January 27, 2022
Late Morning/Afternoon Update:
"Now We Are Engaged in a Great Civil War." President Biden & Justice Breyer addressed the public early this afternoon: ~~~
~~~ The New York Times is liveblogging developments here: "In his letter to President Biden, Justice Breyer said he would leave at the end of the Supreme Court's current term, in late June or early July, 'assuming that by then my successor has been nominated and confirmed.' This is a hybrid model: Most retiring justices step down either at a set time or on the confirmation of their successor." The letter is reproduced in the item. Here's the letter (pdf) via the Court. ~~~
~~~ Nick Niedzwiadek of Politico: President "Biden said Thursday that he intends to nominate [Justice] Breyer's replacement by the end of February. But he spent the bulk of his remarks lauding the retiring justice for his 'practical, sensible and nuanced' judicial record." ~~~
~~~ Marie: At the end of remarks, after Justice Breyer had spent some time discussing the importance of part of Lincoln's Gettysburg Address, President Biden invited the Breyers to spend the night in the Lincoln Bedroom, where there is a copy of the Gettysburg address, written in Lincoln's hand.
Whoever She May Be, She's Part of the "Radical Left." Michael Scherer & Seung Min Kim of the Washington Post: "Justice Stephen G. Breyer's planned retirement set up a new election-year challenge as the deadlocked 50-50 Senate confronts a heated Supreme Court confirmation fight focused on some of the most contentious issues in the nation's ongoing cultural divide.... Conservative voters have traditionally prioritized court politics far more than Democrats at the ballot box.... Republicans on Wednesday responded with efforts to mobilize their core voters in response..., and preemptively cast the yet-unnamed nominee to replace Breyer as a radical." MB: Mitch McConnell probably thinks Attila the Hun was a member of the radical left.
~~~ Linda Greenhouse of the New York Times: "Two misfortunes have befallen Stephen G. Breyer during his long Supreme Court career. One, which became apparent about halfway through his nearly 28-year tenure, was that it was his fate to be the quintessential Enlightenment man in an increasingly unenlightened era at the court. The second happened during this past year: the demand from the left that he step down and open his seat for President Biden to fill. Justice Breyer's belief in the power of facts, evidence and expertise was out of step in a postfactual age."
Talmon Smith of the New Yoirk Times: "Continuing to rebound from the shocks of the pandemic, the nation’s economy expanded by 1.7 percent in the final three months of 2021, the Commerce Department announced Thursday. The figure, which was adjusted for inflation, reflects the growth in gross domestic product -- the broadest measure of the goods and services produced. On an annualized basis, the increase for the quarter was 6.9 percent. For the full year, the economic expansion was 5.7 percent, the biggest since 1984 -- an impressive feat, though one that also reflects the depth of the damage inflicted by the coronavirus the year before." CNBC's report is here.
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** Adam Liptak of the New York Times: "Justice Stephen G. Breyer, the senior member of the Supreme Court's three-member liberal wing and a persistent if often frustrated advocate of consensus as the court moved sharply to the right, will retire upon the confirmation of his successor, people familiar with the decision said, providing President Biden a chance to fulfill his pledge to nominate a Black woman. Mr. Biden is expected to formally announce the retirement at the White House on Thursday, but the partisan machinery that has built up in recent decades around Supreme Court confirmations was already swinging into action on Wednesday as word of Justice Breyer's decision raced through Washington." ~~~
~~~ The Times' liveblog of Justice Breyer's retirement plans is here. (Also linked yesterday afternoon.) The Washington Post report, by Robert Barnes, is here. The Post has a liveblog here. The NBC News story, by Pete Williams -- who broke the news -- is here. NPR's report, by Nina Totenberg, is here. (All also linked yesterday afternoon.)
Mike Memoli & Carol Lee of NBC News: "Though the White House and Biden himself withheld comment about the looming vacancy until Justice Stephen Breyer formally announces his retirement, a senior White House official told NBC News that internal preparations are now ramping up for what could be a quick selection process. Biden, who learned of Breyer's impending retirement in the middle of last week, is expected to put forward a nominee relatively quickly...."
~~~ Colleen Long, et al., of the AP: "President Joe Biden is eyeing at least three judges for an expected vacancy on the Supreme Court as he prepares to quickly deliver on his campaign pledge to nominate the first Black woman to the nation's highest court, according to aides and allies. With Justice Stephen Breyer planning to retire, early discussions about a successor are focusing on U.S. Circuit Judge Ketanji Brown Jackson, U.S. District Judge J. Michelle Childs and California Supreme Court Justice Leondra Kruger, according to four people familiar with the matter.... Since Biden took office in January 2021, he has focused on nominating a diverse group of judges to the federal bench, installing five Black women on federal appeals courts, with three more nominations pending before the Senate. Other possible candidates for the high court could come from among that group, Biden aides and allies said, especially since almost all of the recent Supreme Court nominees have been federal appeals judges." ~~~
~~~ Tom Goldstein of ScotusBlog: "... we now kick off our analysis of potential nominees to replace him. President Joe Biden previously promised to nominate a Black woman, and we assume he will keep that commitment. Two potential nominees therefore stand apart from all others: Leondra Kruger, a justice on the California Supreme Court, and Ketanji Brown Jackson, a judge on the U.S. Court of Appeals for the District of Columbia Circuit."
Carl Hulse of the New York Times: "Democrats could confirm a successor to Justice Stephen G. Breyer without any Republican support under Senate rules that shield a Supreme Court nomination from a filibuster, but would have to hold their bare majority together to do so. The announcement of Justice Breyer's imminent retirement on Wednesday set off a sprint by top Democrats to prepare for a coming confirmation fight over President Biden's nominee to succeed him. It also prompted a collective sigh of relief from the party and its progressive allies, who had worried that a Senate takeover by Republicans in the coming midterm elections could block the president from filling any vacancies." (Also linked yesterday afternoon.) ~~~
~~~ Clare Foran & Manu Raju of CNN: "Senate Majority Leader Chuck Schumer is looking at a quick time frame to confirm President Joe Biden's nominee to the Supreme Court -- and he will follow a similar timeline that Republicans employed to confirm Amy Coney Barrett to the court in 2020, according to a source familiar with his thinking. Senate sources also say that the Senate can act on the Biden nominee before Justice Stephen Breyer officially steps down from the court.... The late Justice Ruth Bader Ginsburg died on September 18, 2020 -- and Barrett was nominated on September 26, 2020. She was confirmed October 26, 2020 -- just days before the election, prompting Democratic anger. Senate Democrats are confident that whomever Biden picks to replace Breyer, the nominee will receive enough votes to get confirmed, according to senior Democratic sources." ~~~
~~~ Steve M. already is wondering how nasty Republicans & their allies will be to Biden's eventual nominee. MB: I can guarantee they are already thinking up payback for how nasty they believe Democrats were to (alleged Rape Boy Bart O'Kavanaugh). Because it's wrong to interrogate a Republican who may have serially molested young women back in the day & then lied about it under oath for everyone to see.
Robyn Dixon & Rachel Pannett of the Washington Post: “A top Russian official warned Thursday that international tensions would be 'seriously complicated' if the United States and NATO did not meet the Kremlin's demand to bar Ukraine from joining the alliance, amid intensifying fears of a new Russian attack on its neighbor. Former Russian president Dmitry Medvedev, now deputy chair of the Russian Security Council, said no one was looking for war but that 'we have practically exhausted the limits of retreat,' referring to NATO's expansion into Eastern Europe from 1997. 'They are now encroaching on our state borders.' Senior Russian officials have not yet commented on written proposals by Washington and NATO, delivered late Wednesday, that spelled out their response to Moscow's sweeping demands, including its ultimatum that the Western military alliance withdraw forces and equipment from former Soviet and Warsaw Pact countries."
Pro-Russia/Anti-America. Jonathan Weisman of the New York Times: "As President Biden tries to forge a united allied response to Russian aggression in Ukraine, unity on the home front is strained by a Republican Party torn between traditional hawks in the leadership and a wing still loyal to Donald J. Trump's isolationist instincts and pro-Russian sentiment.... Driven by a steady diet of pro-Russian or anti-interventionist rhetoric from the Fox News host Tucker Carlson, the Republican right has become increasingly vocal in undercutting not only U.S. foreign policy but also the positions of the party's leaders. The Republican representatives Matt Rosendale of Montana, Lauren Boebert of Colorado, Paul Gosar of Arizona, Thomas Massie of Kentucky, Marjorie Taylor Greene of Georgia; the Ohio Senate candidate J.D. Vance; and Donald Trump Jr. have weighed in to oppose confronting Russia or to suggest nefarious intentions on Mr. Biden's part.... Most Republicans are willing to disown [the far-right's pro-Russia view] only in private."
Robyn Dixon, et al., of the Washington Post: "The United States on Wednesday delivered written responses to Russia's demands for security guarantees over NATO expansion and activities in Eastern Europe, as senior government representatives of France, Germany, Russia and Ukraine met in Paris in a bid to revive the stalled Ukraine peace process. The responses, which the U.S. ambassador to Russia sent to Russia's Ministry of Foreign Affairs, 'sets out a serious diplomatic path forward, should Russia choose it,' Secretary of State Antony Blinken told reporters. The document also lays out concerns 'about Russia's actions that undermine our security' and it offers 'our own proposals for areas where we may be able to find common ground,' he added." (Also linked yesterday afternoon.)
Jeanna Smialek of the New York Times: "Federal Reserve officials signaled on Wednesday that they were on track to raise interest rates in March, given that inflation has been running far above policymakers' target and that labor market data suggests employees are in short supply. Central bankers left rates unchanged at near-zero -- where they have been set since March 2020 -- but the statement after their two-day policy meeting laid the groundwork for higher borrowing costs 'soon.' Jerome H. Powell, the Fed chair, said officials no longer thought America's rapidly healing economy needed so much support, and he confirmed that a rate increase was likely at the central bank's next meeting."
Finally! Darryl Fears of the Washington Post: "Two months after touring 'environmental justice' communities in three southern states, Environmental Protection Agency Administrator Michael Regan on Wednesday announced bold steps to address complaints from residents about tainted drinking water, chemical plants near homes and a school, and breathing toxic air. Regan said the agency will spend $600,000 to buy 'mobile air pollution monitoring equipment' to deploy along an 80-mile stretch of Louisiana along the Mississippi River known as 'Cancer Alley' for the many chemical plants, oil and gas refineries, and other industrial facilities located there.... The EPA is spearheading the Biden administration's push to place environmental justice at the center of the president's climate agenda and to undo burdens placed on Black, Latino, Indigenous and poor communities across the United States.... The program combines high-tech air pollution monitoring and 'boots-on-the-ground inspectors' to enforce pollution regulation in communities."
Dino Grandoni of the Washington Post: "The Biden administration has canceled two leases near Minnesota's Boundary Waters Canoe Area Wilderness -- a remote, lake-pocked region at the center of a blistering fight over whether to mine near one of the nation's most popular wilderness destinations. On Wednesday, the Interior Department said it found that the leases to extract copper, nickel and other valuable hardrock minerals in northern Minnesota were improperly renewed under Donald Trump. The Biden administration's decision will help protect the hundreds of lakes, streams and wetlands in the 1.1 million-acre wilderness area hugging the Canadian border from the potential toxic leaching from mining."
Courtney Kube, et al., of NBC News: "The first chartered flight in months evacuating Americans from Afghanistan has left Kabul airport for Qatar.... The passengers on the Qatar Airways charter include more than 30 Americans.... The chartered flight, run by the Qatari Ministry of Foreign Affairs and paid for by the U.S. State Department, is the first to leave Kabul since November." The Taliban had banned the flights, but the article doesn't address what, if anything, has changed to cause them to allow this flight.
** Colby Itkowitz & Harry Stevens of the Washington Post: "New congressional maps are completed in more than half the country, and so far Democrats have been spared the redistricting losses they endured a decade ago.... [That's because] the extreme gerrymandering of a decade ago maximized Republican seats so much that it gave Republicans fewer options to draw themselves new seats this time.... But advocates for voting rights say that raw political calculation overshadows another reality -- how map drawers have manipulated the lines mostly at the expense of minorities. Across the country, the White population has shrunk over the past decade as minority communities have swelled, according to the 2020 Census. Yet, the rapid growth of Latinos and Blacks is not reflected in any of the new maps passed so far, except California's, which added five seats where Latinos make up the majority of adults. Black-majority districts decreased by five seats while majority-White districts grew by eight seats, according to a Washington Post analysis looking at the 28 states that have completed congressional maps.... Judges have intervened in two states [-- Ohio & Alabama --] where Republican state legislators were accused by voting rights advocates of disenfranchising Black voters." Emphasis added. (Also linked yesterday afternoon.)
Ryan Nobles, et al., of CNN: "Ben Williamson, a top aide to former White House Chief of Staff Mark Meadows, met on Tuesday with the House select committee investigating the January 6 insurrection.... Williamson was in the West Wing of the White House while the attack on the US Capitol was underway.... His cooperation with the committee is significant, given that his boss, Meadows, is currently facing possible criminal contempt of Congress charges because of his lack of cooperation with the committee." MB: I'm thinking a top aide to the chief of staff would know quite a lot about what-all was going on. (Also linked yesterday afternoon.)
Josh Gerstein & Kyle Cheney of Politico: "A federal magistrate judge has rejected a bid for pretrial release by the founder of a right-wing militia group facing the rare charge of seditious conspiracy for allegedly orchestrating an attack on the Capitol during the certification of the presidential election results last January. The ruling Wednesday means Oath Keepers leader Stewart Rhodes, 56, will remain in custody as his lawyers appeal to a federal judge in Washington overseeing the case against Rhodes and 10 other members of his group."
Another of Matt Gaetz's Very Fine Friends May Be Turning on Him. Steph Bazzle of the Hill Reporter: "... another associate and friend [of Rep. Matt Gaetz (R-Fla.)] just pled guilty.... According to the Daily Beast, Joe Ellicot, known as a radio 'shock jock,' has pleaded guilty to fraud regarding 'bribes and kickbacks' to a public official, as well as to illegally selling Adderall. The public official in question is said to be Joel Greenberg -- that's right, the same Gaetz associate who pled guilty months ago [to "sex trafficking of a child, production of false identification, aggravated identity theft, wire fraud, stalking and conspiracy to commit an offense against the United States,"] and agreed to cooperate with further investigations.... Text messages circulated last year in which Ellicott seemed to refer to the sex-trafficking allegations. Now, his attorney, Joe Zwick, says that Ellicot is specifically helping investigators with Gaetz' case, and will have a hearing to enter a plea deal in February." (Also linked yesterday afternoon.) ~~~
~~~ Sex, Drugs & a Witness. Matt Zapotosky of the Washington Post: "Justice Department investigators have reached a cooperation agreement with a man whose attorney says he witnessed Rep. Matt Gaetz (R-Fla.) attend parties involving 'a whole lot' of sex and drug use -- another potential boon to the sprawling and slow-moving sex trafficking investigation into the congressman.... '[Joseph Ellicott] observed a lot of behavior that, if anybody saw it, would not think that it was the behavior you would expect from a U.S. congressman,' [Joe] Zwick, [Ellicott's lawyer,] said."
Elizabeth Dwoskin of the Washington Post: "Prominent figures known for spreading misinformation ... have flocked to Substack, podcasting platforms and a growing number of right-wing social media networks over the past year after getting kicked off or restricted on Facebook, Twitter and YouTube.... Social networks use algorithms to spread content -- sometimes misinformation -- to users who don't want to see it. Newsletters and podcasts don't. These newer platforms cater to subscribers who seek out specific content that accommodates their viewpoints -- potentially making the services less responsible for spreading harmful views, some misinformation experts say.... Readers pay per month to subscribe to a certain author, and the author keeps 90 percent of the revenue, while Substack takes 10 percent.... Substack earns at least $2.5 million a year from just five anti-vaccine leaders who have amassed tens of thousands of subscribers, each paying $50 a month."
Maxine Joselow of the Washington Post: "Gas-burning stoves in kitchens across America may pose a greater risk to the planet and public health than previously thought, new research suggests. The appliances release far more of the potent planet-warming gas methane than the Environmental Protection Agency estimates, Stanford University scientists found in a study published Thursday in the journal Environmental Science and Technology. The appliances also emit significant amounts of nitrogen dioxide, a pollutant that can trigger asthma and other respiratory conditions.... The findings come as scientists and climate activists have increasingly urged homeowners to switch to all-electric stoves, water boilers and other appliances...."
The Pandemic, Ctd.
The New York Times' live updates of Covid-19 developments Thursday are here. The Washington Post's live Covid-19 updates for Thursday are here.
Tucker's "Most Dishonest & Dangerous Segment" Yet. Philip Bump of the Washington Post: "Tucker Carlson and Alex Berenson ... together, they have formed a Jack-Spratian marriage of leading Fox News viewers astray.... [On Tuesday, Berenson told Carlson,] 'The mRNA covid vaccines need to be withdrawn from the market now. No one should get them. No one should get boosted. No one should get double-boosted. They are a dangerous and ineffective product at this point against omicron,' the most prevalent variant in the United States.... Berenson's career is now largely predicated on precisely this sort of denialism.... Berenson and those like him are simply leveraging this impulse for attention and money." MB: Tucker, too. Not to mention Fox "News" & all the cable companies that carry it. These are mercenaries, killing people for money & laughing all the way to the bank. Capitalism is awesome. ~~~
~~~ Marie: The viewers are the real marvels here. It is amazing to behold people who are willing to bet their lives -- and the lives of their loved ones -- on the existence of a global conspiracy to entice them with false assertions into getting shots & taking other safety precautions. After all, it isn't just Biden and members of his administration who are "lying" to us. Government officials throughout the world have joined the conspiracy. Infectious disease experts everywhere -- most of whom are not directly affiliated with any government entity -- are telling the same "lies." Scientists. Your doctor. Your pharmacist. How do Tucker's viewers hold onto the belief that tens of thousands of people are conspiring together, yet in more than two years, none of them has squealed?
Ben Sisario of the New York Times: "Spotify confirmed on Wednesday that it has begun removing [Neil] Young's music from the streaming service, two days after the star briefly posted a public letter calling on Spotify to choose between him and Joe Rogan, the star podcast host who has been accused of spreading misinformation about the coronavirus and vaccines. Young's challenge to Spotify has become a high-profile, if unexpected, flashpoint in the battle over misinformation and free speech online. It also raised questions about the power of performing artists to control where their work is heard. In a second statement that was posted to his website on Wednesday, Young called Spotify 'the home of life threatening Covid misinformation.' He added: 'Lies being sold for money.'" The Guardian has a story here.
Basta, Bongino. Daisuke Wakabayashi of the New York Times: "YouTube said on Wednesday that it had terminated accounts associated with Dan Bongino, a popular right-wing radio and Fox News host, nearly two weeks after it first suspended his channel for violating its Covid-19 misinformation policy. A former New York City police officer and Secret Service agent turned pundit, Mr. Bongino is a vocal critic of vaccine mandates. His posts are consistently among the most read on Facebook.... YouTube said one of Mr. Bongino's accounts had been issued a weeklong suspension on Jan. 14 after he posted a video saying cloth and surgical masks were useless.... Last Thursday, before the seven-day suspension had elapsed, a second account associated with Mr. Bongino posted another video that repeated his claim about the efficacy of masks. This again violated the misinformation policy and broke Google's terms of service for trying to circumvent the original suspension by posting content on a separate channel. After Mr. Bongino posted another video on Tuesday -- while his second suspension was still active -- YouTube decided to remove both of his channels permanently for trying to skirt the company's rules."
Meghan McCain gets a serious case of Covid, & blames President Biden for her depression in a Daily Mail op-ed. She also blames him for the lack of test kits, and I tend to agree with her that the Biden administration dropped the ball on test kits because there was some warming that Omicron was coming & a lot of people were going to get sick. However, she knew darned well she had Covid, so a test kit was a bit superfluous. Besides, it doesn't hurt that a white lady just found out what it's like to live in a Black shopping desert. (Also linked yesterday afternoon.)
Virginia. Hannah Natanson of the Washington Post: "About a week after announcing his executive order making masks optional in schools throughout Virginia, Gov. Glenn Youngkin (R) said on a radio show that school districts statewide had rushed to comply. 'The reality is it's about 25 out of our 130 school systems across Virginia who aren't recognizing the rights of parents today,' Youngkin told conservative host John Fredericks on Monday.... But a Washington Post analysis shows that the majority of Virginia public school districts -- enrolling more than two-thirds of the state's students -- have opted to disobey Youngkin's mask-optional order. As of Wednesday, two days after the order was supposed to take effect, 69 districts, or 53 percent, are still requiring masks for all students inside schools. Cumulatively, those districts enroll 846,483 students, or about 67 percent of the state's public school student population...: Almost every district that opted to make masks optional is in a locality that voted for Youngkin in the 2021 gubernatorial election." ~~~
~~~ Marie: So Youngkin is a liar, too. Quelle surprise.
Beyond the Beltway
California. Cheri Mossburg & Amir Vera of CNN: "The San Jose, California, city council voted Tuesday night to adopt a first-in-the-nation ordinance requiring most gun owners to pay a fee and carry liability insurance, measures aimed at reducing the risk of gun harm by incentivizing safer behavior and easing taxpayers of the financial burden of gun violence." The New York Times story is here.
Texas. Alexa Ura of the Texas Tribune: "In a sworn declaration submitted as part of an ongoing federal court challenge, a senior Republican state senator with redistricting experience said he believes his party violated federal voting laws when it drew new boundaries for state Senate District 10 in the Fort Worth area. 'Having participated in the 2011 and 2013 Senate Select Redistricting Committee proceedings, and having read the prior federal court decision regarding SD10, it was obvious to me that the renewed effort to dismantle SD 10 violated the Voting Rights Act and the U.S. Constitution,' state Sen. Kel Seliger said in a declaration signed in November.... A group of plaintiffs -- including state Sen. Beverly Powell, D-Burleson, who represents the current SD-10 -- is asking the federal judges to throw out the new district ahead of the March primaries."
Texas. CBS Dallas/Fort Worth: "The man who sold Malik Faisal Akram the gun he used to kidnap hostages in a Colleyville synagogue earlier this month was charged Tuesday, Jan. 25 via criminal complaint with being a felon in possession of a firearm. Henry 'Michael' Williams, 32, made his initial appearance before U.S. Magistrate Judge Renée H. Toliver on Jan. 26. A detention hearing was set for Monday, Jan. 31. '... As a convicted felon, Mr. Williams was prohibited from carrying, acquiring, or selling firearms. Whether or not he knew of his buyer's nefarious intent is largely irrelevant -- felons cannot have guns, period, and the Justice Department is committed to prosecuting those who do,' said U.S. Attorney Chad E. Meacham." The New York Times story is here.
Way Beyond
Russia: A New & Improved Russian Military. Paul Sonne, et al., of the Washington Post: "If the worst of scenarios materializes, Kyiv could soon confront the full power of a Russian military that has changed markedly, even in the eight years since Moscow annexed Crimea from Ukraine and started a separatist war in the country's east. These days, the Russian force is steeled with recent combat experience in Syria, modernized equipment, improved coordination and management, and a more sophisticated ability to strike targets from the air and from afar, according to military analysts. It also has reorganized its units specifically to prosecute a possible new war in Ukraine and rehearsed scenarios that U.S. officials now fear could become real, all while cultivating an industry of private military contractors."
Ukraine. Not Exactly Archduke Ferdinand. But. New York Times Live Updates: "A national guard soldier in Ukraine opened fire on Thursday at a missile and rocket factory in the eastern part of the country, killing five people, the police said. While details of the shooting were scarce and there was no immediate sign that it was related to the military buildup in the region, it underscored the dangers of the moment as fears of a Russian attack on Ukraine grow by the day."