The Commentariat -- February 23, 2021

Daniel Strauss of the Guardian: "In a somber address to the nation as the US surpassed half a million coronavirus deaths on Monday, Joe Biden urged the country to unify in its battle against the virus.... Biden used the speech to urge Americans to overcome partisanship and follow public health guidelines as his administration races to distribute vaccines and end the pandemic.... Biden focused on the loss Americans have felt because of the pandemic and the larger theme of coming together.... Biden's speech was bookended by solemn rituals to honor the 500,000 deaths. Ahead of his address, the National Cathedral rang its bells 500 times; afterwards, the president joined the first lady Jill Biden, Vice-president Kamala Harris, and second gentleman Doug Emhoff outside the White House, where they observed a moment of silence surrounded by 500 candles." A Washington Post story is here. ~~~

Michael Balsamo, et al., of the AP: "Merrick Garland, President Joe Biden's attorney general nominee, vowed Monday to prioritize combating extremist violence and said his first focus would be on the insurrection at the U.S. Capitol as he sought to assure lawmakers that the Justice Department would remain politically independent on his watch.... 'The attorney general represents the public interest, particularly and specifically as defined by the Constitution and the statutes of the United States,' Garland said. 'I do not plan to be interfered with by anyone.'" (Also linked yesterday afternoon.) Update: The New York Times story is here. ~~~

     ~~~ Wherein Judge Garland Explains Sedition to a Seditionist. Dana Milbank of the Washington Post: "... [Sen. Josh] Hawley [R-Kan.Mo.] didn't want to talk about the violence against police generated by his own attempt to overturn the election. He insisted that [Judge Merrick] Garland talk about 'assaults on federal property in places other than Washington' -- specifically, during racial-justice protests -- and whether those qualify as 'domestic terrorism.' Garland was not distracted by the seditionist's sleight of hand. He explained that using violence 'to disrupt democratic processes' (as occurred in the Capitol) is domestic terrorism, while attacking a courthouse at night (as occurred in Portland) is not. 'Both are criminal, but one is a core attack on our democratic institutions.'... For four years..., Donald Trump railed about 'law and order' while breaking the former and undermining the latter. In Garland, we see a restoration of actual law and order."

Ed Pilkington of the Guardian: "Neera Tanden, president of the left-leaning Center for American Progress, seemed unlikely to be confirmed as budget director in the Biden administration after Susan Collins and Mitt Romney, two moderate Republican senators, said they would not vote in her favour." (Also linked yesterday afternoon.) ~~~

~~~ IOKIYAR White Guy. Laura Barron-Lopez & Christopher Cadelago of Politico: "Women's rights activists and allied Democrats are growing increasingly vocal about what they call the unfair targeting of women and people of color nominated by Joe Biden to top posts in his administration.... Inside the White House, it did not go unnoticed that many of the lawmakers objecting to Tanden's social media missives -- including [Joe] Manchin [D-W.Va.] -- voted to confirm Richard Grenell, the acid-tongued Trump booster, to the post of U.S. ambassador to Germany. Democrats on and off the Hill likewise argued that [Neera] Tanden, who is of South Asian descent, was one of several nominees of color being treated differently than Trump-era nominees who lobbed personal attacks or expressed bigoted views.... Her supporters now say that her social media presence is being used as a cover by her opponents, noting that she has apologized, deleted and taken ownership for her tweets. And Democrats argue that after the Trump years, there is little justification for having someone's online behavior serve as a disqualifier." ~~~

~~~ Washington Post Editors: "Republicans spent four years playing down and forgiving ... Donald Trump's disgusting tweets. Not a single Republican voted against confirming Richard Grenell, Mr. Trump's ambassador to Germany, despite his history of Twitter trolling -- including nasty comments about the appearances of female journalists and world leaders -- which was far worse than Ms. Tanden's tweets. Mr. Manchin voted to confirm Mr. Grenell, too.... Is it unacceptable for the OMB director to be strongly partisan? Republicans didn't think so when they jammed through Mick Mulvaney, a co-founder of the hard-right House Freedom Caucus, to be Mr. Trump's first OMB chair...."

Natasha Bertrand of Politico: "The U.S. is preparing to respond to Russia's poisoning and jailing of Russian opposition leader Alexei Navalny, and is expected to coordinate a sanctions rollout with European allies in the coming weeks, according to people familiar with the matter. The response would mark a break with the previous administration, which prepared a sanctions package following Navalny's poisoning but never implemented it, the people said. It would also constitute the new administration's first major step in holding Russia accountable for human rights abuses, which [President] Biden and Secretary of State Antony Blinken have listed as a key pillar of their foreign policy agenda."

Robert Barnes of the Washington Post: "The Supreme Court on Monday rejected ... Donald Trump's last-chance effort to keep his private financial records from the Manhattan district attorney, ending a long and drawn-out legal battle. After a four-month delay, the court denied Trump's motion in a one-sentence order with no recorded dissents. District Attorney Cyrus R. Vance Jr. has won every stage of the legal fight -- including the first round at the Supreme Court -- but has yet to receive the records he says are necessary for a grand jury investigation into whether the president's companies violated state law." Thanks to Ken W. for the link. As Ken writes, "Whoopie!" Update: The New York Times' story is here. Politico's story is here. (Also linked yesterday.) ~~~

     ~~~ "What's Next?" William Rashbaum, et al., of the New York Times: "Terabytes of data. Dozens of prosecutors, investigators and forensic accountants sifting through millions of pages of financial documents. An outside consulting firm drilling down on the arcana of commercial real estate and tax strategies. That is the monumental task that lies ahead in the Manhattan district attorney's criminal investigation into ... Donald J. Trump and his family business after a United States Supreme Court order on Monday cleared the way for prosecutors to obtain eight years worth of Mr. Trump's tax returns and other financial records.... The crucial next phase in the Manhattan inquiry will begin in earnest this week when investigators for the district attorney's office collect the records from the law firm that represents Mr. Trump's accountants, Mazars USA...." (Also linked yesterday.) ~~~

     ~~~ Mike McIntire of the New York Times: "In addition to the tax returns, Mr. Trump's accountants, Mazars USA, must also produce business records on which those returns are based and communications with the Trump Organization. Such material could provide important context and background to decisions that Mr. Trump or his accountants made when preparing to file taxes." ~~~

     ~~~ digby reproduces much of Jonathan Chait's (New York) post on how angry Trump is that a grand jury will get to see tax returns that every other presidential candidate in recent history has voluntarily revealed publicly. Chait: "Trump's position on the tax returns rests on a series of assertions, ranging from his false claim that Robert Mueller found 'No Collusion' to his insistence that he actually won the 2020 election to his extremely ironic complaint that prosecutors targeting their political opponents is 'fascism, not justice.'... The most conspicuous absence from Trump's statement is any explanation as to why he has fought so hard to conceal this information, which all his predecessors willingly disclosed." Here's a funny part of Trump's everybody's-picking-on-me rant: "This is something which has never happened to a president before." Chait points to the obvious: no other president has refused to release the info. ~~~

     ~~~ Steve M. reproduces Trump's rant, via Jim Acosta of CNN. Steve sees in the rant another call to violence: "He says prosecutors want to 'take [him] out' -- and then writes, 'except that the people of our Country won't stand for it.'... After January 6, we know ... they'd do it by means of political violence.... The risk of a violent mass disruption of a Trump trial is great. And in his statement today, I think Trump is trying to summon just such a response." ~~~

     ~~~ Marie: Steve also points out something I've been meaning to mention: "When Trump says, 'the people of our Country,' he always means the people of his country: Trump voters, whom he regards as the only legitimate Americans." This is made obvious, I think, by the way Trump often pronounces "our" when he says "our country." When I say "our country," it usually comes out "are country," with the emphasis on "country"; I slide over "our." When Trump says "our country," he emphasizes "our," which he extends to two syllables: "ow!-er" and makes the modifier "our" as important as -- or more important than -- the noun "country."

Luke Broadwater of the New York Times: "... a bipartisan group of senators is pressing ahead with a series of investigative hearings to scrutinize the security breakdowns that failed to prevent the deadly pro-Trump rampage. The inquiry begins on Tuesday with a joint hearing of two Senate committees to question the officials who were in charge of securing the Capitol during the attack, when Capitol Police officers and members of the District of Columbia's police force called in as reinforcements were overrun as the vice president and members of the House and the Senate were gathered inside."

Adam Liptak of the New York Times: "The Supreme Court announced on Monday that it would not hear an appeal from Pennsylvania Republicans who sought to disqualify mailed ballots in the 2020 presidential election that arrived after Election Day. The court's brief order gave no reasons for turning down the case, which as a practical matter marked the end of Supreme Court litigation over the election. Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented, saying the court should have used it to provide guidance in future elections. The dissenting justices acknowledged that the number of ballots at issue in the case was too small to affect President Biden's victory in the state. But the legal question the case presented -- about the power of state courts to revise election laws -- was, they said, a significant one that should be resolved without the pressure of an impending election."

     ~~~ Rick Hasen comments here. ~~~

     ~~~ Clarence's "Argument from Ignorance." Jerry Lambe of Law & Crime: "U.S. Supreme Court Justice Clarence Thomas was not happy that his colleagues ... chose to pass up the opportunity to weigh in on a slew of cases stemming from last year's presidential elections, penning a highly critical dissent. Attorneys, on the other hand, pointed out that the stalwart conservative appeared to adopt the 'argument from ignorance' fallacy with regards to voter irregularities, suggesting that a lack of proof is not enough to show fraud did not occur.... In a footnote..., Thomas ... postulates that a proposition may be true simply because it hasn't been definitively proven to be false.... Thomas then went on to espouse what he views as the dangers inherently presented by widespread absentee voting, citing several examples of attempted fraud -- none of which took place over the latest election cycle -- and a 2012 New York Times article to conclude that 'the risk of fraud is "vastly more prevalent" for mail-in voting ballots.'"

Who Would Have Thought an "Oath Keeper" Would Lie in a Sworn Court Document? Katelyn Polantz of CNN: "Jessica Watkins, a leader in an alleged Oath Keepers conspiracy in the US Capitol insurrection, changed her story Monday about meeting with Secret Service agents in describing her actions on January 6. In a court filing over the weekend, Watkins said she was given a VIP pass to the Trump rally, had met with Secret Service agents and was providing security for legislators and others, including in their march to the Capitol. But on Monday, Watkins took back some of those assertions, saying she had merely spoken with Secret Service members as she passed through security at the rally." MB: Apparently Oath Keepers don't take oath-keeping too seriously. Ever.

Ken Klippenstein & Eric Lichtblau of the Intercept: "Within hours of the storming of the Capitol on January 6, the FBI began securing thousands of phone and electronic records connected to people at the scene of the rioting -- including some related to members of Congress, raising potentially thorny legal questions.... The Justice Department has publicly said that its task force includes senior public corruption officials. That involvement 'indicates a focus on public officials, i.e. Capitol Police and members of Congress,' the retired FBI official said. In recent years, the FBI has had to tread lightly in seeking any records of members of Congress due to protections under the Constitution's speech or debate clause, which shields the legislative work of Congress from executive branch interference.... On January 11, Sen. Sheldon Whitehouse, D-R.I., released a statement warning against the Justice Department getting involved in the investigation of the attack, at least regarding members of Congress, asserting that the Senate should oversee the matter."

Jamelle Bouie of the New York Times: At civil rights icon John Lewis's funeral last year, President "Obama asked Democrats to kill the filibuster and pass a voting rights bill because it was the right thing to do. But there's a stronger argument: that if Democrats don't do this, they'll be at the mercy of a Trumpified Republican Party that has radicalized against democracy itself. Democrats have already written the kind of voting rights bill Obama spoke about. It's the For the People Act, designated as H.R. 1 in the House and S. 1 in the Senate. If passed and signed into law, it would establish automatic, same-day and online voter registration, protect eligible voters from overly broad purges that remove them from the rolls, restore the Voting Rights Act with a new formula for federal preclearance..., re-enfranchise the formerly incarcerated, strengthen mail-in voting systems, institute nationwide early voting and increase criminal penalties for voter intimidation."

Kevin Collier of NBC News: "Voting-machine maker Dominion Voting Systems has sued Mike Lindell, CEO of MyPillow and a staunch ally of ... Donald Trump, for $1.3 billion over his monthslong campaign of making false claims about the 2020 election. Lindell, the founder of a pillow company and one of Trump's most visible defenders after he lost the election, has spent months sharing a baseless conspiracy theory that President Joe Biden only won because of a sprawling conspiracy that includes the Venezuelan government and hacked voting machines."

Annals of "Journalism," Ctd. Thanks to RAS for the link: ~~~

It really does seem like @chucktodd @jonkarl and @margbrennan oughta maybe call a meeting and talk about how not to let lies that nearly destroyed the country air unchecked on their shows. https://t.co/fKCmhzs6DQ

— Brian Beutler (@brianbeutler) February 22, 2021

Alan Feuer & Adam Goldman of the New York Times: "Emma Coronel Aispuro, the wife of Mexico's most notorious drug trafficker, best known as El Chapo, was arrested Monday and charged with helping her husband run his multibillion-dollar criminal empire and plotting to break him out of prison after he was captured in 2014. Ms. Coronel, a former beauty queen, had been under investigation for at least two years by U.S. federal authorities for being an accomplice to her husband, Joaquín Guzmán Loera, who was convicted in 2019 at a trial in Brooklyn of masterminding a huge drug conspiracy and was subsequently sentenced to life in prison. Court documents filed in Ms. Coronel's case said she relayed messages for Mr. Guzmán that helped him make drug shipments from 2012 to 2014 and evade capture by the legions of American and Mexican authorities who had been pursuing him for years. Evidence emerged at Mr. Guzmán's trial that Ms. Coronel was also a chief conspirator in a sophisticated plot to break him out of the Altiplano prison in Mexico by digging a nearly mile-long tunnel into the shower of his cell."

The Pandemic, Ctd.

The Washington Post's live updates of Covid-19 developments Tuesday are here. See also President Biden's remarks, linked (+ embedded video) at the top of the page.)

Washington Post Editors: "The president has challenged ... critics [of the $1.9 trillion Covid relief package by asking rhetorically]: 'What would they have me cut? What would they have me leave out?...'... The first trim should be to Mr. Biden's proposed $1,400 direct payments, the current House version of which would cost $422 billion. The 'checks' would phase out between $75,000 and $100,000 of individual income, and $150,000 and $200,000 for couples -- meaning all but the top-earning 10 percent of U.S. households would get at least some cash. That's a lot of money to shower on the non-poor.... Second, it is increasingly clear that the pandemic reduced states and local governments' revenue far less than initially feared, especially considering federal aid they have already received." ~~~

     ~~~ Marie: I don't know enough about the editors' second proposal to agree or disagree, but I strongly agree with their first suggestion. First, researchers have found that the great majority of recipients of the first stimulus checks in May 2020 saved, rather than spent, the checks. I'm all for families building up their savings, but not at my expense. I resent being forced to take money out of my pocket to give to the savings accounts of couples who earn more than I do (I won't receive a stimulus check & have not in the last two rounds). The entire reason Biden & Congress are proposing the $1,400 for middle-class & upper-middle-class families is to make the measure more popular with a demographic group their courting (and with the White House aides who wrote the bill & Congressional aides who will help push it through, many of whom will see checks cut for them).

Julie Steenhuysen of Reuters: "Dr. Anthony Fauci ... said political divisiveness contributed significantly to the 'stunning' U.S. COVID-19 death toll, which on Monday surpassed 500,000 lives lost.... 'Even under the best of circumstances, this would have been a very serious problem,' Fauci said, noting that despite strong adherence to public health measures, countries such as Germany and the UK struggled with the virus. 'However, that does not explain how a rich and sophisticated country can have the most percentage of deaths and be the hardest-hit country in the world,' said Fauci, director of the National Institute of Allergy and Infectious Diseases and a top adviser to President Joe Biden. 'That I believe should not have happened.'... The nation's failure cannot all be laid at the feet of Donald Trump, Fauci said. 'But the lack of involvement at the very top of the leadership in trying to do everything that was science-based was clearly detrimental to the effort.'... He called ... disregard [of Task Force-recommended phasing-in standards] by several governors and mayors "incomprehensible to me (when) you could see right in front of your eyes what was happening.'"

Beyond the Beltway

Colorado. Guardian & Agencies: "Police officers in Aurora, Colorado, did not have a legal basis to stop, frisk and use a chokehold on Elijah McClain, a 23-year-old black man who died after being restrained by officers and paramedics in the Denver suburb in August 2019, an independent investigation has found. According to a report published on Monday, 'body worn camera audio, limited video and ... interviews with the officers tell two contrasting stories. The officers' statements on the scene and in subsequent recorded interviews suggest a violent and relentless struggle.' The report added: 'The limited video, and the audio from the body worn cameras, reveal Mr McClain surrounded by officers, all larger than he, crying out in pain, apologizing, explaining himself and pleading with the officers.' McClain, a keen musician and athlete, was stopped on 24 August 2019, while walking home from a convenience store. He was not suspected of any crime."

Texas. Alana Rocha of the Texas Tribune: "At the height of last week's winter storm that left millions of Texans without access to heat and clean water, Attorney General Ken Paxton and his wife, state Sen. Angela Paxton, were out of state on a 'previously planned' business trip to Utah, a spokesman confirmed.... 'AG Paxton did lose power, but did not leave Texas until after power had returned to most of the state, including his own home,' [a spokesperson] said in a statement." MB: But that isn't true. Power was out in wide swaths of the state last Thursday, and Ken had meetings in Utah on Wednesday & Friday. His staff did not reveal his whereabouts on Monday of precise when he left Texas & came back. ~~~

     ~~~ Paul LeBlanc, et al., of CNN: "As Texas attorney general, Paxton is responsible for overseeing key aspects of the state's response to the devastating winter storm." MB: That includes, for instance, consumer protection, at a time Texas were hit with multi-thousand-dollar bills for a few hours of power.

Virginia. Laura Vozzella & Gregory Schneider of the Washington Post: "Two bills to abolish the death penalty in Virginia won final approval in the state General Assembly on Monday and were headed to Gov. Ralph Northam (D), who is expected to sign them. Virginia -- historically one of the nation's most prolific death penalty states -- would then become the first in the South to abandon the ultimate punishment. The state Senate approved by a vote of 22 to 16 a House bill that bans executions and establishes a maximum punishment of life in prison without the possibility of parole. A judge would have discretion to suspend part of that sentence -- a sticking point for some Republicans, who pushed unsuccessfully to make life without parole a mandatory minimum. An identical Senate bill, sponsored by Sen. Scott A. Surovell (D-Fairfax), passed the House by a 57-to-43 vote, with two Republicans joining all Democrats. Del. Michael P. Mullin (D-Newport News), a prosecutor for the city of Hampton, carried the House version." (Also linked yesterday.)

News Ledes

CNN: Golfer Tiger Woods was severely injured in a single-vehicle crash in Los Angeles County at about 7 am PT today. This page is a liveblog of developments.

New York Times: "Lawrence Ferlinghetti, a poet, publisher and political iconoclast who inspired and nurtured generations of San Francisco artists and writers from City Lights, his famed bookstore, died on Monday at his home in San Francisco. He was 101.... The spiritual godfather of the Beat movement, Mr. Ferlinghetti made his home base in the modest independent book haven now formally known as City Lights Booksellers & Publishers. A self-described 'literary meeting place' founded in 1953 and located on the border of the city's sometimes swank, sometimes seedy North Beach neighborhood, City Lights, on Columbus Avenue, soon became as much a part of the San Francisco scene as the Golden Gate Bridge or Fisherman's Wharf. (The city's board of supervisors designated it a historic landmark in 2001.)"

The Commentariat -- February 22, 2021

Late Morning/Afternoon Update:

Michael Balsamo, et al., of the AP: "Merrick Garland, President Joe Biden's attorney general nominee, vowed Monday to prioritize combating extremist violence and said his first focus would be on the insurrection at the U.S. Capitol as he sought to assure lawmakers that the Justice Department would remain politically independent on his watch.... 'The attorney general represents the public interest, particularly and specifically as defined by the Constitution and the statutes of the United States,' Garland said. 'I do not plan to be interfered with by anyone.'"

Ed Pilkington of the Guardian: "Neera Tanden, president of the left-leaning Center for American Progress, seemed unlikely to be confirmed as budget director in the Biden administration after Susan Collins and Mitt Romney, two moderate Republican senators, said they would not vote in her favour."

Robert Barnes of the Washington Post: "The Supreme Court on Monday rejected ... Donald Trump's last-chance effort to keep his private financial records from the Manhattan district attorney, ending a long and drawn-out legal battle. After a four-month delay, the court denied Trump's motion in a one-sentence order with no recorded dissents. District Attorney Cyrus R. Vance Jr. has won every stage of the legal fight -- including the first round at the Supreme Court -- but has yet to receive the records he says are necessary for a grand jury investigation into whether the president's companies violated state law." Thanks to Ken W. for the link. As Ken writes, "Whoopie!" Update: The New York Times' story is here. Politico's story is here. ~~~

     ~~~ "What's Next?" William Rashbaum, et al., of the New York Times: "Terabytes of data. Dozens of prosecutors, investigators and forensic accountants sifting through millions of pages of financial documents. An outside consulting firm drilling down on the arcana of commercial real estate and tax strategies. That is the monumental task that lies ahead in the Manhattan district attorney's criminal investigation into ... Donald J. Trump and his family business after a United States Supreme Court order on Monday cleared the way for prosecutors to obtain eight years worth of Mr. Trump's tax returns and other financial records.... The crucial next phase in the Manhattan inquiry will begin in earnest this week when investigators for the district attorney's office collect the records from the law firm that represents Mr. Trump's accountants, Mazars USA...."

Virginia. Laura Vozzella & Gregory Schneider of the Washington Post: "Two bills to abolish the death penalty in Virginia won final approval in the state General Assembly on Monday and were headed to Gov. Ralph Northam (D), who is expected to sign them. Virginia -- historically one of the nation's most prolific death penalty states -- would then become the first in the South to abandon the ultimate punishment. The state Senate approved by a vote of 22 to 16 a House bill that bans executions and establishes a maximum punishment of life in prison without the possibility of parole. A judge would have discretion to suspend part of that sentence -- a sticking point for some Republicans, who pushed unsuccessfully to make life without parole a mandatory minimum. An identical Senate bill, sponsored by Sen. Scott A. Surovell (D-Fairfax), passed the House by a 57-to-43 vote, with two Republicans joining all Democrats. Del. Michael P. Mullin (D-Newport News), a prosecutor for the city of Hampton, carried the House version."

~~~~~~~~~~

Today is the anniversary of George Washington's birth. He was a slaveholder all of his adult life, but he still was a better president than used-prez* Fatso.

Devlin Barrett of the Washington Post: "Attorney general nominee Merrick Garland plans to tell the Senate on Monday that if confirmed to become the nation's top law enforcement official, he will strive to lead an agency committed to battling discrimination in American life and extremist attacks on democracy. In written remarks prepared for delivery at his confirmation hearing before the Senate Judiciary Committee, Garland, 68, highlighted the history of the Justice Department, noting that the agency was formed in the aftermath of the Civil War, and that many of the issues it confronted then remain pressing concerns today." (Also linked yesterday afternoon.)

All the President*'s Lawsuits. Rosalind Helderman of the Washington Post: "The state of Michigan and the city of Detroit have asked a federal judge to sanction attorneys who filed lawsuits that falsely alleged the November vote was fraudulent, the first of several similar efforts expected around the country.An Atlanta-area prosecutor has launched a criminal investigation into whether pressure that ... Donald Trump and his allies put on state officials amounted to an illegal scheme to overturn the results of the presidential election. And defamation lawsuits have been filed against Trump's allies -- the start of what could be a flood of civil litigation related to false claims that the election was rigged and to the subsequent riot at the U.S. Capitol on Jan.& 6. Although Trump was acquitted by the Senate on a charge that his rhetoric incited the deadly Capitol siege, public officials and private companies are pursuing a multi-front legal effort to hold him and his allies accountable in other ways. The actions target the former president and numerous others -- including elected officials, media pundits and lawyers -- who indulged and echoed his falsehoods that President Biden did not win the election."

** "The Lost Hours." Mark Mazzetti & Luke Broadwater of the New York Times: "At 1:09 p.m. on Jan. 6, minutes after protesters had burst through the barricades around the U.S. Capitol and began using the steel debris to assault the officers standing guard, the chief of the Capitol Police made a desperate call for backup. It took nearly two hours for officials to approve the deployment of the National Guard. New details about what transpired over those 115 minutes on that dark, violent day -- revealed in interviews and documents -- tell a story of how chaotic decision-making among political and military leaders burned precious time as the rioting at the Capitol spiraled out of control.... This period is likely to be a focus of a congressional hearing on Tuesday, when lawmakers will publicly question Steven A. Sund, the Capitol Police chief at the time, and other current and former officials for the first time...."

Jennifer Valentino-DeVries, et al., of the New York Times: "As federal prosecutors unveil charges in the assault on the Capitol last month, they have repeatedly highlighted two militant groups -- the Oath Keepers and the Proud Boys -- as being the most organized, accusing them of planning their strategy ahead of time and in some cases helping escalate a rally into an attack. The two organizations stand in contrast to a majority of the mob. Of the more than 230 people charged so far, only 31 are known to have ties to a militant extremist group. And at least 26 of those are affiliated with the Oath Keepers or the Proud Boys.... Conspiracy charges, among the most serious levied so far, indicate that members of these groups may have worked together and planned their activities, potentially in ways that made them more dangerous than other rioters." MB: And isn't it odd?: both groups have known ties to Roger Stone who has known ties to Donald Trump.

Katelyn Polantz of CNN: "A leader in an alleged Oath Keepers conspiracy in the US Capitol insurrection claims she was given a VIP pass to the pro-Trump rally on January 6, had met with Secret Service agents and was providing security for legislators and others, including in their march to the Capitol, according to a new court filing. Attorneys for Ohio Oath Keeper Jessica Watkins detail how the efforts among paramilitants who are now accused of conspiracy on January 6 were closer to the apparatus around ... Donald Trump and his rally than was previously known.... The US Secret Service, in response to Watkins' claims in the Saturday filing, denied that private citizens were working with the Secret Service to provide security on January 6." (Also linked yesterday afternoon.)

Hannah Knowles of the Washington Post: "By taking part in the riots at the U.S. Capitol, Pennsylvania officer Joseph W. Fischer did not just break the laws he was tasked with enforcing, the FBI says -- he was also allegedly at 'the front of the pack pushing against the police.'... Fischer, a patrolman with the North Cornwall Township [east of Harrisburg] Police Department, is charged with obstructing law enforcement during 'civil disorder,' accused of aiding the insurrection that resulted in the deaths of one police officer and four others and left many others wounded. More than a dozen off-duty members of law enforcement are suspected of participating in the Jan. 6 riots.... But the allegations against Fischer stand out for how directly they pit him against members of his own profession."

A Mysterious Reversal of Fortunes. Eric Lipton of the New York Times: "A mining magnate who had been accused for years of corruption in deals he struck with leaders of the Democratic Republic of Congo, [Dan] Gertler had been slapped with stiff sanctions by the Trump administration in 2017, effectively cutting off his access to the international banking system and freezing money held in U.S. banks. He had unsuccessfully tried since then to get the sanctions rolled back by hiring high-powered lobbyists and lawyers, including Alan Dershowitz ... and the former F.B.I. director Louis Freeh. But with time running out on the Trump administration and the incoming Biden administration unlikely to give his pleas much of a hearing, Mr. Gertler put one last offer on the table.... In mid-January..., Treasury Secretary Steven Mnuchin granted Mr. Gertler much of what he wanted.... The decision stunned and angered American diplomats ... and government officials and human rights activists in the Democratic Republic of Congo.... The outcome was also distinguished by the secrecy of the process, which ... appeared to have been handled largely at the level of Mr. Mnuchin and Secretary of State Mike Pompeo. The decision became public only after Mr. Trump had left office."

Shawna Mizelle, et al., of CNN: "Democratic Rep. Alexandria Ocasio-Cortez had amassed $4.7 million in her fundraising efforts to help Texans hard hit by last week's winter storm as of Sunday evening, her press secretary Ivet Contreras confirmed to CNN. The New York Democrat launched her fundraiser Thursday.... While in Texas [over the weekend], the progressive lawmaker and other Democrats visited food distribution centers, water delivery sites and toured the damage left behind from an unprecedented storm." MB: What's Ted Cruz doing? Unpacking? Licking his wounds? -- it's unlikely the dog will do it.

Bill Whitaker of CBS' "60 Minutes" interviews federal judge Esther Salas. "Half the time someone is unhappy with a judge's ruling. The normal recourse is an appeal. But in the caustic atmosphere of today's politics, there's a real chance the disgruntled party will threaten the judge. In the last five years, threats of federal judges have jumped 400% to more than 4,000 last year -- many of them death threats, sometimes ending in violence. Now, judges are breaking with tradition and publicly calling on lawmakers to provide more protection. One of the strongest voices is federal judge Esther Salas. This past July, she was at home in New Jersey, in the basement with her son Daniel, cleaning up after his 20th birthday party, when a man disguised as a FedEx driver pulled up outside." This is a transcript of the interview and includes video.

Niraj Chokshi & Ben Dooley of the New York Times: "Boeing said on Sunday that all 128 of its 777 jetliners powered by a particular Pratt & Whitney engine model should be grounded worldwide until the Federal Aviation Administration determines the best way to inspect the engines. The aerospace giant issued its recommendation late Sunday, a day after a 777 operated by United Airlines suffered a dramatic engine failure over Colorado and hours after the head of the F.A.A. said he was requiring 'immediate or stepped-up inspections' of planes equipped with the Pratt & Whitney PW4000 family of engines, which are used only on 777s. The vast majority of Boeing 777s are equipped with engines made by GE Aviation. United, which is the only American carrier affected by the F.A.A. order, said it would temporarily ground the two dozen 777s powered by that Pratt & Whitney model that it had been flying. The National Transportation Safety Board is leading an investigation into the crash."

The Pandemic, Ctd.

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

Daniel Arkin of NBC News: "The U.S. death toll from the coronavirus topped 500,000 on Sunday, according to an NBC News tally -- a milestone that underscores the grave threat the virus still poses nationwide even as more Americans get vaccinated. The coronavirus has claimed the lives of more than 2,462,000 people worldwide, according to data compiled by Johns Hopkins University. The death toll in the U.S. is the highest in the world, even though the country has less than 5 percent of the global population.... More than 28,206,600 cases have been confirmed in the U.S., according to the NBC News tally." (Also linked yesterday afternoon.)

Chris Pollard of the Sun: "WEARING glasses makes you up to three times less likely to catch Covid, a study has found. Researchers found people with spectacles rub and touch their eyes less, which is a 'significant route of infection'. The analysis also found poor and uneducated people are more likely to get the virus - partly because they don't wear glasses as much. According to the report, published in India, people touch their faces 23 times an hour and their eyes three times an hour on average. Lead researcher Amit Kumar Saxena wrote: 'Transmission occurs by touching the face, nose, mouth and eyes.... 'Touching and rubbing of the eyes with contaminated hands may be a significant route of infection for the virus'." MB: Sorry to cite a British tabloid, but it was the only paper I found that carried a story I could access. One of the stories is a more reliable paper (-- the U.K. Independent or Telegraph --) noted that the study has not been peer-reviewed.

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

Beyond the Beltway

Florida. Shopping While Hispanic. Miami Herald in a Tampa Bay Times publication: "A Mount Sinai Medical Center anesthesiologist has been arrested and charged with a hate crime after police say she attacked a Hispanic man at a Hialeah Publix, vandalizing his car, calling him a racial slur and vowing to 'get rid of every single one of you.' She became enraged, police say, after the man asked her to maintain social distancing while in line at the supermarket. Dr. Jennifer Susan Wright, 58, a white ardent supporter of ... Donald Trump, has been charged with criminal mischief, tampering with a victim and battery with prejudice, a 'hate crime' enhancement that upgraded the charge to a felony." MB: I grew up in Hialieah; it makes me so proud to see my old home town make the news. Wright, BTW, is not from Hialeah, but from contiguous Miami Springs. Back when I went to high school, the Miami Springs kids went to Hialeah High; they were the (relatively) "rich kids," and many looked down their noses on us poor kids who lived in Hialeah. More than five decades later, it appears the demographic 'tude hasn't changed. (Also linked yesterday afternoon.) ~~~

     ~~~ Marie: Native Americans settled in Florida about 14,000 years ago. Somebody should tell Dr. Wrong that the first white people known to have gone ashore in what is now Florida were in an expedition headed by a Spaniard named Juan Ponce de León. It was he who named the region "la Florida." Dr. Wrong doesn't seem to know as much as schoolchildren do as to where she's at, the kids say.

Illinois. Maria Cramer of the New York Times: "Illinois has become the first state to completely eliminate cash bail, a result of a push by state legislators to end a practice they say keeps poor people in jail for months awaiting trial and disproportionately affects Black and Latino defendants. The change is part of a sweeping law signed by Gov. J.B. Pritzker, a Democrat, on Monday. He said the legislation would transform the state's legal system and increase accountability measures for police officers, such as requiring the use of body-worn cameras by police departments statewide."

Louisiana. Shootout at the Gun Shop. Stacey Plaisance of the AP (Feb. 20): "A person entered a gun store and shooting range in a New Orleans suburb and fatally shot two people Saturday, prompting customers and staff to open fire on the shooter, a sheriff said. The shooter also died. The shooting happened around 2:50 p.m. at the Jefferson Gun Outlet in the suburb of Metairie, according to a release from the Jefferson Parish Sheriff's Office. Sheriff Joseph Lopinto said the shooter initially struck two people inside, and then several other people -- whether employees or store customers -- opened fire on the shooter, both inside and outside of the building."

Oregon. Dick VanderHart of Oregon Public Broadcasting: "A conservative state senator from Myrtle Creek is the new chair of the Oregon Republican Party, following an event Saturday in which Republicans overhauled their top party leadership. According to multiple Republican sources, state Sen. Dallas Heard handily won the job, beating three-term chair and Adair Village Mayor Bill Currier.... The in-person election of top party officials was held Saturday at a VFW hall in Salem. Photos sent to OPB from a person who reported attending the event showed a hall packed with people in close quarters, none of them wearing face masks. The leadership swap comes at a time the Oregon GOP has gained national attention for passing a resolution claiming the Jan. 6 attack on the U.S. Capitol was a 'false flag' operation by leftist forces -- a conspiracy theory that has been debunked in the weeks since the incident."

Texas. Annie Gowen, et al., of the Washington Post: The deadly winter storm disaster "is one in a series that [Gov. Greg] Abbott has faced in his six years as governor: Hurricane Harvey in 2017, which resulted in the deaths of 68 people, at least six major mass shootings that left more than 70 people dead and a pandemic that has killed 42,000 in the state. In each crisis, Abbott often carefully studied the situation -- and its political ramifications -- before taking action, usually demanding future legislative changes that may never happen. He is known to deliver different messages to the various constituencies in his state, all while trying to build a national profile as a conservative leader. In the past, this approach seems to have worked.... [But] the Arctic chill of 2021 will probably loom large in next year's gubernatorial race, analysts say." ~~~

~~~ Nomaan Merchant of the AP writes a good overview of the Texas power crisis. (Also linked yesterday.)

News Ledes

Guardian: "Dutch authorities are investigating after a Boeing 747-400 cargo plane dropped engine parts shortly after takeoff from Maastricht airport. The Longtail Aviation Flight 5504 cargo plane scattered mostly small metal parts over the southern Dutch town of Meerssen on Saturday, causing damage and injuring a woman. The Bermuda-registered plane, which was headed from Maastricht to New York, was powered by Pratt & Whitney PW4000 engines, a smaller version of those on a United Airlines Boeing 777 involved in an incident in Colorado on Saturday."

New York Times: "Arturo Di Modica, a Sicilian-born sculptor best known for 'Charging Bull,' 3.5 tons of bronze belligerence that he illegally deposited in Lower Manhattan one night in 1989, died on Friday at his home in Vittoria, Italy. He was 80.... 'Charging Bull,' which Mr. Di Modica had made with his own hands and his own money, quickly became one of the most famous works of art in the country.... "

The Commentariat -- February 21, 2021

Afternoon Update:

Daniel Arkin of NBC News: "The U.S. death toll from the coronavirus topped 500,000 on Sunday, according to an NBC News tally -- a milestone that underscores the grave threat the virus still poses nationwide even as more Americans get vaccinated. The coronavirus has claimed the lives of more than 2,462,000 people worldwide, according to data compiled by Johns Hopkins University. The death toll in the U.S. is the highest in the world, even though the country has less than 5 percent of the global population.... More than 28,206,600 cases have been confirmed in the U.S., according to the NBC News tally."

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

Katelyn Polantz of CNN: "A leader in an alleged Oath Keepers conspiracy in the US Capitol insurrection claims she was given a VIP pass to the pro-Trump rally on January 6, had met with Secret Service agents and was providing security for legislators and others, including in their march to the Capitol, according to a new court filing. Attorneys for Ohio Oath Keeper Jessica Watkins detail how the efforts among paramilitants who are now accused of conspiracy on January 6 were closer to the apparatus around ... Donald Trump and his rally than was previously known.... The US Secret Service, in response to Watkins' claims in the Saturday filing, denied that private citizens were working with the Secret Service to provide security on January 6."

Devlin Barrett of the Washington Post: "Attorney general nominee Merrick Garland plans to tell the Senate on Monday that if confirmed to become the nation's top law enforcement official, he will strive to lead an agency committed to battling discrimination in American life and extremist attacks on democracy. In written remarks prepared for delivery at his confirmation hearing before the Senate Judiciary Committee, Garland, 68, highlighted the history of the Justice Department, noting that the agency was formed in the aftermath of the Civil War, and that many of the issues it confronted then remain pressing concerns today."

Nomaan Merchant of the AP writes a good overview of the Texas power crisis.

Florida. Shopping While Hispanic. Miami Herald in a Tampa Bay Times publication: "A Mount Sinai Medical Center anesthesiologist has been arrested and charged with a hate crime after police say she attacked a Hispanic man at a Hialeah Publix, vandalizing his car, calling him a racial slur and vowing to 'get rid of every single one of you.' She became enraged, police say, after the man asked her to maintain social distancing while in line at the supermarket. Dr. Jennifer Susan Wright, 58, a white ardent supporter of ... Donald Trump, has been charged with criminal mischief, tampering with a victim and battery with prejudice, a 'hate crime' enhancement that upgraded the charge to a felony." MB: I grew up in Hialeah; it makes me so proud to see my old home town make the news. Wright, BTW, is not from Hialeah, but from contiguous Miami Springs. Back when I went to high school, the Miami Springs kids went to Hialeah High; they were the (relatively) "rich kids," and many looked down their noses on us poor kids who lived in Hialeah. More than five decades later, it appears the demographic 'tude hasn't changed.

~~~~~~~~~~

Darlene Superville of the AP: "A month into the job..., [President] Biden is seeing his disaster management skills tested after winter storms plunged Texas, Oklahoma and neighboring states into an unusual deep freeze that left millions shivering in homes that lost heat and power, and in many homes, water. At least 69 deaths across the U.S. have been blamed on the blast of unseasonable weather. The White House announced on Saturday that the president had declared a major disaster in Texas, and he has asked federal agencies to identify additional resources to address the suffering.... The president is getting regular updates from his staff and already declared states of emergency in Texas, Oklahoma and Louisiana -- adding the disaster designation announced Saturday for Texas.... Biden has spoken to the governors of the seven states most affected by the winter weather. He tweeted a photo of himself on the phone with Republican Gov. Greg Abbott of Texas. Oklahoma's Republican Gov. Kevin Stitt, a staunch supporter of Trump's, was quick to praise Biden for swift action on a disaster declaration." (Also linked yesterday afternoon.)

Christopher Falvelle, et al., of the New York Times: "The week's continent-spanning winter storms triggered blackouts in Texas, Oklahoma, Mississippi and several other states. One-third of oil production in the nation was halted. Drinking-water systems in Ohio were knocked offline. Road networks nationwide were paralyzed and vaccination efforts in 20 states were disrupted. The crisis carries a profound warning. As climate change brings more frequent and intense storms, floods, heat waves, wildfires and other extreme events, it is placing growing stress on the foundations of the country's economy: Its network of roads and railways, drinking-water systems, power plants, electrical grids, industrial waste sites and even homes. Failures in just one sector can set off a domino effect of breakdowns in hard-to-predict ways. Much of this infrastructure was built decades ago, under the expectation that the environment around it would remain stable, or at least fluctuate within predictable bounds. Now climate change is upending that assumption."

David Smith of the Guardian: The Senate Judiciary Committee will hold a confirmation hearing on Merrick Garland Monday, Biden's pick for attorney general. "Progressives are expected to grill the 68-year-old about his commitment to racial justice, voting rights and domestic terror. Republicans might seek to wrong-foot him on how law enforcement should handle mass protests and on potential prosecutions, from Biden's son Hunter to ... Donald Trump." ~~~

~~~ Mark Leibovich of the New York Times: "When President Biden nominated Judge Garland last month to be attorney general, the news conjured up his ordeal in 2016 as President Barack Obama's thwarted nominee to the Supreme Court. But Judge Garland's experience prosecuting domestic terrorism cases in the 1990s was the formative work of his career.... In addition to Oklahoma City, Judge Garland supervised high-profile cases that included Theodore J. Kaczynski (a.k.a. the Unabomber) and the bombing at the Atlanta Olympics in 1996.... Judge Garland will take over what prosecutors are calling the biggest, most complex investigation in Justice Department history, the Capitol assault that led to the second impeachment of ... Donald J. Trump."

Used-prez* Fatso to speak at CPAC next week, every U.S. news outlet reports on its front page.

Josh Gerstein of Politico: "A federal judge in Washington on Friday formally referred a Minnesota lawyer for potential discipline over a lawsuit filed in December seeking to overturn President Joe Biden's wins in at least five battleground states. U.S. District Court Judge James Boasberg said the suit was so flimsy and legally flawed that it could merit the attorney who filed it, Erick Kaardal of Minneapolis, facing some sort of punishment from the court." (Also linked yesterday.)

Devlin Barrett of the Washington Post: "A 95-year-old former German concentration camp guard who made a new life in Tennessee was deported to his home country Saturday after an index card found in a sunken ship helped prove his Nazi ties. Friedrich Karl Berger was deported to Germany after U.S. authorities determined he once served at a subcamp of the Neuengamme concentration camp system near Hamburg. The camp held Russian, Dutch and Polish civilians, as well as Jewish prisoners and political opponents from France, Italy and other countries. In the winter of 1945, according to Berger's removal order, prisoners were forced to live in 'atrocious' conditions and work 'to the point of exhaustion and death.'... [Besides the deaths in the camp,] hundreds more were killed when they were placed on two ships at anchor in the Bay of Lubeck in the Baltic Sea. The ships were mistakenly bombed by British warplanes in May 1945 during the last week of the war in Europe. Justice Department historians were able to document Berger's service at the camp in part with information from an index card found in one of the sunken ships several years after the bombing. The card summarized Berger's work in the camp system." It's not clear Germany will prosecute him.

The Pandemic, Ctd.

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

Lauran Neergaard of the AP: "You're fully vaccinated against the coronavirus -- now what? Don't expect to shed your mask and get back to normal activities right away.... The Centers for Disease Control and Prevention hasn't yet changed its guidelines: At least for now, people should follow the same rules as everybody else about wearing a mask, keeping a 6-foot distance and avoiding crowds -- even after they've gotten their second vaccine dose.... The vaccines are highly effective at preventing symptomatic COVID-19, especially severe illness and death -- but no one yet knows how well they block spread of the coronavirus."

Florida. Matt Dixon of Politico: "Florida is getting four federally-backed Covid-19 vaccination hubs in largely low-income communities of color, an announcement that comes after Gov. Ron DeSantis initially clashed with the Biden administration over federal vaccine help. The new sites, which were announced Friday, will be in areas of Jacksonville, Tampa, Miami and Orlando picked through a federal vulnerability index that considered things like minority population, socioeconomic status and housing types.... DeSantis made no mention of the four new federally backed vaccination sites during a public event held shortly before they were announced. That event in Palm Beach County was set up by DeSantis' taxpayer-funded office, but had the appearance of a campaign rally, including a [MB: maskless] cheering audience and at least one attendee wearing a shirt that said 'Masks are Slavery.'... Last month, DeSantis dismissively referred to the Biden administration's planned vaccine sites as 'FEMA camps.'" MB: DeSantis really does not want minorities & Democrats to get the vaccines. (Also linked yesterday afternoon.)

Beyond the Beltway

Texas. Dillion Collier of KSAT San Antonio: "Top officials of ERCOT, the Texas council that regulates the state's electric grid, spent less than 40 seconds discussing the impending winter storm during the entity's [two-and-a-half-hour] board meeting last week.... ERCOT President & CEO Bill Magness briefly addressed the winter weather at the start of his report before quickly moving on." Magness said "... We do have a cold front coming this way.... And operations has issued an operating condition notice just to make sure everyone is up to speed with their winterization and we're ready for the several days of pretty frigid temperatures to come our way...." MB: That went well. ~~~

~~~ Adding Insult to Injury -- Big-time. Brooke Seipel of the Hill: "Some Texans say they're getting massive electric bills following the winter storm that caused chaos throughout the state this past week. NBC News reports that some Texans are getting bills as high as $10,000, while local ABC News affiliate WFAA in Dallas says one man's bill shows him owing more than $17,000.... The families who saw their bills spike were reportedly on variable-rate plans with Griddy, an electricity provider in the state. Griddy had recommended that customers switch to a different provider this week, warning them to find fixed-rate plans instead as it predicted the climbing cost of electricity due to the spiking demand. But many customers who tried to switch said other companies were not accepting new customers until weeks into the future, leaving them stuck with their large bills." ~~~

     ~~~ New York Times Update: "... scores of Texans ... have reported skyrocketing electric bills as the price of keeping lights on and refrigerators humming shot upward. For customers whose electricity prices are not fixed and are instead tied to the fluctuating wholesale price, the spikes have been astronomical. The outcry elicited angry calls for action from lawmakers from both parties and prompted Gov. Greg Abbott, a Republican, to hold an emergency meeting with legislators on Saturday to discuss the enormous bills.... The steep electric bills in Texas are in part a result of the state's uniquely unregulated energy market...." This is part of a live-blog. MB: Look how Abbott again tried to shift the blame to Democrats: "[Abbott] added that Democrats and Republicans would work together to make sure people 'do not get stuck with skyrocketing energy bills.'" Democrats had nothing to do with creating this unregulated mess, & at least one Democratic legislator tried to reform the system, but Republicans refused to even hear the proposed bill.

~~~ What's a Rich Public "Servant" to Do? Ana Murillo of the Daily Beast: "Texas state lawmaker Gary Gates lost power at his Fort Bend County home on Tuesday evening, and on Wednesday morning he hopped on his private jet to the magical land of Orlando, Florida. His ill-timed escape came on the same day Sen. Ted Cruz (R-TX) and his family flew to Cancun, just as the extreme winter storm unfolded into a once-in-a-generation crisis in Texas.... Gates told local TV station KPRC 2 Houston in an interview that he needed to get to a place where he would have 'dependable power, dependable internet and dependable phone service' in order to continue his professional duties.... Adding confusion to an already baffling decision, a reporter from the Fort Bend Star tweeted that Gates' chief of staff told him Gates flew to Orlando for a business meeting." MB: Gates is a state rep. ~~~

~~~ Marie: A lot of Texans are secessionists. They think Texas is so exceptional that the state should declare independence & go it alone. Since I don't live in Texas, that's fine with me; they can go. Well, Texas' most exceptional quality is its multiples energy sources, so you might Texas would be the one state that never had an energy crisis. And now we see how that's worked out. They're calling FEMA & getting charity donations from Alexandra Ocasio-Cortez.

Way Beyond

Russia. Vladimir Isachenkov of the AP: "A Moscow court on Saturday rejected Russian opposition leader Alexei Navalny's appeal of his prison sentence, even as the country faced an order from a top European rights court to free the Kremlin's most prominent foe. A few hours later, a judge in a separate case ordered Navalny to pay a fine for defaming a World War II veteran. During the first court hearing, Navalny urged Russians to stand up to the Kremlin in a fiery speech mixing references to the Bible and 'Harry Potter.'" (Also linked yesterday afternoon.)

News Lede

New York Times: "Shlomo Hillel, a Baghdad-born Israeli operative who in the late 1940s and early '50s used bribes, fake visas and a network of smugglers to move more than 120,000 Jews from Iraq to Israel, died on Feb. 8 at his home in Ra'anana, Israel. He was 97."