November 10, 2021
Republicans Behaving (Very) Badly. Marianna Sotomayor, et al., of the Washington Post: "Republicans are increasingly divided over the bipartisan infrastructure bill that will soon become law, with tensions rising among GOP members over whether the party should remain united against all aspects of President Biden's agenda or strike deals in the rare instances when there is common ground... Donald Trump has led the call to trash the bill while deriding Republicans who voted for the measure, saying they should be 'ashamed of themselves' for 'helping the Democrats.'... Senate Minority Leader Mitch McConnell (R) told reporters in his home state of Kentucky that he was 'delighted' the bill will soon be signed into law, touting the improvements it would make to the state's roads and bridges.... The tensions are highest in the House where some members who voted for the bill have been the subject of heated criticism from colleagues ... and who have received menacing and threatening messages at their offices.... House Republican leaders have done nothing to come to aid of the 13 who voted for the bill.... Former Trump White House chief of staff Mark Meadows said in interview on Stephen K. Bannon's 'War Room' podcast Tuesday that all 13 members should 'absolutely' be stripped of their committee assignments by House leadership in the coming days." ~~~
~~~ Aaron Blake of the Washington Post: "There is a GOP effort afoot to strip some of their members of their House committee assignments. And no, it's not the guy [Rep. Paul Gosar] who has aligned with white nationalists and just released an anime video depicting him killing Rep. Alexandria Ocasio-Cortez (D-N.Y.); it's the 13 House Republicans who had the temerity to vote for a broadly popular, demonstrably bipartisan infrastructure bill.... Very little of the pushback is about the bill having been bad.... The prevailing idea is that this helps Democrats win elections and that's why it's bad.... By and large, it doesn't allow for the idea that, just maybe, they were voting for something they thought was a good idea or was good for their constituencies."
Paul LeBlanc of CNN: "Republican Rep. Fred Upton on Monday shared a threatening voicemail he had received after voting for the bipartisan infrastructure bill last week. In the voicemail, which Upton played during an interview with CNN's Anderson Cooper..., a caller told the Michigan Republican: 'I hope you die. I hope everybody in your f**king family dies,' while labeling him a 'f**king piece of sh*t traitor.'Upton was one of just 13 House Republicans who voted with Democrats on Friday to pass the $1.2 trillion infrastructure bill.... Upton's office said the voicemail was not an isolated incident. The calls came after GOP Rep. Marjorie Taylor Greene of Georgia tweeted the phone numbers of those who had voted for the bill and later called them traitors." (Also linked yesterday.)
Michael Shear of the New York Times: "Thirteen of ... Donald J. Trump's most senior aides -- including his son-in-law and his chief of staff -- campaigned illegally for Mr. Trump's re-election in violation of a law designed to prevent federal employees from abusing the power of their offices on behalf of candidates, a government watchdog agency said Tuesday. Henry Kerner, who heads the Office of Special Counsel, made the assertion in a withering report that followed a nearly yearlong investigation into 'myriad' violations of the law, known as the Hatch Act.... Investigators in Mr. Kerner's office said Trump administration officials purposely violated the law prohibiting political activity during the final few weeks of the administration, when they knew that the Office of Special Counsel would not have time to investigate and issue findings before Election Day.... The people accused of breaking the law are a who's who of Trump officials: Secretary of Energy Dan Brouillette; Kellyanne Conway, counselor; Alyssa Farah, White House communications director; David Friedman, ambassador to Israel; Jared Kushner, senior adviser; Kayleigh McEnany, press secretary; Mark Meadows, chief of staff; Stephen Miller, senior adviser; Brian Morgenstern, deputy press secretary; Robert C. O'Brien, national security adviser; Marc Short, chief of staff to the vice president; Secretary of State Mike Pompeo; and Acting Secretary of Homeland Security Chad Wolf. The report said that Mr. Pompeo and Mr. Wolf violated the law through their actions during the Republican National Convention, which took place at the White House because of the pandemic." ~~~
~~~ Jacqueline Alemany & Josh Dawsey of the Washington Post broke the story. ~~~
~~~ Philip Bump of the Washington Post: "The apex of [Donald Trump's] effort to leverage his position and government resources to aid his campaign was a remarkable segment that aired during the convention. In it, Trump participated in a naturalization ceremony at the White House for a group of immigrants to the United States.... 'OSC [Office of Special Counsel] repeatedly warned both DHS and the Trump White House that, because the ceremony was designed to produce content for the RNC, the proposed naturalization ceremony would violate the Hatch Act even if it was later characterized as an official event,' the report reads.... 'Though discipline is no longer possible once subjects leave government service,' it reads, 'OSC is issuing this report to fully document the violations, highlight the enforcement challenges that OSC confronted in investigating the violations, and to deter similar violations in the future.'... A prohibition that neither serves to prohibit actions nor to hold to account those who violate it is not a prohibition at all. It;s just a request, one that people like Trump are free to ignore." ~~~
~~~ Lachlan Markay of Axios: "Donald Trump and senior members of his administration turned the federal government into a sprawling, taxpayer-funded political machine in violation of U.S. law, a top watchdog says.... OSC's inability to effectively prosecute those violations -- and its reliance on the very officials who allegedly permitted those violations -- expose glaring weaknesses in federal ethics safeguards, experts say. The office says significant reforms are needed to ensure the Trump administration's conduct is 'an anomaly, not a precedent.'"
Luke Broadwater & Mark Mazzetti of the New York Times: "What unfolded at the Willard Hotel in the hours before the Capitol riot has become a prime focus of the House committee investigating the Jan. 6 attack as the panel intensifies its scrutiny into whether there was any coordination or tie between those pushing a legal strategy to overturn the election results and those who stormed the Capitol that day as Congress met to count the electoral votes to formalize Mr. Biden's victory.... On Tuesday, the committee announced 10 new subpoenas that seemed to expand the aperture of the inquiry even further, seeking information from top officials in Mr. Trump's White House including Stephen Miller, his senior adviser; Keith Kellogg, the national security adviser to Vice President Mike Pence; Johnny McEntee, the former president's personnel chief; and others. In the past two days alone, the panel has nearly doubled the number of subpoenas it has issued, bringing the total to 35. In recent weeks, the committee has hired new investigators, pored over thousands of documents and heard privately from a stream of voluntary witnesses, from rally planners and former Trump officials to the rioters themselves. They are looking at the money trail..., planning meetings..., [and] foreknowledge of violence.... But the Willard was only one hub of Trump activity before the Jan. 6 riot.... [A meeting] at the Trump International Hotel on Jan. 5 ... included about 15 people.... Among those in attendance, according to [Nebraskan Charles] Herbster, were [Michael Flynn,] Mr. Trump's sons Eric and Donald Jr.; [Rudy] Giuliani; Senator Tommy Tuberville of Alabama; the Trump advisers Peter Navarro, Corey Lewandowski and David Bossie; and Mike Lindell, the MyPillow executive and conspiracy theorist." ~~~
~~~ A CNN report is here. The Select Committee's press release is here.
Plaintiff [Trump] does not acknowledge the deference owed to the incumbent president's judgment. His position that he may override the express will of the executive branch appears to be premised on the notion that his executive power 'exists in perpetuity.'... But presidents are not kings, and plaintiff is not president. -- Judge Tanya Chutkan, decision denying Donald Trump's petition to grant him executive privilege ~~~
~~~ Charlie Savage of the New York Times: "A federal judge on Tuesday night rejected a bid by ... Donald J. Trump to keep secret papers about his actions and conversations leading up to and during the Jan. 6 attack on the Capitol by his supporters. In a 39-page ruling, Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia held that Congress's constitutional oversight powers to obtain the information prevailed over Mr. Trump's residual secrecy powers -- especially because the incumbent, President Biden, agreed that lawmakers investigating the Jan. 6 riot should see the files." ~~~
~~~ Nomaan Merchant of the AP: "Barring a court order, the National Archives plans to turn over Trump's records to the committee by Friday. But Trump's lawyers swiftly promised an appeal to the U.S. Court of Appeals for the District of Columbia Circuit. The case will likely eventually head to the U.S. Supreme Court." ~~~
~~~ Lauence Tribe on AG Merrick Garland's failure to act on bringing charges against Steve Bannon for contempt of Congress by his refusal to honor a Congressional subpoena:
Rebecca Shabad of NBC News: "A federal judge on Monday shot down a request from ... Donald Trump to prevent the National Archives from releasing documents requested by the House select committee investigating the Jan. 6 attack on the Capitol. Trump filed a lawsuit last month to block the records but that case is still ongoing. Trump filed an emergency motion late Monday, asking Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia to grant a stay in the case pending appeal or an administrative injunction. Chutkan, however, quickly denied the request on Tuesday, calling the move 'premature.'" (Also linked yesterday.)
Jan Hoffman of the New York Times: "Oklahoma's highest court on Tuesday threw out a 2019 ruling that required Johnson & Johnson to pay the state $465 million for its role in the opioid epidemic. It was the second time this month that a court has invalidated a key legal strategy used by plaintiffs in thousands of cases attempting to hold the pharmaceutical industry responsible for the crisis. The Oklahoma Supreme Court, 5-1, rejected the state's argument that the company violated 'public nuisance' laws by aggressively overstating the benefits of its prescription opioid painkillers and downplaying the dangers. The ruling, along with a similar opinion by a California state judge on Nov. 1, could be a harbinger that plaintiffs' hopes for favorable resolution in courts nationwide against opioid manufacturers, distributors and retailers will be dashed."
David Zucchino of the New York Times: "More than 140 Afghan Air Force pilots and crew members detained in Tajikistan since mid-August after fleeing Afghanistan were flown out of the country Tuesday with the help of the American authorities, according to a retired U.S. Air Force officer who leads a volunteer group that has assisted the Afghans. The flight, bound for the United Arab Emirates, ended a three-month ordeal for the U.S.-trained military personnel, who had flown American-supplied aircraft to Tajikistan to escape the Taliban only to end up in custody.... In WhatsApp audio recordings made on smuggled cellphones, the English-speaking pilots described poor conditions, insufficient food rations and limited medical care at the site where they were being held outside the capital, Dushanbe."
Brad Plumer & Hiroko Tabuchi of the New York Times: "At least six major automakers -- including Ford, Mercedes-Benz, General Motors and Volvo -- and 31 national governments pledged on Wednesday to work toward phasing out sales of new gasoline and diesel-powered vehicles by 2040 worldwide, and by 2035 in 'leading markets.' But some of the world's biggest car manufacturers, including Toyota, Volkswagen, and the Nissan-Renault alliance did not join the pledge, which is not legally binding. And the governments of the United States, China and Japan, three of the largest car markets, also abstained. The announcement, made during international climate talks [in Glasgow], was hailed by climate advocates as yet another sign that the days of the internal combustion engine could soon be numbered."
Karla Adam & Harry Stevens of the Washington Post: "The largest delegation at the COP26 climate summit does not belong to the United States, which is trying hard to reinstate itself as a climate leader, or to the United Kingdom, the host nation that pulled out the stops by adding Prince William and David Attenborough to its list of delegates. The prize for largest delegation went to the fossil fuel industry, which, as a whole, sent more delegates than any single country, according to the advocacy group Global Witness. Climate activist Greta Thunberg ... tweeted, 'I don't know about you, but I sure am not comfortable with having some of the world's biggest villains influencing & dictating the fate of the world.'" (Also linked yesterday.)
Fredrick Kunkle of the Washington Post: "Thousands of people joined a solemn procession at Arlington National Cemetery on Tuesday, following a path trod for decades by only the Old Guard, to lay flowers and pay respect to the nation's military dead at the Tomb of the Unknowns in honor of its centennial. The line moved at a steady pace and the row of flowers -- the stems arrayed side by side, along with slips of paper and small U.S. flags -- rose steadily higher as a uniformed sentinel of the 3rd U.S. Infantry Regiment, known as the Old Guard, kept precise, ritualistic vigil on the eastern side of the massive stone crypt overlooking the cemetery and the nation's capital. The event -- which continues Wednesday from 9 a.m. to 4 p.m. and is open to members of the public who must register to attend -- was one of several to commemorate the establishment of the tomb 100 years ago."
Katharine Seelye of the New York Times: "Max Cleland, who lost both legs and an arm during the Vietnam War and who became a Senator from Georgia, only to lose his seat after Republicans impugned his patriotism, died on Tuesday at his home in Atlanta. He was 79. The cause was congestive heart failure, said ... a close friend. After a grenade accident in Vietnam in 1968, Mr. Cleland spent 18 months recuperating. He served in local politics in his native Georgia and as head of the federal Veterans Administration, now the Department of Veterans Affairs, before he was elected in 1996 to the U.S. Senate. But it was his treatment at the hands of Republicans while he was seeking re-election in 2002 that made him a Democratic cause célèbre. Running for another term just a year after the terrorist attacks of Sept. 11, 2001, he was the target of an infamous 30-second television spot that showed images of Osama bin Laden and Saddam Hussein while it questioned Mr. Cleland's commitment to homeland security and implied that he was soft on the war on terror.... Even prominent Republicans, including Senators John McCain and Chuck Hagel, both Vietnam veterans, were outraged." (Also linked yesterday.)
The Pandemic, Ctd.
The New York Times' live updates of Covid-19 developments Wednesday are here. The Washington Post's live Covid-19 updates for Wednesday are here.
Sheryl Stolberg & Rebecca Robbins of the New York Times: "Moderna and the National Institutes of Health are in a bitter dispute over who deserves credit for inventing the central component of the company's powerful coronavirus vaccine, a conflict that has broad implications for the vaccine's long-term distribution and billions of dollars in future profits. The vaccine grew out of a four-year collaboration between Moderna and the N.I.H., the government's biomedical research agency -- a partnership that was widely hailed when the shot was found to be highly effective.... The agency says three scientists at its Vaccine Research Center ... worked with Moderna scientists to design the genetic sequence that prompts the vaccine to produce an immune response, and should be named on the 'principal patent application.' Moderna disagrees. In a July filing with the United States Patent and Trademark Office, the company said it had 'reached the good-faith determination that these individuals did not co-invent' the component in question. Its application for the patent, which has not yet been issued, names several of its own employees as the sole inventors.... If the two sides do not come to terms by the time a patent is issued, the government will have to decide whether to go to court...."
Mark Maske of the Washington Post: "The NFL imposed fines Tuesday on quarterback Aaron Rodgers and the Green Bay Packers for violations of the league's coronavirus protocols. That came hours after Rodgers said in a broadcast interview that he stands by the comments he made last week about his vaccination status but he also takes 'full responsibility' for misleading statements he made previously about being unvaccinated. The league fined the Packers $300,000. Rodgers and a teammate, wide receiver Allen Lazard, were fined $14,650 each for violating the protocols for unvaccinated players. The findings of the review conducted by the league and the NFL Players Association as well as the fines were confirmed by NFL spokesman Brian McCarthy. Rodgers was not suspended, and the Packers said they accepted the penalties." ~~~
~~~ Marie: The Packers pay Rodgers millions of dollars a year, plus I assume State Farm throws many more millions his way. He won't even notice a $300K fine. And, sadly, he doesn't seem to have learned a thing from actions & comments that brought him to the attention of even football know-nothings like me. He's one of those colossal jerks who gets to laugh all the way to the bank.
The New York Times' live updates of Covid-19 developments Tuesday are here: "Pfizer and BioNTech are expected on Tuesday to ask federal regulators to expand authorization of its coronavirus booster shot to include all adults.... The Food and Drug Administration is considered likely to grant the request, perhaps before Thanksgiving." (Also linked yesterday.) ~~~
~~~ The Washington Post's live Covid-19 updates for Tuesday are here: "A federal court has ruled that United Airlines can put employees who are unvaccinated against the coronavirus on unpaid leave, even if the workers had received medical or religious exemptions from the company, according to Leslie Scott, a spokeswoman for the carrier. The Monday ruling allows the airline to proceed with enforcing the mandate, which doesn't allow unvaccinated employees to submit to regular testing in lieu of getting vaccinated. About 2,000 workers have received medical or religious exemptions, Scott said. They will be offered non-customer-facing roles, and those who don't accept will be put on leave, she said." (Also linked yesterday.)
Beyond the Beltway
Hannah Natanson of the Washington Post: There is "a wave of anger against elected and appointed school officials, including superintendents, that is cresting nationwide. Parents upset over things including mask mandates in schools, as well as officials' efforts to introduce more diverse curriculums and bias trainings for teachers, have taken over school board meetings, shouting abuse, making threats and demanding resignations.... The hottest conflict over education has arguably come in Loudoun [County, Va.,], a majority White, politically divided and wealthy suburb just outside D.C. Intense coverage from conservative media has converted Loudoun into the face of the nation's culture wars."
California. Marie: The "Where's Gavin?" story has been popping up around the Internets -- mostly on right-wing outlets -- for several days. Now it has made the New York Times, so I suppose it's worth linking.
California. Julian Mark of the Washington Post: "According to a lawsuit [Daphna & Alexander] Cardinale filed Monday, the fertility clinic that facilitated [Daphna's] in vitro pregnancy, the California Center for Reproductive Health, implanted another couple's embryo into Daphna. Their own embryo, the Cardinales learned, was implanted into the mother of the child to whom Daphna gave birth. In other words, the Cardinales allege, the fertility clinic mixed up the embryos -- a mistake that forced the couples to trade their babies after months of raising them.... The couple is suing the clinic and its owner, obstetrician Eliran Mor, for monetary damages. Their claims against Mor and his company include breach of contract, medical malpractice and infliction of emotional distress on the couple."
New Hampshire. John Wagner of the Washington Post: "New Hampshire Gov. Chris Sununu (R) announced Tuesday that he would seek reelection to a fourth term, rebuffing overtures from GOP leaders in Washington, who have urged him to seek a U.S. Senate seat and help the party retake control of the chamber. Senate Minority Leader Mitch McConnell (R-Ky.), among others, had sought to persuade Sununu to challenge Sen. Maggie Hassan (D) in a state that represents one of the Republican Party's best chances for a pickup next year." CNN's story is here. (Also linked yesterday.)
Oklahoma. Timothy Bella of the Washington Post: "Two former Oklahoma police officers were convicted of murder for using their Tasers more than 50 times on an unarmed man who died in 2019, court records show. Brandon Dingman, 35, and Joshua Taylor, 27, were convicted of second-degree murder Friday in the death of Jared Lakey, 28, with the court ruling that the officers' repeated use of their Tasers on the man in July 2019 was 'dangerous and unnecessary.' Dingman and Taylor's use of their Tasers played a 'substantial factor' in Lakey's death, according to court records, and 'greatly exceeded what would have been necessary or warranted by the attendant circumstances.'"