January 16, 2022

Afternoon Update:

Courtney Kube & Leigh Ann Caldwell of NBC News: "Christopher Miller, who was acting secretary of defense during the Jan. 6 riot, met Friday with members of the House committee investigating the origins of the attack on the Capitol, a source familiar with the panel's activities told NBC News.... The former Pentagon chief has provided conflicting testimony to Congress in the past, at one time saying that ... Donald Trump had 'encouraged the protesters' with his remarks on Jan. 6 and then later saying he believed an 'organized conspiracy' played a role in the Capitol attack." MB: That's not necessary conflicting: Trump seems to have headed up the "organized conspiracy."

Waiting for Garland. In Vain. Matt Zapotosky, et al., of the Washington Post: "... so far the [Justice D]epartment does not appear to be directly investigating the person whose desperate bid to stay in office motivated the [Jan. 6 attack] -- ... Donald Trump -- either for potentially inciting a riot or for what some observers see as a related pressure campaign to overturn the results of the election. The House select committee on Jan. 6 is investigating both matters..., and has aggressively pursued information about Trump and those closest to him. But FBI agents have not, for example, sought to interview or gather materials from some of Trump's most loyal lieutenants about their strategy sessions at the Willard hotel on how to overturn the results of the 2020 election, according to participants in those meetings.... The department has not reached out to the Georgia secretary of state's office about Trump urging its leader to 'find' enough votes to reverse his defeat.... The Trump campaign has not received requests for documents or interviews from the FBI or Justice Department related to Jan. 6 or the effort to overturn the election results, and federal prosecutors have not sought to interview those with knowledge of Trump's consideration of a plan to install an attorney general more amenable to his unfounded claims of massive voter fraud.... The Justice Department inspector general is investigating the aborted plan and could ultimately ask prosecutors to consider whether crimes were committed." ~~~

     ~~~ Marie: "So far"? If DOJ has done zip a year after the fact, the department obviously plans to do nothing, ever. There seems to be a longstanding, high-level DOJ pact that recognizes an "Article I Pass," where presidents never get charged with anything. The only time that agreement might have broken was in the case of Richard Nixon, who abused the DOJ itself when he essentially forced AG Elliot Richardson to resign. That could explain Gerald Ford's preemptive pardon of Nixon. ~~~

     ~~~ Or Maybe Not. Marcy Wheeler: "... apparently none of the four WaPo journalists [bylined above] are familiar enough with the investigation to know where to look to test their questions about whether DOJ is investigating Trump. But I guess it's a good thing that WaPo relied on the expertise of their embedded Mar-A-Lago journalist (!!!) for these issues. Nevertheless, WaPo does break news in the thirtieth paragraph of the story. It reveals that Rob Jenkins, a lawyer representing a bunch of militia defendants, keeps getting asked about Roger Stone and Rudy Giuliani's ties to militia members.... For some reason, the WaPo decided to bury the fact that prosecutors are pursuing this angle (even while claiming -- Rudy’s phones notwithstanding -- that prosecutors are not investigating what went down at the Willard), in paragraph 30." Thanks to unwashed for the link. ~~~

     ~~~ Marie: Still, Roger & Rudy are a couple of stock comic characters, & neither had an official job even in an administration packed with of lowlifes & halfwits. Roger was on his way to prison when Trump FedExed him a get-out-of-jail-free card, and Rudy's law licenses in New York & D.C. were suspended. It's reasonable to think the DOJ could indict these two losers for some insurrection-related crimes even as it let the Mob Boss skate.

Here's an Amusing Thought. S.V. Date of the Huffington Post: "Should ... Donald Trump run for the White House again, an obscure Reconstruction-era law could keep him off the ballot in six southern states..., because of his incitement of the Jan. 6 insurrection. The third section of the 14th Amendment prohibits people who swore to defend the Constitution, but who subsequently took part in an insurrection against the United States, from holding state or federal office. Other language in that post-Civil War amendment, though, makes many experts believe that only Congress can enforce the ban, which means Senate Republicans could block any such action.... The six states affected by the 1868 law -- North Carolina, South Carolina, Georgia, Alabama, Louisiana and Florida -- together have 88 electoral votes, or 33% of the total needed to win the presidency. Trump won all of them in 2020 except for Georgia, which he lost by 12,000 votes." ~~~

     ~~~ Marie: This won't happen, but it's a nice pipedream.

Russia/Ukraine. Yuras Karmanau of the AP: "Ukraine said Sunday that Russia was behind a cyberattack that defaced its government websites and alleged that Russia is engaged in an increasing 'hybrid war' against its neighbor. The statement from the Ministry of Digital Development came a day after Microsoft said dozens of computer systems at an unspecified number of Ukrainian government agencies had been infected with destructive malware disguised as ransomware. That disclosure suggested the attention-grabbing defacement attack on official websites last week was a diversion."

~~~~~~~~~~

Maureen Dowd of the New York Times blames Joe Biden for, well, everything. MB: It's as if MoDo isn't aware there are three branches of government, sorta like those insurrectionists whose stupidity so surprised Rep. Jamie Raskin (see yesterday's Commentariat). The only thing I would fault Biden for is his optimism. Yet I'm not at all certain optimism is a fault. It is the voters who gave us Mitch McConnell & Ted Cruz who let the President down, not the other way around.

Robert Reich in the Guardian: "Capitalism and democracy are compatible only if democracy is in the driver's seat.... The tsunami of money now flowing from corporations into the swamp of American politics is larger than ever. And this money -- bankrolling almost all politicians and financing attacks on their opponents -- is undermining American democracy as much as did the 147 seditionist members of Congress. Maybe more. The Democratic senator Kyrsten Sinema -- whose vocal opposition to any change in the filibuster is on the verge of dooming voting rights -- received almost $2m in campaign donations in 2021 even though she is not up for re-election until 2024. Most of it came from corporate donors outside Arizona, some of which have a history of donating largely to Republicans. Has the money influenced Sinema? You decide. Besides sandbagging voting rights, she voted down the $15 minimum wage increase, opposed tax increases on corporations and the wealthy and stalled on drug price reform -- policies supported by a majority of Democratic senators as well as a majority of Arizonans." ~~~

     ~~~ Marie: The political money game is yet another effect of inequality, and of course there's a chicken-and-egg situation here. When corporations have higher profits, they have more money to spend on the politicians who support measures that help them gain higher profits. Meanwhile, workers have less money to give to politicians, either directly or through unions, who support legislation that improve wages & working conditions.

2020 Presidential Election, Ctd. Morgan Keith of Insider, republished in Yahoo! News: "On Saturday, former White House chief strategist Steve Bannon ... claimed that [Donald Trump]'s rally [in Arizona] on Saturday would serve as a precursor to the decertification of President Joe Biden's 2020 election win. 'It's the kickoff of 2022. A huge speech in front of a massive crowd by Donald J. Trump and, of course, they're all melting down about who's on stage with him. They're all people that are going to get to the decertification of the 2020 Biden electors,' Bannon said." Thanks to Forrest M. for the link. See also his commentary below.

The Pandemic, Ctd.

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

Australia. Hooroo. John Pye of the AP: Novak Djokovic, "the No. 1-ranked player in men's tennis, had to be deported from Australia after three Federal Court judges decided unanimously Sunday to affirm the immigration minister's right to cancel Djokovic's visa. The ruling was made less than 18 hours before the first Grand Slam matches of 2022 were scheduled to begin." Here's the New York Times' liveblog on the end of the Djokovic affair.

Beyond the Beltway

Paul Rosenberg, in Salon, interviews David Pepper, the author of 'Laboratories of Autocracy: A Wake-Up Call From Behind the Lines, ' which "brings the subject down to earth, connects democratic erosion to corruption and the decline in America's quality of life, and provides a wealth of ideas about how to fight back to protect democracy."

Michigan. Corey Williams of the AP: "Mark Schlissel has been removed as president of the University of Michigan due to an alleged 'inappropriate relationship with a university employee,' the school said Saturday on its website. The removal was effective 'immediately,' the University of Michigan Board of Regents said, adding that members learned on Dec. 8, 2021, about the relationship from an anonymous complaint and that an investigation revealed that 'over the years,' Schlissel used his university email account to 'communicate with that subordinate in a manner inconsistent with the dignity and reputation of the university.'... Schlissel had a base salary of $927,000 a year."

Texas. Christian Aleman of KVUE (Austin, Texas): "The Travis County (Austin) Clerk's Office said that it has rejected about 50% of applications for mail-in ballots due to Senate Bill 1 (SB1), the state's sweeping voting law passed last year. The clerk's office said the applications it has been rejecting have been for the March 1 primary elections. The new law, signed by Gov. Greg Abbott in September, requires that applications for mail-in ballots include the applicant's Driver's License number or the last four digits of their Social Security Number.... The clerk's office said it has not received enough information regarding the new online cure process to instruct voters how to cure their applications with the Texas Secretary of State's Office. The office added that is has not received instructions from the State outlining what the office can do to help voters submit a completed application, but is expecting 'more comprehensive guidance' from the secretary of state. Travis County Clerk Dana DeBeauvoir is set to hold a news conference the morning on Jan. 18 to discuss details of the application rejections. " ~~~

     ~~~ Marie: If this is what's happening in Travis County, which -- on the whole -- has more liberal, better-educated voters than the average Texas county, the situation is surely worse elsewhere in the state. That is to say, SB1 is working as intended.

Way Beyond

Israel. Bethan McKernan of the Guardian: "The former Israeli prime minister Benjamin Netanyahu is reportedly close to reaching a plea bargain in his corruption trial, a development that could mean an unexpectedly swift end to his turbulent political career and once again upend Israeli politics. Israeli media were dominated on Sunday by the news that Netanyahu, the chair of the Likud party and leader of the opposition since being ousted last year from a 12-year-stint in government, has reached advanced talks with the state attorney's office. In the reported agreement, Netanyahu will admit to two counts of breach of trust, resulting in a suspended prison sentence and a few months of prison time that will be converted to community service.... Under a plea deal, Netanyahu could be banned from political life for up to seven years, effectively ending his career." MB: So I guess the "community service" won't include "prime minister."

Russia. Anton Troianovski & David Sanger of the New York Times: Russian President Vladimir "Putin wants to extend Russia's sphere of influence to Eastern Europe and secure written commitments that NATO will never again enlarge. If he is frustrated in reaching that goal, some of his aides suggested on the sidelines of the negotiations last week, then he would pursue Russia's security interests with results that would be felt acutely in Europe and the United States. There were hints, never quite spelled out, that nuclear weapons could be shifted to places -- perhaps not far from the United States coastline -- that would reduce warning times after a launch to as little as five minutes, potentially igniting a confrontation with echoes of the 1962 Cuban Missile Crisis." ~~~

     ~~~ MB: I could certainly be wrong, but I think that despite Donald Trump's loss in 2020, Putin may anticipate a return of Trump or another autocratic leader (DeSantis?) to the U.S., one who might facilitate (or ignore) Putin's European aggression. At the same time, he may seek autocratic allies in Europe in countries like Poland & Hungary, in the same way Hitler's alliances with Mussolini & Hirohito gave him more confidence for his European aggression. ~~~

     ~~~ Washington Post Editors: "With winter turning Ukraine's flat terrain into a frozen-earth fast track for Russian tanks, the window of opportunity for a diplomatic solution is rapidly closing -- if it were ever really open. The Biden administration was wise to try dialogue, if only to make it clear to the whole world how unappeasable Mr. Putin really is. On the whole, the Biden team has handled the atmospherics skillfully, refusing to yield on core principles such as Ukraine's sovereignty and NATO's freedom to enroll new members, while offering to engage with Moscow on genuine issues such as nuclear and conventional arms control.... Russia's posture toward Ukraine amounts to prohibited conduct under Article 2 of the United Nations Charter, which specifically bars the 'threat or use of force against the territorial integrity or political independence of any state.'... Raising the potential costs of an invasion to Russia by beefing up Ukraine's capacity to resist it is, at this late date, the best hope to deter Mr. Putin."

News Ledes

Guardian: "A man who was shot dead by FBI officers after taking four people hostage at a Texas synagogue is understood to be British.... In [a] live stream [from inside the synagogue], the hostage-taker was heard demanding the release of Aafia Siddiqui, a Pakistani neuroscientist suspected of having ties to al-Qaida, who was convicted of trying to kill US military officers while in custody in Afghanistan, a law enforcement official said. Siddiqui is in federal prison in Texas." ~~~

     ~~~ AP Update: "Authorities on Sunday identified a 44-year-old British national as the man who took four people hostage at a Texas synagogue for 10 hours before an FBI SWAT team stormed the building, ending a tense standoff that President Joe Biden called 'an act of terror.' Malik Faisal Akram was shot and killed after the last of the hostages got out at around 9 p.m. Saturday at Congregation Beth Israel near Fort Worth. In a statement, the FBI said there was no indication that anyone else was involved, but it didn't provide a possible motive."

January 15, 2022

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

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

~~~ Ivan Nechepurenko of the New York Times: "Russia's main security agency said on Friday that at the request of the United States government it had dismantled REvil, one of the most aggressive ransomware crime groups attacking Western targets, and arrested some of its members. The agency, known as the F.S.B., said 'the organized crime gang ceased to exist' after a sweeping operation that was carried out in 25 locations across five Russian regions. The raids followed multiple requests by the Biden administration for the Kremlin to help shut down such groups. The arrests were announced on the same day that the U.S. government accused Russia of sending saboteurs into Ukraine to create a pretext for invasion, and that hackers shut down dozens of Ukraine's government websites -- an attack that Ukrainian officials suggested had originated in Russia." A CNN story is here.

Get Out! Mariana Alfaro of the Washington Post: "The Biden White House has forced the resignation of a Trump-appointed member of a U.S. commission who has promoted the baseless claim that the FBI planted agents among the pro-Trump mob that stormed the Capitol on Jan. 6. Darren Beattie was named by ... Donald Trump to the U.S. Commission for the Preservation of America's Heritage Abroad in November 2020. In a letter Friday, Gautam Raghavan, deputy director of the White House office of presidential personnel, told Beattie that he must turn in his resignation by the end of business Friday and if he did not, his position would be terminated.... The White House move comes days after Beattie's actions as a right-wing blogger attracted attention from the House select committee investigating the Jan. 6 attack.... Beattie was put on the board of the commission ... after he was fired from the Trump White House for attending a conference frequented by white nationalists.... Before that, Beattie served as one of Trump's speechwriters. On Sunday, the former president issued a statement praising Beattie for pushing his baseless claims about Jan. 6...."

Ellen Nakashima & David Nakamura of the Washington Post: "Federal prosecutors are expected to soon seek dismissal of charges against a professor at the Massachusetts Institute of Technology accused of failing to disclose research ties to China, according to three people familiar with the matter. The dropping of the case against Gang Chen, a Chinese American academic, would probably happen in the coming weeks, said the people, who spoke on the condition of anonymity.... Prosecutors in Boston this week sent a dismissal memo to the Justice Department headquarters in Washington, which has not yet signed off, but is expected to, the people said. It would mark arguably the most high-profile setback of the Justice Department's China Initiative, a wide-ranging and sometimes controversial effort launched in 2018.

** Michael Wines of the New York Times: "A newly disclosed memorandum citing 'unprecedented' meddling by the Trump administration in the 2020 census and circulated among top Census Bureau officials indicates how strongly they sought to resist efforts by the administration to manipulate the count for Republican political gain.... In particular, the administration was adamant that -- for the first time ever -- the bureau separately tally the number of undocumented immigrants in each state. Mr. Trump had ordered the tally in a July 2020 presidential memorandum, saying he wanted to subtract them from House reapportionment population estimates.... Kenneth Prewitt, a Columbia University public-affairs scholar who ran the Census Bureau from 1998 to 2001, said in an interview that the careful bureaucratic language [of the memo] belied an extraordinary pushback against political interference." The memo went to Wilbur Ross, the odious Commerce Secretary, who says he can't recall a thing about it. MB: I guess not, because Ross himself was a Census manipulator extraordinaire, to the point of lying to Congress about the effort.

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

Annette Nevins, et al., of the Washington Post: "Shackled at his wrists and ankles, [Oath Keeper Stewart] Rhodes appeared briefly in federal court [in Plano, Texas,] Friday. Magistrate Judge Kimberly C. Priest Johnson ordered him to remain in jail at least until a detention hearing on Jan. 20." Referred to in many court filings as "Person One," Rhodes "is the most high-profile person charged in the wide-ranging investigation to date.... Another newly charged Oath Keeper, Edward Vallejo of Phoenix, appeared briefly before a federal magistrate judge in Arizona, who ordered that he, too, should be held in custody until a detention hearing next week."

Zachary Cohen & Curt Devine of CNN: "Oath Keepers leader Stewart Rhodes has spewed violent rhetoric and whipped up unsubstantiated fears about secret government plots and imminent civil war for more than a decade with the help of another purveyor of extremism: conspiracy monger and internet powerhouse Alex Jones. Jones, who has built a staggering online following around his Infowars empire, has given Rhodes a platform to reach a wider audience -- from the day Rhodes plugged the Oath Keepers' first public meeting to the weeks surrounding the invasion of the US Capitol. At the same time, Rhodes' Oath Keepers protected Jones at multiple 'Stop the Steal' rallies."

Marie: Mike Pence writes a stupid op-ed in the Washington Post arguing that the voting rights bills are a "power grab" to try to "nationalize elections." But his opening remarks are notable: "Now that the anniversary of Jan. 6 has come and gone, some of us who lived through that tragic day in 2021 are getting a clearer picture of what was and is at stake. On Jan. 6, an angry mob ransacked the Capitol, largely to try to get Congress and me, as the president of the Senate, to use federal authority to overturn results of the presidential election that had been certified by all 50 states." Unlike most Republican politicians, mike remains in touch with the reality that a violent attack that included calls to hang him was not a normal tourist visit.

Looking for the Lost & Found. Michael Luciano of Mediaite: "... they are morons.... Some of the people who stormed the Capitol later called Speaker Nancy Pelosi's office in an effort to retrieve ... belongings [they left behind], Rep. Jamie Raskin (D-MD) told Insider in an interview published Friday. According to Raskin, who serves on the Jan. 6 committee, rioters called and were 'asking whether there was a lost and found because they forgot their phone there, or they left their purse or what have you.' Predictably, authorities ... suckered the rioters into giving them their personal information.... Raskin also said that many of the rioters appeared to have no understanding of how the government works on the most basic level. 'They didn't have any kind of subtle understanding of the separation of powers,' he said. 'They just thought that the number one person in the U.S. government had invited them to be there, and therefore they had a right.' The congressman said that the rioters' reaction 'underscores the central role that Donald Trump played in it.'" ~~~

     ~~~ Marie: In fairness to the morons, Trump didn't quite grasp the separation of powers either. He thought the other branches of government should do exactly what the President* ordered, especially Congressional Republicans & the Supremes he appointed. His hatred of John McCain and his "disappointment" with Bart O'Kavanaugh are examples. The morons, of course, aren't all wingers. Despite all the publicity Manchinema have received for their opposition to the Biden agenda, Joe Biden's current unpopularity numbers are the result of people's not understanding why he didn't pass voting rights and Build Back Better legislation. ~~~

     ~~~ As an aside, the morons' willingness to give their info to investigators reminds me of a scene in a British TV procedural I saw recently. The cops bring in a kid involved in some ruckus & present him to the desk sergeant. The kid refuses to give his name. The beat cops object but the sergeant is sympathetic. "I get it," he tells the kid. "In fact, we have a form for your situation. Just sign here and you don't have to tell us your name." He pushes a form on a clipboard in front of the kid, who happily signs his name at the bottom.

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

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

     ~~~ MB: Thus, Fox "News" and the Murdoch boys, who have stood behind TuKKKer & all of his despicable shenanigans, now find themselves supporting an alleged terrorist who helped organize the overthrow of the U.S. government. Rupert, who is chairman of Fox, is an American citizen, but his son Lachlan, who is CEO is an Australian citizen. I suggest the U.S. deport him as an undesirable (unless DOJ would rather charge both of them for aiding & abetting an enemy of the U.S.; that would be treason for Rupert -- oh, and for TuKKKer). There's nothing wrong with a journalist's interviewing an alleged criminal, but TuKKKer advocated for Caldwell, telling him on-air, "I hope you crush these people [the feds].... It's shocking this could happen in our country." And so forth.

Aaron Blake of the Washington Post: Pro-covid confederates are very upset with Brett Kavanaugh because he voted, along with CJ Roberts & Sotomayor, Kagan & Breyer, to permit President Biden's vaccine mandate for healthcare workers. Among Kavanaugh's detractors: Tucker Carlson, who called Kavanaugh a "cringing little liberal," Gov. Ron DeSantis (R-Covid) & Donald Trump, Jr. "They've decided to put [Kavanaugh] on notice that they'll go after his character at the drop of a hat when he rules the wrong way -- even when he rules the right way [-- the workplace protocols --] the very same day."

Ruth Marcus of the Washington Post: "The [Supreme Court] has been effectively closed to outside visitors since the start of the pandemic. Now that the justices have begun hearing oral arguments in person, the lawyers appearing before it, and the reporters in the chamber, must test negative and be masked, except when speaking. Justices who aren't comfortable with those protocols -- or with the maskless behavior of their colleagues -- have the flexibility to work remotely. If only the court were willing to extend similar protections to the rest of us, in our workplaces.... The factory workers standing cheek by jowl on assembly lines, the office workers crammed side by side at their cubicles, the cashiers and sales clerks at retail establishments -- none of them enjoy the guaranteed safety protocols that the court has awarded to itself.... In states with laws that prohibit vaccine and mask mandates, employers who want to adopt such policies are prohibited from doing so." If you have a WashPo subscription, read on. ~~~

     ~~~ Marie: Marcus reviews some of the confederate justices' sophistic arguments. Here's a doozy: "Although covid-19 is a risk that occurs in many workplaces, it is not an occupational hazard in most. Covid-19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather." That's like saying that because you can fall off a ladder at home, OSHA cannot regulate ladder safety in the workplace. We already knew the confederates were anti-worker, but to the point of ensuring that workers get sick on the job??? That's a violation of basic human rights. ~~~

     ~~~ Update. Adam Serwer of the Atlantic (partially republished in LG&$) makes the same point, calling this argument "laughable logic." Scott Lemieux, in LG&$ obviously agrees: "This argument is astoundingly stupid. The fact that stuff can fall on your head at home doesn't mean that the OHSA can't require workers in construction sites to wear hardhats. Nobody could actually believe it. And yet it's the foundation on which the entire opinion rests." Serwer observes that what underlies the decision is the Foxification of the Supremes: it "hinges on a new and alarming embrace of the right-wing culture war against vaccination, a deeply regrettable cost of conservative political strategy and political-identity formation.... The conservative wing of the Court wants to have it both ways: insisting they are not questioning the safety or efficacy of vaccination, while issuing decisions that are entirely premised on the right's newfound and quasi-religious conception of them as traumatic and metaphysically significant -- a necessity for the mandates to be seen as oppressive. This is little more than culture war dressed up in the language of constitutionalism." ~~~

     ~~~ Marie: Foxification, or a version of it, is hardly new. Opinion essays, after all, are written for the purpose of influencing others. That's what the ancient Greek philosophers were up to. That's what the Bible is all about. That's why advocates submit friend-of-the-court briefs on upcoming cases to the Supremes. And the Supremes do heed ideas spread by their favored media outlets. Justice Antonin Scalia admitted that's all he read or listened to. And that mattered. In oral arguments during the first big effort to strike down Obamacare, Scalia famously said, "Everybody has to buy food sooner or later. Therefore, you can make people buy broccoli." The broccoli reference didn't spring from the Mind of Scalia. James Stewart of the New York Times traced it to an article by Terence Jeffrey, the editor in chief of the Conservative News Service: "'Can President Barack Obama and Congress enact legislation that orders Americans to buy broccoli?' Mr. Jeffrey wrote in his Oct. 21, 2009, CNS column." Stewart finds that the broccoli reference spread from there, including to Rush Limbaugh, who shared it -- as if it were an original thought -- on air.

Oliver Darcy & Brian Stelter of CNN: "One America News, the right-wing conspiracy channel favored by ...t Donald Trump, will be dropped later this year by DirecTV, a spokesperson for the television carrier said Friday evening. The move will deal a significant blow to the fringe outlet. Not only will OAN be removed from the millions of households that use DirecTV as a television provider, it will also suffer a major hit to its revenue. Reuters, citing sworn testimony that an OAN accountant gave in 2020, reported last year that 90% of the channel's revenue came from subscriber fees paid by AT&T-owned platforms, including DirecTV.... The decision also comes after significant controversy following Reuters's story, which reported that AT&T played a key role in OAN's founding." MB: So if you're an AT&T or DirecTV customers, it looks as if you won't be paying for Donald Trump's favorite propaganda outlet much longer.

Rebecca Robbins & Cecilia Kang of the New York Times: "Martin Shkreli, the former pharmaceutical executive best known for unapologetically hiking the price of a lifesaving medication, must pay $64.6 million and will be barred for life from the drug industry for violating antitrust law, a federal court ordered on Friday. Mr. Shkreli is serving a seven-year prison sentence for defrauding investors related to his work running two hedge funds and a different pharmaceutical company. That conviction is unrelated to the drug pricing saga that elevated him to notoriety. He is expected to be released this year."

The Pandemic, Ctd.

Apoorva Mandavilli of the New York Times: "The Centers for Disease Control and Prevention on Friday clarified its stance on various kinds of masks, acknowledging that the cloth masks frequently worn by Americans do not offer as much protection as surgical masks or respirators. While this disparity is widely known to the general public, the update marks the first time the C.D.C. has explicitly addressed the differences. The agency's website also no longer refers to a shortage of respirators.... Its updated language now says that 'a respirator may be considered in certain situations and by certain people when greater protection is needed or desired.' The previous version of the recommendations said individuals may choose to use a disposable N95 respirator instead of a mask 'when supplies are available.' N95 respirators, so named because they can filter out 95 percent of all airborne particles when used correctly, were in short supply early in the pandemic."

Yasmeen Abutaleb of the Washington Post: "A federal website where Americans can order free coronavirus rapid tests will be launched Wednesday and allow each household to order up to four tests, senior administration officials said Friday. The website, called covidtests.gov, will require that users provide their names and addresses to receive the tests. The government purchased 500 million rapid tests that will be available to every household, and will limit to four the number of tests sent to each address, the senior officials said during a briefing with reporters." The article is free to nonsubscribers.

Virginia. Andrea Swalec of NBC 4 Washington, D.C.: "Virginia's incoming governor, Glenn Youngkin [R], said he will lift the state's school mask mandate and change other COVID-19 policies after taking office Saturday, Jan. 15. The change in direction is expected amid what the Virginia Hospital & Healthcare Association called the fifth surge of the pandemic.... School districts will be able to keep mask recommendations in place, but parents can choose not to follow them, he added."

Beyond the Beltway

New York. Michael Levenson of the New York Times: "A former senior adviser in the Obama administration pleaded guilty on Friday to charges that he had orchestrated a scheme to steal more than $200,000 from a network of charter schools that he founded, prosecutors said. The former adviser, Seth Andrew, 42, pleaded guilty to one count of wire fraud and will face up to 20 years in prison when he is sentenced on April 14, prosecutors said. He has also agreed to pay restitution to the charter schools he founded, Democracy Prep Public Schools, prosecutors said. Mr. Andrew was charged last April with stealing $218,000 from the network, which teaches mostly low-income students of color in New York and other states. Prosecutors said last year that he had used the money to get a lower interest rate on a mortgage for a $2 million apartment in Manhattan." An NBC News story is here. MB: Greedy bastid.

Ohio. Nicholas Bogel-Burroughs of the New York Times: "Thousands of Ohio prison guards will begin wearing body cameras for the first time this year, bringing more transparency inside prison walls at a time when the coronavirus pandemic and guard shortages are making many prisons more dangerous. Annette Chambers-Smith, the head of the state prison agency, said the state was buying 5,100 body-worn cameras that will be used by guards and parole officers in all of the state's prisons.... Axon, the company that is supplying the cameras, said the state was adopting the largest body camera program of any prison agency in the world.... The plan to roll out body cameras follows the death in January of last year of Michael A. McDaniel, a 55-year-old prisoner who collapsed and died after guards pushed him to the ground several times following a fight outside of his cell. A coroner ruled that his death was a homicide...."

Virginia. Teach the Kids about Lincoln Debating Frederick Douglass. Gillian Brockell of the Washington Post: In a bill designed "to ban 'divisive concepts' from being taught in Virginia public schools," Republican freshman Del. Wren Williams inserted some examples of what were proper subjects of discussion. They included "the first debate between Abraham Lincoln and Frederick Douglass." Of course Lincoln did not debate the great civil rights leader; rather, he debated Democratic U.S. Sen. Stephen A. Douglas when Lincoln was running to unseat Douglas. (Lincoln lost.) A state agency took responsibility for the bill's error, but Brockell is not convinced. MB: Funny Del. Williams specified including only the first Lincoln-Douglas(s?) debate, which was the one debate (of four) which Brockell says Douglas won. The main topic of the debates was slavery, and Douglas was the more pro-slavery candidate. Anyhow, almost makes you think legislators should butt out of trying to dictate school curricula. (Also linked yesterday.)

Way Beyond

U.K. Mark Landler of the New York Times: "Capping a week of abject contrition, Prime Minister Boris Johnson of Britain apologized on Friday to Buckingham Palace for raucous parties held in Downing Street the night before Queen Elizabeth II buried her husband, Prince Philip, in a socially distanced ceremony that left her grieving alone in a choir stall.... The reports of more alcohol-fueled socializing at Downing Street, on the eve of a somber funeral ceremony remembered for its poignant image of an isolated, masked monarch, dealt a fresh blow to an already reeling prime minister.... The Downing Street spokesman did not say whether Mr. Johnson planned to apologize personally to the queen the next time he has a weekly audience with her."

News Ledes

New York TImes: "An underwater volcano erupted on Saturday near the remote Pacific nation of Tonga, triggering tsunami warnings across the South Pacific and for the West Coast of the United States, and causing strong waves and currents in many coastal areas. The volcano's eruption was dramatic, sending plumes of gas and ash thousands of feet into the atmosphere, though early reports of damage were limited. A four-foot tsunami wave was reported to have hit Tonga's capital, Nuku'alofa, sending people rushing to higher ground, and witnesses said ash had fallen from the sky. There were no immediate official reports on the extent of injuries or damages, but internet service in the country was disrupted, according to The Associated Press, making it difficult to assess." This report is being live-updated. ~~~

     ~~~ Space.com has some video images here (slow-loader), which RAS linked the other day. A New York Times video is here.

New York Times: &"Heavily armed police officers and F.B.I. negotiators converged Saturday on a synagogue in the Dallas-Fort Worth area, where a man who could be heard shouting on a livestream was inside along with other people. Katie Chaumont, an F.B.I. spokeswoman, confirmed that the agency's SWAT team members and crisis negotiators had responded along with the local police to Congregation Beth Israel, a Reform synagogue in Colleyville, Texas, a city of about 26,000 residents that is about 15 miles northeast of Fort Worth." This report is being live-updated. ~~~

     ~~~ Update: "Hours after a man who claimed to have weapons and explosives took a rabbi and several others hostage at a synagogue in the Dallas-Fort Worth area, all the hostages had been rescued, Gov. Greg Abbott of Texas said on Saturday night.... The suspect died in the standoff, said Michael Miller, police chief of Colleyville, Texas, where the standoff took place." ~~~

     ~~~ An ABC News report is here. It also has been updated to reflect the rescue of the hostages.

January 14, 2022

Late Morning/Afternoon Update:

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

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

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

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

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

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

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

~~~~~~~~~~

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Beyond the Beltway

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

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

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

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

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

Way Beyond

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

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

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

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