January 14, 2022

Late Morning/Afternoon Update:

Helene Cooper of the New York Times: "For years, U.S. officials have tiptoed around the question of how much military support to provide to Ukraine, for fear of provoking Russia. Now, in what would be a major turnaround, senior Biden administration officials are warning that the United States could throw its weight behind a Ukrainian insurgency should President Vladimir V. Putin of Russia invade Ukraine. How the United States, which just exited two decades of war in Afghanistan, might pivot to funding and supporting an insurgency from fighting one is still being worked out. But even a conversation about how far the United States would go to subvert Russian aims in the event of an invasion has revived the specter of a new Cold War and suddenly made real the prospect of the beginnings of a so-called great power conflict."

Russia/Ukraine. Natasha Bertrand & Jeremy Herb of CNN: "The US has information that indicates Russia has prepositioned a group of operatives to conduct a false-flag operation in eastern Ukraine, a US official told CNN on Friday, in an attempt to create a pretext for an invasion. The official said the US has evidence that the operatives are trained in urban warfare and in using explosives to carry out acts of sabotage against Russia's own proxy forces. Pentagon press secretary John Kirby said the Defense Department has credible information indicating Russia has 'prepositioned a group of operatives' to execute 'an operation designed to look like an attack on them or Russian-speaking people in Ukraine' in order to create a reason for a potential invasion. The allegation echoed a statement released by Ukraine's Ministry of Defense on Friday, which said that Russian special services are preparing provocations against Russian forces in an attempt to frame Ukraine. National security adviser Jake Sullivan hinted at the intelligence during a briefing with reporters on Thursday." A Washington Post story is here.

Andrew Kaczynski & Melanie Zanona of CNN: "House Minority Leader Kevin McCarthy said publicly and privately in the days following the deadly riots at the US Capitol that ... Donald Trump admitted personally bearing some responsibility for the attack -- one of several reasons why the select committee on January 6 wants to hear from the House's top Republican. McCarthy shared the details of his conversation with Trump in a little-noticed local radio interview done a week after the insurrection, in which McCarthy said he supported a committee to investigate the attack and supported censuring then-President Trump.... The radio interview -- in which McCarthy has harsh words for Trump and strongly condemns the violent attack -- provides yet another example of how the California Republican has shifted his tone in the year since the insurrection."

Felicia Sonmez & Donna Cassata of the Washington Post: "Rep. John Katko (R-N.Y.) said Friday he will not seek another term in Congress, becoming the third of the 10 Republicans who voted last year to impeach ... Donald Trump to announce their retirement.... In a whiplash-inducing turn last year, House Minority Leader Kevin McCarthy (R-Calif.) had deputized Katko to negotiate with Democrats on legislation to create an independent, bipartisan commission to investigate the Jan. 6 attack on the Capitol by a pro-Trump mob. Katko, the top Republican on the House Homeland Security panel, reached a deal with the chairman, Rep. Bennie G. Thompson (D-Miss.), and announced the plan, only to have McCarthy reject it." A CBS News report is here.

TuKKKer Hosted (Alleged) Seditionist. Madeline Peltz of Media Matters: "Fox News' Tucker Carlson has repeatedly hosted alleged Oath Keeper Thomas Caldwell, who was charged on January 13 with seditious conspiracy alongside Oath Keeper leader Stewart Rhodes and nine others in connection to the anti-government militia's plot to violently overthrow the government on January 6, 2021. Carlson has interviewed Caldwell on both his Fox News show and his Fox Nation show. With Carlson's help, Caldwell and his wife cast themselves as victims of overzealous prosecution.... In their discussions Carlson and his guests overlooked some key details while portraying Caldwell, who was first arrested and indicted for his January 6 actions shortly after that day, merely as a 'disabled veteran.' As noted in the indictment, Caldwell was stationed outside Washington, D.C., on January 5, standing ready to distribute weapons to his fellow militia members at the direction of Rhodes." ~~~

     ~~~ MB: Thus, Fox "News" and the Murdoch boys, who have stood behind TuKKKer & all of his despicable shenanigans, now find themselves supporting an alleged terrorist who helped organize the overthrow of the U.S. government. Rupert, who is chairman, is an American citizen, but his son Lachlan, who is CEO is an Australian citizen. I suggest the U.S. deport him as an undesirable (unless DOJ would rather charge both of them for aiding & abetting an enemy of the U.S.; that would be treason for Rupert -- oh, and for TuKKKer). I'm not kidding.

Virginia. That Time Lincoln Debated Frederick Douglass. Gillian Brockell of the Washington Post: In a bill designed "to ban 'divisive concepts' from being taught in Virginia public schools," Republican freshman Del. Wren Williams inserted some examples of what were proper subjects of discussion. They included "the first debate between Abraham Lincoln and Frederick Douglass." Of course Lincoln did not debate the great civil rights leader; rather, he debated Democratic U.S. Sen. Stephen A. Douglas when Lincoln was running to unseat Douglas. (Lincoln lost.) A state agency took responsibility for the bill's error, but Brockell is not convinced. MB: Funny Williams specified including only the first debate. There were four debates, and according to Brockell, Douglas won the first one, while Lincoln won the other three. The main topic of the debates was slavery: Douglas favored allowing new states to decide by popular vote whether or not they would be slave states. Lincoln was against accepting any new slave states. Anyhow, almost makes you think legislators should butt out of trying to dictate school curricula.

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Jeanna Smialek of the New York Times: "President Biden plans to nominate three new Federal Reserve officials as he seeks to remake the central bank at a critical economic moment, a White House official familiar with the matter said on Thursday.... The White House plans to nominate Lisa Cook, an economist at Michigan State University who has researched racial disparities and labor markets, and Philip Jefferson, an economist and administrator at Davidson College, to open seats on the Fed's Board of Governors. Both Ms. Cook and Mr. Jefferson are Black. Mr. Biden will also nominate Sarah Bloom Raskin to serve as the Fed's vice chair for supervision, a job created to help police the nation's largest banks after the 2008 financial crisis. Mr. Biden had previously nominated Jerome H. Powell for a second stint as Fed chair and Lael Brainard, now a governor, as vice chair of the central bank. If they are confirmed to their posts, the seven-person Fed board would have four women, one Black man and two white men -- the most diverse team in the Fed;s roughly 108 years of existence.... [Ms. Raskin,] a former deputy secretary at the Treasury Department..., is married to Representative Jamie Raskin, a Maryland Democrat."

** If She's So Smart, Why Does She Pretend She's So Dumb? Carl Hulse of the New York Times: "President Biden's campaign to push new voting rights protections through Congress appeared all but dead on Thursday, after it became clear that he had failed to unite his own party behind his drive to overhaul Senate rules to enact the legislation over Republican opposition. In an embarrassing setback for Mr. Biden, Senator Kyrsten Sinema, Democrat of Arizona, stunned her colleagues just hours before the president was slated to make his case to them in person at the Capitol by taking the Senate floor to declare that she would not support undermining the filibuster to pass legislation under any circumstances. The announcement by Ms. Sinema, who had long opposed changing Senate rules, left Mr. Biden and Democrats without an avenue for winning enactment of the voting rights measures, which they have characterized as vital to preserve democracy in the face of a Republican-led drive in states around the country to limit access to the ballot box.... 'Like every other major civil rights bill that came along, if we miss the first time, we come back and try it a second time,' Mr. Biden said after emerging empty-handed from his session with Senate Democrats. 'We missed this time.'... In a last-ditch effort to bring the two on board, Mr. Biden met with Ms. Sinema and [Sen. Joe] Manchin at the White House on Thursday night to discuss the voting rights measures.... Late Thursday night, Senator Chuck Schumer of New York, the majority leader, announced that because of health and weather threats, the Senate would put off its consideration of the voting bill until at least Tuesday.... In her remarks, Ms. Sinema said that ... she backed the voting rights legislation her party is pushing...." (This is an update of a story linked yesterday afternoon.) ~~~

     ~~~ Marie: See, Kyrsten, you're not really for something if you vote down measures that would make it possible. Since you seem to like to make "statements" with your clothes, may I suggest a frock in a nice stars-and-bars pattern? ~~~

     ~~~ Andrea Mitchell said on MSNBC that Sinema "completely embarrassed the leader of her own party" as President Biden was heading up to the Hill to talk with senators about the voting rights bills. Mitchell called Sinema's behavior "remarkable for a freshman senator." Lawrence O'Donnell of MSNBC called Sinema's speech "contemptuous" of the Senate, of the President & of the American people; also too, full of lies. ~~~

Ending the filibuster would be the easy way out. cannot support such a perilous course for this nation when elected leaders are sent to Washington to unite our country by putting politics and party aside. It is time we do the hard work to forge the difficult compromises that can stand the test of time and deliver on the promise of a brighter tomorrow for all Americans. -- Sen. Joe Manchin (D-ish, W.Va.), in a statement dripping with hypocrisy

     ~~~ Both Sinema & Manchin Support Future Coup. Mike DeBonis & Seung Min Kim of the Washington Post: "... two Democratic senators announced they would not support changing Senate rules that have long allowed a minority of senators to block legislation. The fresh statements from Sens. Joe Manchin III (W.Va.) and Kyrsten Sinema (Ariz.) came as President Biden traveled to Capitol Hill to deliver a final, forceful appeal for action, putting an exclamation point on their party's long and so far fruitless effort to counter restrictive Republican-passed state voting laws." ~~~

~~~ Fabiola Cineas of Vox talks with election law expert Richard Hasen about President Biden's & other Democrats' failures to push the voting rights laws earlier on and about another problem that these laws don't address: election subversion, "a strategy to would negate legitimate election results by simply refusing to accept them -- like, for example, appointing rogue presidential electors." ~~~

     ~~~ Craig Mauger of the Detroit News: "Michigan Attorney General Dana Nessel said Thursday she referred to federal prosecutors a probe into Republicans who signed and submitted a certificate falsely claiming Donald Trump won Michigan's electoral votes. The revelation demonstrated the potential seriousness and ongoing nature of the investigation and could have repercussions throughout state politics, as the 16 Republicans in question, include high-ranking members of the state GOP, like Co-Chairwoman Meshawn Maddock. During an appearance on MSNBC's 'The Rachel Maddow Show,' Nessel announced the case's referral to the U.S. attorney's office for the Western District of Michigan. The Democratic attorney general specifically suggested forgery charges could be considered and said the GOP electors in Michigan seemed to be part of a 'coordinated effort.' Similar certificates were created by Republicans in a handful of other battleground states." (MB: Nevada, Georgia, Arizona & Wisconsin) ~~~

     ~~~ Marie: Maddow noted during her show that the fake documents submitted to the National Archives as genuine certificates from various states "appear to be almost identical -- same font, same spacing, etc." More evidence, then, that these false documents were part of the coordinated effort to overturn the 2020 presidential election.

** Alan Feuer & Adam Goldman of the New York Times: "Stewart Rhodes, the leader and founder of the far-right Oath Keepers militia, was arrested on Thursday and charged with seditious conspiracy for organizing a wide-ranging plot to storm the Capitol last Jan. 6 and disrupt the certification of Joseph R. Biden Jr.'s electoral victory, federal law enforcement officials said. The arrest of Mr. Rhodes was a major step forward in the sprawling investigation of the Capitol attack and the case marked the first time that prosecutors had filed charges of sedition. According to his lawyer, Jonathon Moseley, Mr. Rhodes was arrested at shortly before 1 p.m.... Prosecutors have collected reams of evidence against [the Oath Keepers], including encrypted cellphone chats and recordings of online meetings. They have charged its members not only with forcing their way into the building in a military-style 'stack,' but also with stationing an armed 'quick reaction force' at a hotel in Virginia to be ready to rush into Washington if needed." (Also linked yesterday afternoon.) ~~~

~~~ Michael Balsamo, et al., of the AP: "Stewart Rhodes, the founder and leader of the far-right Oath Keepers militia group, and 10 other members or associates have been charged with seditious conspiracy in the violent attack on the U.S. Capitol, authorities said Thursday. Despite hundreds of charges already brought in the year since pro-Trump rioters stormed the Capitol in an effort to stop the certification of President Joe Biden's 2020 election victory, these were the first seditious conspiracy charges levied in connection with the attack on Jan. 6, 2021.... The charges rebut, in part, the growing chorus of Republican lawmakers who have publicly challenged the seriousness of the insurrection, arguing that since no one had been charged yet with sedition or treason, it could not have been so violent.... Among the last successful convictions for seditious conspiracy stemmed from another, now largely forgotten storming of the Capitol in 1954, when four Puerto Rican nationalists opened fire on the House floor, wounding five representatives." ~~~

     ~~~ Marie: I remember the 1954 attack. I was a child in 1954, and I didn't learn about it (or at least it didn't register) until years later. But when I did read about it, it stuck in my mind because a violent attack within in the U.S. Capitol struck me as so alarming as to render it unforgettable. And now it has happened again, this time at the behest of a U.S president*. While the memory of the January 6 insurrection surely will fade, it will make every U.S. history book -- unless Republicans censor the books. ~~~

~~~ The Justice Department's statement, which is worth a read, is here. It succinctly lays out the case against those indicted Wednesday and of eight other individuals charged in related cases.

Luke Broadwater & Mike Isaac of the New York Times: "The House committee investigating the Jan. 6 attack on the Capitol issued subpoenas on Thursday to four major social media companies -- Alphabet, Meta, Reddit and Twitter -- criticizing them for allowing extremism to spread on their platforms and saying they have failed to cooperate adequately with the inquiry. In letters accompanying the subpoenas, the panel named Facebook, a unit of Meta, and YouTube, which is owned by Alphabet's Google subsidiary, as among the worst offenders that contributed to the spread of misinformation and violent extremism. The committee said it had been investigating how the companies 'contributed to the violent attack on our democracy, and what steps -- if any -- social media companies took to prevent their platforms from being breeding grounds for radicalizing people to violence.'"

Mariana Alfaro & Amy Wang of the Washington Post: "House Minority Leader Kevin McCarthy (R-Calif.) on Thursday continued to defy the House select committee investigating the Jan. 6 insurrection, claiming there was no information he could provide the panel about what ... Donald Trump did that day to stop the attack, although the two men spoke privately. In a contentious news conference, McCarthy repeatedly evaded questions about whether he would defy a subpoena from the committee, and he accused the investigation of being 'pure politics.' The committee's leaders said Thursday that they are considering issuing a subpoena to McCarthy...." (Also linked yesterday afternoon.) ~~~

     ~~~ Marie: Not only did McCarthy avoid answering some of the press's questions about the insurrection during his so-called press conference, Rep. Madeleine Dean (D-Pa.) said she saw him running through the halls of the Capitol building to avoid the press. ~~~

~~~ Really, Kevin? Greg Sargent of the Washington Post: "In refusing to testify to the House select committee examining Jan. 6, House Minority Leader Kevin McCarthy may well be helping to cover up potential crimes committed by Donald Trump.... McCarthy ... likely has some of the most direct knowledge available of Trump's conduct as the mob rampage continued. That could have criminal implications, if Trump's attempt to subvert the electoral count in Congress amounted to an effort to obstruct an official proceeding." (Also linked yesterday afternoon.) ~~~

~~~ Washington Post Editors: "The Jan. 6 probe ... represents the country's best chance to compile an authoritative account of how and why a sitting president tried to overturn a free and fair election and, when he failed, spurred a mob to attack Congress as it counted electoral college votes. This review is indispensable ... to bolster the nation's democratic procedures against another attempt to subvert them.... No patriotic American should oppose such a probe. Yet, from the beginning, the minority leader has sought to impede any reasonable inquiry.... He now argues that, because Democrats balked at his efforts to sabotage the committee, it is illegitimate. Mr. McCarthy likely has direct knowledge of then-president Donald Trump's state of mind on and around Jan. 6, as well as details of Mr. Trump's weeks-long effort before the attack to overturn the 2020 election results.... Subpoenaing Mr. McCarthy is more than justified.... His behavior amounts to a dereliction of his oath to support and defend the Constitution...."

Maggie Haberman of the New York Times: "The Republican National Committee is preparing to change its rules to require presidential candidates seeking the party's nomination to sign a pledge to not participate in any debates sponsored by the Commission on Presidential Debates. Republican committee officials alerted the debate commission to their plans in a letter sent on Thursday, a copy of which was obtained by The New York Times. If the change goes forward, it would be one of the most substantial shifts in how presidential and vice-presidential debates have been conducted since the commission began organizing debates more than 30 years ago. The nonprofit commission, founded by the two parties in 1987 to codify the debates as a permanent part of presidential elections, describes itself as nonpartisan. But Republicans have complained for nearly a decade that its processes favor the Democrats, mirroring increasing rancor from conservatives toward Washington-based institutions." (Also linked yesterday afternoon.) ~~~

     ~~~ Marie: One of the RNC's complaints -- that in 2020, all of the debates were held after the first ballots were cast -- sounds reasonable to me. Other complaints sound like the usual GOP waaah, waaah, waaah chorus.

Sam Roberts of the New York Times: "Clyde Bellecourt, a founder of the American Indian Movement who led violent protests in the 1970s at Wounded Knee, S.D., and in Washington over the federal government's grim record of broken treaty obligations, and who later pressured sports teams to expunge their Native American nicknames, died on Tuesday at his home in Minneapolis. He was 85.

The Pandemic, Ctd., Brought to You by the Supreme Court

The New York Times' live updates of Covid-19 developments Friday are here: "The extremely contagious Omicron variant is fueling an enormous coronavirus wave that is pushing hospitals close to their capacity limits in about two dozen states, according to data posted by the U.S. Department of Health and Human Services.... The pressure on I.C.U. capacity comes as the Omicron variant has touched off a nearly vertical rise in infections and hospitalizations. The country as a whole and 26 states have reported more coronavirus cases in the past week than in any other seven-day period." ~~~

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

When we are wise, we know not to displace the judgments of experts, acting within the sphere Congress marked out and under Presidential control, to deal with emergency conditions. Today, we are not wise. In the face of a still-raging pandemic, this Court tells the agency charged with protecting worker safety that it may not do so in all the workplaces needed. As disease and death continue to mount, this Court tells the agency that it cannot respond in the most effective way possible. -- Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan, dissent of majority decision, NFIB v. OSHA

Marie: You can read the full dissent here. It starts on page 17. (The crap opinion & concurrence, which occupy the first 16 pages, are not worth reading, IMO.) ~~~

~~~ Ariane de Vogue of CNN: "The Supreme Court on Thursday blocked President Joe Biden's vaccine and testing requirement aimed at large businesses, but it allowed a vaccine mandate for certain health care workers to go into effect nationwide. The decision is a huge hit to Biden's attempts to use the power of the federal government to fight the Covid-19 pandemic.... Biden issued a statement praising the ruling on health care workers but criticized the ruling on businesses that will have the much wider effect. 'I am disappointed that the Supreme Court has chosen to block common-sense life-saving requirements for employees at large businesses that were grounded squarely in both science and the law,' Biden said.... Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan issued a blistering dissent." (This is an update of a breaking story linked yesterday afternoon.) ~~~

     ~~~ ** Update. Robert Barnes of the Washington Post: "The Supreme Court on Thursday stopped the Biden administration's vaccination-or-testing requirement on the nation's largest employers, expressing doubt that there is legal authority for such a broad mandate. But the court allowed a different policy, which requires vaccinations for most health-care workers at the facilities that receive Medicaid and Medicare funds. Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh were the only members of the court in the majority of both orders. Essentially, they found Congress had given federal agencies the power to impose the requirement on health-care workers at facilities receiving federal funds, but that there was no authority to impose sweeping requirements in workplaces across the nation.... Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Amy Coney Barrett objected to the health-care worker requirements." (Also linked yesterday afternoon.) ~~~

~~~ Paul Campos in LG&$: "... John Roberts and the Furious Five have ruled that because in 1970 Congress didn't have the foresight to pass a statute that specifically said that Joe Biden could tell OSHA in 2021 to issue a vaccine mandate because of COVID-19, Joe Biden can't do that. This is a consistent application of the Republican Supreme Court's doctrine that statutes written in general terms to deal with a wide variety of issues can only be enforced by Republican administrations."

Danielle Douglas-Gabriel of the Washington Post: "Student enrollment at colleges fell once again in the fall, a report has found, prompting some to worry whether the declines experienced during the pandemic could become an enduring trend. The National Student Clearinghouse Research Center on Thursday said undergraduate enrollment in fall 2021 dropped 3.1 percent, or by 465,300 students, compared with a year earlier. The drop is similar to that of the previous fall and contributes to a 6.6 percent decline in undergraduate enrollment since 2019. That means more than 1 million students have gone missing from higher education in the wake of the coronavirus pandemic, according to the Clearinghouse.... Experts worry that the unabating declines signal a shift in attitudes about higher education and could threaten the economic trajectory of a generation." ~~~

     ~~~ Marie: If the "experts" are right, you can blame Republicans for a significant portion of the impending economic loss inasmuch as they've knocked themselves out to extend the life of the pandemic. ~~~

~~~ Michael Gerson of the Washington Post: "When the future judges our political present, it will stand in appalled, slack-jawed amazement at the willingness of GOP leaders to endanger the lives of their constituents -- not just the interests of their constituents, but their lungs and beating hearts -- in pursuit of personal power and ideological fantasies." MB: Worth reading for Gerson's takedowns of Ron DeSantis, Rand Paul & Ron Johnson. Every time I read something by or about the likes of Gerson, I am reminded that mainstream Republicans, despite their many bad & craven political postures, were not, on the whole, batshit crazy.

Australia. Off Again. Michael Miller & Frances Vinall of the Washington Post: "Australian authorities canceled the visa of Novak Djokovic on Friday, reigniting the legal battle over the unvaccinated tennis star's controversial entry into the country and renewing doubt over whether he will be able to pursue a record-breaking Australian Open title. Immigration Minister Alex Hawke used his personal power to cancel the Serb's visa for the second time this month, citing health and good order grounds, amid questions over whether Djokovic lied on an immigration form about contracting the coronavirus and his travel in the two weeks before arriving in Australia last Wednesday. The top-ranked men's player apologized earlier this week for what he said was 'human error' on the travel declaration, which he attributed to an agent, and for attending a Dec. 18 interview with a French sports publication despite learning he had tested positive for the virus." The AP's report is here.

Beyond the Beltway

California. Shawn Hubler of the New York Times: "Gov. Gavin Newsom of California on Thursday denied parole to Sirhan B. Sirhan, departing from the recommendation of a state parole panel in August that the man convicted of assassinating Robert F. Kennedy be freed. 'Mr. Sirhan's assassination of Senator Kennedy is among the most notorious crimes in American history,' the governor wrote in his decision, saying he had weighed the recommendation but determined that Mr. Sirhan, 77, who has spent more than 50 years in prison, still poses an unreasonable threat to public safety. 'After decades in prison, he has failed to address the deficiencies that led him to assassinate Senator Kennedy,' the governor wrote. 'Mr. Sirhan lacks the insight that would prevent him from making the same types of dangerous decisions he made in the past.'... Mr. Kennedy's widow, Ethel Kennedy, and six of his nine surviving children said in a statement that they were grateful and 'deeply relieved.'" MB: Me too. The AP's report is here.

Maryland. Alyssa Lukpat & Christine Chung of the New York Times: "Marilyn Mosby, Baltimore's top prosecutor, was indicted Thursday on charges that she perjured herself to obtain money from a retirement fund and made false statements on loan applications to buy two vacation homes in Florida. The charges against Ms. Mosby, 41, who was first elected state's attorney in 2014 and drew national attention the following year for her handling of the death of Freddie Gray, a 25-year-old Black man who died in police custody, came after a monthslong investigation by federal authorities. Ms. Mosby filed two requests in 2020 to withdraw about $90,000 from her city retirement account, according to the U.S. Attorney's Office in Maryland. She faces two counts of perjury for those requests, which were made through the CARES Act, because she claimed that the pandemic had caused her financial difficulties. But at the time, she was fully employed and making almost $250,000 a year, according to the indictment.... Ms. Mosby used the money she had withdrawn for down payments on the homes, according to the indictment. She did not disclose on her mortgage applications that she owed more than $45,000 in taxes to the Internal Revenue Service. In March 2020, the I.R.S. placed a lien on all the properties belonging to Ms. Mosby. The lien also applied to her husband, Nick Mosby, president of the Baltimore City Council. He is not charged in the case."

New York. Your Tax Dollars Are Going to Slum Landlords Who Neglect Buildings. Peter Whoriskey, et al., of the Washington Post: "The fire on Sunday at the [Bronx Park] complex that left 17 people dead ... has illuminated a striking contrast -- between a group of investor landlords, whose portfolios have flourished with deals based on government incentives, and the residents of a building that, ensuing scrutiny showed, has a record of building code violations for mice, roaches, lead paint and faulty safety doors.... Fire investigators have linked the Bronx fire to a malfunctioning space heater being used in a bedroom, and two interior doors that were left open, allowing the deadly smoke from the apartment to waft through the building.... 'These landlords are making a lot of money off these buildings with all these different subsidies,' said Judith Goldiner, a longtime housing attorney with the Legal Aid Society whose clients include tenants of the Bronx building. They 'should have been making sure this building was safe.'"

Virginia. Emily Davies of the Washington Post: "Outgoing Virginia Attorney General Mark R. Herring on Thursday announced that he had overturned 58 historic legal opinions that perpetuated racial discrimination, acknowledging that his office once served as 'a key cog in the machinery of oppression.' The opinions, issued between 1904 and 1967, were remnants of a time when the attorney general's office played a role in upholding Jim Crow and maintaining segregation in schools long after it was outlawed. The legal writings have been toothless since the Supreme Court issued rulings that outlawed discrimination on the basis of race. But Herring, who made the announcement along with members of the state's NAACP and Legislative Black Caucus, said he hopes his sweeping order will send a message that Virginia is continuing to reckon with its past."

Wisconsin. Voter Suppression, Ctd. Shawn Johnson of NPR: "A Waukesha County judge has ruled that absentee ballot drop boxes are not allowed under Wisconsin law, a ruling that could potentially remove an option for voting ahead of the state's crucial midterm elections. Ruling from the bench Thursday, Circuit Court Judge Michael Bohren ordered the Wisconsin Elections Commission to rescind its guidance to clerks on how to use the drop boxes, saying the WEC had exceeded its authority when it issued the recommendations. 'In looking at the statutes, there is no specific authorization for drop boxes,' Bohren said. Bohren's ruling sided with the conservative Wisconsin Institute for Law and Liberty in its lawsuit against the commission. The ruling is all but certain to be appealed." MB: Another reminder that voters will not have the same protection of the courts in 2022 as they did in 2020. Bohren's ruling is similar to what Paul Campos (linked above) called the Supreme Court's doctrine: "... statutes written in general terms ... can only be enforced by Republican administrations."

Way Beyond

Russia, etc. Anton Troianovski of the New York Times: "Russian officials signaled that they could abandon diplomatic efforts to resolve the security crisis surrounding Ukraine, bringing a whirlwind week of European diplomacy to an ominous end and deflating hopes that negotiators could forge a path toward easing tensions in Eastern Europe. One senior Russian diplomat said that talks with the West were approaching a 'dead end,' while another said the Kremlin would wait until it receives written responses next week to its demands from Washington and from NATO before deciding how to proceed. It was clear that Russia's next move would be up to President Vladimir V. Putin...." (Also linked yesterday afternoon.)

Ukraine. Andrew Kramer of the New York Times: "Hackers brought down several Ukrainian government websites on Friday, posting a message on the site of the Foreign Ministry saying, 'Be afraid and expect the worst.' It was the latest in a long line of cyberattacks targeting the country amid its conflict with Russia. The attack on Friday was ominous for its timing, coming a day after the apparent breakdown of diplomatic talks between Russia and the West intended to forestall a threatened Russian invasion of Ukraine. The message appeared in Ukrainian, Russian and Polish on the foreign ministry website."

U.K. As the Queen Sat Alone. Peter Walker & Harry Taylor of the Guardian: "Staff inside Downing Street held two staff leaving events featuring alcohol, and one with loud music, on the evening before Prince Philip's funeral in April last year, when such social contact remained banned, according to new allegations reported on Thursday. Eyewitnesses told the Daily Telegraph that a combined total of about 30 people took part in what appeared to be social events in different parts of Downing Street, before both gatherings combined in the garden.... Philip's funeral took place in the private chapel at Windsor Castle the next day, Saturday 17 April, with the Queen sitting alone to maintain social distancing. Boris Johnson was not at Downing Street that evening, having gone to the prime ministerial country retreat, Chequers.... The reports were met with fury across the political spectrum as more Tory MPs called for Johnson to be deposed as leader."

William Booth & Karla Adam of the Washington Post: "Buckingham Palace announced Thursday that 'with the Queen's approval and agreement,' all of Prince Andrew's military affiliations and remaining royal patronages have been returned -- a devastating blow for Elizabeth II's second son, who is facing a U.S. civil lawsuit that accuses him of having sex with a teenager trafficked by disgraced financier Jeffrey Epstein. Andrew, who denies the allegations, has been mostly out of the public eye for the past year, and many organizations distanced themselves from him after he defended his relationship with Epstein in a disastrous 2019 BBC interview. But he had retained his honorary military roles with multiple British regiments. And the Buckingham Palace website had listed dozens and dozens of schools, hospitals and clubs with which he was still a royal patron.... Andrew will stop using the honorific title 'His Royal Highness,' though he remains a duke and a prince." (Also linked yesterday afternoon.)

January 13, 2022

Afternoon Update:

Ariane de Vogue of CNN: "The Supreme Court blocked President Joe Biden's vaccine or testing requirement aimed at large businesses, but it allowed a vaccine mandate for certain health care workers to go into effect nationwide. The ruling blocking the rule for large businesses was based on the argument that Congress has not given the Occupational Safety and Health Administration the power to enact such a mandate.... Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan dissented [from the unsigned opinion]." This is a breaking story at 2:45 pm ET. ~~~

     ~~~ Update. Robert Barnes of the Washington Post: "The Supreme Court on Thursday stopped the Biden administration's vaccination-or-testing requirement on the nation's largest employers, expressing doubt that there is legal authority for such a broad mandate. But the court allowed a different policy, which requires vaccinations for most health-care workers at the facilities that receive Medicaid and Medicare funds. Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh were the only members of the court in the majority of both orders. Essentially, they found Congress had given federal agencies the power to impose the requirement on health-care workers at facilities receiving federal funds, but that there was no authority to impose sweeping requirements in workplaces across the nation.... Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Amy Coney Barrett objected to the health-care worker requirements."

** Alan Feuer & Adam Goldman of the New York Times: "Stewart Rhodes, the leader and founder of the far-right Oath Keepers militia, was arrested on Thursday and charged with seditious conspiracy for organizing a wide-ranging plot to storm the Capitol last Jan. 6 and disrupt the certification of Joseph R. Biden Jr.'s electoral victory, federal law enforcement officials said. The arrest of Mr. Rhodes was a major step forward in the sprawling investigation of the Capitol attack and the case marked the first time that prosecutors had filed charges of sedition. According to his lawyer, Jonathon Moseley, Mr. Rhodes was arrested at shortly before 1 p.m.... Prosecutors have collected reams of evidence against [the Oath Keepers], including encrypted cellphone chats and recordings of online meetings. They have charged its members not only with forcing their way into the building in a military-style 'stack,' but also with stationing an armed 'quick reaction force' at a hotel in Virginia to be ready to rush into Washington if needed."

Mariana Alfaro & Amy Wang of the Washington Post: "House Minority Leader Kevin McCarthy (R-Calif.) on Thursday continued to defy the House select committee investigating the Jan. 6 insurrection, claiming there was no information he could provide the panel about what ... Donald Trump did that day to stop the attack, although the two men spoke privately. In a contentious news conference, McCarthy repeatedly evaded questions about whether he would defy a subpoena from the committee, and he accused the investigation of being 'pure politics.' The committee's leaders said Thursday that they are considering issuing a subpoena to McCarthy...." ~~~

~~~ Really, Kevin? Greg Sargent of the Washington Post: "In refusing to testify to the House select committee examining Jan. 6, House Minority Leader Kevin McCarthy may well be helping to cover up potential crimes committed by Donald Trump.... McCarthy ... likely has some of the most direct knowledge available of Trump's conduct as the mob rampage continued. That could have criminal implications, if Trump's attempt to subvert the electoral count in Congress amounted to an effort to obstruct an official proceeding."

** If She's So Smart, Why Does She Pretend She's So Dumb? Carl Hulse of the New York Times: "President Biden's drive to push new voting rights protections through Congress hit a major obstacle on Thursday when Senator Kyrsten Sinema, Democrat of Arizona, declared that she would not support undermining the Senate filibuster to enact new laws under any circumstances. Pre-empting a presidential visit to the Capitol to meet privately with Democrats, Ms. Sinema took to the floor to say that while she backed two new voting rights measures and was alarmed about new voting restrictions in some states, she believed that a unilateral Democratic move to weaken the filibuster would only foster growing political division." ~~~

     ~~~ Marie: See, Kyrsten, you're not really for something if you vote against measures that would make it possible. Since you seem to like to make "statements" with your clothes, may I suggest a frock in a nice stars-and-bars pattern? ~~~

     ~~~ Andrea Mitchell said on MSNBC that Sinema "completely embarrassed the leader of her own party" as President Biden was heading up to the Hill to talk with senators about the voting rights bills. Mitchell called Sinema's behavior "remarkable for a freshman senator."

Maggie Haberman of the New York Times: "The Republican National Committee is preparing to change its rules to require presidential candidates seeking the party's nomination to sign a pledge to not participate in any debates sponsored by the Commission on Presidential Debates. Republican committee officials alerted the debate commission to their plans in a letter sent on Thursday, a copy of which was obtained by The New York Times. If the change goes forward, it would be one of the most substantial shifts in how presidential and vice-presidential debates have been conducted since the commission began organizing debates more than 30 years ago. The nonprofit commission, founded by the two parties in 1987 to codify the debates as a permanent part of presidential elections, describes itself as nonpartisan. But Republicans have complained for nearly a decade that its processes favor the Democrats, mirroring increasing rancor from conservatives toward Washington-based institutions." ~~~

     ~~~ Marie: One of the RNC's complaints -- that in 2020, all of the debates were held after the first ballots were cast -- sounds reasonable to me. Other complaints sound like the usual GOP waaah, waaah, waaah chorus.

Russia, etc. Anton Troianovski of the New York Times: "Russian officials signaled that they could abandon diplomatic efforts to resolve the security crisis surrounding Ukraine, bringing a whirlwind week of European diplomacy to an ominous end and deflating hopes that negotiators could forge a path toward easing tensions in Eastern Europe. One senior Russian diplomat said that talks with the West were approaching a 'dead end,' while another said the Kremlin would wait until it receives written responses next week to its demands from Washington and from NATO before deciding how to proceed. It was clear that Russia's next move would be up to President Vladimir V. Putin...."

U.K. William Booth & Karla Adam of the Washington Post: "Buckingham Palace announced Thursday that 'with the Queen's approval and agreement,' all of Prince Andrew's military affiliations and remaining royal patronages have been returned -- a devastating blow for Elizabeth II's second son, who is facing a U.S. civil lawsuit that accuses him of having sex with a teenager trafficked by disgraced financier Jeffrey Epstein. Andrew, who denies the allegations, has been mostly out of the public eye for the past year, and many organizations distanced themselves from him after he defended his relationship with Epstein in a disastrous 2019 BBC interview. But he had retained his honorary military roles with multiple British regiments. And the Buckingham Palace website had listed dozens and dozens of schools, hospitals and clubs with which he was still a royal patron.... Andrew will stop using the honorific title 'His Royal Highness,' though he remains a duke and a prince."

~~~~~~~~~~

Joe Biden Gets Under the Turtle's Skin. Trish Turner, et al., of ABC News: "As President Joe Biden prepared to head to Capitol Hill on Thursday to rally Senate Democrats on election reform, a visibly angry Republican Leader Mitch McConnell fired back Wednesday, saying he didn't recognize the man who delivered the fiery speech in Georgia on voting rights one day earlier. McConnell characterized Biden's speech -- in which the president called for the Senate to change its rules by 'whichever way they need to be changed' in order to pass Democrats' voting bills -- as 'profoundly, profoundly un-presidential,' deeming the remarks a 'rant' that 'was incoherent, incorrect and beneath his office.'" MB: That's odd; the teevee pundits I heard seemed to like the speech. If Mitch doesn't care to be likened to Jeff Davis & Bull Connor, he might start by supporting the voting rights bills. Instead, he's leading the filibusters against them. (Also linked yesterday afternoon.)

Woe Be the Taxman. Tara Bernard of the New York Times: "The Internal Revenue Service will kick off the approaching tax season with a backlog of at least 10 million unprocessed returns from last year, according to a new report by the national taxpayer advocate. The pile of returns remaining are from the 'most challenging year taxpayers and tax professionals have ever experienced,' the advocate, Erin M. Collins, wrote in her annual report. Although the backlog is not too different from last season's, it is a far higher number than the unprocessed returns the I.R.S. typically faced before the pandemic. One big reason for the pileup, according to the report, is that the federal government charged the I.R.S. with administering various stimulus payments and other programs during the pandemic. That meant the agency, which has had its budget and work force shrink in recent years, had to reallocate a lot of resources to carry out those financial relief programs." ~~~

     ~~~ Marie: Feel free to blame Congressional Republicans for the backlog, because they're the ones who have insisted on squeezing the IRS.

Martin Crutsinger of the AP: "The United States Mint said Monday it has begun shipping quarters featuring the image of poet Maya Angelou, the first coins in its American Women Quarters Program. Angelou, an American author, poet and Civil Rights activist, rose to prominence with the publication of 'I Know Why the Caged Bird Sings' in 1969. Angelou, who died in 2014 at the age of 86, was honored with the Presidential Medal of Freedom in 2010 by President Barack Obama. The quarter design depicts Angelou with outstretched arms. Behind her are a bird in flight and a rising sun, images inspired by her poetry."

Maria Sacchetti & Sean Sullivan of the Washington Post: "Two months after President Biden said migrant families separated at the border under the Trump administration deserve compensation, his administration's lawyers are arguing in federal court that they are not in fact entitled to financial damages and their cases should be dismissed. The Justice Department outlined its position in the government's first court filings since settlement negotiations that could have awarded the families hundreds of thousands of dollars broke down in mid-December. Government lawyers emphasized in the court documents that they do not condone the Trump administration's policy of separating the children of undocumented migrants from their parents. But they said the U.S. government has a good deal of leeway when it comes to managing immigration and is immune from such legal challenges."

Mike DeBonis of the Washington Post: "Senate Majority Leader Charles E. Schumer prepared Democrats on Wednesday for the final phase of a year-long push to pass voting rights legislation, sketching out legislative maneuvers that could launch debate on a pair of stalled bills and force a confrontation over the Senate's rules in the coming days. The details of the next steps, laid out in a memo that Schumer (D-N.Y.) sent to colleagues Wednesday afternoon, comes as President Biden has launched his own aggressive push to convince his fellow Democrats to band together and overhaul the filibuster -- the long-standing Senate rule requiring a 60-vote supermajority -- in order to overcome strict GOP opposition to voting rights bills." ~~~

     ~~~ Alayna Treene of Axios: "Democratic leaders have found a mechanism to enable them to bypass an initial Republican filibuster and debate the party's sweeping election reform bills, according to a new leadership memo.... Regardless of this new tactic, the Senate would still need to lower the 60-vote filibuster in order to pass the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act in the face of Republicans' total opposition to the bills. But Sens. Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.) are against going nuclear on the filibuster in order to do so, which means the bills will likely fail." MB: Treene explains the maneuver, which DeBonis mentions with less detail.

** Kevin Gets an Invitation. Luke Broadwater of the New York Times: "The House committee investigating the Jan. 6 attack on the Capitol on Wednesday formally requested an interview with Representative Kevin McCarthy, the minority leader, who was in close contact with ... Donald J. Trump during and after the violence.... Mr. McCarthy, a California Republican, [is] the highest-ranking lawmaker the panel has pursued in its inquiry.... 'You have acknowledged speaking directly with the former president while the violence was underway on Jan. 6,' Representative Bennie Thompson, Democrat of Mississippi and chairman of the committee, wrote [to McCarthy].... 'It appears that you had one or more conversations with the president during this period [shortly after Jan. 6], including a conversation on or about Jan. 11,' Mr. Thompson wrote. 'It appears that you may also have discussed with President Trump the potential he would face a censure resolution, impeachment, or removal under the 25th Amendment. It also appears that you may have identified other possible options, including President Trump's immediate resignation from office.'" The AP's story is here. (Also linked yesterday.) ~~~

     ~~~ The linked NYT story has been updated to reflect McCarthy's response: "Mr. McCarthy quickly announced that he would refuse to cooperate, but the request sent a clear message that the committee's investigators are willing to pursue the highest-ranking figures on Capitol Hill for information about Mr. Trump's mind-set as the violence unfolded. A federal judge has suggested the former president's attitude will be pivotal to determining whether Mr. Trump can face any liability for the day's mayhem." The AP's story linked above also has been updated to reflect McCarthy's refusal to answer questions.

     ~~~ You can read the letter here. Marie: The letter is well worth a read; along with widely-reported conversations, it contains information that, as far as I remember, the public has not previously heard. The committee's press release, which includes only some of the letter's text, is here. ~~~

~~~ Aaron Blake of the Washington Post: "A few weeks ago, Jan. 6 committee member Rep. Liz Cheney (R-Wyo.) floated a specific crime she suggested ... Donald Trump might have committed that day: 'corruptly' obstructing or attempting to obstruct an 'official proceeding' -- that is, Congress's counting of electoral votes. On Wednesday, the committee's chairman pointed to another area of inquiry with both potential criminal implications and an interesting backstory: witness tampering.... 'Your public statements regarding January 6th have changed markedly since you met with Trump,' [committee chair Bennie] Thompson wrote [to Kevin McCarthy]. 'At that meeting, or at any other time, did President Trump or his representatives discuss or suggest what you should say publicly, during the impeachment trial (if called as a witness), or in any later investigation about your conversations with him on January 6th?'" ~~~

     ~~~ Marie: Blake goes into why Kevin's about-face would not be witness-tampering. But this seems like a no-brainer to me: of course Trump tampers with any Republican who might be a witness against him. He lets them know, directly or indirectly, that he will ruin their careers (and their lives!) if they don't repeat the Big Lie & don't bow down before him. He also belittles them publicly, impugning their characters & their abilities. Everybody knows Trump's opprobium works. So of course Republican politicians are intimidated. And that is, without doubt, Trump's intention.

Annie Grayer & Ryan Nobles of CNN: "Former White House press secretary Kayleigh McEnany on Wednesday appeared before the House select committee investigating the January 6 insurrection, two sources familiar with the matter tell CNN. The meeting was virtual. McEnany, who worked in the Trump White House and was a spokesperson for Trump's 2020 reelection campaign, was initially subpoenaed in November. McEnany was absent Wednesday from 'Outnumbered,' the lunch hour show she usually co-hosts on Fox. The committee has requested a significant number of McEnany's records from the National Archives, which are still tied up in court because ... Donald Trump has asked the Supreme Court to block the committee's access to his White House records."

David Edwards of the Raw Story: "MyPillow CEO Mike Lindell argued this week that '300 million' Americans belong in jail for election fraud.... 'We have enough evidence to put everybody in prison for life, 300 and some million people. We have that all the way back to November and December.'... Lindell did not reveal evidence that could put all Americans in jail." ~~~

     ~~~ Philip Bump of the Washington Post looks at the numbers: "the number of people that Lindell has identified as culpable here is every American aged 7 and up, a group that totals 302 million. If we assume that everyone who was 6 or younger did not commit The Crime That Is So Bad, then we get to Lindell's number. Sorry for those 9-year-olds about to spend the next 65 years at Leavenworth." Marie: Any way you cut it, Mike thinks you should be behind bars. I'm thinking he has a contract with some big private prison system to provide up to 300 million pillows to all the new cells. His own cell should be fully-padded.

Marc Caputo of NBC News: "Rep. Matt Gaetz's ex-girlfriend testified Wednesday before a federal grand jury investigating him for sex crimes, a major development that suggests the Department of Justice may be moving closer to indicting him. The ex-girlfriend ... has been in talks for months with prosecutors about an immunity deal. Under a possible deal, she would avoid prosecution for obstruction of justice in return for testifying in the investigation into whether Gaetz in 2017 had sex with a 17-year-old female for money and whether months later he and others violated a federal law prohibiting people from transporting others across state lines to engage in prostitution. Legal sources familiar with the case say Gaetz is being investigated for three distinct crimes: sex trafficking the 17-year-old; violating the Mann Act, which prohibits taking women across state lines for prostitution; and obstructing justice." ~~~

     ~~~ David Shortell, et al., of CNN: "The woman, a former Capitol Hill staffer, has been linked to Gaetz as far back as the summer of 2017." (Also linked yesterday afternoon.)

Jeanna Smialek & Ana Swanson of the New York Times: "Inflation climbed to its highest level in 40 years at the end of 2021, a troubling development for President Biden and economic policymakers as rapid price gains erode consumer confidence and cast a shadow of uncertainty over the economy's future. The Consumer Price Index rose 7 percent in the year through December, and 5.5 percent after stripping out volatile prices such as food and fuel. The last time the main inflation index eclipsed 7 percent was 1982. Policymakers have spent months waiting for inflation to fade, hoping supply chain problems might ease and allow companies to catch up with booming consumer demand. Instead, continued waves of the coronavirus have locked down factories, and shipping companies have struggled to work through extended backlogs as consumers continue to buy foreign goods at a rapid clip." ~~~

     ~~~ Marie Burns announces proposed Constitutional Amendment: "A well regulated economy, being necessary to the security of a free State, shall not be infringed." Maybe if business regulation were framed as a personal right of the American consumer, anti-monopoly laws, federal oversight authorities like the SEC, safety regulations, etc., would be better accepted as duties of Congress & the Executive to pass & maintain rather than as onerous rules that squelch a glorious free-market economy. Yeah, right.

Larry Neumeister & Tom Hays of the AP: "A judge has -- for now -- refused to dismiss a lawsuit against Britain's Prince Andrew by an American woman who says he sexually abused her when she was 17. Stressing Wednesday that he wasn't ruling on the truth of the allegations, U.S. District Judge Lewis A. Kaplan rejected an argument by Andrew's lawyers that Virginia Giuffre's lawsuit should be thrown out at an early stage because of an old legal settlement she had with Jeffrey Epstein, the financier she claims set up sexual encounters with the prince. Kaplan said the $500,000 settlement between Epstein and Giuffre didn't involve the prince and didn't bar a suit against him now." The New York Times story is here. (Also linked yesterday afternoon.)

The Pandemic, Ctd.

The Washington Post's live updates of Covid-19 developments Thursday are here. The New York Times' live Covid-19 updates for Thursday are here: "President Biden plans to announce on Thursday the deployment of 1,000 military medical personnel to six states to help hospitals deal with a surge in cases from the Omicron variant, White House officials said. Mr. Biden is scheduled to appear alongside Lloyd J. Austin III, the defense secretary, and Deanne Criswell, the director of the Federal Emergency Management Agency, at the White House to detail the teams heading to hard-hit communities across the country."

David Leonhardt of the New York Times: "... it's too early to be confident that the Omicron wave has peaked even in areas with encouraging data -- which tend to be the places where Omicron first arrived in the U.S. But there is good reason to consider that the most likely scenario." Leonhardt cites some places where sharp rises in infection have leveled off.

Meagan Flynn of the Washington Post: "A Republican member of Congress drew swift condemnation Wednesday after comparing D.C.'s upcoming vaccine mandate to Nazi Germany -- marking the latest instance in which a GOP lawmaker has chosen to compare measures intended to quell a public health emergency to Nazi practices that culminated in the genocide of millions of Jews. Rep. Warren Davidson (Ohio) made the comparison while responding to Mayor Muriel E. Bowser's (D) reminder on Twitter that, beginning Saturday, patrons will need to show proof of coronavirus vaccination to enter restaurants, bars, theaters or other places where people congregate indoors.... The Nazi comparisons have been proliferating on the right for months, in many cases without accountability from Republican congressional leaders as Jewish organizations and others repeatedly sound the alarm."

West Virginia. Timothy Bella of the Washington Post: "West Virginia Gov. Jim Justice (R) announced late Tuesday that he is 'extremely unwell' after testing positive for the coronavirus, forcing him to postpone his State of the State address. Justice ... is vaccinated and boosted.... The governor is experiencing moderate symptoms, such as congestion, coughing, a headache and a fever, and is isolating at home, his office said. The 70-year-old is being given a monoclonal antibody treatment prescribed by his physicians." Justice, a former Democrat, promoted the vaccine, & derided healthcare workers who refused to get it as "asinine."

Beyond the Beltway

Georgia Senate Race. Felicia Sonmez of the Washington Post: "As the coronavirus was sweeping across the United States last summer and the country was still without a vaccine, Georgia Senate candidate Herschel Walker promoted a 'mist' that he claimed would 'kill any covid on your body.' Walker, who is vying to unseat freshman Sen. Raphael G. Warnock (D-Ga.) and has been endorsed by ... Donald Trump, did not name the supposed product, which he claimed during an August 2020 podcast appearance was 'EPA-, FDA-approved.'... There is no known mist or spray that can prevent covid-19." (Also linked yesterday afternoon.)

New York. Jan Ransom of the New York Times: "The New York Times obtained jail surveillance camera footage [of a fight among Rikers Island inmates] that was gathered by New York County Defender Services as part of ... [a] petition [by its client, an inmate who was injured while guards stood by,] to go free. Depicting the fight night and an attempted stabbing, the videos, along with court records and interviews, offer vivid glimpses of the lawlessness that has taken hold on Rikers Island, where violence has soared to levels not seen since the jails overflowed during the crack epidemic in the 1990s. 'People marched for George Floyd -- I think there needs to be a similar movement for the people on Rikers Island,' said Eric M. Burse, a trial lawyer at New York County Defender Services who represented the man who was released. 'Those people over there don't have much of a voice. They are locked up. It is incumbent upon regular ordinary citizens to sound the alarm just like my client did.'"

Ohio. Jessie Balmert, et al., of the Columbus Dispatch: "The Ohio Supreme Court struck down GOP-drawn state House and Senate district maps as unconstitutional gerrymandering in a 4-3 decision Wednesday, sending the maps back to the drawing board.... The Ohio Supreme Court ruled that the Ohio Redistricting Commission -- which is tasked with drawing legislative maps and dominated by Republicans -- could not ignore parts of the Ohio Constitution that required them to attempt to match the statewide voting preferences of voters, according to the court's majority opinion, written by Justice Melody Stewart. Those preferences, according to Stewart's opinion, were 54% for Republican candidates and 46% for Democratic candidates over the past decade. 'The commission is required to attempt to draw a plan in which the statewide proportion of Republican-leaning districts to Democratic-leaning districts closely corresponds to those percentages,' Stewart wrote."

Wisconsin. Michelle Cottle of the New York Times: "... when it comes to spewing dangerous drivel, [Sen. Ron] Johnson has displayed a commitment and creativity rarely seen outside of QAnon gatherings or Trump family dinners.... RonJon wasn't always like this. He used to be a relatively straightforward pro-market, small-government, budget-conscious conservative. He seemed to have a more or less solid grip on reality. But the Trump years broke him, as they broke so many in the Republican Party." MB: I'm not sure about that. I seem to recall noticing years ago that Johnson was the Stupiest Senator.

Way Beyond

Syria/Germany. Tamara Qiblawi, et al., of CNN: "A German court sentenced a Syrian army colonel to life in prison in the first-ever torture trial against President Bashar al-Assad's regime, the European Center for Constitutional and Human Rights said in Koblenz on Thursday. Anwar Raslan, a senior regime official, headed the investigation unit at a notorious Damascus detention center known as Branch 251. He was found guilty of all the counts brought against him, with the court finding him to be a co-perpetrator in at least 4,000 cases of torture, 30 murders and five cases of sexual violence.... His co-defendant, Eyad al-Gharib, a junior officer who also served in the facility, was convicted in February 2021 for aiding and abetting torture and deprivation of liberty as crimes against humanity. He is serving a four-and-a-half-year sentence. Raslan is the most senior regime official to be punished for torture, extrajudicial killings and sexual assault believed to have been systematically committed by members of Assad's regime." ~~~

     ~~~ Marie: The story is confusing in that it describes Raslan's trial as "the first-ever torture trial" while noting that al-Gharib was tried & convicted a year ago for aiding & abetting torture. According to a February 2021 CNN story, "Gharib was convicted of accompanying the transportation of 30 detained demonstrators, despite knowing about the systematic torture in the prison the detainees were being sent to, according to the prosecutors. The protesters were allegedly beaten on the way to prison." I suppose the idea is that al-Gharib was convicted of aiding & abetting torture, not of torture.

U.K. Marie: After learning that Boris Johnson gave a BYOB party at 10 Downing Street in 2020 while ordinary Brits in locked-down England weren't even allowed to attend their relatives' funerals, Boris is in more trouble than I expected, mostly because he's skated before on this kind of story: ~~~

~~~ BBC News: "Boris Johnson is facing calls from senior Tories [MB: i.e., members of his own party] to resign after he admitted attending a drinks party during lockdown. The prime minister apologised for the way he handled the event in the Downing Street garden in May 2020 and said he understood the public's 'rage' over it. Cabinet members including deputy PM Dominic Raab rallied round Mr Johnson. But Scottish Tory leader Douglas Ross and MPs William Wragg, Caroline Nokes and Roger [??] urged him to go. Mr Ross, an MP and a Member of the Scottish Parliament, said he had had a 'difficult conversation' with Mr Johnson after he apologised on Wednesday in the House of Commons. He said he would write to the 1922 Committee, which organises Conservative leadership contests, to register his lack of confidence in the prime minister.... For many on his own side, Boris Johnson has already lost the benefit of the doubt. Growing numbers of his own MPs want him out, discussing frantically how and when his exit could take place." ~~~

~~~ Martin Farrer of the Guardian: "The newspaper front pages have piled the pressure on Boris Johnson as the prime minister fights for his political life over the scandal of the 'bring your own booze' lockdown-era party at Downing Street. The Mirror's banner headline on Thursday is 'Disgrace', set below a picture of Johnson giving his humiliating apology to the Commons for 'not realising' the event in the back garden of 10 Downing Street on 20 May 2020 was a party.... The Guardian's main headline is 'PM's future on knife-edge after No 10 party apology', and reports that there is widespread 'derision' over his claim that he did not realise he was attending a party. Times also has a picture of a grim-faced Johnson in the Commons and the headline 'Defiant PM refuses to quit as polls slip further'...." And so forth.

January 12, 2022

Afternoon Update:

Joe Biden Gets Under the Turtle's Skin. Trish Turner, et al., of ABC News: "As President Joe Biden prepared to head to Capitol Hill on Thursday to rally Senate Democrats on election reform, a visibly angry Republican Leader Mitch McConnell fired back Wednesday, saying he didn't recognize the man who delivered the fiery speech in Georgia on voting rights one day earlier. McConnell characterized Biden's speech -- in which the president called for the Senate to change its rules by 'whichever way they need to be changed' in order to pass Democrats' voting bills -- as 'profoundly, profoundly un-presidential,' deeming the remarks a 'rant' that 'was incoherent, incorrect and beneath his office.'" MB: That's odd; the teevee pundits I heard seemed to like the speech. If Mitch doesn't care to be likened to Jeff Davis & Bull Connor, he might start by supporting the voting rights bills. Instead, he's leading the filibusters against them.

** Kevin Gets an Invitation. Luke Broadwater of the New York Times: "The House committee investigating the Jan. 6 attack on the Capitol on Wednesday formally requested an interview with Representative Kevin McCarthy, the minority leader, who was in close contact with ... Donald J. Trump during and after the violence.... Mr. McCarthy, a California Republican, [is] the highest-ranking lawmaker the panel has pursued in its inquiry.... 'You have acknowledged speaking directly with the former president while the violence was underway on Jan. 6,' Representative Bennie Thompson, Democrat of Mississippi and chairman of the committee, wrote [to McCarthy].... 'It appears that you had one or more conversations with the president during this period [shortly after Jan. 6], including a conversation on or about Jan. 11,' Mr. Thompson wrote. 'It appears that you may also have discussed with President Trump the potential he would face a censure resolution, impeachment, or removal under the 25th Amendment. It also appears that you may have identified other possible options, including President Trump's immediate resignation from office.'" You can read the letter here (you may have to download it). The AP's story is here.

David Shortell, et al., of CNN: "An ex-girlfriend of Rep. Matt Gaetz, who is seen as a key witness in the investigation into alleged sex trafficking by the Florida Republican, entered an Orlando federal courthouse with her lawyer on Wednesday, where she was expected to testify before a grand jury, according to a CNN reporter on the scene.... The woman, a former Capitol Hill staffer, has been linked to Gaetz as far back as the summer of 2017." ~~~

     ~~~ Matt Zapotosky of the Washington Post: "The appearance of his ex-girlfriend before a federal grand jury is a potentially ominous sign for the congressman.... The ex-girlfriend was among several women on a trip Gaetz allegedly took to the Bahamas in 2018 that has been of interest to criminal investigators. The 17-year-old at issue in the investigation was also on that trip, though she was an adult at that time, people familiar with the matter have said. Prosecutors have seemed to be lining up possible witnesses who could testify against Gaetz."

Larry Neumeister & Tom Hays of the AP: "A judge has -- for now -- refused to dismiss a lawsuit against Britain's Prince Andrew by an American woman who says he sexually abused her when she was 17. Stressing Wednesday that he wasn't ruling on the truth of the allegations, U.S. District Judge Lewis A. Kaplan rejected an argument by Andrew's lawyers that Virginia Giuffre's lawsuit should be thrown out at an early stage because of an old legal settlement she had with Jeffrey Epstein, the financier she claims set up sexual encounters with the prince. Kaplan said the $500,000 settlement between Epstein and Giuffre didn't involve the prince and didn't bar a suit against him now." The New York Times story is here.

Georgia Senate Race. Felicia Sonmez of the Washington Post: "As the coronavirus was sweeping across the United States last summer and the country was still without a vaccine, Georgia Senate candidate Herschel Walker promoted a 'mist' that he claimed would 'kill any covid on your body.' Walker, who is vying to unseat freshman Sen. Raphael G. Warnock (D-Ga.) and has been endorsed by ... Donald Trump, did not name the supposed product, which he claimed during an August 2020 podcast appearance was 'EPA-, FDA-approved.'... There is no known mist or spray that can prevent covid-19."

~~~~~~~~~~

Katie Rogers of the New York Times: "President Biden endorsed changing Senate rules to pass new voting rights legislation during a speech in Atlanta on Tuesday, warning of a grave threat to American democracy if lawmakers did not act to 'protect the heart and soul' of the country. Mr. Biden ... said he supported 'getting rid of' [the filibuster] in the case of voting rights legislation. Such a change in Senate procedures has only the slimmest of chances of winning the support of all 50 senators who caucus with the Democrats, which is needed to overcome universal Republican opposition. Mr. Biden, a former senator and an institutionalist who had long been leery of whittling away at the filibuster, said such Senate traditions had been 'abused.' 'Sadly, the United States Senate, designed to be the world's greatest deliberative body, has been rendered a shell of its former self,' Mr. Biden said." This is an update of a story linked yesterday. ~~~

~~~ Vice President Harris & President Biden speak in Atlanta:

Matt Zapotosky & Devlin Barrett of the Washington Post: "The Justice Department is forming a new domestic terrorism unit to help combat a threat that has intensified dramatically in recent years, a top national security official said Tuesday. Matthew G. Olsen, the head of the Justice Department's National Security Division, announced the unit in his opening remarks before the Senate Judiciary Committee, noting that the number of FBI investigations of suspected domestic violent extremists -- those accused of planning or committing crimes in the name of domestic political goals -- had more than doubled since the spring of 2020.... Sen. Richard J. Durbin (D-Ill.) opened the hearing with a video showing footage and news coverage from the [January 6, 2021] riot.... 'They are normalizing the use of violence to achieve political goals,' Durbin said. Sen. Charles E. Grassley (R-Iowa) countered with a video showing footage of riots the previous summer at racial justice protests around the country. 'These anti-police riots rocked our nation for seven full months, just like the Jan. 6 assault on the Capitol rocked the nation,' Grassley said." The AP story is here. (Also linked yesterday afternoon.)

Carol Rosenberg of the New York Times: "A U.S. government review panel has approved the release of five men who have been held for years without charge at Guantánamo Bay, Cuba, according to a flurry of decisions released by the Pentagon on Tuesday, but they are unlikely to be freed soon as the Biden administration works to find nations to take them. The disclosure came on the 20th anniversary of the establishment of the wartime prison, and President Barack Obama's last special envoy on the task, Lee Wolosky, used the occasion to urge the White House to shut down the operation."

Aamer Madhani of the AP: "The United States on Tuesday announced $308 million in additional humanitarian assistance for Afghanistan, offering new aid to the country as it edges toward a humanitarian crisis since the Taliban takeover nearly five months ago. White House national security council spokesperson Emily Horne said in a statement that the new aid from the U.S. Agency for International Development will flow through independent humanitarian organizations and will be used to provide shelter, health care, winterization assistance, emergency food aid, water, sanitation and hygiene services." (Also linked yesterday afternoon.)

Kyle Cheney, et al., of Politico: "The select panel investigating the Jan. 6 insurrection is homing in on Donald Trump Jr. The committee issued subpoenas for two close advisers, Andrew Surabian and Arthur Schwartz, to ... Donald Trump's eldest son on Tuesday, an indication that they're inching ever closer to the Trump family. The panel also issued a subpoena for Ross Worthington, who helped draft the president's Jan. 6 speech to a rally crowd at the Ellipse...."

Luke Broadwater & Alan Feuer of the New York Times: "The House committee examining the Jan. 6 attack disclosed on Tuesday that it had interviewed the man at the center of a right-wing conspiracy theory about who provoked the violence, noting that he had denied reports he urged protesters into the Capitol at the behest of federal law enforcement agencies. The committee said its investigators spoke in November with the man, Ray Epps, who was seen on video urging people to march into the Capitol. Some Republican members of Congress and other supporters of ... Donald J. Trump have promoted a theory that Mr. Epps was working for the F.B.I. and encouraging the attack at its direction. As evidence, they have cited the fact that Mr. Epps was at one point listed on the bureau's wanted list but was then removed from it without being arrested or charged with any wrongdoing. In a statement, the House committee said Mr. Epps told the panel he is not an F.B.I. informant and was not working at the direction of law enforcement agencies when he encouraged protesters to enter the building." ~~~

     ~~~ Marie: Some promoters of the false flag theory, according to the NYT report, "Representative Thomas Massie of Kentucky; Representative Matt Gaetz of Florida; Representative Marjorie Taylor Greene of Georgia and, on Tuesday, Senator Ted Cruz of Texas have all pushed various forms of those claims." Okay then. ~~~

~~~ Cruz's Motovation: Sucking up to TuKKKer. Eric Kleefeld of Media Matters: "During a Senate Judiciary Committee hearing Tuesday, Sen. Ted Cruz (R-TX) asked a high-ranking FBI official a series of questions meant to advance conspiracy theory that the January 6, 2021, insurrection had been fomented by FBI agents and informants -- a public display that comes just a week after Cruz appeared with Fox News host Tucker Carlson and reversed himself on all his prior claims that the insurrectionists who assaulted police were 'terrorists.'... There is no credible evidence that [Ray] Epps was some kind of point man in leading the entire attack. But his name has been spread prolifically by Darren Beattie, Carlson's main partner in spreading the false flag conspiracy theory...." Read Kleefeld's full article to get a sense of how ridiculous Ted's excellent conspiracy theory is.

Throw This Woman Out of Congress. Now. Brad Reed of the Raw Story: "Rep. Marjorie Taylor Greene (R-GA) on Tuesday floated resorting to using the 'Second Amendment' to deal with Democrats who are imposing what she described as a 'tyrannical' government. While speaking with right-wing media personality Sebastian Gorka, Greene slammed Georgia Democratic gubernatorial candidate Stacey Abrams for her policies regarding both vaccines and gun rights. Greene then pivoted to talking about how Americans are guaranteed the right to bear arms to resist such supposed tyranny. 'Ultimately the truth is it's our Second Amendment rights, our right to bear arms, that protects Americans and give us the ability to defend ourselves from a tyrannical government,' she said. 'And I hate to use this language but Democrats, they're exactly -- they're doing exactly what our Founders talked about when they gave us the precious rights that we have.'" ~~~

     ~~~ Marie: To be clear, Greene, who represents Georgia, is urging people to take up arms against a Black Democratic candidate for Georgia governor. Abrams' "tyrannical" proposals are centered on voting rights. Greene does not urge people to run out & shoot Abrams -- who, after all, has not been elected yet -- but that's a nuance that certainly could be lost on the riffraff who would listen to Greene & Gorka. She is way over the line of acceptable speech for a member of Congress.

A Crack in the Big Lie Wall Widens. Manu Raju of CNN: "Senior Republicans are closing ranks behind Sen. Mike Rounds after he endured a scathing attack from ... Donald Trump for acknowledging the reality that President Joe Biden won the 2020 election. 'I think Sen. Rounds told the truth about what happened in the 2020 election,' Senate Minority Leader Mitch McConnell told CNN on Tuesday. 'And I agree with him.'... The latest blowup came over the weekend after Rounds said that any voting 'irregularities' in 2020 wouldn't have changed the outcome of the race. 'The election was fair, as fair as we have seen. We simply did not win the election, as Republicans, for the presidency,' Rounds told ABC News. That fact-based comment prompted a broadside from the former President, who called Rounds a 'jerk' and 'ineffective' and vowed 'never' to endorse Rounds for reelection, though he's not facing voters again until 2026. 'Is he crazy or just stupid?' Trump said in a statement." ~~~

~~~ Domenico Montanaro, et al., of NPR: For six years, NPR had sought an interview with Donald Trump. "Trump and his team have repeatedly declined interviews with NPR until Tuesday, when he called in from his home in Florida. It was scheduled for 15 minutes, but lasted just over 9. After being pressed about his repeated lies about the 2020 presidential election, Trump abruptly ended the interview.... In the interview with NPR, [Trump] partially blamed Senate Republican leader Mitch McConnell for [Sen. Mike] Rounds and other senators feeling as though they can speak out and say -- correctly -- that Trump lost the election. 'Because Mitch McConnell is a loser,' Trump said.... Trump repeated a number of false claims about voting systems in the U.S. in the interview...." A transcript of the interview is here.

Salvador Rizzo of the Washington Post: "Anthony S. Fauci accused Sen. Rand Paul on Tuesday of raising campaign funds off false attacks on him that have encouraged threats on Fauci' life." Free to nonsubscribers. ~~~

~~~ "What a Moron!" Claire Rafford of Politico: "Anthony Fauci on Tuesday called Sen. Roger Marshall a 'moron' at the end of a contentious question-and-answer exchange focused on whether the financial disclosure information of the White House's top public medical adviser is available to the public. Marshall (R-Kan.) ... not[ed] the doctor's salary, $434,000.... 'As the highest-paid employee in the entire federal government, would you be willing to submit to Congress and the public a financial disclosure that includes your past and current investments?' Marshall asked. 'After all, your colleague [... Rochelle] Walensky and every member of Congress submits a financial disclosure that includes their investments.' Fauci ... stat[ed] that his investments and financial information were already 'public knowledge' and had been for more than 30 years. 'All you have to do is ask for it,' Fauci said. 'You're so misinformed, it's extraordinary.'... 'What a moron,' Fauci could be heard saying quietly as Tuesday's hearing moved on. 'Jesus Christ.'" ~~~

     ~~~ Marie: If Fauci is the highest-paid federal employee, it's because (a) as a medical professional, he has always held high-grade (GS) positions, and (b) he's held those jobs since 1968, for Pete's sake, and gets annual salary increases like all federal employees. Shocking as it is that someone would call a U.S. senator a moron, if you scan Marshall's Wikipage, you'll find the description is apt: a horrible human being posing as a pillar of the community.

Cat Zakrzewski of the Washington Post: "A federal judge on Tuesday ruled that the Federal Trade Commission's antitrust case against Facebook could proceed, a reversal of fortune for the agency after its first challenge against the social network was thrown out last year. In a colorful order, U.S. District Judge James E. Boasberg wrote that an amended complaint the agency filed in August offered 'more robust and detailed' evidence to suggest Facebook has an alleged monopoly. In the filing, the FTC argued that Facebook is in a class of its own and should not be compared to other social apps such as TikTok. 'Second time lucky?' Boasberg wrote in the opening of the complaint, noting that the commission's first suit 'stumbled out of the starting blocks.'"

The Pandemic, Ctd.

The New York Times' live updates of Covid-19 developments Wednesday are here. The Washington Post's live Covid-19 updates for Wednesday are here.: "The omicron coronavirus variant will infect 'just about everybody' regardless of vaccination status, top U.S. infectious-disease expert Anthony S. Fauci said Tuesday. But those who have been vaccinated will 'very likely, with some exceptions, do reasonably well,' and avoid hospitalization and death, said Fauci, speaking at a virtual 'fireside chat' with the Center for Strategic and International Studies. Fauci also said in a Senate hearing the same day that the unvaccinated are 20 times likelier to die, 17 times likelier to be hospitalized and 10 times likelier to be infected than the vaccinated." ~~~

~~~ On the Same Page. Cecelia Smith-Schoenwalder of U.S. News: "The acting head of the Food and Drug Administration on Tuesday said that most people will get COVID-19 as the U.S. hits record levels of hospitalizations and infections. 'I think it's hard to process what's actually happening right now, which is most people are going to get [COVID-19],' FDA acting Commissioner Janet Woodcock told a Senate Health, Education, Labor and Pensions committee hearing."

Laura Meckler & Dan Diamond of the Washington Post: "The White House is promising to provide 10 million free coronavirus tests each month for schools, aiming to help keep classes in person at a time when testing across the country is uneven and, in some cases, virtually nonexistent. President Biden has pushed schools to open and stay open for in-person learning...." The AP's report is here.

Eric Yoder of the Washington Post: "Federal agencies must start testing unvaccinated employees at least weekly for the coronavirus by Feb. 15, the Biden administration said in new guidance issued Tuesday. The testing, which mainly affects those exempted from President Biden's vaccination mandate for federal workers, would be required during any week in which those employees 'work onsite or interact in person with members of the public as part of their job duties,' the guidance says. Agencies are also free to require more frequent testing for certain occupations or work settings, the administration says." The article is free to nonsubscribers.

Eh bien, là, les non-vaccinés, j’ai très envie de les emmerder. (Trans., roughly: The unvaccinated, I really want to piss them off. -- Emmanuel Macron, in an interview with Le Parisien, Jan. 4

Yeah, moi aussi. -- Marie

Australia. Yan Zhuang of the New York Times: "Novak Djokovic, the top-ranked men's tennis player, acknowledged on Wednesday that a travel document he presented to Australian border officials last week contained false information, as the country's authorities continued to investigate whether he should be deported. Mr. Djokovic also said that he had participated in an interview and a photo shoot last month in his native Serbia even after testing positive for the coronavirus, in an apparent breach of the country's rules for infected people.... The tennis star's comments came in a statement he released on social media that he said was intended to 'clarify misinformation.'... But Mr. Djokovic's statement did not fully resolve a range of questions that have swirled over his quest to remain in Australia and seek a record 21st Grand Slam title.: A Politico story is here.

Beyond the Beltway

California. Marie: I guess I'd better stop disparaging the LAPD. Wow! ~~~

Florida Congressional Race. Dave Weigel of the Washington Post: "Democrat Sheila Cherfilus-McCormick won Tuesday's election to fill Florida's vacant 20th Congressional District, returning her party to the 222-seat majority it held after the 2020 elections. Cherfilus-McCormick, a 42-year old health-care company CEO, easily defeated Republican nominee Jason Mariner in a seat drawn to be safe for Democrats. She will replace the late Rep. Alcee L. Hastings (D), whom she had challenged in the 2018 and 2020 primaries." (This is an update of a story linked yesterday afternoon.)

North Carolina. Michael Wines of the New York Times: "A North Carolina state court on Tuesday rejected claims by voting rights advocates that Republican gerrymanders of the state's political maps were unconstitutional. The unanimous ruling, by a panel of two Republican judges and one Democrat, set up a final battle over the maps in the seven-member state Supreme Court, where Democratic justices hold a slim edge. Voting rights groups said they would file an appeal immediately. One, Common Cause North Carolina, said the plaintiffs had presented 'overwhelming evidence' that the maps were stacked to favor Republicans."

Way Beyond

New York Times: "... NATO officials opened talks with a Russian delegation on Wednesday in an effort to hold off an invasion [of Ukraine] and calm tensions between Moscow and the West. The meeting at NATO's Brussels headquarters is the second stop in a diplomatic roadshow focused on the Kremlin, after talks in Geneva on Monday between Russian and American officials. Looming over the high-level diplomacy is whether the Russian president, Vladimir V. Putin, will invade Ukraine as he seeks to pressure the West to roll back NATO's presence in Eastern Europe, or de-escalate." This is a liveblog.

News Lede

New York Times: "The fire that broke out in a Philadelphia rowhouse last Wednesday, leaving 12 dead including nine children, was most likely caused when a 5-year-old boy ignited a Christmas tree with a lighter, city officials said on Tuesday.... The 5-year-old, one of only two people in the apartment who survived, told the police last week that he had been playing with the lighter, forming the earliest theory about the fire's cause."