore witness to... Donald Trump's desperate attempt to overturn his 2020 reelection loss based upon lies and misinformation. And in the increasingly apparent real-time Justice Department efforts to combat that attempt, one man who has agreed to testify is emerging as something of a potential star witness in the effort: Richard P. Donoghue.... The building record of Donoghue's resistance to the gambit makes him one of the most eagerly anticipated witnesses in the investigation. Trump's team has for now signaled it won't fight such testimony."


Michael Schmidt of the New York Times: "The State Department is investigating the whereabouts of a $5,800 bottle of whiskey the Japanese government gave to Secretary of State Mike Pompeo in 2019, according to two people briefed on the inquiry and a document made public on Wednesday. It was unclear whether Mr. Pompeo ever received the gift, as he was traveling in Saudi Arabia on June 24, 2019, the day that Japanese officials gave it to the State Department, according to a department filing on Wednesday.... American officials can keep gifts that are less than $390. But if the officials want to keep gifts that are over that price, they must purchase them. The department also took the unusual step of noting that the whereabouts of the whiskey is unknown." MB: It doesn't take a helluva lot of imagination to figure out that somebody drank the evidence. Pompeo claims he's not the guy.

Dominick Mastrangelo of the Hill: "Rep. Devin Nunes (R-Calif.) is suing NBCUniversal for defamation, citing comments made by MSNBC host Rachel Maddow in March regarding his dealings with an individual sanctioned by the U.S. government. The lawsuit filed in the U.S. District Court in the Eastern District of Texas alleges that Maddow and the network 'harbor an institutional hostility, hatred, extreme bias, spite and ill-will' toward Nunes. The congressman's lawyers argue that Maddow's criticisms of Nunes are based on his 'emergence as the most prominent skeptic in Congress of Maddow's marquee news narrative from 2017 to 2019: that the Trump campaign colluded with Russians to hack the 2016 presidential elections.'" MB: Maybe Rachel should have a drink with Devin Nunes' Cow & the two can discuss how sorry they are for making fun of Devin. (Also linked yesterday afternoon.)

Eduardo Castillo of the AP: "The Mexican government sued United States gun manufacturers and distributors Wednesday in U.S. federal court, arguing that their negligent and illegal commercial practices have unleashed tremendous bloodshed in Mexico. The unusual lawsuit was filed in U.S. federal court in Boston. Among those being sued are some of the biggest names in guns, including: Smith & Wesson Brands, Inc.; Barrett Firearms Manufacturing, Inc.; Beretta U.S.A. Corp.; Colt's Manufacturing Company LLC, and Glock Inc. Another defendant is Interstate Arms, a Boston-area wholesaler that sells guns from all but one of the named manufacturers to dealers around the U.S." The Washington Post's story is here. (Also linked yesterday.)

David Gilbert of Vice: "Facebook has made good on its threat to kick out a group of researchers who've been among the platform's biggest critics. The Cybersecurity for Democracy project at New York University has revealed major flaws in Facebook political ad transparency tools and highlighted how Facebook's algorithms were amplifying misinformation. Most recently, it helped track vaccine disinformation.... Despite the obvious benefits of the work being done by these researchers, on Tuesday evening, the company cut the cord. 'This evening, Facebook suspended my Facebook account and the accounts of several people associated with Cybersecurity for Democracy, our team at NYU,' Laura Edelson, one of the researchers at NYU, tweeted.... Edelson's colleague Damon McCoy called Facebook's decision 'disgraceful' at a time when the disinformation around COVID-19 and vaccines is literally costing lives." (Also linked yesterday afternoon.)

The Pandemic, Ctd.

Katie Rogers of the New York Times: "The Biden administration is developing plans to require all foreign travelers to the United States to be vaccinated against the coronavirus, with limited exceptions, according to an administration official with knowledge of the developing policy. The plan, reported earlier by Reuters, will be part of a new system to be put in place after the current restrictions on travel into the country are lifted, but officials have yet to determine when that might be done." Politico's story is here.

Matt Seyler & Luis Martinez of ABC News: "Secretary of Defense Lloyd Austin is expected to announce his recommendation to President Joe Biden that COVID-19 vaccines be made mandatory for troops, officials told ABC News Wednesday evening. A senior official said the announcement will come 'soon,' while a separate U.S. official said an announcement is expected by the end of this week."

The New York Times' live updates of Covid-19 developments Wednesday are here. The Washington Post's live updates for Wednesday are here. (Also linked yesterday afternoon.)

Arkansas. Jade Jackson of KTHV Little Rock: "Governor Asa Hutchinson [R-Ark.] on Tuesday expressed regret for signing Act 1002 into Arkansas law. The new law bans the state and local officials from enacting any mask mandates. During a press conference, Hutchinson answered questions about why he signed the proposal into law. He said that when he initially approved it a few months ago, both COVID-19 cases and hospitalizations were at a 'low point' in Arkansas and were declining. Now as the delta variant is causing a new wave in the state along with low vaccination rates, Hutchinson said that in hindsight he wishes that Act 1002 had not become law.... Hutchinson expressed his support for an amendment to the mask mandate ban to allow for school districts to enact mask wearing rules." (Also linked yesterday afternoon.)

Texas. Reese Oxner of the Texas Tribune: "A federal judge on Tuesday blocked Gov. Greg Abbott and the state of Texas from ordering state troopers to pull over drivers transporting migrants 'who pose a risk of carrying COVID-19.' U.S. District Judge Kathleen Cardone granted a temporary restraining order against Abbott's move, meaning it will be blocked while the case continues to unfold. The U.S. Justice Department sued Abbott and Texas on Friday, a day after U.S. Attorney General Merrick Garland threatened to take legal action if Abbott didn't rescind his order, calling it 'dangerous and unlawful.'" (Also linked yesterday afternoon.) ~~~

~~~ Jonathan Edwards of the Washington Post: In April, a Texas Republican leader called H Scott Apley"responded to what Baltimore's former health commissioner was heralding as 'great news' -- clinical trials showed the Pfizer vaccine was effective at fighting the coronavirus for at least six months, including one of the recent variants. 'You are an absolute enemy of a free people,' he wrote in a Twitter reply. And on Friday, the 45-year-old Dickinson City Council member republished a Facebook post implying that vaccines don't work. Two days later, Apley was admitted to a Galveston hospital with 'pneumonia-like symptoms' and tested positive for covid, according to an online fundraising campaign.... On Wednesday, he died...." The Raw Story's report is here.

Beyond the Beltway

New York. Karen DeWitt of WAMC Radio Albany: "The New York State Assembly Judiciary Committee held its first meeting of an impeachment inquiry into Governor Andrew Cuomo Tuesday, over allegations that he sexually harassed several women, as well as other controversies. But the chair of the committee, Democrat Charles Lavine, says it could be quite a while before it reaches any conclusions.... Lavine laid out the scope of the investigation, which will include charges by multiple women of sexual harassment and inappropriate behavior by the governor, and whether Cuomo and his aides covered up nursing home COVID death numbers and safety concerns over the Thruway's Mario M. Cuomo bridge." (Also linked yesterday afternoon.) ~~~

     ~~~ Dareh Gregorian of NBC News: "A blistering state attorney general's report alleging that New York Gov. Andrew Cuomo sexually harassed multiple women has pushed state legislators to expedite impeachment proceedings -- but the process is still expected to last months, lawmakers said.... The Judiciary Committee is scheduled to meet Monday in Albany to work out a timetable. In addition to the harassment allegations, lawyers hired by the committee have been looking into allegations that the Cuomo administration intentionally undercounted Covid-19 nursing home deaths and misused state resources on Cuomo's book about leadership during the pandemic. Cuomo has denied wrongdoing in those cases, as well. Assembly investigators are 'very far along' in the inquiries, [Assemblyman Michael] Montesano [R] said." ~~~

~~~ Marina Villeneuve & Jennifer Peltz of the AP: "A majority of state Assembly members support beginning impeachment proceedings against Gov. Andrew Cuomo if he doesn't resign over investigative findings that he sexually harassed at least 11 women, according to an Associated Press count Wednesday. At least 86 of the body's 150 members have said publicly or told The AP that they favored initiating the process of ousting the third-term Democratic governor if he doesn't quit. It takes a simple majority to authorize an impeachment trial. The tally reflects a governor plunged into a political deep freeze -- a Democratic scion who has now lost most, if not all, of his allies in the party establishment, just a year after basking in national attention as a blunt-but-relatable voice of fighting the coronavirus." ~~~

~~~ Kevin Breuninger of CNBC: "The district attorneys for Manhattan and Westchester County asked New York Attorney General Letitia James on Wednesday for evidence related to her office's bombshell report accusing Gov. Andrew Cuomo of sexual harassment. Westchester DA Mimi Rocah, in a letter obtained by NBC News, told James she plans to conduct an inquiry into whether the alleged sexual misconduct by Cuomo that occurred in her jurisdiction was 'criminal in nature.' A spokesperson for Manhattan DA Cyrus Vance Jr. told NBC later Wednesday that, 'When our office learned yesterday that the Attorney General's investigation of the Governor's conduct was complete, our office contacted the Attorney General's Office to begin requesting investigative materials in their possession pertaining to incidents that occurred in Manhattan.'" (Also linked yesterday afternoon.) ~~~

     ~~~ Marie: MSNBC reports on-air that the Nassau County (Long Island) D.A. also is requesting documents. ~~~

~~~ Michael Scherer & Josh Dawsey of the Washington Post: "Days after the first accusation of misconduct surfaced last year against New York Gov. Andrew M. Cuomo (D), his staff began reaching out to a prominent advocate for sexual harassment victims and the head of the largest gay rights group for guidance as they mulled how to discredit his accuser. This week, an independent investigation commissioned by New York Attorney General Letitia James found that the subsequent effort by the governor's office to undermine the credibility of former Cuomo adviser Lindsey Boylan -- by leaking her private employee records and circulating a draft of a letter that impugned her credibility -- amounted to 'unlawful retaliation.'" ~~~

~~~ Annals of "Journalism," Ctd. Michael Grynbaum of the New York Times: Andrew Cuomo's many troubles have put his brother Chris Cuomo, CNN's top anchor, in an awkward position. Many think the network is not handling the situation properly.

Hawaii. From the "It Could Happen to You" Department. Jonathan Edwards of the Washington Post: "Joshua Spriestersbach fell asleep on a sidewalk one hot day in May 2017 while waiting for food outside of a Honolulu homeless shelter. He woke up to a police officer arresting him ... because [the officer] believed Spriestersbach was a man named Thomas Castleberry, who had an arrest warrant out for allegedly violating probation in a 2006 drug case. It was the first mistake of many that led to Spriestersbach spending two years and eight months in jail and a mental institution for crimes he didn't commit, according to a 36-page petition filed Monday by the Hawaii Innocence Project. While locked up, doctors pumped him full of powerful psychiatric drugs, judges ruled that he was unfit to stand trial and his lawyers ignored his assertions that police had the wrong man, the document claims.... '[T]he more Mr. Spriestersbach vocalized his innocence by asserting that he is not Mr. Castleberry, the more he was declared delusional and psychotic by the [hospital] staff and doctors and heavily medicated,' [Innocence Project lawyer Jennifer] Brown wrote. This went on for more than two more years, even though the public defenders representing him could have easily verified his claims, the petition argues."

Way Beyond

Turkey. Carlotta Gall of the New York Times: "As Turkey battles its worst forest fires in decades, President Recep Tayyip Erdogan is under ferocious attack for his handling of the disaster, as well as his broader management of a country that was already battered by an economic crisis and the pandemic. Fires blazed uncontrollably for the eighth day on Wednesday, aggravated by a record-breaking heat wave that follows a prolonged drought. The nation has watched in horror images on television and social media, as thousands of people have been forced to evacuate homes, coastal resorts and whole villages, primarily in the south, and herds of livestock have perished in fast-moving blazes.... The disaster has affected mostly southern coastal districts that are held by the largest opposition party, the Republican People's Party, or C.H.P., and local mayors and party officials ... soon complained in interviews and video appeals that they were not receiving the help needed from the central government -- planes and helicopters to douse the blazes."

Japan. The New York Times' live Olympics games updates Wednesday are here. (Also linked yesterday afternoon.);

Tuesday
Aug032021

The Commentariat -- August 4, 2021

Afternoon Update:

Spencer Hsu of the Washngton Post: "Attorneys for Donald Trump on Wednesday blasted a Justice Department ruling that directed the Treasury Department to turn over his tax returns to Congress, formally asking a court to block their release and arguing that records of former presidents as well as presidents should be similarly protected from subpoenas by lawmakers. Trump lawyers called last week's decision by the Justice Department's Office of Legal Counsel the latest effort at partisan retaliation against him by Democrats, and denied that the House Ways and Means Committee sought six years of his tax returns out of a legitimate interest in closing tax loopholes exploited by wealthy Americans."

The New York Times' live updates of Covid-19 developments Wednesday are here. The Washington Post's live updates for Wednesday are here.

Dana Hedgpeth, et al., of the Washington Post: "Authorities have identified the assailant who killed a police officer Tuesday morning in an attack at the bus platform outside the Pentagon as a Georgia man who had briefly enlisted in the U.S. Marine Corps. A law enforcement official speaking on the condition of anonymity to discuss details of the ongoing investigation and the Associated Press identified him as Austin William Lanz, 27. Officials at the Pentagon Force Protection Agency identified the slain police officer as George Gonzalez, 37. He had been promoted twice and attained the rank of senior officer in 2020. Officials said Gonzalez had served previously with the U.S. Army and was awarded the Army Commendation Medal for his service in Iraq." ~~~

     ~~~ The story has been substantially updated, with a new lead reporter, Justin Jouvenal: "... a Georgia man stepped off a bus outside the Pentagon Tuesday, stabbed a police officer and struggled with him, the FBI said. During the melee, Austin Lanz shot Pentagon officer George Gonzalez with the officer's service weapon, before turning the gun on himself, the FBI said. Other Pentagon officers engaged Lanz and he was killed. The officer later died. The account released Wednesday was the first detailed description of the encounter, which prompted a lockdown of the Pentagon and drew a massive response from police and fire agencies. Officials said a bystander was injured. The FBI statement did not shed light on what prompted the horrific attack and the agency said the investigation into the incident was ongoing, but Lanz had been ordered for a mental health evaluation by a judge in Georgia and had acted violently and erratically in recent months, court and police records show."

Karoun Demirjian of the Washington Post: "The Senate Foreign Relations Committee on Wednesday advanced legislation to repeal decades-old authorizations for U.S. military missions in the Middle East, a first-time step in a larger effort in Congress to reclaim lawmakers' war powers from the executive branch. A bipartisan majority of the panel voted 14 to 8 in favor of repealing authorizations Congress passed in 1991 and 2002 to approve of hostilities against Saddam Hussein's erstwhile regime, first to push Iraqi troops out of Kuwait and later to depose him. That legislative coalition all but guarantees that when the measure comes to the Senate floor --- which Majority Leader Charles E. Schumer (D-N.Y.) has promised will happen this year -- it will pass."

Reese Oxner of the Texas Tribune: "A federal judge on Tuesday blocked Gov. Greg Abbott and the state of Texas from ordering state troopers to pull over drivers transporting migrants 'who pose a risk of carrying COVID-19.' U.S. District Judge Kathleen Cardone granted a temporary restraining order against Abbott's move, meaning it will be blocked while the case continues to unfold. The U.S. Justice Department sued Abbott and Texas on Friday, a day after U.S. Attorney General Merrick Garland threatened to take legal action if Abbott didn't rescind his order, calling it 'dangerous and unlawful.'"

Jade Jackson of KTHV Little Rock: "Governor Asa Hutchinson [R-Ark.] on Tuesday expressed regret for signing Act 1002 into Arkansas law. The new law bans the state and local officials from enacting any mask mandates. During a press conference, Hutchinson answered questions about why he signed the proposal into law. He said that when he initially approved it a few months ago, both COVID-19 cases and hospitalizations were at a 'low point' in Arkansas and were declining. Now as the delta variant is causing a new wave in the state along with low vaccination rates, Hutchinson said that in hindsight he wishes that Act 1002 had not become law.... Hutchinson expressed his support for an amendment to the mask mandate ban to allow for school districts to enact mask wearing rules."

Karen DeWitt of WAMC Radio Albany: "The New York State Assembly Judiciary Committee held its first meeting of an impeachment inquiry into Governor Andrew Cuomo Tuesday, over allegations that he sexually harassed several women, as well as other controversies. But the chair of the committee, Democrat Charles Lavine, says it could be quite a while before it reaches any conclusions.... Lavine laid out the scope of the investigation, which will include charges by multiple women of sexual harassment and inappropriate behavior by the governor, and whether Cuomo and his aides covered up nursing home COVID death numbers and safety concerns over the Thruway's Mario M. Cuomo bridge."

Kevin Breuninger of CNBC: "The district attorneys for Manhattan and Westchester County asked New York Attorney General Letitia James on Wednesday for evidence related to her office's bombshell report accusing Gov. Andrew Cuomo of sexual harassment. Westchester DA Mimi Rocah, in a letter obtained by NBC News, told James she plans to conduct an inquiry into whether the alleged sexual misconduct by Cuomo that occurred in her jurisdiction was 'criminal in nature.' A spokesperson for Manhattan DA Cyrus Vance Jr. told NBC later Wednesday that, 'When our office learned yesterday that the Attorney General's investigation of the Governor's conduct was complete, our office contacted the Attorney General's Office to begin requesting investigative materials in their possession pertaining to incidents that occurred in Manhattan.'" ~~~

     ~~~ Marie: MSNBC reports on-air that the Nassau County (Long Island) D.A. also is requesting documents.

** The Coup. Philip Bump of the Washington Post puts together the pieces of Trump's plot to overthrow the election: "In recent months..., we've learned that Trump's most direct effort to steal the election unfolded ... over the last few days of 2020. On Tuesday, ABC News published a letter circulated by the then-acting head of the Department of Justice's civil rights division, a man named Jeffery Clark.... [ABC News story linked below.] [Clark's letter] was ... a road map to overthrowing the will of voters. The amount of detail given to the mechanism for handing the electors to Trump was matched by the dearth of specificity about the alleged 'irregularities' in the state.... [Richard] Donoghue's lengthy response, one likely written with an eye toward it eventually being read by external eyes..., made all of the points you might expect. The purported 'irregularities amounted to nothing more than a few ticky-tack questions about individual votes.... 'I do not think the Department's role should include making recommendations to a State legislature about how they should meet their Constitutional obligation to appoint Electors.' In other words: it is not DOJ's place to tell states how to overturn election results.... Clark's letter was almost certainly not something that occurred independently of Trump.... [Clark was] talking to Trump directly." Worth reading it all.

Betsy Swan & Nicholas Wu of Politico: "In early January 2021, one top Justice Department official was so concerned that ... Donald Trump might fire his acting attorney general that he drafted an email announcing he and a second top official would resign in response. The official, Patrick Hovakimian, prepared the email announcing his own resignation and that of the department's second-in-command, Richard Donoghue, as Trump considered axing acting attorney general Jeff Rosen. At the time, Hovakimian was an associate deputy attorney general and a senior adviser to Rosen. But Trump didn't fire Rosen, and Hovakimian's draft email -- a copy of which was obtained by Politico -- remained unsent.... 'This evening, after Acting Attorney General Jeff Rosen over the course of the last week repeatedly refused the President's direct instructions to utilize the Department of Justice's law enforcement powers for improper ends, the President removed Jeff from the Department,' Hovakimian wrote in his never-sent email. 'PADAG Rich Donoghue and I resign from the Department, effective immediately.'"

Dominick Mastrangelo of the Hill: "Rep. Devin Nunes (R-Calif.) is suing NBCUniversal for defamation, citing comments made by MSNBC host Rachel Maddow in March regarding his dealings with an individual sanctioned by the U.S. government. The lawsuit filed in the U.S. District Court in the Eastern District of Texas alleges that Maddow and the network 'harbor an institutional hostility, hatred, extreme bias, spite and ill-will' toward Nunes. The congressman's lawyers argue that Maddow's criticisms of Nunes are based on his 'emergence as the most prominent skeptic in Congress of Maddow's marquee news narrative from 2017 to 2019: that the Trump campaign colluded with Russians to hack the 2016 presidential elections.'" MB: Maybe Rachel should have a drink with Devin Nunes' Cow & the two can discuss how sorry they are for making fun of Devin.

Eduardo Castillo of the AP: "The Mexican government sued United States gun manufacturers and distributors Wednesday in U.S. federal court, arguing that their negligent and illegal commercial practices have unleashed tremendous bloodshed in Mexico. The unusual lawsuit was filed in U.S. federal court in Boston. Among those being sued are some of the biggest names in guns, including: Smith & Wesson Brands, Inc.; Barrett Firearms Manufacturing, Inc.; Beretta U.S.A. Corp.; Colt's Manufacturing Company LLC, and Glock Inc. Another defendant is Interstate Arms, a Boston-area wholesaler that sells guns from all but one of the named manufacturers to dealers around the U.S." The Washington Post's story is here.

David Gilbert of Vice: "Facebook has made good on its threat to kick out a group of researchers who've been among the platform's biggest critics. The Cybersecurity for Democracy project at New York University has revealed major flaws in Facebook political ad transparency tools and highlighted how Facebook's algorithms were amplifying misinformation. Most recently, it helped track vaccine disinformation.... Despite the obvious benefits of the work being done by these researchers, on Tuesday evening, the company cut the cord. 'This evening, Facebook suspended my Facebook account and the accounts of several people associated with Cybersecurity for Democracy, our team at NYU,' Laura Edelson, one of the researchers at NYU, tweeted.... Edelson's colleague Damon McCoy called Facebook's decision 'disgraceful' at a time when the disinformation around COVID-19 and vaccines is literally costing lives."

The New York Times' live Olympics games updates Wednesday are here.

~~~~~~~~~~

David Edwards of the Raw Story: "White House Press Secretary Jen Psaki responded to Fox News correspondent Peter Doocy on Tuesday by taking a shot at ... Donald Trump's administration. During a press briefing, Doocy asked multiple questions about the breaking news regarding sexual harassment allegations against Gov. Andrew Cuomo (D-NY). [Finally, he asked,] 'Does the administration want the Justice Department to initiate a civil rights investigation into these harassment allegations revealed today?'... Psaki replied: 'We do something new here that feels foreign from the last four years and allow the Justice Department to act independently on investigations.'"

John Ismay of the New York Times: "An attack on a Pentagon police officer at the building's Metro entrance on Tuesday morning left two people dead, an officer and one other person, according to a law enforcement official briefed on the matter.... The [Pentagon's police] force provides security at the complex, which was locked down for about 75 minutes after the shooting." ~~~

     ~~~ Justin Jouvenal, et al., of the Washington Post: "The officer's apparent assailant also was killed in the encounter, according to two law enforcement officials.... The officials said there was nothing to indicate terrorism was a motive. But the circumstances of what transpired remained murky.... Defense Secretary Lloyd Austin issued condolences in a statement after the agency's announcement. He ordered flags at the Pentagon to half-staff to honor the officer." CNN's story is here.

Luke Broadwater & Shaila Dewan of the New York Times: "Congress moved on Tuesday to honor police officers who responded to the Capitol attack, clearing a bill to give them the Congressional Gold Medal just days after word emerged that two more officers who were there on Jan. 6 had taken their own lives. The unanimous vote of the Senate, which cleared the bill for President Biden, came after back-to-back announcements from District of Columbia police officials this week about the suicides of two of the force's officers who were at the Capitol on the day of the riot, bringing to four the known number of officers who have killed themselves in its aftermath."

Betsy Swan & Nicholas Wu of Politico: "Donald Trump's legal team signaled Monday that it will not immediately try to block testimony from former Justice Department officials who have been called before Congress, potentially clearing a roadblock from multiple investigations touching on the former president's tenure. In a letter to one of six Trump-era DOJ officials whose cooperation is being sought in congressional oversight efforts, former Rep. Doug Collins (R-Ga.), a member of Trump's legal team, suggested that it would not try to block testimony by those six. The letter's unusual verbiage makes Trump's position slightly opaque, but Collins also indicated that the former president's team would try to contest all attempts to secure testimony from ex-DOJ officials if Congress sought cooperation from more than those six." (Also linked yesterday.)

** Katherine Faulders & Alexander Mallin of ABC News: "Top members of the Department of Justice last year rebuffed another DOJ official who asked them to urge officials in Georgia to investigate and perhaps overturn President Joe Biden's victory in the state.... The emails, dated Dec. 28, 2020, show the former acting head of DOJ's civil division, Jeffrey Clark, circulating a draft letter -- which he wanted then-acting attorney general Jeffrey Rosen and acting deputy attorney general Richard Donoghue to sign off on -- urging Georgia's governor and other top officials to convene the state legislature into a special session so lawmakers could investigate claims of voter fraud. 'The Department of Justice is investigating various irregularities in the 2020 election for President of the United States,' the draft letter said. '... at this time we have identified significant concerns that may have impacted the outcome of the election in multiple States, including the State of Georgia.'... Clark attached the draft letter in an email to Rosen and Donoghue telling them 'I think we should get it out as soon as possible.'... In the days after the exchange..., both Rosen and Donoghue thwarted an attempt by Clark to have Trump appoint him acting attorney general." Includes the full letter. ~~~

     ~~~ Marie: Clark pulled this stunt the day after Trump told Rosen & Donoghue they should issue a statement that the election was "corrupt" and "leave the rest" to him & Congressional Republicans. IOW, the proposed letter is part & parcel of the same scheme to have the DOJ falsely challenge the integrity of the election as a pretext for "R. Congressmen" to throw out the Electoral College results & leave the election to the House to decide. Under the Constitution, each state would have a single vote, and since Republicans control more state House delegations than do Democrats, presumably Trump would have "won." The plot had a chance of succeeding.

Meredith McGraw of Politico: "... having whipped his supporters into a frenzy with pledges to overturn the election and promises to support Republican candidates in the midterms, [Donald Trump] is not spending his campaign money on either. A review of election filings from Make America Great Again PAC, Save America PAC, and the Save America Joint Fundraising Committee show that not a single penny was transferred or contributed from those Trump-affiliated entities to GOP candidates or committees involved in the midterm elections. Nor did Trump's various groups write a check to support the audit in Arizona.... He used some of his funds on things like salaries for aides and political advisers, as well as events, travel expenses and fundraising outreach.... He also spent more than $8 million in legal fees paid to various firms and attorneys to advance his attempts to change the results of the 2020 election and defend himself in a second impeachment trial. The one expenditure Trump did make to an outside group was to one in his own orbit: a $1 million contribution to America First Policy Institute, the think tank a handful of his former aides launched when he lost the White House." (Also linked yesterday.)

Annie Karni of the New York Times: "The party plans had been months in the making and many invitees had already arrived on Martha's Vineyard when former President Barack Obama belatedly announced he was canceling his huge 60th birthday bash scheduled for Saturday. 'Due to the new spread of the Delta variant over the past week, the President and Mrs. Obama have decided to significantly scale back the event to include only family and close friends,' Hannah Hankins, a spokeswoman for the former president, said in a statement Wednesday morning.... Hundreds of former Obama administration officials, celebrities and Democratic donors had been planning to attend the party at Mr. Obama's island mansion."

Annals of "Journalism," Ha Ha Ha. Understanding Tucker. Philip Bump of the Washington Post: Tucker Carlson's "surreal forays into conspiracy-mongering ... are simply tactics meant to drag his audience into his universe, where he can stoke their frustrations about his true passion: the purported threat posed by immigrants polluting the United States.... To hear Carlson tell it, the country is imperiled by immigration at an existential level, at risk of seeing its essence diluted, and increased procreation by Americans is less a good in and of itself than as a bulwark against change. He frames this -- in the same way that many white nationalists do -- as a broad battle between Western civilization and outsider hordes encouraged by a cabal of elites who are eager to see traditional values collapse.... This week, Carlson is broadcasting from Hungary. In his broadcast on Monday, he praised the increasingly illiberal country for its success on the metrics Carlson cares about.... Carlson's framing of [Hungary's prime minister Viktor] Orban is uniformly positive and almost entirely centered on his pro-native-Hungarian policies. He even readily echoes Orban's framing."

The Pandemic, Ctd.

Tyler Pager of the Washington Post: "President Biden on Tuesday denounced Republican officials who have blocked efforts to mandate vaccines, as he encouraged cities and states to require that individuals show proof of vaccination to visit restaurants and other public spaces. In a notable toughening of his message, the president called out Republican governors who have banned businesses and universities from requiring vaccines or defied masking guidance from the Centers for Disease Control and Prevention. 'I say to these governors: Please help. But if you aren't going to help, at least get out of the way,' Biden said. 'The people are trying to do the right thing. Use your power to save lives.' When asked specifically about Republican Govs. Ron DeSantis of Florida and Greg Abbott of Texas, Biden said that 'their decisions are not good for their constituents.' DeSantis signed an executive order last week that prohibits schools from requiring masks, and Abbott signed an order that bans local governments and state agencies from mandating vaccines." ~~~

     ~~~ Marie: The sound isn't very good on any of the videos available. This one, produced by the White House, appears to be the best.

Jeff Stein, et al., of the Washington Post: "The Biden administration announced a temporary ban on evictions across most of the country on Tuesday, a move that bent to intense pressure from liberal House Democrats but that President Biden acknowledged may not prove constitutional. The Centers for Disease Control and Prevention issued a moratorium on evictions for 60 days for U.S. counties with 'substantial and high levels of community transmission' of the coronavirus, according to an agency news release. About 90 percent of the country will be covered by the ban as the virus's delta variant spreads quickly throughout the country, Senate Majority Leader Charles E. Schumer (D-N.Y.) said in a statement. The 19-page order lists criminal penalties including fines and jail time if someone is found to have violated the eviction moratorium. The Biden administration had previously said it had no legal authority to extend a separate national eviction moratorium that lapsed over the weekend." ~~~

~~~ Nicholas Wu, et al., of Politico: Rep. "Cori Bush [D-Mo.] ... has led a one-woman protest on the Capitol steps over the last several days that forced the eviction crisis to the top of the nation's agenda even after the House left town without taking action on the issue. Under intense pressure from the left, President Joe Biden on Tuesday afternoon announced a short-term fix to prevent millions of families from losing their homes despite questioning the constitutionality of doing so.... 'This is why this happened. Being unapologetic. Being unafraid to stand up,' Bush told reporters as Biden made his announcement Tuesday after she'd spent several days sleeping, mostly sitting up, on the building's steps.... As Bush continued her protest through Tuesday, she got a boost from Speaker Nancy Pelosi, who was pushing Biden privately.... After the Capitol sit-in by Bush, who has experienced homelessness after eviction, millions of Americans will see at least a temporary reprieve from the same threat."

Nick Miroff & Maria Sacchetti of the Washington Post: "The Biden administration is preparing to begin offering coronavirus vaccine to migrants in U.S. custody along the Mexico border, where illegal crossings are at their highest levels in over two decades and health officials are struggling with soaring numbers of infections, according to two Department of Homeland Security officials with knowledge of the plan. Until now, only a limited number of migrants have received vaccine while held in longer-term U.S. Immigration and Customs Enforcement detention facilities. Under the broad outlines of the new plan, DHS would vaccinate migrants soon after they cross into the United States as they await processing by U.S. Customs and Border Protection. Vaccine would be provided to those facing deportation as well as migrants likely to be released into the United States pending a court hearing, said one of the two officials...."

Sharon LaFraniere & Noah Weiland of the New York Times: "... the Food and Drug Administration has accelerated its timetable to fully approve Pfizer-BioNTech's coronavirus vaccine, aiming to complete the process by the start of next month, people familiar with the effort said.... The F.D.A.'s unofficial deadline is Labor Day or sooner, according to multiple people.... Giving final approval to the Pfizer vaccine -- rather than relying on the emergency authorization granted late last year by the F.D.A. -- could help increase inoculation rates at a moment when the highly transmissible Delta variant of the virus is sharply driving up the number of new cases. A number of universities and hospitals, the Defense Department and at least one major city, San Francisco, are expected to mandate inoculation once a vaccine is fully approved. Final approval could also help mute misinformation about the safety of vaccines and clarify legal issues about mandates."

The New York Times' live updates of Covid-19 developments Tuesday are here: "Mayor Bill de Blasio announced Tuesday morning that New York City will require proof of vaccination for people participating in indoor activities, including at restaurants, gyms and performances, his latest attempt to spur more vaccinations. The mandate also applies to workers at those places. The policy is similar to mandates issued in France and Italy last month and is believed to be the first of its kind in the United States." (Also linked yesterday.) ~~~

     ~~~ The Washington Post's live updates of Covid-19 developments Tuesday are here: "The United States has shipped more than 110 million doses of coronavirus vaccines to over 60 countries across the world, the White House said in a statement Tuesday, calling it a 'major milestone.' 'The United States will be an arsenal of vaccines for the world and is acting with the same urgency to combat the virus abroad as here at home,' the statement said." (Also linked yesterday.)

Alex Azar, in a New York Times op-ed, finally makes himself useful: "I know the [Covid-19] vaccines' features intimately because as secretary of Health and Human Services, I oversaw their development, testing, approval and distribution from April of 2020 until January of this year.... Any claims that the vaccines are unsafe or ineffective, or that corners were cut are not true.... The vaccines [developed during Operation Warp Speed] produced remarkable protection against Covid-19 and were extremely safe.... We did not predict the politicization of vaccines that has led so many Republicans to hold back.... I'm glad former President Trump got vaccinated, but it would have been even better for him to have done so on national television so that his supporters could see how much trust and confidence he has in what is arguably one of his greatest accomplishments." ~~~

     ~~~ Marie: Azar goes on to ask President Biden to show some "political graciousness" and "acknowledge the historic achievement of the Trump administration in expediting these vaccines." Really, Alex? Show graciousness to the least gracious person in American political history? To the person who tried to frame Biden & then to steal the election from him? Who continues to disparage & lie about Biden? I don't think so. (BTW, if you think "turning the other cheek" should apply here, let me remind you that the whole idea of turning the other cheek was to shame the person who slapped you. Donald Trump cannot be shamed.)

Margaret Talev of Axios: "Americans place the most blame for rising COVID-19 cases and the spread of new variants on the unvaccinated, people from other nations traveling to the U.S. and Donald Trump, according to the latest installment of the Axios/Ipsos Coronavirus Index.... The findings expose a surreal gap between the views of the vaccinated and the unvaccinated, showing how tough getting to herd immunity could be -- and providing new evidence that mandates could make a difference.... The unvaccinated cited as their top five targets of blame people from other countries traveling to the U.S. (37%), mainstream media (27%) Americans traveling internationally (23%), Biden (21%) and the unvaccinated (10%)."

Florida. "Freedom"'s Just Another Word for "White Privilege." Paul Krugman of the New York Times: "... Florida is in the grip of a Covid surge worse than it experienced before the vaccines.... At every stage of the pandemic [Gov. Ron] DeSantis has effectively acted as an ally of the coronavirus, for example by issuing orders blocking businesses from requiring that their patrons show proof of vaccination and schools from requiring masks. More generally, he has helped create a state of mind in which vaccine skepticism flourishes and refusal to take precautions is normalized.... Above all, he has been playing the liberal-conspiracy-theory card, with fund-raising letters declaring that the 'radical left' is 'coming for your freedom.'... When people on the right talk about 'freedom' what they actually mean is closer to 'defense of privilege' -- specifically the right of certain people (generally white male Christians) to do whatever they want.... As you watch DeSantis invoke 'freedom' to escape responsibility for his Covid catastrophe, remember, when he says it, that word does not mean what you think it means." (Also linked yesterday.) ~~~

~~~ Tori Powell of CBS News: "Florida Governor Ron DeSantis said Tuesday that his state will not shut down again despite a record-breaking influx of COVID-19 cases and hospitalizations, making the Sunshine State the nation's new virus epicenter.... 'These interventions have failed time and time again throughout this pandemic, not just in the United States but abroad. They have not stopped the spread. And particularly with Delta, which is even more transmissible, if it didn't stop it before, it definitely ain't going to stop it now.' DeSantis said Tuesday that 'the media fixates on cases,' while perpetuating 'hysteria' and 'fear-mongering.' 'Our hospitals are open for business,' he said. But over the past month, several major hospitals have postponed elective surgeries in the state to accommodate growing COVID-related hospitalizations."

Missouri. How to "Disappear" Covid Deaths. Jake Kincaid & Derek Kravitz of the Kansas City Star & Cameron Barnard of the Brown Institute for Media Innovation, in the Star: "Macon County Coroner Brian Hayes handles the death certificates [for the county].... And in some cases, it has meant excluding COVID-19 from death certificates." Hayes omitted Covid-19 on at least half a dozen death certificates where another cause of death, like pneumonia, could be substituted.

Beyond the Beltway

** New York. Josh Dawsey of the Washington Post: "New York Gov. Andrew M. Cuomo sexually harassed current and former state employees, creating a hostile work environment for women in violation of state and federal law, state Attorney General Letitia James announced Tuesday. James released the results of a months-long investigation and interviews with 179 individuals, including women who accused the governor of misconduct, Cuomo himself and a coterie of his top advisers.... The 165-page report laid out a devastating portrait of behavior by the Democratic governor, substantiating an allegation that Cuomo embraced an executive assistant and reached under her blouse to grab her breast. Investigators said witnesses also described an environment in the governor's office that was abusive and vindictive, in which one of the women who came forward was targeted for retaliation through the release of her personnel file. In all, the investigation found that Cuomo harassed 11 women, including a state trooper whom the governor arranged to be put on his detail." (Also linked yesterday.) ~~~

     ~~~ The New York Times report, in the form of live updates, is here. Politico's report is here. Marie: This was a civil investigation, and neither the independent investigators nor the Attorney General were charged with contemplating or bringing criminal charges. During the press conference, one of the lead investigators, Anne Clark, said that one woman had filed a complaint with the Albany district attorney. (Also linked yesterday.) ~~~

~~~ Matt Flegenheimer of the New York Times: The AG's report "is at once the fullest accounting yet of his executive misdeeds and a meticulous rendering of how that conduct was permitted to fester in the first place. To exist as a woman in Mr. Cuomo's orbit, the report suggested, was to live 'the dichotomy between fear and flirtation,' a space where the boss could toggle between intimate and intimidating and where his senior-most aides seemed to operate with a singular focus on the governor's reputation and personal comfort. In fact, the report says, as Mr. Cuomo sexually harassed women inside and outside his government, greater pains were taken to protect him from himself.... The composition of his circle, in the report's telling, was likewise intended to minimize exposure for Mr. Cuomo and accentuate a culture of fear around confronting him, with access granted chiefly to those with 'a proven, personal loyalty.'" ~~~

~~~ Update. Jonah Bromwich of the New York Times: "Gov. Andrew M. Cuomo is under criminal investigation, the Albany County district attorney said Tuesday.... Shortly after the [New York Attorney General's] report was released, [David] Soares [-- the Albany County D.A. --] issued a statement saying that his office was conducting an investigation into Mr. Cuomo's behavior and that it would be requesting investigative materials that the attorney general's office had obtained. Mr. Soares encouraged other victims to come forward to aid in the inquiry. It was not immediately clear when Mr. Soares had opened his investigation or exactly which behavior he was looking into." ~~~

~~~ President Biden says Gov. Cuomo should resign:

~~~ Jordan Williams of the Hill: "The entire Democratic congressional delegation of New York has called on Gov. Andrew Cuomo (D) to resign after an independent investigation by the state attorney general's office found he had sexually harassed multiple women. House Democratic Caucus Chair Hakeem Jeffries (N.Y.) and Reps. Gregory Meeks (D-N.Y.) and Tom Suozzi (D-N.Y.) issued a statement Tuesday, saying 'the time is right' for Cuomo to resign after an investigation found that he sexually harassed multiple women.... Most of the 19 Congressional Democrats previously called for Cuomo to resign in in March. At the time, Jeffries, Meeks, and Suozzi were the only three New York House Democrats who did not. Senate Majority Leader Charles Schumer (D-N.Y.) and Sen. Kirsten Gillibrand (D-N.) also called for Cuomo to resign at the time." ~~~

~~~ Michael Sisak & Marina Villeneuve of the AP: "New York Gov. Andrew Cuomo faced mounting pressure Tuesday to resign, including from ... [House Speaker Nancy Pelosi] and other onetime Democratic allies.... The leader of the state Assembly, which has the power to bring impeachment charges, said it was clear Cuomo could no longer remain in office. Speaker Carl Heastie, a Democrat, said he would move to complete an impeachment inquiry 'as quickly as possible.' Cuomo remained defiant, saying in a taped response to the findings that 'the facts are much different than what has been portrayed' and that he 'never touched anyone inappropriately or made inappropriate sexual advances.'" ~~~

~~~ Right Out of the Old Liars & Bullies' Playbook. Maeve Sheehy of Politico: "New York Gov. Andrew Cuomo on Tuesday denied the findings of his state's attorney general that he sexually harassed women and fostered a toxic work environment, alleging that his accusers had misconstrued what he claimed were well-intentioned gestures and comments."

Illinois. What This Country Needs Is More Blago. Andrew Jeong of the Washington Post: "Former Illinois governor and felon Rod R. Blagojevich (D) on Monday sued the state, demanding that his right to run for state and local elected office-- which was yanked by the Illinois legislature in 2009 -- be restored. 'I'm back from the dead. And it's good to be alive again,' Blagojevich, who served eight years in prison before his 14-year sentence was commuted by ... Donald Trump in 2020, told reporters outside a Chicago federal courthouse. 'It's about the people's right to choose their own leaders.'" (Also linked yesterday.) Politico's story is here.

Missouri. Eduardo Medina & Chris Cameron of the New York Times: "A St. Louis couple who gained prominence last year after they were filmed pointing guns at social justice demonstrators in front of their house were pardoned last week by Gov. Mike Parson. Mr. Parson's decision, made last week and announced in a news release on Tuesday, came more than a month after the couple, Patricia and Mark McCloskey, pleaded guilty to misdemeanor charges over the confrontation.... Mark McCloskey, who is running for a U.S. Senate seat from Missouri, pleaded guilty to fourth-degree assault and was fined $750. Patricia McCloskey pleaded guilty to second-degree harassment and was fined $2,000.... Mr. McCloskey agreed with prosecutors earlier this year that he had put the protesters in danger. 'That's what the guns were there for,' he said, 'and I'd do it again anytime the mob approaches me.'" Many of the protesters who marched past the McCloskeys' fancy home were Black. Politico's story is here.

Ohio Special Congressional Elections.

     ~~~ Ally Mutnick of Politico: "The Democratic establishment dealt a crushing blow to the progressive movement Tuesday, with Shontel Brown, the preferred candidate of party stalwarts, triumphing over Nina Turner, a face of the insurgent left, in a special congressional primary election. Turner conceded shortly after 10 p.m. with a biblical reference: 'On this night, we will not cross the river.'" ~~~

     ~~~ Eric Bradner of CNN: "Mike Carey, a coal lobbyist who was endorsed by ... Donald Trump, will win the Republican special primary in Ohio's 15th Congressional District, CNN projects. Carey's win over a crowded primary field that included better-established candidates showcased Trump's power within the party at a key moment." ~~~

     ~~~ The New York Times has full results here. ~~~

     ~~~ Jeremy Peters of the New York Times: "A Democratic candidate backed by the party establishment and a Republican endorsed by ... Donald J. Trump won two primary races for open House seats in Ohio on Tuesday, an assertion of dominance for the leadership of both political parties as they face questions over unity in their ranks."

Oklahoma. DeNeen Brown of the Washington Post: "The bodies of 19 people exhumed from a mass grave that may be connected to the 1921 Tulsa Race Massacre were reinterred Friday, despite objections from some descendants. The reburial at the city-owned Oaklawn Cemetery sparked an angry protest from some members of the Tulsa Mass Graves Public Oversight Committee, which is charged with overseeing the search for mass graves connected to one of the worst episodes of racial violence in American history. The committee voted last week to delay reburial until the city delivers its report on the mass grave, where the skeletal remains of a Black man with multiple gunshot wounds to his head and shoulder were among those discovered in June. But the city ignored the vote, said Chief Egunwale Amusan, a committee member and massacre victim descendant, who accused officials of 'a coverup.'"

News Lede

~~~ New York Times: "Col. Dave Severance, the commander of the Marine company that raised a huge American flag over the Japanese island of Iwo Jima in World War II, inspiring the photograph that thrilled the American home front and became an enduring image of men at war, died on Monday at his home in the La Jolla section of San Diego. He was 102." ~~~

     ~~~ Marie: As you may know, the iconic photo was sort of a fake. First, "The flag-raising atop Mount Suribachi on Feb. 23, 1945, captured by an Associated Press photographer, Joe Rosenthal, was taken when the battle for Iwo Jima was far from over." Second, "In midmorning, a group of Marines from Easy Company raised a flag at the summit, a ceremony photographed by Sgt. Louis Lowery of the Marine magazine Leatherneck. When James Forrestal, the secretary of the Navy, who was on the beach below, saw the flag, he requested that it be kept as a memento. After it was returned to the beach, Colonel Severance sent another group of his Marines to bring a larger flag to the mountaintop. It was the raising of the second flag that was portrayed in Mr. Rosenthal's dramatic photograph. Both flags are now at the National Museum of the Marine Corps in Quantico, Va. Frayed by strong winds, the second flag flew above Mount Suribachi for the remainder of the Iwo Jima campaign. The Joe Rosenthal photograph is in the National Archives."