The Ledes

Thursday, September 19, 2024

New York Times: “A body believed to be of the suspect in a Kentucky highway shooting that left five people seriously injured this month was found on Wednesday, the authorities said, ending a manhunt that stretched into a second week and set the local community on edge. The Kentucky State Police commissioner, Phillip Burnett Jr., said in a Wednesday night news conference that at approximately 3:30 p.m., two troopers and two civilians found an unidentified body in the brush behind the highway exit where the shooting occurred.... The police have identified the suspect of the shooting as Joseph A. Couch, 32. They said that on Sept. 7, Mr. Couch perched on a cliff overlooking Interstate 75 about eight miles north of London, Ky., and opened fire. One of the wounded was shot in the face, and another was shot in the chest. A dozen vehicles were riddled with gunfire.”

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The New York Times lists Emmy winners. The AP has an overview story here.

New York Times: “Hvaldimir, a beluga whale who had captured the public’s imagination since 2019 after he was spotted wearing a harness seemingly designed for a camera, was found dead on Saturday in Norway, according to a nonprofit that worked to protect the whale.... [Hvaldimir] was wearing a harness that identified it as “equipment” from St. Petersburg. There also appeared to be a camera mount. Some wondered if the whale was on a Russian reconnaissance mission. Russia has never claimed ownership of the whale. If Hvaldimir was a spy, he was an exceptionally friendly one. The whale showed signs of domestication, and was comfortable around people. He remained in busier waters than are typical for belugas....” ~~~

     ~~~ Marie: Oh, Lord, do not let Bobby Kennedy, Jr., near that carcass. ~~~

     ~~~ AP Update: “There’s no evidence that a well-known beluga whale that lived off Norway’s coast and whose harness ignited speculation it was a Russian spy was shot to death last month as claimed by animal rights groups, Norwegian police said Monday.... Police said that the Norwegian Veterinary Institute conducted a preliminary autopsy on the animal, which was become known as 'Hvaldimir,' combining the Norwegian word for whale — hval — and the first name of Russian President Vladimir Putin. 'There are no findings from the autopsy that indicate that Hvaldimir has been shot,' police said in a statement.”

New York Times: Botswana's “President Mokgweetsi Masisi grinned as he lifted the diamond, a 2,492-carat stone that is the biggest diamond unearthed in more than a century and the second-largest ever found, according to the Vancouver-based mining operator Lucara, which owns the mine where it was found. This exceptional discovery could bring back the luster of the natural diamond mining industry, mining companies and experts say. The diamond was discovered in the same relatively small mine in northeastern Botswana that has produced several of the largest such stones in living memory. Such gemstones typically surface as a result of volcanic activity.... The diamond will likely sell in the range of tens of millions of dollars....”

Click on photo to enlarge.

~~~ Guardian: "On a distant reef 16,000km from Paris, surfer Gabriel Medina has given Olympic viewers one of the most memorable images of the Games yet, with an airborne celebration so well poised it looked too good to be true. The Brazilian took off a thundering wave at Teahupo’o in Tahiti on Monday, emerging from a barrelling section before soaring into the air and appearing to settle on a Pacific cloud, pointing to the sky with biblical serenity, his movements mirrored precisely by his surfboard. The shot was taken by Agence France-Presse photographer Jérôme Brouillet, who said “the conditions were perfect, the waves were taller than we expected”. He took the photo while aboard a boat nearby, capturing the surreal image with such accuracy that at first some suspected Photoshop or AI." 

Washington Post: “'Mary Cassatt at Work' is a large and mostly satisfying exhibition devoted to the career of the great American artist beloved for her sensitive and often sentimental views of family life. The 'at work' in the title of the Philadelphia Museum of Art show references the curators’ interest in Cassatt’s pioneering effort to establish herself as a professional artist within a male-dominated field. Throughout the show, which includes some 130 paintings, pastels, prints and drawings, the wall text and the art on view stresses Cassatt’s fixation on art as a career rather than a pastime.... Mary Cassatt at Work is on view at the Philadelphia Museum of Art through Sept. 8. philamuseum.org

New York Times: “Bob Newhart, who died on Thursday at the age of 94, has been such a beloved giant of popular culture for so long that it’s easy to forget how unlikely it was that he became one of the founding fathers of stand-up comedy. Before basically inventing the hit stand-up special, with the 1960 Grammy-winning album 'The Button-Down Mind of Bob Newhart' — that doesn’t even count his pay-per-view event broadcast on Canadian television that some cite as the first filmed special — he was a soft-spoken accountant who had never done a set in a nightclub. That he made a classic with so little preparation is one of the great miracles in the history of comedy.... Bob Newhart holds up. In fact, it’s hard to think of a stand-up from that era who is a better argument against the commonplace idea that comedy does not age well.”

Washington Post: “An early Titian masterpiece — once looted by Napolean’s troops and a part of royal collections for centuries — caused a stir when it was stolen from the home of a British marquess in 1995. Seven years later, it was found inside an unassuming white and blue plastic bag at a bus stop in southwest London by an art detective, and returned. This week, the oil painting 'The Rest on the Flight into Egypt' sold for more than $22 million at Christie’s. It was a record for the Renaissance artist, whom museums describe as the greatest painter of 16th-century Venice. Ahead of the sale in April, the auction house billed it as 'the most important work by Titian to come to the auction market in more than a generation.'”

Washington Post: The Folger Shakespeare Library in Washington, D.C., which houses the world's largest collection of Shakespeare material, has undergone a major renovation. "The change to the building is pervasive, both subtle and transformational."

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A nation of sheep will beget a government of wolves. -- Edward R. Murrow

Publisher & Editor: Marie Burns


Sunday
Oct312021

November 1, 2021

Afternoon Update:

Seth Borenstein of the AP: "World leaders turned up the heat and resorted to end-of-the-world rhetoric Monday in an attempt to bring new urgency to sputtering international climate negotiations. The metaphors were dramatic and mixed at the start of the talks, known as COP26. British Prime Minister Boris Johnson described global warming as 'a doomsday device' strapped to humanity. United Nations Secretary-General António Guterres told his colleagues that humans are 'digging our own graves.' And Barbados Prime Minister Mia Mottley, speaking for vulnerable island nations, added moral thunder, warning leaders not to 'allow the path of greed and selfishness to sow the seeds of our common destruction.'... Meanwhile, U.S. President Joe Biden and German Chancellor Angela Merkel avoided soaring rhetoric and delved into policy."

The New York Times liveblogged this morning's Supreme Court hearing on the Texas abortion case. Adam Liptak writes, "After almost three hours of lively arguments, a majority of the justices seemed inclined to allow abortion providers -- but perhaps not the Biden administration -- to pursue a challenge to a Texas law that has sharply curtailed abortions in the state. That would represent an important shift from a 5-to-4 ruling in September that allowed the law to go into effect. Justices Brett M. Kavanaugh and Amy Coney Barrett, who were in the majority in that ruling, asked questions suggesting that they thought the novel structure of the Texas law justified allowing the providers to challenge it." The AP's report is here. ~~~

~~~ Ian Millhiser of Vox: "All four of the dissenters from the September order appear likely to rule against Texas.... It also appears likely that Justices Brett Kavanaugh or Amy Coney Barrett will switch sides and provide the fifth (and maybe a sixth) vote against Texas.... Kavanaugh pointed to a brief filed by the Firearms Policy Coalition, which argued that, if SB 8 is allowed to stand, 'it will undoubtedly serve as a model for deterring and suppressing the exercise of numerous constitutional rights' -- including the Second Amendment. Kavanaugh appeared to view such an outcome as untenable, and that's bad news for SB 8. That said, even if the Court does rule against Texas in Whole Woman's Health, there's no guarantee that such a decision will do much to help abortion providers in Texas. The narrow question currently before the Supreme Court in Whole Woman's Health -- and in United States v. Texas, a similar challenge to SB 8 brought by the Justice Department that is also before the justices -- is ... whether anyone is allowed to sue to block the law. The reason there;s any uncertainty about how to answer this question is that SB 8 was drafted for the very purpose of evading judicial review." ~~~

     ~~~ Also, too, Chief Justice John Roberts "seemed to grow increasingly annoyed with Texas Solicitor General Judd Stone." MB: I guess nobody told Judd it's a bad idea to smart off to the CJ during arguments. If this were a novel, and not real life, a character named Judd Stone would be decidedly dense & rough around the edges.

Robert Barnes of the Washington Post: "The Supreme Court turned down the chance to consider whether a Catholic hospital can be sued over refusing a transgender patient treatment the hospital says would violate its core religious beliefs. A California court said Evan Minton could pursue his lawsuit after a hospital canceled a scheduled hysterectomy after learning days before that he was transgender. The operation was part of his treatment for gender dysphoria, a condition in which an individual's gender identity does not conform to the sex they were assigned at birth. Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch said they would have accepted the case.

Contributor Patrick says the letter, linked below, from WashPo Executive Editor Sally Buzbee reminded him of the final scene of "Deadline-USA." Say, Patrick, is that Buzbee giving the high sign to the Bogart character? See Patrick's commentary in today's thread. We are all shocked, shocked (oh, Bogie, you are everywhere!), of course, that Patrick would seem to compare Trump to a gangster/murderer. ~~~

From Monday's New York Times live updates of Covid-19 developments, also linked below: "New York City started to enforce its Covid vaccine mandate for municipal workers on Monday, and about 9,000 workers who refused to get vaccinated were placed on unpaid leave.... The vaccine mandate has been especially contentious within the tight-knit Fire Department. More than 2,000 New York City firefighters -- out of a total uniformed force of about 11,000 -- have taken sick days over the past week in what city officials describe as a large-scale protest against the mandate. 'Irresponsible bogus sick leave by some of our members is creating a danger for New Yorkers and their fellow firefighters,' the fire commissioner, Daniel A. Nigro, said in a statement. He attributed the uptick in sick leave to 'anger at the vaccine mandate.'... 'Hundreds of guys are feeling flulike symptoms, because that's what the shot does to people,' [Andrew] Ansbro[, president of the Uniformed Firefights Association,] said." MB: Uh-huh: It's believable that a few firefighters would feel sick from the vaccine, but 2,000? I don't think so. ~~~

~~~ Gina Bellafante of the New York Times: "The mandates are partly about protecting the municipal workers and largely about protecting the collective good. The problem, of course, is a widespread disinclination to serve that good, whether it is fueled by selfishness and ignorance or the sense that one's contributions to the commonweal have not felt adequately reciprocal. In this case, refusal becomes primarily an assertion of power, a self-interested counterpunch -- the only means available to people who believe that their government has ignored them.... Among [NYC firefighters & police officers] there was still, after two decades, a lingering sense of betrayal around the safety conditions at the World Trade Center in the wake of Sept. 11, something that has played out as a blanket mistrust of public health edicts." ~~~

~~~ The Washington Post's live updates of Covid-19 developments Monday are here.

Florida. Greg Sargent of the Washington Post: "Last spring, Gov. Ron DeSantis of Florida took the reprehensible step of signing the state's new voter suppression law on Fox News.... Now this story has taken another ugly turn: The University of Florida has barred three professors from serving as expert witnesses in a lawsuit against the voter suppression measure.... The lawsuit argues that the voting law's provisions, such as the ones restricting drop boxes and making it harder to get absentee ballots in various ways, will impose disproportionate burdens on nonwhite voters. The professors -- Daniel A. Smith, Michael McDonald and Sharon Wright Austin -- were hired by the plaintiffs to testify to this and other matters.... DeSantis, it turns out, has top allies at the university.... It's not clear whether those allies -- or DeSantis himself -- are behind this decision.... Rep. Debbie Wasserman Schultz (D-Fla.) tells me she is circulating a letter among the Florida congressional delegation condemning the decision and asking for an accounting of how it was arrived at.... With conservatives regularly railing against allegedly rampant liberal censoriousness on college campuses, how Republicans and their media allies approach this should prove instructive."

Mark Thompson of CNN: "The American chief executive of Barclays (BCS), Jes Staley, is stepping down with immediate effect following an investigation by British regulators into his relationship with disgraced financier Jeffrey Epstein, the bank said on Monday. The investigation by the Financial Conduct Authority (FCA) and the Bank of England's Prudential Regulation Authority (PRA) was disclosed by Barclays in early 2020 and focused on how Staley had characterized the relationship to his employer. Barclays and Staley were made aware on Friday evening by the FCA and the PRA of the preliminary conclusions of their investigation.... Staley had been running Barclays since late 2015. Prior to that he worked for more than 30 years at JPMorgan (JPM), where he served as head of its investment banking division. His relationship with Epstein dated back to 2000, when he became head of JPMorgan's private bank.... Staley had told the Barclays board that he had no contact with Epstein since becoming Barclays CEO in December 2015."

~~~~~~~~~~~

The New York Times is live-updating events in the COP26 climate summit in Glasgow, Scotland. The Washington Post's live-updates of the COP26 climate summit are here: "The global summit convening in Glasgow, Scotland, has been widely described as the most important international climate negotiations since the landmark 2015 Paris climate accord. The overarching goal: to put the world on a path to aggressively cut greenhouse gas emissions and slow Earth's warming."

Lisa Friedman, et al., of the New York Times: "President Biden will walk into a riverside event space on Monday to try to convince a gathering of world leaders that the United States, which has pumped more greenhouse gases into the atmosphere than any other nation, is finally serious about addressing climate change and that others should follow its lead. But Mr. Biden is coming with a weaker hand than he had hoped. He has been forced to abandon the most powerful mechanism in his climate agenda: a program that would have quickly cleaned up the electricity sector by rewarding power companies that migrated away from fossil fuels and penalizing those that did not. His fallback strategy is a bill that would provide $555 billion in clean energy tax credits and incentives. It would be the largest amount ever spent by the United States to tackle global warming but would cut only about half as much pollution.... Mr. Biden has made climate action a central theme of his presidency, winning praise from diplomats and other leaders, who expressed relief after ... Donald J. Trump had scoffed at climate science and had withdrawn the United States from global efforts to address the crisis. But they remain skeptical, having seen other American presidents promise ambitious action to confront climate change, only to fall short." MB: Thanks, Manchinema --- AND every Congressional Republican! This is one of a number of important reminders that every vote for a Republican is a vote against the United States.

David Herszenhorn of Politico: "U.S. President Joe Biden on Sunday blamed Russia and China for any disappointment over the level of commitment by G20 leaders to fight climate change. 'With regard to the disappointment, the disappointment relates to the fact that ... not only Russia but China basically didn't show up in terms of any commitments to deal with climate change,' Biden said at his news conference at the end of the two-day leaders' summit in Rome. 'And there's a reason why people should be disappointed in that,' Biden added. 'I found it disappointing myself.'... Biden ... also name-checked Saudi Arabia among countries that he argued are still not doing enough."

Anton Troianovski & David Sanger of the New York Times: "As world leaders met at the Group of 20 summit this weekend in Rome, [President] Biden did not even get the chance to hash things out with his Russian counterpart face to face because President Vladimir V. Putin, citing coronavirus concerns, attended the event remotely. Yet beneath the surface brinkmanship, the two global rivals are now also doing something else: talking. The summit between Mr. Biden and Mr. Putin in June in Geneva touched off a series of contacts between the two countries, including three trips to Moscow by senior Biden administration officials since July, and more meetings with Russian officials on neutral ground in Finland and Switzerland. There is a serious conversation underway on arms control, the deepest in years.... Several weeks ago ... the United States turned over the names and other details of a few hackers actively launching attacks on America.... Officials in both countries say the flurry of talks has so far yielded little of substance but helps to prevent Russian-American tensions from spiraling out of control."

There's a New Sheriff in Town. Annie Linskey, et al., of the Washington Post: "President Biden sought to reverse key policies and approaches of ... Donald Trump during this weekend's summit of the Group of 20, and attempted to ensure those reversals would stay in place even if there is a change in American leadership. Biden lifted steel and aluminum tariffs enacted by Trump that had caused friction between the U.S. and the European Union. He huddled with allies on how to reinvigorate talks aimed at preventing Iran from securing a nuclear weapon, which the last administration had abandoned. He forged an agreement aimed at ensuring corporations pay more taxes. And he struck a deal with other nations to end government funding of new coal-fired power plants, part of a broader agenda to curtail climate change and reclaim international leadership on a topic Trump eschewed."

Nicole Winfield, et al., of the AP: "Leaders of the world's biggest economies made a vague commitment Sunday to seek carbon neutrality 'by or around mid-century' as they wrapped up a two-day Rome summit that was laying the groundwork for the U.N. climate conference in Glasgow, Scotland. According to the final meeting communique, the Group of 20 leaders also agreed to end public financing for coal-fired power generation abroad but set no target for phasing out coal domestically -- a clear nod to China, India and other coal-dependent countries. The G-20 countries represent more than three-quarters of the world's greenhouse gas emissions and summit host Italy and Britain, which is hosting the Glasgow climate conference, had looked for more ambitious targets to come out of Rome." (Also linked yesterday afternoon.)

Karla Adam of the Washington Post: "Greta Thunberg may not have been officially invited to the COP26 climate summit in Glasgow, but on the first day of the conference, she was making her presence felt. The Swedish teenager, who is something of a rock star for climate campaigners worldwide, is among thousands of activists descending on Glasgow for the 12-day U.N. Climate Change Conference, known as COP26, which kicked off Sunday. They are calling on world leaders to take bold action to prevent global temperatures from rising by more than 1.5 Celsius above preindustrial levels."

E.J. Dionne of the Washington Post: "President Biden and Democrats in Congress are on the cusp of ending their long journey through legislative hell by enacting a remarkable list of practical, progressive programs. This will confront them with a choice. They can follow the well-tested rules for champions of social change. Or they can repeat past mistakes by letting their opponents define what they have done and complain about the things left undone.... Celebrate victory. Explain what you've achieved. Defend it from attack. Change the public conversation in your favor. Build on success to make more progress. And for God's sake, don't moan about what might have been."

Congressional Sociopaths in the News. Sarah Rumpf of Mediaite: "While campaigning for a Republican congressional candidate in central Florida on Saturday, Rep. Matt Gaetz (R-FL) complained about the metal detectors in the Capitol, lying about why they were installed and going so far as to joke about blowing them up with explosives.... Rep. Lauren Boebert ... [was one of] multiple Republican lawmakers [who] loudly complained about the metal detectors, claiming they were a violation of their constitutional rights, and Boebert was among those who attempted to circumvent the screening by walking around the metal detectors or refusing to allow her bag to be searched. Boebert, said Gaetz during his remarks Saturday, was a '5 foot nothing woman' who 'carries a firearm for her personal protection,' but the metal detectors on the House floor were installed after 'they got triggered by that.' Again, to be clear, the metal detectors were installed in the immediate aftermath of the violent riots that took place at the U.S. Capitol on Jan. 6.... 'I said, man, is it, is it "tannonite" [sic] or C4 we want to put in those metal detectors and we blow 'em up,' said Gaetz.... Boebert cheered Gaetz on, retweeting his tweet with 'I'll bring the Tannerite!'" ~~~

     ~~~ Marie: IMO, both Gaetz & Boebert should be sanctioned for threatening to use a powerful explosive in the U.S. Capitol. And they should be detained & given a full body-search by fully-geared munitions experts every time they attempt to enter the Capitol building. I'm not kidding. Threats of extreme violence against the Capitol and those who are in the building, especially after January 6, should be taken seriously, even if Matt there characterizes his remarks as a joke.

Robert Barnes of the Washington Post: "The Supreme Court will face a bramble of unsettled legal questions when it reviews Texas's most-restrictive-in-the-nation abortion law Monday, but the inquiry itself is evidence of a changed court whose view of abortion as a constitutional right is in doubt. Monday's hastily scheduled hearing opens the most dramatic month for reproductive rights at the Supreme Court in three decades." ~~~

     ~~~ Marie: Whatever the Court's ultimate decision, bear in mind that the majority of the Supremes were named by male Republican presidents (and president*) who were entirely unconcerned about women's rights. AND since the Court is highly unlikely to determine that abortion is unconstitutional, there is no reason Congress could not pass a bill that would guarantee the right to abortion, which when signed into law would override state restrictions. Except Republicans. I have nothing against people who are opposed to abortion. I just detest people who make it difficult or impossible for you to get an abortion.

** The Washington Post has published a long, three-part feature on the January 6 insurrection. It begins, sensibly enough, with the "before" section here. Click on "during" and "after" for the other two parts. (Also linked yesterday afternoon.) ~~~

     ~~~ digby republishes a portion of the "before" report. Then she writes, "The FBI thought it was just a bunch of malcontents exercising free speech and the Department of Justice thought it was the military's prob's. The locals assumed everything was fine because the permits were in order and they had some bike racks set up. The head of the FBI was afraid the president would go after him and the Chairman of the Joint Chiefs was afraid the president would try to use the military to stay in power. They were all at cross purposes and obviously didn't take the threat of violence all that seriously (I would guess because the threats were coming from white middle class Americans who like to cosplay as revolutionaries.)" ~~~

     ~~~ Sally Buzbee, the Washington Post's executive editor, writes in a letter to readers: "Throughout much of this year, a team of 75 Washington Post journalists has been working to produce a definitive account of Jan. 6 -- its causes, its costs and its aftermath. The result of that investigation, a three-part series being published today, makes clear that the violence that day was neither a spontaneous act nor an isolated event." ~~~

     ~~~ Russ Choma of Mother Jones: "A sprawling new investigation by the Washington Post into the events leading up to the Capitol insurrection has revealed that the Federal Bureau of Investigations received numerous and highly-detailed tips on the potential for serious violence by followers of ... Donald Trump on January 6. And, despite the specificity and volume of reports, the FBI largely dismissed the warnings. The fact that law enforcement of all stripes reportedly underestimated the likelihood of violence on Jan. 6 has already been widely reported. But the Post's massive project -- started last spring and based on interviews of more than 230 people -- describes in excruciating detail just how much was ignored. In one of the more shocking revelations, the Post recounts how information began flooding into the FBI as early as Dec. 6, when the agency received a tip about a message in an online post telling Trump supporters: 'Please be in DC, armed, on the 6th. You might have to kill the palace guards. Are you okay with [that]?'" ~~~

~~~ Washington Post Staff: "The Post provided [Donald] Trump a list of 37 findings reported as part of its investigation. His spokesman Taylor Budowich provided a lengthy written response that included series of unrelated, inflammatory claims that The Post is not publishing in full. In response to the investigation's findings, Budowich said that the former president 'greatly objected' to all of them. He disputed The Post's investigation as 'fake news' and falsely cast people who entered the Capitol on Jan. 6 as 'agitators not associated with President Trump.' The statement repeated Trump's false claim that the 2020 election was rigged." ~~~

     ~~~ Dear Wall Street Journal Editorial Board: And that is how you handle a letter from Donald Trump or one of his lackeys. One of your millions of non-subscribers, Marie Burns ~~~

~~~ Paul Campos is LG&$: "After the initial shock wore off, the Republican party collectively decided that the 1/6 attempted coup was a good thing, and that it would do everything it could to ensure that the next attempt wouldn't fail.... There isn't going to be anything resembling a normal election in 2024, because the right wing in this country is now completely committed to living their truth, which is that Democrats don't win elections legitimately. This started out as a paranoid delusion, but now it's an Article of Faith, that can't be abandoned, because it's become so intimately connected to their tribal identity."

Judges Prefer Blondes. Ryan Reilly of the Huffington Post: "Federal prosecutors say an infamous Capitol attack defendant who traveled to Washington on a private plane and called Jan. 6 'one of the best days of my life' should spend time in prison, in part because she didn't think she would. Jenna Ryan was arrested in January after she openly bragged about her exploits at the Capitol on social media, livestreaming on Facebook from inside the building and tweeting a photo of herself standing at a broken window, captioning it 'if the news doesn't stop lying about us we're going to come after their studios next...'... The Justice Department's sentencing memo says that Ryan was 'publicly cheerleading' a violent attack.... Moreover, the government said, Ryan's tweet stating she had 'blonde hair white skin a great job a great future and I'm not going to jail' showed she thought she was immune from punishment for her crimes because of her race and physical appearance." ~~~

     ~~~ Marie: Sixty days? How about making sure she isn't eligible for parole (not that she'd be a model prisoner) for at least a year?

Carol Rosenberg of the New York Times: "In a stark rebuke of the torture carried out by the C.I.A. after the Sept. 11 attacks, seven senior military officers who heard graphic descriptions last week of the brutal treatment of a terrorist while in the agency's custody wrote a letter calling it 'a stain on the moral fiber of America.' The officers, all but one member of an eight-member jury, condemned the U.S. government's conduct in a clemency letter on behalf of Majid Khan, a suburban Baltimore high school graduate turned Qaeda courier. They had been brought to the U.S. Navy base at Guantánamo Bay to sentence Mr. Khan, who had earlier pleaded guilty to terrorism charges. They issued a sentence of 26 years, about the lowest term possible according to the instructions of the court."

Here's a surprise. Donald & Melanie Trump attended a World Series game Saturday night where they did something offensive (link is to a CBS News story). Oh, and here's a funny -- and characteristic -- note: "Mr. Trump told supporters on Saturday that he would be attending with New York Yankees president Randy Levine and thanked the MLB for the invitation. However, the MLB denied making the invitation and said in a statement, 'He requested to attend the game.'"

** Robin Stein, et al., of the New York Times: "A New York Times visual investigation reviewed footage from 120 vehicle stops over the last five years in which police officers killed motorists who were not brandishing a gun or knife or being pursued for violent crimes. We found a striking pattern. In dozens of incidents, footage shows, officers made tactical mistakes that put themselves in positions of danger -- walking into the path of a car, reaching into a window, jumping onto a moving vehicle -- then used lethal force to defend against that danger. Criminologists call this 'officer-created jeopardy.' But it often goes unexamined in deadly-force cases. Many courts instruct prosecutors and juries to consider only the instant in which an officer uses force -- what's known as the 'final frame' of the encounter. The narrow focus on that moment protects police officers and agencies from legal liability. Proponents of the final-frame approach point to a landmark Supreme Court decision, Graham v. Connor, which says courts should not second-guess the 'split-second' judgments officers make in the heat of the moment. But ... 'scrutinizing the entire incident..., some legal scholars and policymakers ... argue, aligns with another part of Graham v. Connor that instructs courts to consider the 'totality of circumstances.'" ~~~

     ~~~ Michael Levenson of the New York Times summarizes key findings of the Times investigation. "Over the last five years, The Times found, the police killed more than 400 drivers or passengers who were not wielding a gun or a knife or under pursuit for a violent crime. Traffic stops -- which are often motivated by hidden budgetary considerations because of the ticket revenue they generate -- are the most common interactions between police officers and the public. Yet the police consider them among the most dangerous things they do. That presumption of peril has been significantly overstated, but it has become ingrained in police culture and court precedents -- contributing to impunity for most officers who use lethal force at vehicle stops."

Michael Levenson of the New York Times: "When Kermit Warren lost his job shining shoes during the Covid-19 pandemic last year, he and his son took his life savings of nearly $30,000 to buy a tow truck.... But after flying from New Orleans to Ohio to buy the truck, Mr. Warren and his son discovered that it was the wrong kind ... so they returned home with $28,180 in cash.... As Mr. Warren walked through security at the airport in Columbus, Ohio, the screeners asked him about the money and then let him continue on. At the gate, just before Mr. Warren and his son boarded their flight, three agents from the Drug Enforcement Administration ... suspected that Mr. Warren was carrying illegal drug money and seized the cash.... The seizure, on Nov. 4, 2020, led to a yearlong ordeal that highlighted what Mr. Warren's lawyers call the injustice of civil forfeiture, which allows law enforcement officials to seize the cash, cars or other personal property of people suspected of crimes but not charged.... [Dan Alban, a lawyer with the Institute for Justice, who represents Mr. Warren, provided evidence that Warren] 'had a legitimate purpose for his trip to Ohio and a legitimate source for the cash he had earned,' Mr. Alban said. On Thursday, federal prosecutors agreed to return all $28,180 to Mr. Warren and to dismiss their civil forfeiture complaint 'with prejudice,' which means that it cannot be refiled, Mr. Alban said." ~~~

     ~~~ Marie: Yeah, the law is an ass, but one obvious lesson here: for Pete's sake, don't carry around big wads of cash. Not so long ago, I purchased a vehicle from another state, and I paid for it with a certified check, which I think cost something like $25 -- a lot less than the loss of capital for a year & a cheap price to pay for saving the worry of cash getting lost, stolen or seized. Oh, and if officers do suspect you of some crime, don't try to wriggle out of it by impersonatng a police officer, which is something else Warren did.

Niraj Chokshi of the New York Times: "American Airlines canceled more than 1,200 flights this weekend, blaming bad weather and staffing shortages for the widespread disruption. The cancellations represented more than 12 percent of the airline's scheduled flights for Saturday and Sunday, it said, and came just weeks after Southwest Airlines was forced to cancel nearly 2,000 flights. Severe wind late last week hampered operations at Dallas-Fort Worth International Airport, American's largest hub airport, cutting into runway capacity and forcing a round of cancellations, David Seymour, the airline's chief operating officer, said in a note to staff on Saturday. That disruption, combined with bad weather elsewhere in its network, stranded American flight crews in the wrong places, hindering the airline as it went into a typically busy weekend."

Adela Suliman of the Washington Post: "Southwest Airlines is conducting an internal investigation after one of its pilots reportedly said a phrase used in right-wing circles as a stand-in for swearing at President Biden over the plane's public address system -- apologizing to customers and insisting it does not condone employees sharing personal political opinions while on the job. The airline faced turbulence on social media over the weekend after an Associated Press journalist was on a flight from Houston to Albuquerque on Friday when she heard the pilot use the phrase 'let's go Brandon,' writing that it brought on 'audible gasps from some passengers.' Audio of the pilot's greeting, which The Washington Post could not independently verify, was separately circulating widely on social media." (Also linked yesterday afternoon.)

The Pandemic, Ctd.

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

Laurie McGinley of the Washington Post: "The Food and Drug Administration is delaying a decision on whether to make Moderna's coronavirus vaccine available to adolescents because the agency needs more time to evaluate if the shot increases the risk of a rare cardiac side effect, the company said Sunday. Moderna, a Cambridge, Mass., biotechnology company, said in a news release that the FDA indicated it will take until at least January to complete the review of Moderna's application for use in 12- to 17-year-olds. The agency told the vaccine maker Friday evening it needed more time to analyze emerging international data on the risk of myocarditis, an inflammation of the heart muscle that in rare instances occurs after vaccination."

Kaitlan Collins of CNN: "White House press secretary Jen Psaki, who dropped off President Joe Biden's international trip shortly before he departed, has tested positive for coronavirus after members of her household did, she said in a statement Sunday. Psaki said she last saw Biden Tuesday outside while masked, before the President departed for Rome for the Group of 20 Summit. Psaki said she was disclosing the positive test result 'out of an abundance of transparency,' adding that she has experienced mild symptoms and is working remotely. The White House announced Thursday that Psaki would no longer join Biden on his trip abroad 'for at least the first few days,' citing a family emergency. White House deputy press secretary Karine Jean-Pierre instead traveled with the President." Thanks to P.D. Pepe for the link.

The New York Times' live updates of Covid-19 developments Sunday are here. (Also linked yesterday afternoon.)

Way Beyond the Beltway

France/Australia. Ellen Francis of the Washington Post: "French President Emmanuel Macron accused Australia's prime minister, Scott Morrison, of lying to him about a sunken $66 billion submarine deal that triggered an angry charge of betrayal from Paris. 'I don't think, I know,' Macron responded to a question about whether he thought Morrison had lied by not disclosing negotiations with the United States and Britain that nixed Australia's deal with France. 'We will see what he will deliver,' Macron said about the prospect of rebuilding trust, speaking to Australian reporters Sunday on the sidelines of the G-20 summit in Italy."

Saturday
Oct302021

October 31, 2021

~~~ Marie: I wonder what would be scarier? (1) Donald Trump trick-or-treating as Donald Trump, or (2) Donald Trump trick-or-treating as Grover Cleveland, who was president for two non-consecutive terms?

~~~ Sophie June of the New York Times: "Supply chain issues have been making everything from Cheerios to toilet paper more expensive since the start of the pandemic. At the same time, Halloween fans have pent-up demand for celebrations after last year's holiday was subdued by Covid-19 restrictions. Consumers are expected to spend $10.1 billion on Halloween this year, up from $8.05 billion in 2020, according to the National Retail Federation. And an estimated 65 percent of Americans plan to celebrate, up from 58 percent last year.... This year is a perfect storm for a costume shortage. There are all the reasons the port-to-store supply chain is running at less than capacity -- including shortages of truck drivers, warehouse employees and other workers, Covid lockdowns, natural disasters, and container scarcity." ~~~

     ~~~ Marie: When I was in the second grade, I desperately wanted a store-bought Halloween costume. My parents said, no, that they were too expensive, and they would make me a costume. To my childish chagrin, my father, mostly, dressed me up as Al Capp's L'il Abner witch, and off we went to the school Halloween celebration. At one point, and to my bewilderment, many of us were lined up for a costume prize. I won. That was the last and only time I felt deprived for not having the "right" Halloween costume. Kids, sometimes your parents get things right.

Afternoon Update:

Nicole Winfield, et al., of the AP: "Leaders of the world's biggest economies made a vague commitment Sunday to seek carbon neutrality 'by or around mid-century' as they wrapped up a two-day Rome summit that was laying the groundwork for the U.N. climate conference in Glasgow, Scotland. According to the final meeting communique, the Group of 20 leaders also agreed to end public financing for coal-fired power generation abroad but set no target for phasing out coal domestically -- a clear nod to China, India and other coal-dependent countries. The G-20 countries represent more than three-quarters of the world's greenhouse gas emissions and summit host Italy and Britain, which is hosting the Glasgow climate conference, had looked for more ambitious targets to come out of Rome."

** The Washington Post has published a long, three-part feature on the January 6 insurrection. It begins, sensibly enough, with the "before" section here. Click on "during" and "after" for the other two parts.

Adela Suliman of the Washington Post: "Southwest Airlines is conducting an internal investigation after one of its pilots reportedly said a phrase used in right-wing circles as a stand-in for swearing at President Biden over the plane's public address system -- apologizing to customers and insisting it does not condone employees sharing personal political opinions while on the job. The airline faced turbulence on social media over the weekend after an Associated Press journalist was on a flight from Houston to Albuquerque on Friday when she heard the pilot use the phrase 'let's go Brandon,' writing that it brought on 'audible gasps from some passengers.' Audio of the pilot's greeting, which The Washington Post could not independently verify, was separately circulating widely on social media."

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

~~~~~~~~~~


Somini Sengupta
of the New York Times: "As presidents and prime ministers arrive in Glasgow this week for a pivotal climate summit, the outcome will determine, to a large extent how the world's seven billion people will survive on a hotter planet and whether far worse levels of warming can be averted for future generations. Tensions loom over the 12-day summit. Some poor countries hard hit by climate disasters are holding out for money promised, and yet to be delivered, by the industrialized nations that fueled the crisis. Polluting countries are pressing each other to cut their emissions while jockeying for advantage and wrestling with the impacts on their own economies.... Complicating matters, the need for collective action to tackle such an urgent, existential global threat comes at a time of rising nationalism. This makes the talks in Glasgow a test of whether global cooperation is even possible to confront a crisis that does not recognize national borders."

The Washington Post is live-updating developments at the G-20 summit. The New York Times' live updates are here.

Katie Rogers, et al., of the New York Times: "From the opening moments of the Group of 20 summit on Saturday, the leaders of the world's largest economies wanted to send a strong message about ending the coronavirus pandemic.... But as the leaders gathered to discuss plans to protect against future pandemics, health experts and activists expressed concerns that the world's richest nations were still not doing enough to help people in poor nations survive the current one.... While wealthy nations are offering people third vaccine doses and increasingly inoculating children, poor countries have administered an estimated four doses per 100 people, according to the World Health Organization.... [As President Biden addresses other issues,] health experts and influential advocates, including Pope Francis, have urged Mr. Biden during his trip to stay focused on closing the vaccine gap for poor nations...."

Seung Min Kim, et al., of the Washington Post: "President Biden opened new fronts in global engagement Saturday, endorsing international accords on taxation and vaccinations while joining key European allies to ramp up pressure on Iran to revive the 2015 deal to curb its nuclear program.... Taken together, the moves marked fresh efforts to turn away from Trump's policies that included withdrawal from key international accords, a snub of the Iran nuclear deal and a range of protectionist trade measures. Perhaps the most uncertain of the developments Saturday is the fate of the nuclear accord that set limits on Iran's uranium enrichment and other advances in exchange for easing international sanctions.... During the first full day of the G-20 summit in Rome, Biden met with leaders of the E3 countries -- France, Germany and Britain -- in an attempt to coordinate with other parties of the original agreement. Russia and China were also part of the accord." ~~~

~~~ Jeff Stein & Seung Min Kim of the Washington Post: "President Biden and the other national leaders gathered for the Group of 20 summit formally endorsed a new global minimum tax on Saturday, capping months of negotiations over the groundbreaking tax accord. The new global minimum tax of 15 percent aims to reverse the decades-long decline in tax rates on corporations across the world, a trend experts say has deprived governments of revenue to fund social spending programs. The deal is a key achievement for Treasury Secretary Janet Yellen, who made an international floor on corporate taxes among the top priorities of her tenure and pushed forcefully for swift action on a deal.... Nearly 140 countries representing more than 90 percent of total global economic output have endorsed the deal, but they each must implement the new standards in a process that could take time and overcome internal political opposition.... The minimum tax will be coupled with a broader change to global taxation intended to prevent countries and companies from undercutting the new floor. Under the pact, corporations trying to evade taxation by shifting profits to low-tax countries will face a 'top-up' tax, which would require them to pay the difference between the tax haven's tax rate and the 15 percent minimum tax rate of the companies where they are headquartered." ~~~

~~~ Ana Swanson & Katie Rogers of the New York Times: "The Biden administration announced on Saturday that it had reached a deal to roll back tariffs on European steel and aluminum, an agreement that officials said would lower costs on goods like cars and washing machines, reduce carbon emissions, and help get supply chains moving again. The deal, which comes as President Biden and other world leaders meet at the Group of 20 summit in Rome, is aimed at easing trans-Atlantic trade tensions that had worsened under ... Donald J. Trump, whose administration initially imposed the tariffs. Mr. Biden has made clear he wants to repair relations with the European Union, but the agreement also appears carefully devised to avoid alienating U.S. labor unions and manufacturers that have supported Mr. Biden.... The agreement will put an end to retaliatory tariffs that the European Union had imposed on American products including orange juice, bourbon and motorcycles. It will also avert additional tariffs on American products that were set to go into effect on Dec. 1." MB: Hmmm. Sounds like good news for Florida & Kentucky.

Tony Romm of the Washington Post: "House Democrats are aiming to vote as soon as Tuesday on two spending initiatives totaling roughly $3 trillion as they seek to overcome months of delays that have ensnared President Biden's broader economic agenda. The tentative schedule would mark the final vote for a roughly $1.2 trillion package to improve the country's infrastructure, which would then head to the president's desk for a signature. And it would tee up the Senate to begin debate over a second, roughly $1.75 trillion measure to overhaul the nation's health care, education, climate, immigration and tax laws." ~~~

~~~ Tony Romm of the Washington Post: "With the House set to vote on a sweeping spending measure as soon as Tuesday, it marked a new test as to whether Democrats, largely led by women in the House and Senate, could sway [Sen. Joe] Manchin [D-ish-W.Va.] and deliver the help they long have promised to millions of Americans.... The paid-leave plan that Democrats originally envisioned would have provided 12 weeks of aid for Americans who fall ill, need to care for a sick loved one or are tending to the birth of a new child.... An incensed Sen. Patty Murray (D-Wash.) hammered Manchin indirectly, stressing that Democrats are 'not going to let one man tell all the women in this country that they can't have paid leave.' And a wide array of lawmakers including Sen. Kyrsten Sinema (D-Ariz.) have placed calls to Manchin directly about the issue...."

Kim Bellware of the Washington Post: "Goodluck Nwauzor fled Boko Haram militants in Nigeria only to end up cleaning showers for $1 a day while housed at one of the United States' largest immigrant detention facilities. Now his testimony has helped convince a federal jury that GEO Group, which runs the Northwest ICE Processing Center in Tacoma, Wash., violated the state's minimum wage laws and owes thousands of immigrant detainees $17.3 million in backpay.... The decision on Friday means Nwauzor and roughly 10,000 other detainees will receive individual awards ranging from $7 for a single day worked, to more than $30,000 in the instance of a detainee who worked almost 700 days, according to ... the law firm representing Nwauzor and the other detainees. On Monday, U.S. District Judge Robert Bryan will decide how much money GEO Group must pay the state for unjust enrichment -- a sum on top of the $17.3 million already ordered.... 'Immigration detention center labor is a kind of murky area that's been operating under the aegis of prison labor, [Erin Hutton, a University of Buffalo sociology professor,] said. 'It's been in dispute, but this ruling shows that they can't get away with it without scrutiny.'" ~~~

     ~~~ Marie: I had no idea that working for pennies an hour -- or candy! -- was one of the options for detainees. But according to the story, "Detainees at the Northwest ICE Processing Center were paid a $1 per day regardless of how many hours they worked in various cooking, cleaning, laundry and maintenance roles, if they were paid at all; some detainees were paid with candy or other snacks, according to court records." Congress needs to acknowledge there's something really, really wrong with ICE -- and do something about it.

Kyle Cheney of Politico: "Donald Trump is seeking to prevent Jan. 6 investigators from accessing daily presidential diaries, drafts of election-related speeches, logs of his phone calls, handwritten notes and files of top aides, the National Archives revealed in a Saturday morning court filing. According to the National Archives, the former president has sought to block about 750 pages out of nearly 1,600 identified by officials as relevant to the Jan. 6 investigation. Among them are hundreds of pages from 'multiple binders of the former press secretary [Kayleigh McEnany] which is made up almost entirely of talking points and statements related to the 2020 election,' according to the court filing. The filing details are the clearest indication yet of what Trump is trying to withhold from congressional investigators.... The National Archives indicated that many files were drawn from the systems of key Trump aides including former Chief of Staff Mark Meadows, adviser Stephen Miller and deputy counsel Patrick Philbin.... The National Archives submitted its filing in response to Trump's lawsuit seeking an emergency court order to block [Archivist David] Ferriero from transmitting them to Congress.... But the archives rejected Trump's legal arguments, emphasizing that the Jan. 6 committee's requests were tailored specifically to its investigation, and that President Joe Biden had already made the 'manifestly reasonable' decision to reject Trump's claims of privilege." (Also linked yesterday afternoon.) ~~~

     ~~~ The New York Times story is here. In case you were asking yourself, "Why, what's he got to hide?", read on. ~~~

** Josh Dawsey, et al., of the Washington Post: "As Vice President Mike Pence hid from a marauding mob during the Jan. 6 invasion of the Capitol, an attorney for ... Donald Trump emailed a top Pence aide to say that Pence had caused the violence by refusing to block certification of Trump's election loss. The attorney, John C. Eastman, also continued to press for Pence to act even after Trump's supporters had trampled through the Capitol -- an attack the Pence aide, Greg Jacob, had described as a 'siege' in their email exchange. 'The "siege" is because YOU and your boss did not do what was necessary to allow this to be aired in a public way so that the American people can see for themselves what happened,' Eastman wrote to Jacob, referring to Trump's claims of voter fraud.... Jacob, Pence's chief counsel, included Eastman's emailed remarks in a draft opinion article about Trump's outside legal team that he wrote later in January but ultimately chose not to publish. The Washington Post obtained a copy of the draft. [The draft shows] that Eastman's efforts to persuade Pence to block Trump's defeat were more extensive than has been reported previously...." (Also linked yesterday.) ~~~

     ~~~ Here's the text (via the WashPo) of the draft op-ed Greg Jacob wrote in January 2021. It begins: "In the days and hours leading up to the counting of the electoral votes in Congress, a cadre of outside lawyers to the President spun a web of lies and disinformation, to him and to the public, for the purpose of pressuring the Vice President to betray his oath to uphold our laws and the Constitution of the United States.... Now that the moment of immediate crisis has passed, the legal profession should dispassionately examine whether the attorneys involved should be disciplined for using their credentials to sell a stream of snake oil to the most powerful office in the world, wrapped in the guise of a lawyer's advice." (Also linked yesterday.) ~~~

~~~ Josh Marshall of TPM views the Washington Post story (Josh Dawsey, et al.) linked below as "one of the biggest revelations I've seen to date.... Here we're getting the details, the documentary evidence. [Attorney John] Eastman didn't recoil when the President's rally escalated to violence. He clearly saw the inside coup plot and the insurrectionists on the street as part of the same effort. This isn't surprising to most of us.... Eastman recognized the insurrection as the paramilitary wing of the coup plot he was part of and as the Capitol was under siege used it as a cudgel to force Pence's hand.... There was the notorious phone call between Minority Leader Kevin McCarthy and Trump in which McCarthy demanded Trump call off his insurrectionists. Trump notoriously responded, 'Well, Kevin, I guess these people are more upset about the election than you are.'... Trump's message was the same as Eastman's. You brought it on yourself and they're my guys.... They both recognized the insurrectionists as their foot soldiers and expressed as much in real time to the members of Congress under siege." (Also linked yesterday afternoon.) ~~~

     ~~~ Aaron Blake of the Washington Post: "Trump's comment to McCarthy, and Trump's tweet attacking Pence, it's pretty clear the Trump team saw utility in the mob. And they apparently tried to exploit it to the bitter end." (Also linked yesterday.) ~~~

~~~ Tim Murphy of Mother Jones: "Since [John Eastman's] memo [on how to overturn the election results] was published, Eastman and his current employer, the Claremont Institute, have sought to downplay its significance.... But Eastman was not participating in some after-hours law-school bull session; he was advising a corrupt and desperate man who would do almost anything to hold onto power. The radical scenario outlined in the memo, and the equally-radical scenario Eastman says he ultimately recommended -- in which Pence would decline to certify the results, buying time for Republican legislators in key states to purportedly investigate alleged fraud, and submit new slates of electors -- would have only indulged Trump's delusions about his own chances. And Eastman pursued all of this, because he was likewise deluded about what had happened in November. As part of a legal analysis he prepared for state legislators making the case that they could reject their states' election results, the Post reported, 'Eastman's seven-page paper featured theories about voter fraud published by the right-wing blog the Gateway Pundit and an anonymous Twitter user named "DuckDiver19."' DuckDiver19. It's a long way from Federalist no. 68." (Also linked yesterday afternoon.) ~~~

~~~ Andrew Kaczynski & Em Steck of CNN: "John Eastman, a conservative lawyer working ... Donald Trump's legal team, said in a radio interview in early January that then-Vice President Mike Pence had the power to throw the 2020 presidential election to the House of Representatives, saying it depended on whether Pence had 'courage and the spine.' Those comments are more direct than how Eastman has recently described his conversation with Pence, when he has said he told the vice president it was an 'open question' whether he could throw out seven states' Electoral College votes and that it'd be a 'foolish' option to pursue. Eastman made the comments, unearthed by CNN's KFile, on the radio show of former Trump White House senior adviser Stephen Bannon on January 2...." (Also linked yesterday afternoon.)

Ed Pilkington of the Guardian writes a recap of what we know about Trump's attempted coup. (Also linked yesterday afternoon.)

The Pandemic, Ctd.

** Alexander Nazaryan of Yahoo! News: "... a new study published on Friday by the Centers for Disease Control and Prevention that finds that natural immunity offers far weaker protection than does a vaccine. The new study finds that people who had natural immunity from having recently fought off COVID-19 and who were not vaccinated were 5.49 times more likely to experience another COVID-19 infection than were vaccinated people who had not previously been infected. 'The data demonstrate that vaccination can provide a higher, more robust, and more consistent level of immunity to protect people from hospitalization for COVID-19 than infection alone for at least 6 months,' a CDC press release said." MB: I for one am shocked, shocked to learn that Doctor-Senator Rand Paul got this ass-backwards. (Also linked yesterday afternoon.)

Beyond the Beltway

California. Maria Cramer of the New York Times: "'Absolutely stunning' is how the University of California, Santa Barbara, described plans for Munger Hall, a towering residence hall for more than 4,500 students that was designed by Charles T. Munger, a billionaire and an executive of Berkshire Hathaway. But Dennis McFadden, an architect who served as a consultant on the university's design review committee, did not agree. On Oct. 24, in a scathing letter to the chairwomen of the committee, he announced that he was resigning over the university's decision to approve a design he likened to 'a social and psychological experiment.' He said he was 'disturbed' by a design that would cram the students into a 1.7-million-square-foot, 11-story building and make the vast majority of them live in small rooms without windows, 'wholly dependent on artificial light and mechanical ventilation.'" MB: But, hey, the cells will have fake natural light! I guess this is how billionaires think the little people should live, even when the little people attend a toney U.C. institution.

Texas. Kate McGee of the Texas Tribune: "As supporters of ... Donald Trump surrounded and harassed a Joe Biden campaign bus on a Central Texas highway last year, San Marcos police officials and 911 dispatchers fielded multiple requests for assistance from Democratic campaigners and bus passengers who said they feared for their safety from a pack of motorists, known as a 'Trump Train,' allegedly driving in dangerously aggressive ways. 'San Marcos refused to help,' an amended federal lawsuit over the 2020 freeway skirmish claims. Transcribed 911 audio recordings and documents that reveal behind-the-scenes communications among law enforcement and dispatchers were included in the amended lawsuit, filed late Friday.... The lawsuit alleges that by refusing the help, law enforcement officers violated the Ku Klux Klan Act of 1871 because they were aware of 'acts of violent political intimidation' but did not take appropriate steps to prevent the Trump supporters from intimidating eligible voters.... Trump later praised his supporters' behavior [in the bus incidents], which occurred months before the former president's backers violently stormed the U.S. Capitol...."

Way Beyond

Russia/Ukraine. Paul Sonne, et al., of the Washington Post: "A renewed buildup of Russian troops near the Ukrainian border has raised concern among some officials in the United States and Europe who are tracking what they consider irregular movements of equipment and personnel on Russia's western flank. The officials, who spoke on the condition of anonymity..., said the troop movements have reignited concerns that arose in April, when the largest buildup of troops by Russia near the Ukrainian border in years sparked an international outcry. The renewed movements of Russian forces in the area come as the Kremlin embraces a harder line on Ukraine. Russian officials from President Vladimir Putin on down have escalated their rhetoric in recent months, attacking Kyiv's Western ties and even questioning its sovereignty. Putin has warned that any expansion of NATO military infrastructure on Ukrainian territory represents a 'red line' for Moscow."

News Lede

NBC News: "One person was killed and three others were injured in a shooting at the home of a city official in California, where an outdoor party was taking place early Saturday, police said. A man was pronounced dead at the home of Gilroy City Council Member Rebeca Armendariz, and the three survivors were hospitalized, two with 'life-threatening injuries,' the Gilroy Police Department said in a statement[.]"

Friday
Oct292021

October 30, 2021

Afternoon Update:

Kyle Cheney of Politico: "Donald Trump is seeking to prevent Jan. 6 investigators from accessing daily presidential diaries, drafts of election-related speeches, logs of his phone calls, handwritten notes and files of top aides, the National Archives revealed in a Saturday morning court filing. According to the National Archives, the former president has sought to block about 750 pages out of nearly 1,600 identified by officials as relevant to the Jan. 6 investigation. Among them are hundreds of pages from 'multiple binders of the former press secretary [Kayleigh McEnany] which is made up almost entirely of talking points and statements related to the 2020 election,' according to the court filing. The filing details are the clearest indication yet of what Trump is trying to withhold from congressional investigators.... The National Archives indicated that many files were drawn from the systems of key Trump aides including former Chief of Staff Mark Meadows, adviser Stephen Miller and deputy counsel Patrick Philbin.... The National Archives submitted its filing in response to Trump's lawsuit seeking an emergency court order to block [Archivist David] Ferriero from transmitting them to Congress.... But the archives rejected Trump's legal arguments, emphasizing that the Jan. 6 committee's requests were tailored specifically to its investigation, and that President Joe Biden had already made the 'manifestly reasonable' decision to reject Trump's claims of privilege."

Josh Marshall of TPM views the Washington Post story (Josh Dawsey, et al.) linked below as "one of the biggest revelations I've seen to date.... Here we're getting the details, the documentary evidence. [Attorney John] Eastman didn't recoil when the President's rally escalated to violence. He clearly saw the inside coup plot and the insurrectionists on the street as part of the same effort. This isn't surprising to most of us.... Eastman recognized the insurrection as the paramilitary wing of the coup plot he was part of and as the Capitol was under siege used it as a cudgel to force Pence's hand.... There was the notorious phone call between Minority Leader Kevin McCarthy and Trump in which McCarthy demanded Trump call off his insurrectionists. Trump notoriously responded, 'Well, Kevin, I guess these people are more upset about the election than you are.'... Trump's message was the same as Eastman's. You brought it on yourself and they're my guys.... They both recognized the insurrectionists as their foot soldiers and expressed as much in real time to the members of Congress under siege." ~~~

     ~~~ Aaron Blake of the Washington Post: "Trump's comment to McCarthy, and Trump's tweet attacking Pence, it's pretty clear the Trump team saw utility in the mob. And they apparently tried to exploit it to the bitter end." ~~~

~~~ Tim Murphy of Mother Jones: "Since [John Eastman's] memo [on how to turn over the election results] was published, Eastman and his current employer, the Claremont Institute, have sought to downplay its significance.... But Eastman was not participating in some after-hours law-school bull session; he was advising a corrupt and desperate man who would do almost anything to hold onto power. The radical scenario outlined in the memo, and the equally-radical scenario Eastman says he ultimately recommended -- in which Pence would decline to certify the results, buying time for Republican legislators in key states to purportedly investigate alleged fraud, and submit new slates of electors -- would have only indulged Trump's delusions about his own chances. And Eastman pursued all of this, because he was likewise deluded about what had happened in November. As part of a legal analysis he prepared for state legislators making the case that they could reject their states' election results, the Post reported, 'Eastman's seven-page paper featured theories about voter fraud published by the right-wing blog the Gateway Pundit and an anonymous Twitter user named 'DuckDiver19.' DuckDiver19. It's a long way from Federalist no. 68." ~~~

~~~ Andrew Kaczynski & Em Steck of CNN: "John Eastman, a conservative lawyer working ... Donald Trump's legal team, said in a radio interview in early January that then-Vice President Mike Pence had the power to throw the 2020 presidential election to the House of Representatives, saying it depended on whether Pence had 'courage and the spine.' Those comments are more direct than how Eastman has recently described his conversation with Pence, when he has said he told the vice president it was an 'open question' whether he could throw out seven states' Electoral College votes and that it'd be a 'foolish' option to pursue. Eastman made the comments, unearthed by CNN's KFile, on the radio show of former Trump White House senior adviser Stephen Bannon on January 2...."

Ed Pilkington of the Guardian writes a recap of what we know about Trump's attempted coup.

** Alexander Nazaryan of Yahoo! News: "... a new study published on Friday by the Centers for Disease Control and Prevention that finds that natural immunity offers far weaker protection than does a vaccine. The new study finds that people who had natural immunity from having recently fought off COVID-19 and who were not vaccinated were 5.49 times more likely to experience another COVID-19 infection than were vaccinated people who had not previously been infected. 'The data demonstrate that vaccination can provide a higher, more robust, and more consistent level of immunity to protect people from hospitalization for COVID-19 than infection alone for at least 6 months,' a CDC press release said." MB: I for one am shocked, shocked to learn that Doctor-Senator Rand Paul is among those who got this ass-backwards.

~~~~~~~~~~

The New York Times is live-updating developments at the G-20 summit in Rome. The Washington Post's live updates are here.

Bad News for Tim Apple. Jim Tankersley & Alan Rappeport of the New York Times: "President Biden and other world leaders endorsed a landmark global agreement on Saturday that seeks to block large corporations from shifting profits and jobs across borders to avoid taxes, a showcase win for a president who has found raising corporate tax rates an easier sell with other countries than with his own party in Congress. The announcement in the opening session of the Group of 20 summit marked the world's most aggressive attempt yet to stop opportunistic companies like Apple and Bristol Myers Squibb from sheltering profits in so-called tax havens, where tax rates are low and corporations often maintain little physical presence beyond an official headquarters. It is a deal years in the making, which was pushed over the line by the sustained efforts of Mr. Biden's Treasury Department, even as the president's plans to raise taxes in the United States for new social policy and climate change programs have fallen short of his promises. The revenue expected from the international pact is now critical to Mr. Biden's domestic agenda...."

Katie Rogers & Jason Horowitz of the New York Times: "After a six-week diplomatic uproar over a scuttled submarine deal and accusations of American duplicity, President Biden made a one-on-one effort Friday to mend fences with President Emmanuel Macron of France by admitting that, yes, the matter could have been handled better.... By delivering an in-person mea culpa to the leader of one of America's oldest allies, Mr. Biden signaled that he was ready to move on from an embarrassing spat that grew from a secretive American agreement with Britain and Australia to supply Australia with nuclear-powered attack subs, effectively canceling out a lucrative and strategically important French contract.... But his trip began with a private audience with Pope Francis at the Vatican, a diplomatic meeting that the president, who was grinning broadly as he emerged from his presidential limousine, seemed to enjoy." ~~~

~~~ Maegan Vazquez of CNN: "President Joe Biden on Friday admitted that his administration was 'clumsy' in its handling of the deal that deprived France of billions in defense contracts. The comment came during of a closely watched meeting with his French counterpart, Emmanuel Macron, in Rome, meant to repair fractured ties after a rift over an agreement to provide Australia with submarines[.] 'I was under the impression that France had been informed long before that the deal was not going through, honest to God,' Biden said on Friday, sitting alongside Macron in the French Embassy to the Holy See." (Also linked yesterday afternoon.) ~~~

~~~ Josh Boak, et al., of the AP: "President Joe Biden said Pope Francis told him he should continue to receive Communion as the world's two most prominent Roman Catholics ran overtime in highly personal discussions on climate change, poverty and the coronavirus pandemic that also touched on the loss of president's adult son and jokes about aging well.... Video released by the Vatican showed several warm, relaxed moments between Francis and Biden as they repeatedly shook hands and smiled. Francis often sports a dour look, especially in official photos, but he seemed in good spirits Friday. The private meeting lasted about 75 minutes, according to the Vatican, more than double the normal length of an audience with the pontiff[.]" (Also linked yesterday afternoon.)

Reid Epstein of the New York Times: "Representative Adam Kinzinger, who emerged this year as one of the pre-eminent Republican critics of ... Donald J. Trump, announced Friday that he would not seek re-election in 2022. Mr. Kinzinger's electoral fate was largely sealed late Thursday when Illinois Democrats, in an 11th-hour vote shortly before midnight, adopted a new congressional map that eliminated the Republican-majority district Mr. Kinzinger represented for the last decade.... He announced his departure from Congress in a five-minute video in which he reiterated his opposition to Mr. Trump's influence on the Republican Party and reflected on his first congressional victory during the 2010 Tea Party wave." The AP's report is here. (Also linked yesterday afternoon.)

** Josh Dawsey, et al., of the Washington Post: "As Vice President Mike Pence hid from a marauding mob during the Jan. 6 invasion of the Capitol, an attorney for ... Donald Trump emailed a top Pence aide to say that Pence had caused the violence by refusing to block certification of Trump's election loss. The attorney, John C. Eastman, also continued to press for Pence to act even after Trump's supporters had trampled through the Capitol -- an attack the Pence aide, Greg Jacob, had described as a 'siege' in their email exchange. 'The "siege" is because YOU and your boss did not do what was necessary to allow this to be aired in a public way so that the American people can see for themselves what happened,' Eastman wrote to Jacob, referring to Trump's claims of voter fraud.... Jacob, Pence's chief counsel, included Eastman's emailed remarks in a draft opinion article about Trump's outside legal team that he wrote later in January but ultimately chose not to publish. The Washington Post obtained a copy of the draft. [The draft shows] that Eastman's efforts to persuade Pence to block Trump's defeat were more extensive than has been reported previously...." ~~~

     ~~~ Marie: Eastman recently told the National Review, "... in an interview that ... having Pence reject electoral votes -- was not 'viable' and would have been 'crazy' to pursue.... '[A]nybody who thinks that that's a viable strategy is crazy,'" Eastman said. Days later, he was caught on tape boasting to a young reporter that there was "no question" the memo's legal reasoning was "solid." It's obvious these guys were serious about overturning the 2020 presidential election results, and Eastman, at least, was mad as hops at pence for refusing to play his part in the attempted coup. ~~~

     ~~~ Here's the text (via the WashPo) of the draft op-ed Greg Jacob wrote in January 2021. It begins: "In the days and hours leading up to the counting of the electoral votes in Congress, a cadre of outside lawyers to the President spun a web of lies and disinformation, to him and to the public, for the purpose of pressuring the Vice President to betray his oath to uphold our laws and the Constitution of the United States.... Now that the moment of immediate crisis has passed, the legal profession should dispassionately examine whether the attorneys involved should be disciplined for using their credentials to sell a stream of snake oil to the most powerful office in the world, wrapped in the guise of a lawyer's advice."

Kyle Cheney of Politico: "Sixty-six former lawmakers, including two dozen Republicans, have signed on to a legal brief urging a federal judge to reject ... Donald Trump's effort to block Jan. 6 investigators from accessing his White House's records. The brief, which is slated to hit the docket in the D.C. federal District Court on Friday, contends that no possible argument about executive privilege could overcome Congress' need for documents to probe the violent attack on the Capitol -- one fueled by Trump's false claim that the 2020 election was stolen. (Also linked yesterday afternoon.)

Shocking News! -- Trump Evades Securities Law. Matthew Goldstein, et al., of the New York Times: This month, Donald Trump "agreed to merge his social media venture with what's known as a special purpose acquisition company, or SPAC. The result is that Mr. Trump -- largely shut out of the mainstream financial industry because of his history of bankruptcies and loan defaults -- secured nearly $300 million in funding for his new business. To get his deal done, Mr. Trump ventured into an unregulated and sometimes shadowy corner of Wall Street, working with an unlikely cast of characters: [two] former 'Apprentice' contestants, a small Chinese investment firm and a little-known Miami banker named Patrick Orlando. Mr. Orlando had been discussing a deal with Mr. Trump since at least March.... In doing so, Mr. Orlando's SPAC may have skirted securities laws and stock exchange rules, lawyers said.... SPACs aren't supposed to have a merger planned at the time of their I.P.O. Lawyers and industry officials said that talks between Mr. Orlando and Mr. Trump or their associates consequently could draw scrutiny from the Securities and Exchange Commission. Another issue is that [Mr. Orlando's SPAC, called] Digital World [Acquisition]..., repeatedly stated [in its securities filings] that the company and its executives had not engaged in any 'substantive discussions, directly or indirectly,' with a target company -- even though Mr. Orlando had been in discussions with Mr. Trump."

Annals "Journalism," Ha Ha Ha. David Cavucci of the Daily Dot: "[Thursday], Fox News host Tucker Carlson unveiled a dramatic trailer for his new special, one which will reveal the 'true story' behind the Jan. 6 Capitol riot. In it, he drops real truths like: Americans are being held in Guantanamo Bay for their participation in the riot (not true); that a new 'war on terror' has been launched against right-wingers (not true); and that it was a false flag attack (ehhh.... probably not true). The trailer was resoundingly panned. But there is one truth from the trailer that needs to get out there. Fox News is not involved in this documentary." Fox complained to the Daily Dot that its story did not make clear that the channel did not participate in Tucker's production or airing. It's a pay-per-view Fox Nation production. MB: A shame that the poor people can't afford to learn these truths. Although I suppose for TuKKKer fans, these truths are self-evident. Self-evident to me: the hypocrisy of Fox "News"' insistence upon distancing itself from a lie-laced TuKKKer production at the same time it allows TuKKKer to tell o rimply the same lies in its top prime-time timeslot.

The Pandemic, Ctd.

Noah Weiland & Sharon LaFraniere of the New York Times: "The Food and Drug Administration on Friday authorized Pfizer-BioNTech's coronavirus vaccine for emergency use in children 5 to 11, a move eagerly anticipated by millions of families looking to protect some of the only remaining Americans left out of the vaccination campaign. About 28 million children in the group will be eligible to receive one-third of the adult dose, with two injections three weeks apart. If the Centers for Disease Control and Prevention signs off, as is expected, they could start getting shots as early as Wednesday." An ABC News report is here.

Jim Clyburn Is Sick & Tired of These Damned Scams. Aaron Gregg of the Washington Post: "A House panel is demanding documents from a pair of online businesses as part of an inquiry into whether they pushed what it calls ineffective and dangerous coronavirus treatments, according to letters made public Friday.According to a letter signed by Rep. James E. Clyburn (D-S.C.), chairman of the House Subcommittee on the Coronavirus Crisis, the telemedicine provider SpeakWithAnMD.com has collected millions of dollars in fees from prescribing such treatments as the animal parasite drug ivermectin and the malaria medication hydroxychloroquine for the coronavirus, even though neither is authorized for that use by the Food and Drug Administration. Clyburn said many of the consultations were arranged through referrals from America's Frontline Doctors (AFLD), a separate business that is also a subject of the congressional investigation."

Todd Gregory of the New York Times: "Ten Republican-led states filed a lawsuit on Friday in federal court in Missouri accusing the Biden administration of a broad range of overreaches in mandating that employees of federal contractors be vaccinated against the coronavirus by Dec. 8. The suit, filed in U.S. District Court for the Eastern District of Missouri, was led by Missouri's attorney general, Eric Schmitt, and the attorney general of Nebraska, Doug Peterson. The other eight states are Alaska, Arkansas, Iowa, Montana, New Hampshire, North Dakota, South Dakota an Wyoming."

Maine. Adam Liptak of the New York Times: "The Supreme Court on Friday refused to block Maine's requirement that health care workers be vaccinated against the coronavirus notwithstanding their religious objections. As is the court's custom in rulings on emergency applications, its brief order gave no reasons. But the three most conservative members of the court -- Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch -- issued a lengthy dissent, saying the majority had gone badly astray." CNN's report is here. MB: (I think) you can open the Court's decision, concurrence & dissent in your browser from here. ~~~

     ~~~ Ian Millhiser of Vox: "... while this order, which is also accompanied by a one-paragraph concurring opinion by Justice Amy Coney Barrett and a longer dissent by Justice Neil Gorsuch, is quite brief, it is significant because it suggests that there may be some limit to the conservative majority's solicitude for religious conservatives."

New York. Abusive AND Ignorant. Aaron Katersky & Mark Osborne of ABC News: "Four New York City firefighters have been suspended after driving their truck to a state senator's office while on duty, asking for the politician's home address and telling him the city would have 'blood on its hands' over the city's vaccine mandate. The group, from Ladder 113 in Brooklyn, went to the office of state Sen. Zellnor Myrie in the company's fire district in uniform and asked to speak to him, although as a state official he had no involvement in the city mandate from Mayor Bill de Blasio." Thanks to Ken W. for the link. ~~~

     ~~~ Myles Miller of NBC 4 (New York) News: "Six FDNY members of Ladder 113 have been suspended for allegedly driving their [in-service ladder] truck to a state senator's New York City office and threatening his staff over the vaccine mandate for city workers.... The group of firefighters also allegedly told the staff that if a fire was reported at [State Sen. Zellnor] Myrie's home they would not respond."

Beyond the Beltway

Florida. The Prospects for Free Speech under a President* DeSantis. Michael Wines of the New York Times: "Three University of Florida professors have been barred from assisting plaintiffs in a lawsuit to overturn the state's new law restricting voting rights, lawyers said in a federal court filing on Friday. The ban is an extraordinary limit on speech that raises questions of academic freedom and First Amendment rights. University officials told the three that because the school was a state institution, participating in a lawsuit against the state 'is adverse to U.F.'s interests' and could not be permitted. In their filing, the lawyers sought to question Gov. Ron DeSantis, a Republican, on whether he was involved in the decision. Mr. DeSantis has resisted questioning, arguing that all of his communications about the law are protected from disclosure...." MB: Ron De Mini-Trump is smarter than Real Donald Trump. There's every reason to suspect he would be a worse president*.

New Mexico. Julia Jacobs & Simon Romero of the New York Times: "Lawyers for Hannah Gutierrez-Reed, the armorer on the set of the film where Alec Baldwin fatally shot a cinematographer last week as he rehearsed with a gun he was told had no live ammunition, issued a statement Friday defending her adherence to safety protocols and saying that she did not know how live rounds wound up on the set in New Mexico. 'Hannah has no idea where the live rounds came from,' Ms. Gutierrez-Reed's lawyers, Jason Bowles and Robert Gorence, said in the first public statement on her behalf. In their statement, they charged that the set of the film, 'Rust,' had been unsafe, and that Ms. Gutierrez-Reed, 24, had been hired to two positions on the film, 'which made it extremely difficult to focus on her job as an armorer.'" MB: "I was busy" doesn't sound like much of a defense.

New York. Surprise! Luis Ferré-Sadurní, et al., of the New York Times: "A criminal complaint charging [former Gov. Andrew] Cuomo with a misdemeanor sex crime was filed by one of [Albany County] Sheriff [Craig] Apple's investigators in Albany City Court on Thursday. The court typically takes several days to process such paperwork, Sheriff Apple said, and he planned to use that time to alert local prosecutors, and Mr. Cuomo's lawyers, about the complaint. What transpired instead caught the sheriff flat-footed, and plunged what was already an explosive investigation ... into unexpected chaos, raising questions about whether officials had mishandled the complaint and about the viability of a case that was already going to be difficult for prosecutors.... [Apple] acknowledged that his office had not coordinated with the county's district attorney before filing the criminal complaint.... It was still unclear on Friday whether the district attorney, David Soares, whose office said it had learned of the complaint from news reports on Thursday, was going to prosecute the charges against Mr. Cuomo. What did become clearer was the haphazard nature by which the misdemeanor charge was suddenly made public on Thursday, without the knowledge of the female aide, Brittany Commisso; Mr. Cuomo and his lawyer; and even the sheriff." ~~~

~~~ Bad Timing. Katie Glueck of the New York Times: "Letitia James, the New York attorney general who oversaw the inquiry into sexual harassment claims against former Gov. Andrew M. Cuomo that ultimately led to his resignation, declared her candidacy for governor on Friday, setting up a history-making, high-profile matchup in the Democratic primary. She begins the campaign as Gov. Kathy Hochul's most formidable challenger, and her announcement triggers a start to what may be an extraordinarily competitive primary -- a contest set to be shaped by issues of ideology, race and region in a state still battling its way out of the pandemic."

Oklahoma. Elahe Izadi of the Washington Post: "The importance of media witnesses was underscored Thursday during the Oklahoma execution of John Marion Grant, a 60-year-old man convicted of the 1998 killing of a prison cafeteria worker. The Associated Press's Sean Murphy and four other media witnesses recounted what they saw -- how Grant convulsed and vomited during the execution -- during a news conference for other journalists covering the death. It was a striking detail given the state's recent history of botched executions and use of the wrong drugs -- and it was a detail conspicuously missing from the state's first official summary, which said that Grant's execution 'was carried out in accordance with Oklahoma Department of Corrections' protocols and without complication.' The department's chief, Scott Crow, attempted to reconcile that statement with Murphy's startling account during a news conference Friday afternoon, saying that 'there were no instances of unusual behavior' other than 'regurgitation,' which is 'not uncommon when someone is undergoing the process of sedation.'"

Virginia Gubernatorial Race. Cameron Joseph of Vice: "Five people dressed like the white supremacists who caused the violent 'Unite the Right' riots in Charlottesville four years ago showed up outside of Virginia Republican gubernatorial nominee Glenn Youngkin's event in the town on Friday. But instead of actual 'Unite the Right' supporters, it turns out that it was a half-baked stunt from the Lincoln Project, a group of Republicans who oppose President Trump and Youngkin." ~~~

~~~ Philip Klein of the (right-wing) National Review: "... Terry McAuliffe ... should ... be held responsible by the standards set by his own campaign earlier in the day. After the initial photos of the fake tiki torch brigade emerged, the McAuliffe campaign pounced. One McAuliffe spokesperson, Christina Freundlich, referenced the Charlottesville Unite the Right rally, and said, 'this is who Glenn Youngkin's supporters are.'... Another McAuliffe spokesperson, Jen Goodman, claimed the image of the fake Youngkin supporters was 'disgusting and disqualifying.'... This is who Terry McAuliffe's supporters are. It is disgusting and should be disqualifying." MB: How a Democratic candidate is supposed to control Republican supporters is beyond me.

News Ledes

Look Up! Look Up! The Aurora Borealis, Coming to the Sly Near You. Washington Post: "Bright auroras may illuminate the dark skies over the northern United States this Halloween weekend.... Much of New England, the Upper Midwest and the Northern Tier may see the dancing northern lights.... On Thursday, the sun launched a major 'X-class' solar flare, sparking a high-frequency radio blackout across parts of South America. That same pulse of energy is trailed by a coronal mass ejection (CME), or a cluster of solar plasma and material surfing an interstellar shock wave. The CME, the strongest of this solar cycle so far, could slam Earth and whip up a stunning display of the northern lights. A CME from a similar position spawned beautiful auroras on Oct. 12."

Washington Post: "A run-of-the-mill fall storm system will bring some not-so-routine flooding to lengthy stretches of the Mid-Atlantic on Friday into the weekend, with moderate to major coastal flooding forcing some streets to close and businesses to shutter while threatening homes and property. The anticipated flooding could be the worst since 2003's Hurricane Isabel walloped the Mid-Atlantic in some spots, thanks to the combination of onshore flow, astronomically high 'king tides' and the gradually accrued effects of rising seas spurred by human-induced climate change"