The Commentariat -- February 4, 2021

Afternoon Update:

Invitation to a Perjury Rap. Jeremy Herb of CNN: "The House impeachment managers are requesting ... Donald Trump testify before or during his Senate impeachment trial, making the request in a letter Wednesday that raises the stakes of the trial scheduled to begin next week. This story is breaking and will be updated." Marie: My man Chuck Todd reported (at 1:16 pm ET) that Rep. Jamie Raskin (D-Md.), the lead House impeachment manager, has written to Trump asking him to testify at his impeachment trial, giving Trump till 5 pm tomorrow to reply. No link.

Daniel Lippman & Gabby Orr of Politico: "Former Vice President Mike Pence is joining the Heritage Foundation as a distinguished visiting fellow, the conservative think tank announced on Thursday. He will advise the organization's experts on issues as well as give a number of policy addresses at Heritage, according to the announcement. He will also write a regular column for the think tank's news outlet, the Daily Signal." MB: I suppose those columns will be as valuable as the ones he used to write, like how "smoking doesn't kill" & how "only the theory of intelligent design provides even a remotely rationale explanation for the known universe."

Shia Kapos of Politico: "Illinois Rep. Adam Kinzinger got hit with his first formal rebuke late Wednesday from Republican officials in his district for voting to impeach ... Donald Trump. The LaSalle County Republican Central Committee overwhelmingly passed a resolution censuring the GOP congressman for taking actions 'contrary to the values' of the party...."

Virginia. Reid Wilson of the Hill: "Virginia legislators appear poised to abolish the death penalty in the coming days, a step that would make it the first Southern state to end the practice of capital punishment. A bill to end capital punishment passed the state Senate on Wednesday by a 21-17 margin. The state House of Delegates is set to take up companion legislation as early as Friday. Gov. Ralph Northam (D) supports an end to the death penalty."

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Paul Sonne of the Washington Post: "The United States formally extended a critical nuclear accord with Russia on Wednesday for five years, opting to prolong limits on the arsenals of both nations two days before the treaty's expiration date and bringing a measure of stability to U.S.-Russia relations on nuclear matters. Secretary of State Antony Blinken said in a statement that the extension of the New START accord ensures verifiable limits will remain on Russian intercontinental ballistic missiles, submarine launch ballistic missiles and heavy bombers until 2026, and keeps in place a mutual verification regime that gives the United States greater insight into Russia's nuclear posture." (Also linked yesterday.)

Jessica Corbett of Common Dreams: "In another early win for organized labor, President Joe Biden on Tuesday requested that all 10 members of a key federal panel -- who were appointed by his predecessor-- immediately resign, and then fired the two appointees who refused to do so. As Government Executive noted..., Donald Trump had stacked the Federal Service Impasses Panel (FSIP), which handles disputes between agencies and unions during collective bargaining negotiations, 'with anti-labor partisans, most of whom lacked experience in labor-management relations or conflict resolution.'"

Judge-a-palooza. Ann Marimow & Matt Viser of the Washington Post: "President Biden's top advisers have spent months building an extensive pipeline of judicial nominees to fill court vacancies throughout the country, attempting to swiftly remake portions of the judiciary and undo one of his predecessor's most significant achievements.... Donald Trump dramatically reshaped the courts over his four-year term with a record pace of nominations, and now Biden -- who took part in hundreds of confirmations as the top Democrat on the Senate Judiciary Committee -- is eager to leave his mark with nominees of his own. More than a third of judges nationwide serving on federal appeals courts one level below the Supreme Court are eligible to step back from active service. With Democrats narrowly controlling the Senate -- and with the prospect that they could lose control during the 2022 midterms -- Biden intends to move quickly to fill openings that arise on courts affecting significant policies, including environmental regulations, gun laws and immigration." (Also linked yesterday.)

Brian Faler of Politico: "A federal judge on Wednesday granted the Biden administration's request for another month to decide how to proceed in a long-running court fight over ... Donald Trump's tax returns. In a court filing, the administration asked Judge Trevor McFadden to give it until March 3 to consider the case, pointing to the 'still-ongoing transition to new leadership at the Department of the Treasury and the Department of Justice.'... The new administration could simply hand over the documents to its allies in Congress, possibly without Trump even knowing."

Lauren Lumpkin of the Washington Post: "The Justice Department has dropped a lawsuit that accused Yale University of discriminating against Asian and White applicants, according to a federal court filing. The decision, announced Wednesday, is a reversal from the stance the Justice Department took under the Trump administration, which repeatedly challenged the issue of race in admissions. The lawsuit filed against Yale in October accused the Ivy League university of favoring certain applicants based on race, rather than using other means to achieve diversity in its student population." (Also linked yesterday.) An NBC News story is here.

Jordain Carney of the Hill: "Majority Leader Charles Schumer (D-N.Y.) and Minority Leader Mitch McConnell (R-Ky.) have reached a deal on the organizing resolution for running a 50-50 Senate.... 'We will pass the resolution through the Senate today, which means that committees can promptly set up and get to work with Democrats holding the gavels,' Schumer [said.]... The new agreement comes after the Senate has been stuck in limbo since Jan. 20, the day Democrats took over the chamber's majority. Though Democrats have controlled the floor, Republicans still wielded power in Senate committees because the chamber hadn't passed a new organizing resolution for the 117th Congress." (Also linked yesterday.) ~~~

~~~ "The Senate Has Become a Dadaist Nightmare." Ezra Klein of the New York Times: "Budget reconciliation reveals the truth of how the Senate legislates now. To counter the minority's abuse of the filibuster rule, the majority abuses another rule, ending in a process that makes legislation systematically and undeniably worse. The world's greatest deliberative body has become one of its most absurd.... Suffice to say, in a closely divided Senate, with highly polarized parties, it's almost impossible to get 60 votes on major legislation. But there's a workaround, and that workaround is getting both wider and dumber.... [Because of limits imposed on reconciliation in 1974 -- when it was created -- & in 1990,] when Congress writes laws through budget reconciliation, it writes them with one arm tied behind its back.... Even worse is the way budget reconciliation quietly decides which kinds of problems the Senate addresses, and which it ignores, years after year.... You can also only do a limited number of budget reconciliation packages each fiscal year. That forces legislators to craft giant bills that jam every legislative priority into one rushed package.... No one would ever design a legislative body that worked this way...."

A New York Times story, covering the closed-door GOP House meeting yesterday afternoon & evening is here. ~~~

~~~ Juliegrace Brufke, et al., of the Hill: "The establishment wing of the GOP won a rare and dramatic victory Wednesday night, when Rep. Liz Cheney (R-Wyo.) beat back an attempt by Donald Trump's staunchest allies to knock her from power as retribution for voting to impeach the former president just three weeks earlier. The 145-61 vote, conducted by secret ballot, followed a marathon, closed-door 'family discussion' in the basement of the Capitol Visitors Center, where dozens of House Republicans lined up to voice their frustrations with the Wyoming Republican, the most powerful GOP woman in Congress, and called for her removal as conference chair, a role that entails leading the party's messaging efforts. The critics' resolution -- led by House Freedom Caucus Chairman Andy Biggs (R-Ariz.) and Rep. Matt Rosendale (R-Mont.) -- maintained that Cheney, by attacking the Republicans standard-bearer, had forfeited her right to represent the party at the leadership table.... House Minority Leader Kevin McCarthy (R-Calif.), who had previously voiced 'concerns' over Cheney's impeachment vote..., rose to defend her in an impassioned speech during Wednesday's meeting. McCarthy said he wanted to end the internal feud and that his leadership team should remain intact."

~~~ Manu Raju, et al., of CNN: "Rep. Liz Cheney, the No. 3 House Republican, defended her support for impeachment vote as a vote of her conscience during a contentious closed-door GOP conference meeting Wednesday, a person in the room told CNN. 'I won't apologize for the vote,' Cheney told the House Republican conference.... Cheney delivered an eight-minute speech near the beginning of the Wednesday meeting, two people in the room said, offering what was described as a calm yet firm defense of the Constitution." No standing O.

~~~ The Party of Q. Mike DeBonis of the Washington Post: "In a statement released as he addressed his members behind closed doors [Wednesday], House Minority Leader Kevin McCarthy (R-Calif.) condemned [Marjorie] Greene's comments questioning the veracity of school shootings, encouraging political violence and promulgating anti-Semitic falsehoods. But he said he would not bow to demands that she be removed from her committee assignments and accused Democrats of pursuing a 'partisan power grab' by seeking to control the minority party's internal decision-making and following a double standard on member conduct.... As Republicans met..., the Democratic-run House Rules Committee voted to advance a measure stripping Greene of her committees, setting up a floor vote Thursday." MB: QAnon is not the sideshow any more. The Hill's story is here. ~~~

     ~~~ Marie: Hours before the meeting, McCarthy was on the teevee pretending to honor the memory of Brian Sicknick, the Capitol policeman killed by Trump's Raiders, who arrived with the support of McCarthy, Greene & more than half of the House GOP caucus. ~~~

     ~~~ Standing O for Q. Juliegrace Brufke of the Hill: "Rep. Marjorie Taylor Greene (R-Ga.) apologized for her past controversial remarks and embrace of the QAnon conspiracy theory during a heated closed-door House GOP conference meeting -- and received a standing ovation at one point from a number of her colleagues." ~~~

~~~ Mike Lillis of the Hill: "House Democratic leaders are gearing up to vote Thursday on legislation stripping Rep. Marjorie Taylor Greene (R-Ga.) of her committee spots -- unless Republican leaders do it first. House Majority Leader Steny Hoyer (D-Md.) spoke with his counterpart, Rep. Kevin McCarthy (R-Calif.), about Greene's fate Wednesday morning, with Hoyer suggesting afterwards that the GOP leader is not ready to remove the controversial conservative firebrand from a pair of top committees." ~~~

     ~~~ MTG Headed Hate Group. David Corn of Mother Jones: "Before she was elected to the House of Representatives as a member from Georgia, Marjorie Taylor Greene, the Trumpy, QAnon-friendly, conspiracy-toting, gun-lovin', mass-shooting-denying, assassination-promoting lightning-rod Republican, was a top official of the Family America Project, a right-wing outfit. In that capacity, she served as one of a handful of moderators of the group's Facebook page, which has provided a forum for death threats against Democrats, bigoted attacks on the Obamas and others, and assorted conspiracy theories.... Greene's official congressional biography proudly identifies her as the onetime national director of the Family America Project, which describes itself as a 'national umbrella organization connecting, uniting, and informing statewide grassroots groups and activists; working together and mobilizing to support President Trump [and] American roots and culture.'" MB: Yeah, that "American roots and culture" is the tell. ~~~

     ~~~ Marie: Here's my prediction (and I'm as often wrong as I am right): MTG is a flash-in-the-pan who will soon fall out of favor, not because her colleagues will see the error of their ways (they won't) but because Donald Trump probably already is irritated by all the attention she is receiving. Deprived of his job & his various megaphones, the Man of Mar-a-Lardo is getting second billing to MTG even as his impeachment trial looms. I hope Time puts Mizz Marjorie on its cover, to goose the moment Trump dumps Marge. ~~~

~~~ In Case You Think the "Party of Q" Is an Exaggeration. Margaret Talev of Axios: "Conspiracist Rep. Marjorie Taylor Greene is far more popular than Rep. Liz Cheney among Americans who align with the Republican Party, according to a new Axios-SurveyMonkey poll." Greene got a net favorability rating of 10; Cheney's was -28 (that's "minus 28"). MB: The last time Republicans held primaries, their voters strongly preferred Trump & Cruz over less insane candidates like Kasich, Jeb! & Christie, none of whom registered more than blips in the early primaries & dropped out fast. That wasn't a fluke. And it's clear from the Axios survey that those voters didn't get over it. There is only one major political party that makes sense, and millions of voters who prefer the one that doesn't.

Nicholas Fandos of the New York Times: "More than 370 Democratic congressional aides issued an unusual public appeal on Wednesday, imploring senators -- in some cases their own bosses -- to convict ... Donald J. Trump for inciting a violent 'attack on our workplace' that threatened the peaceful transition of power. In a starkly personal letter, the staff members describe ducking under office desks, barricading themselves in offices or watching as they witnessed marauding bands of rioters who 'smashed' their way through the Capitol on Jan. 6. Responsibility, they argue, lies squarely with Mr. Trump and his 'baseless, monthslong effort to reject votes lawfully cast by the American people.'... Despite tentative interest from some, people familiar with the effort said, no Republican aides ultimately signed on."

Shut Down This Guy. Eric Geller of Politico: "CISA may have made a mistake by aggressively combating disinformation that was popular with conservatives during the 2020 election, the agency's acting director suggested on Wednesday. 'This agency has long benefited from broad bipartisan support in this country and with our colleagues on the Hill, and I think that future political leadership will not want to jeopardize that,' Brandon Wales said during the National Association of Secretaries of State's winter conference. 'And so I think we need to look at the appropriate role that CISA plays when it comes to countering disinformation.'" Wales is a career employee who took over after Trump fired the agency's Trump appointee Christopher Krebs. "Asked to clarify Wales' remarks, a[n anonymous] CISA spokesperson said the agency remained proud of its work on its Rumor Control fact-checking page and described it as 'an example of where CISA was able to add value during the 2020 election by successfully debunking disinformation.'" MB: An "anonymous" spokesman? What the hell does that mean?

Spencer Hsu of the Washington Post: "Social media posts by a Washington state member of the Proud Boys arrested Wednesday indicate that he and others were planning in advance to organize a group that would attempt to overwhelm police barricades and breach the U.S. Capitol on Jan. 6, U.S. prosecutors alleged. Ethan Nordean, 30, and others appeared motivated in part by what they perceived to be an insufficient police response to the stabbing of one of their members who attended a December pro-Trump demonstration in Washington, D.C., the FBI said in charging papers. Nordean, also known as Rufio Panman, was charged with attempting to obstruct Congress's certification of President-elect Joe Biden's electoral college victory, punishable by up to 20 years in prison, as well as additional counts, the Justice Department said.... ~~~

~~~ "Separately on Wednesday, U.S. authorities announced an indictment with new accusations against two previously charged men, self-described Hawaii Proud Boys founder Nicholas R. Ochs, 34, and Nicholas DeCarlo, 30, of Burleson, Tex. A seven-count indictment accuses the men of conspiring to plan, raise money and travel to Washington to disrupt Congress, posting images and video of the incursion in real-time, and defacing the U.S. Capitol's Memorial Door with the words 'MURDER THE MEDIA,' the name of their social media video collective." The New York Times story is here.

Mark Hosenball & Sarah Lynch of Reuters: “The U.S. Justice Department is considering whether to charge members of far-right groups involved in the deadly Jan. 6 storming of the Capitol under a federal law usually used against organized crime, according to two law enforcement sources. The Racketeer Influenced and Corrupt Organizations Act, known as RICO, enables prosecutors to combat certain ongoing racketeering crimes such as murder, kidnapping, bribery and money laundering. The 1970 statute provides for hefty criminal penalties including up to 20 years in prison and seizure of assets obtained illegally through a criminal enterprise." MB: Rudy Giuliani helped make the RICO act famous when he was a federal prosecutor. Maybe now he'll be charged under it.

Canada. Andy Blatchford of Politico: "Canada has branded the Proud Boys a terrorist entity, saying its members 'played a pivotal role' in the Jan. 6 attack on the U.S. Capitol that left five people dead. The announcement Wednesday by Prime Minister Justin Trudeau's government puts the far-right group in the same category as the Islamic State, al Qaeda, al Shabaab, Boko Haram and the Taliban."

Nick Miroff & Kevin Sieff of the Washington Post: "The Mexican government has stopped taking back Central American families 'expelled; at the U.S. border under a Trump-era emergency health order related to the coronavirus, a shift that has prompted U.S. Customs and Border Protection to release more parents and children into the U.S. interior, according to five U.S. officials. The change, which has not been publicly disclosed, raises concerns in U.S. border communities and at the Department of Homeland Security because the large-scale release of parents and children into the United States has triggered previous waves of unauthorized migration. In a statement, CBP spokesperson Stephanie Malin acknowledged an increase in the number of families released after crossing the border.... 'Mexico is only accepting single adults now, not families or children,' said one U.S. official who, like others, was not authorized to speak publicly about the change."

Scottish Parliament Votes Against Imposing Trump "McMafia" Order. William Booth & David Fahrenthold of the Washington Post: "Scotland's Parliament on Wednesday voted against a proposal to urge an investigation into the finances of ... Donald Trump's Scottish golf courses -- saying such questions should be left to police, without political pressure. Trump owns two golf courses in Scotland, and he has invested more than $289 million into them without ever turning a profit. Some Scottish lawmakers want their government to seek an 'unexplained wealth order' -- a tool used to fight money laundering -- to investigate where Trump got the money. But First Minister Nicola Sturgeon, Scotland's leader, has said those decisions should be made by law enforcement officials. On Wednesday, as expected, Scotland's Parliament agreed with Sturgeon."

Michael Forsythe & Walt Bogdanich of the New York Times: "McKinsey & Company, the consultant to blue-chip corporations and governments around the world, has agreed to pay $573 million to settle investigations into its role in helping 'turbocharge' opioid sales, a rare instance of it being held publicly accountable for its work with clients. The firm has reached the agreement with attorneys general in 47 states, the District of Columbia and five territories, according to five people familiar with the negotiations. The settlement comes after lawsuits unearthed a trove of documents showing how McKinsey worked to drive sales of Purdue Pharma's OxyContin painkiller amid an opioid epidemic in the United States that has contributed to the deaths of more than 450,000 people over the past two decades."

The Pandemic, Ctd.

The Washington Post's live updates of Covid-19 developments Thursday are here. The New York Times' live updates for Friday are here.

** Joe Davidson of the Washington Post: "A government watchdog study ... amounts to a wide-reaching condemnation of ... Donald Trump's botched response to the covid-19 pandemic. The 346-page Government Accountability Office document, much longer than most, outlines broad Trump administration failures so alarming that the normally circumspect auditors pronounced themselves 'deeply troubled.' That constitutes an anguished cry from an office that prides itself on just-the-facts, albeit dull, reports. Almost 90 percent -- 27 of 31 -- of the GAO's recommendations from June, September and November 'remained unimplemented' as of Jan. 15, less than a week before Trump left office. The document was released last week.... The report details a bungled Trump administration response to a virus that has killed over 445,000 Americans, far more than in any other nation." MB: I don't see why this report didn't make the front page of the papers.

David McSwane of ProPublica: "An amateur mask broker who was awarded more than $38 million in federal contracts to provide N95 masks has pleaded guilty to defrauding three different federal agencies as part of a scheme to profit from the COVID-19 pandemic. Robert Stewart Jr., 35, pleaded guilty to three counts of making false statements, wire fraud and theft of government funds Wednesday in U.S. District Court in the Eastern District of Virginia, including charges that he lied to the Department of Veterans Affairs in April in order to win a $34.5 million no-bid deal to supply personal protective equipment to nurses and doctors in a sprawling health system serving 9 million veterans. He similarly acknowledged lying to the Federal Emergency Management Agency when he stated he had masks 'stored securely in our climate control warehouse located in VA and PA,' according to his plea agreement."

Beyond the Beltway

Ohio. Will Wright of the New York Times: "A Columbus police officer who was fired after fatally shooting a Black man in December was arrested and charged with murder on Wednesday, Attorney General Dave Yost of Ohio announced. The officer, Adam Coy, a 19-year veteran who is white, was also charged with felonious assault and two counts of dereliction of duty. Mr. Coy shot Andre Hill four times after responding to a call about a suspicious vehicle. When he and another officer arrived at the scene, Mr. Coy found Mr. Hill in a garage and opened fire within seconds.... Mayor Andrew Ginther of Columbus, who demoted the city's police chief last week, thanked the grand jury for its service. 'The indictment does not lessen the pain of his tragic death for Mr. Hill's loved ones, but it is a step towards justice,' he wrote on Twitter."

Wisconsin. Hannah Knowles & Kim Bellware of the Washington Post: "Kenosha County, Wis., prosecutors on Wednesday sought a new arrest warrant and higher bond for Kyle Rittenhouse, who is charged with fatally shooting two people amid protests in Kenosha last summer, alleging that the 18-year old from Illinois failed to notify authorities of a change in address. In the three-page motion filed late Wednesday afternoon, prosecutors alleged Rittenhouse had 'minimal incentive to comply with his bond conditions' because his $2 million bond had been paid by a 'dubious Internet fundraising campaign.' Rittenhouse is accused of killing two men and injuring a third during unrest in Kenosha following the police shooting of Jacob Blake, a Black man. Championed by some gun rights groups and conservatives as a hero who shot in self-defense and wanted to protect the community from rioting, Rittenhouse left custody last fall with bail raised by a right-wing nonprofit." ~~~

     ~~~ Brad Evans of WISN News Milwaukee: "Prosecutors filed a motion Wednesday saying the court was unable to deliver a hearing notice for Rittenhouse at the address he listed as his home on his release paperwork. The notice was returned to the court because a forwarding address was not known. Prosecutors wrote in their filing Rittenhouse failed to notify the court of a change of address or telephone number within 48 hours."

The Commentariat -- February 3, 2021

Late Morning/Afternoon Update:

Paul Sonne of the Washington Post: "The United States formally extended a critical nuclear accord with Russia on Wednesday for five years, opting to prolong limits on the arsenals of both nations two days before the treaty's expiration date and bringing a measure of stability to U.S.-Russia relations on nuclear matters. Secretary of State Antony Blinken said in a statement that the extension of the New START accord ensures verifiable limits will remain on Russian intercontinental ballistic missiles, submarine launch ballistic missiles and heavy bombers until 2026, and keeps in place a mutual verification regime that gives the United States greater insight into Russia's nuclear posture."

Judge-a-palooza. Ann Marimow & Matt Viser of the Washington Post: "President Biden's top advisers have spent months building an extensive pipeline of judicial nominees to fill court vacancies throughout the country, attempting to swiftly remake portions of the judiciary and undo dramatically reshaped the courts over his four-year term with a record pace of nominations, and now Biden -- who took part in hundreds of confirmations as the top Democrat on the Senate Judiciary Committee -- is eager to leave his mark with nominees of his own. More than a third of judges nationwide serving on federal appeals courts one level below the Supreme Court are eligible to step back from active service. With Democrats narrowly controlling the Senate -- and with the prospect that they could lose control during the 2022 midterms -- Biden intends to move quickly to fill openings that arise on courts affecting significant policies, including environmental regulations, gun laws and immigration."

Lauren Lumpkin of the Washington Post: "The Justice Department has dropped a lawsuit that accused Yale University of discriminating against Asian and White applicants, according to a federal court filing. The decision, announced Wednesday, is a reversal from the stance the Justice Department took under the Trump administration, which repeatedly challenged the issue of race in admissions. The lawsuit filed against Yale in October accused the Ivy League university of favoring certain applicants based on race, rather than using other means to achieve diversity in its student population."

Jordain Carney of the Hill: "Majority Leader Charles Schumer (D-N.Y.) and Minority Leader Mitch McConnell (R-Ky.)have reached a deal on the organizing resolution for running a 50-50 Senate.... 'We will pass the resolution through the Senate today, which means that committees can promptly set up and get to work with Democrats holding the gavels,' Schumer [said.]... The new agreement comes after the Senate has been stuck in limbo since Jan. 20, the day Democrats took over the chamber's majority. Though Democrats have controlled the floor, Republicans still wielded power in Senate committees because the chamber hadn't passed a new organizing resolution for the 117th Congress."

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Erica Werner, et al., of the Washington Post: "President Biden urged Senate Democrats on Tuesday to go big on coronavirus relief, making an aggressive case in favor of his $1.9 trillion rescue package as Democrats took the first steps to advance the legislation.... Biden addressed Senate Democrats ... on a private lunchtime call ... a day after meeting with a group of Republican senators who are pushing a much narrower, $618 billion bill. The president made clear to Senate Democrats that he viewed a proposal of that size as inadequate and that the risks of going small outweighed the risks of going big, the people said. Press secretary Jen Psaki emphasized in a press briefing shortly thereafter that the White House stood by the $1.9 trillion top-line figure of its plan." ~~~

~~~ Luke Broadwater & Jim Tankersley of the New York Times: "Democrats are taking steps to push through President Biden's $1.9 trillion economic rescue plan, using a budgetary maneuver that could eventually allow the measure to become law without Republican support. The move advanced the two-track strategy that Mr. Biden and Democratic leaders are employing to speed the aid package through Congress: show Republicans that they have the votes to pass an ambitious spending bill with only Democratic backing, but offer to negotiate some details in hopes of gaining Republican support.... The party-line vote of 50 to 49 set the stage for Democrats to advance Mr. Biden's plan through budget reconciliation.... On Tuesday, a key Democratic senator announced he would support it: Joe Manchin III of West Virginia, who is a crucial swing vote, said he would agree to move forward with the budget process 'because we must address the urgency of the Covid-19 crisis.'... [But he said that in the final vote on the bill,] 'I will only support proposals that will get us through and end the pain of this pandemic.'" A Reuters story is here. ~~~

~~~ Oh, for Pete's Sake. Jordain Carney of the Hill: "Sen. Joe Manchin (D-W.Va.) said Tuesday that he does not support increasing the minimum age to $15 an hour -- a critical roadblock to including the proposal in the final coronavirus relief bill. '... I'm supportive of basically having something that's responsible and reasonable,' Manchin told The Hill, asked if he is supportive of a $15 per hour minimum wage. Manchin added that for West Virginia, his home state, that would be $11 per hour, and adjusted to inflation." MB: Let's see Joe try to get by for a few months on $11/hour.

Kevin Sieff of the Washington Post: "President Biden on Tuesday announced the start of efforts to identify and reunite hundreds of families who were separated at the U.S.-Mexico border by the Trump administration and remain apart years later. President Biden signed an executive order creating a task force to reunite the families, a step toward fulfilling a campaign promise.... Administration officials ... said the task force, chaired by Homeland Security Secretary Alejandro Mayorkas, would meet regularly with the president and make recommendations.... Because of poor government record keeping [by the Trump administration], it remains unclear how many parents were deported without their children and where they are currently living -- a major challenge facing any reunion effort. Attorneys and advocates have been unable to find hundreds of separated families...." ~~~

     ~~~ Update (a/k/a Never Mind): "A federal magistrate has not granted permission for Jenny Cudd to leave the country, as indicated in a previous version of this story."

Lara Seligman & Connor O'Brien of Politico: "Defense Secretary Lloyd Austin has removed members of the Pentagon's advisory boards in a sweeping effort to oust a series of last-minute appointees by the Trump administration according to defense officials and a memo obtained by Politico. In the memo dated Saturday, Austin fired all members serving on 31 defense advisory boards effective Feb. 16, including the Defense Policy Board, the Defense Business Board, and the Defense Innovation Board. Austin directed the immediate suspension of operations for 42 panels in total, while the Pentagon completes a 'zero-based review' of the department's boards and commissions. The news, first reported by The Wall Street Journal, affects only members who were appointed by the defense secretary, or one of the civilian or military leaders of the armed services, not to those appointed by the president or Congress." MB: Luckily for them, Kellyanne Conway & Sean Spicer, among other infamous Trumpies, will keep their advisory posts. Is Sean planning to advise the generals on the best dance moves?

Clare Foran & Ted Barrett of CNN: "The Senate voted Tuesday to confirm Alejandro Mayorkas as Homeland Security secretary, the first Latino and immigrant to serve at the helm of the department. His confirmation will fill a critical role in the new administration and he'll be expected to swiftly begin rolling back Trump administration immigration policies while juggling the response to a global pandemic and national security threats, along with restoring a department that's been rattled by leadership turnover and vacancies in recent years. The Senate also voted Tuesday to confirm Pete Buttigieg as transportation secretary, making him the first Senate-confirmed LGBTQ Cabinet secretary.... The role of transportation secretary is expected to play a central role in Biden's push for a bipartisan infrastructure package." Republicans attempted to filibuster Mayorkas, but "several Republican senators did ... cross party lines to vote with Democrats in support of breaking the filibuster of the nomination, including Sens. Mitt Romney of Utah, Susan Collins of Maine, Lisa Murkowski of Alaska, Rob Portman of Ohio and Shelley Moore Capito of West Virginia."

Felicia Sonmez of the Washington Post: "The House voted Tuesday night to penalize lawmakers who seek to bypass the security screening measures that have been enacted in the wake of the Jan. 6 storming of the Capitol by a pro-Trump mob, with members facing a $5,000 fine for the first offense and $10,000 each time thereafter. The measure passed on a 216-to-210 vote, with all but three Democrats present voting in favor and all Republicans present voting 'no.'... The measure that was approved Tuesday directs the House sergeant-at-arms to fine members for failure to complete security screening for entrance to the House chamber. If lawmakers do not pay the fine within 90 days, the amount will be deducted directly from their congressional salary."

Phil McCausland, et al., of NBC News: "A bipartisan group of lawmakers in the House and Senate introduced legislation that would provide the Postal Service much-needed financial relief by doing away with a mandate that required it to prepay retirement benefits decades in advance. The issue stems from a 2006 law that required the Postal Service to create a $72 billion fund that would pay for its employees' retirement health benefits for more than 50 years into the future. This is not required by any other federal agency. The 'USPS Fairness Act,' introduced by Democrats and Republicans in both chambers, would do away with the requirement and comes as some lawmakers and the biggest Postal Service union have called for President Joe Biden to quickly install new leadership in the federal agency.... A similar measure was passed by the House on a bipartisan basis almost exactly a year ago, with 309 members of Congress in support and 106 opposed. The bill was received by the Senate five days later, but it never moved forward and died in that chamber. [MB: Thanks, Mitch!]... In a letter to Biden last week, [Rep. Bill] Pascrell [D-NJ] said the president should fire the Postal Service's Board of Governors for the mail delays and the Postal Service changes instituted by DeJoy. The new members could then vote to fire [Postmaster General Louis] DeJoy."

Republicans gear up their patented outrage machine. I doubt they have any idea how comical they are. Link is to a Politico story. Something about Space Farce. Oh, sorry.

Patricia Mazzei, et al., of the New York Times: In an early morning shoot-out in Sunrise, Florida, west of Fort Lauderdale, two "F.B.I. agents died and three more were injured in one of the deadliest shootings in the bureau's history. No agent had been shot and killed on duty since 2008.... Christopher A. Wray, the F.B.I. director, identified the two agents who were killed as Special Agents Daniel Alfin and Laura Schwartzenberger.... The man being investigated in the case, which the authorities said involved violent crimes against children, had barricaded himself inside [an apartment] complex and was found dead. A law enforcement official said it appeared that the man had killed himself before agents were able to arrest him. His identity was not released."

Brakkton Booker of NPR: "Brian Sicknick, the U.S. Capitol Police officer who was fatally injured during the Jan. 6 insurrection at the Capitol complex, has been given the rare distinction of lying in honor in the building's Rotunda. Sicknick's remains arrived Tuesday evening in a motorcade including his family. The urn containing his cremated remains was slowly walked up the steps and directly into the Rotunda. Colleagues in the Capitol Police force were given a period of visitation. Then President Biden and Jill Biden briefly joined the mourners. Wednesday, members of Congress will pay their respects beginning at 7 a.m., followed by a tribute at 10:30 a.m. with remarks from House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer. After a brief private viewing for Sicknick's family, his remains will be escorted to Arlington National Cemetery for burial. Sicknick served in the Air National Guard before serving for a dozen years on the Capitol Police force." ~~~

~~~ Evan Perez, et al., of CNN: "Investigators are struggling to build a federal murder case regarding fallen US Capitol Police officer Brian Sicknick, vexed by a lack of evidence that could prove someone caused his death as he defended the Capitol during last month's insurrection. Authorities have reviewed video and photographs that show Sicknick engaging with rioters amid the siege but have yet to identify a moment in which he suffered his fatal injuries, law enforcement officials familiar with the matter said.... To date, little information has been shared publicly about the circumstances of the death of the 13-year veteran of the police force, including any findings from an autopsy that was conducted by DC's medical examiner."

Capitalism Is Really, Really Awesome. Early Retirement. Karen Weise of the New York Times: "Jeff Bezos, Amazon's founder and chief executive, said on Tuesday that he will hand over the reins of the e-commerce giant this summer and transition into the role of executive chairman, in a changing of the guard for one of the internet'0s foundational companies. Andy Jassy, the chief executive of Amazon's cloud computing division, will be promoted to run the entire company, Amazon said. The transition will be effective in the third quarter, which starts in July.... Under [Bezos'] leadership, Amazon expanded into sales of millions of different items, became a logistics giant, upended the retail industry -- and then spread further into cloud computing, streaming entertainment and artificial-intelligence-powered devices.... [Amazon] also pushed Mr. Bezos' personal wealth to new heights. Now worth $188 billion, he is the world's second richest person." ~~~

~~~ Cristiano Lima of Politico: "Jeff Bezos' decision to step down as Amazon's CEO comes as the online retailing giant is facing unprecedented scrutiny in Washington -- from antitrust probes and criticism over its tax and labor practices to its role as a gatekeeper granting other companies access to the web. And his chosen replacement has been in the thick of some of Amazon's highest-profile battles."

Remembering the Kaiser, Ctd.

Amy Gardner, et al., of the Washington Post: "House Democrats made their case to convict ... Donald Trump of inciting the Jan. 6 riot at the U.S. Capitol in a sweeping [80-page] impeachment brief filed with the Senate Tuesday that accused Trump of jeopardizing the foundations of American democracy by whipping his supporters into a 'frenzy' for the sole purpose of retaining his hold on the presidency. In the brief, the House's nine impeachment managers made an impassioned case that Trump was 'singularly responsible' for the mayhem that day -- and that he is guilty of high crimes and misdemeanors..., primarily because he used the powers of his office to advance his own personal political interests at the expense of the nation.... Hours later, Trump's new defense attorneys filed a 14-page response to the House article of impeachment, denying that Trump incited the crowd at his Jan. 6 rally.... While the former president's attorneys stopped short of embracing his baseless claims that the election was rigged, they defended his right to argue that massive fraud led to his defeat, a false claim echoed by his supporters as they ransacked the Capitol that day. Democrats drew a direct line between Trump's rhetoric and the violence. But Trump's defense team argued that free-speech protections allowed him to make such allegations...." (Also linked yesterday.) ~~~

     ~~~ Politico's story is here. The AP's report is here.~~~

     ~~~ Here's the House brief for Trump's second impeachment trial, via NPR. ~~~

~~~ Brett Wilkins of Common Dreams: "The defense team for ... Donald Trump's impending impeachment trial was widely mocked Tuesday for issuing a response to the House of Representatives' article of impeachment that contained both spelling and -- according to critics -- legal mistakes. One spelling error that sparked a flurry of comments on Twitter came in the very beginning of Trump's response (pdf), which is addressed to the 'The Honorable, the Members of the Unites States Senate.'... 'If you're curious about the actual substance of the document, it's of the same quality' as the spelling, tweeted Washington Post national correspondent Philip Bump.... [A] central argument of Trump's trial defense involves the former president's right to free speech. However, critics were quick to note that there are well-established limits on First Amendment speech, and that no one has the right to incite violence with their words[.]" ~~~

~~~ Philip Bump of the Washington Post: "So the two arguments being made [in the Trump team's brief], both of which are terrible, are that Trump was simply exercising free speech in repeatedly claiming that the election was stolen and, second, that the sanctity of the election is unknowable.... By now, your brain should be jumping up and down hollering 'Fire in a crowded theater!' for the very good reason that this commonly known (though often misunderstood) scenario serves as a reminder of how the First Amendment is necessarily limited.... In 1969, the Supreme Court ... [ruled that] speech that incites or is likely to incite lawless action is exempted from the First Amendment. Sort of a flaw in using the First Amendment to defend speech alleged to have incited lawless action.... As expected, the [brief's] evaluation of Trump's actions surrounding the violent invasion of the U.S. Capitol on Jan. 6 includes a defense of his claims that the 2020 presidential election was marred by voter fraud. This assertion from Trump -- a constant drumbeat offered from the hours after polls closed on Nov. 3 until the morning of Jan. 6 itself -- was the primary trigger for the events of the day." [MB: Here's my favorite Trump defense, from the brief & the best indicator that he has not defense:] "Insufficient evidence exists upon which a reasonable jurist could conclude that the 45th President's statements were accurate or not, and he therefore denies they were false."

~~~ Lee Moran of the Huffington Post: "Sen. Lindsey Graham (R-S.C.) cautioned Democrats against calling witnesses to testify in the impeachment trial of ... Donald Trump for incitement of his supporters' deadly Jan. 6 attack on the U.S. Capitol.... Graham and other Republicans have argued it is time to 'move on' from the insurrection for the good of the U.S. 'If you open up that can of worms (by calling witnesses), we'll want the FBI to come in and tell us about how people actually pre-planned these attacks and what happened with the security footprint at the Capitol,' the South Carolina Republican continued, parroting a right-wing talking point that the attack was planned well before Trump urged his supporters at a pre-riot rally to march to the Capitol. Graham did not mention that Trump ― even before the election ― whipped his supporters into a lie-fueled frenzy about voter fraud." ~~~

     ~~~ Frances Langum of Crooks & Liars: "This week Trey Gowdy is trying out for a prime time hosting job at Fox. Trey's look is universally acknowledged to be 'Anderson Cooper put through a pencil sharpener.' And his guest Lindsey Graham apparently thought he had the goods on Democrats who want to call witnesses at Mango Mussolini's second impeachment trial.... The entire world of Twitter called [Lindsey's] bluff. 'Bring in the FBI' went trending."

Reid Epstein of the New York Times: "As Republicans splinter over how to deal with Representative Marjorie Taylor Greene..., Democrats are seizing on the infighting to make her the avatar for an array of G.O.P. lawmakers. The Democratic Congressional Campaign Committee on Tuesday began a $500,000 advertising campaign on television and online tying eight House Republicans, including Representative Kevin McCarthy of California, the minority leader, to Ms. Greene and QAnon, an effort to force them to make a public affirmation about Ms. Greene." MB: Not sure how smart this ad run is; a large percentage of Republicans are glad MTG & Kevin are saving us from Hillary & the other "Democrat" pedophiles. (Also linked yesterday.) ~~~

~~~ MTG Endorsed Violence Against Members of Congress if Nonviolence Didn't Work. Roger Sollenberger of Salon: "In a video posted to social media months before announcing her congressional candidacy, Georgia Republican Marjorie Taylor Greene called on supporters to 'flood the Capitol Building' in a protest against 'tyrannical' [Democratic] leaders.... 'All of us together, when we rise up, we can end all of this. We can end it,' Greene said in the 90-minute rant, which was posted in February 2019 and unearthed on Sunday by Twitter user @zedster. 'We can do it peacefully. We can. I hope we don't have to do it the other way. I hope not. But we should feel like we will if we have to. Because we are the American people.' Greene ... posted the video to recruit attendees for a Feb. 23, 2019, 'Fund the Wall' march in Washington. At the time, the Southern Poverty Law Center described the event as Greene's 'brainchild,' citing national support from right-wing militia group American Defence Force." ~~~

~~~ Mike DeBonis & Paul Kane of the Washington Post: "A growing number of Republicans took sides Tuesday in a brewing House battle over the shape of the GOP after the Donald Trump presidency, amplifying pressure on Minority Leader Kevin McCarthy as he decides this week whether to sideline conspiracy theorists and secure a place for anti-Trump voices in party leadership.... The debate over the future of the GOP comes a day before House Republicans are scheduled to meet privately to debate whether [Rep. Liz] Cheney (R-Wyo.) ... can continue in her role as GOP conference chairwoman.... It is in McCarthy's hands to navigate a path through the turmoil. On one side are Trump loyalists who make up the bulk of the House GOP -- two-thirds of whom voted to reject state electoral votes and endorse Trump's baseless voter fraud claims -- while a significant minority are eager to move the party away from Trump and toward a more policy-driven foundation." The article cites comments about Margorie Greene from Senators Mitch McConnell ("loony") & Todd C. Young (R-Ind.) ("nutty"). But nothing from Tommy Tuberville (R-Ala.). Let's find out why. ~~~

~~~ Business Insider, republished in Yahoo! News: "Republican Sen. Tommy Tuberville of Alabama said on Tuesday that he can't comment on allegations against Georgia Rep. Marjorie Taylor Greene because bad weather has prevented him from reading the news." MB: I assume there's more to the Business Insider story, which is firewalled, but that's the lede that appears in Yahoo! News. Anyhow, it's freezing & snowing outside, so I can't read any more news. Check in again in, say, late April when the sun shines & the daffodils bloom. ~~~

~~~ MEANWHILE, Dana Milbank of the Washington Post observes that Mitch McConnell's condemnation of MTG & his support for [Liz] Cheney, among other things, have been a long time coming, causing Milbank of wonder, "Has McConnell been struck by a Jewish space laser?... It's perhaps better late than never for McConnell to denounce her now, but this isn't leadership. If he really wanted to do something about the 'loony lies' gripping the Republican Party, if he really wanted to defend Cheney's courageous stand on impeachment, he would move his fellow Republicans to convict Trump for inciting the Capitol insurrection with his lies, conspiracy theories and violent words.... McConnell's criticism of Trump for inciting the Capitol attack came after years of tolerating Trump's degradations, through 'Access Hollywood' and Charlottesville, through Trump's first impeachment trial (for which McConnell blocked witnesses and operated 'in total coordination' with the White House), Trump's usurpation of congressional powers and his attempts to overturn the election results." ~~~

~~~ Michelle Goldberg of the New York Times: "It's Marjorie Taylor Greene's party now." Here's the graf P.D. Pepe highlighted in today's Comments: "If you're steeped in creationism and believe that elites are lying to you about the origins of life on earth, it's not a stretch to believe they're lying to you about a life-threatening virus. If what you know of history is the revisionist version of the Christian right, in which God deeded America to the faithful, then pluralism will feel like the theft of your birthright. If you believe that the last Democratic president was illegitimate, as Trump and other birthers claimed, then it's not hard to believe that dark forces would foist another unconstitutional leader on the country." MB: That's a damned good explanation of why the GOP is what it is. (Also linked yesterday.)

Jayme Deerwester of USA Today: "A woman accused of participating in the Jan. 6 riot at the U.S. Capitol asked a federal judge for permission to leave the country on vacation later this month -- and got it. In a Monday court filing, lawyers for Jenny Louise Cudd requested the court's blessing to travel to Mexico's Riviera Maya from Feb. 18-21 for a prepaid 'work-related bonding retreat' with her employees and their spouses. Cudd, a small business owner in Midland, Texas, is currently on pretrial release after being charged with two misdemeanor offenses, including entering a federal building without permission and engaging in disorderly conduct. The filing, obtained by USA TODAY, noted that Cudd has no prior criminal history and has remained in contact with her attorney and pretrial service officer, who had no objection to her proposed travel plan Prosecutors took 'no position' on the request." ~~~

     ~~~ Marie: What could possibly go wrong? A woman who has been charged with federal crimes for violently laying siege to the U.S. Capitol in order to stop the certification of the presidential election goes on "vacation" in Mexico. I wonder if part of that "bonding" with her friends will revolve around their prepping her to go on the lam. It would be fun & unique vacation experience!

Shayna Jacobs of the Washington Post: "The Manhattan District Attorney's Office is weighing whether to bring a state court case against Stephen K. Bannon, who was indicted on federal fraud charges for his role in a fundraising scheme to build a border wall but received a last-minute pardon from ... Donald Trump, according to people familiar with the matter.... In August..., Bannon and three others were charged by federal prosecutors in Manhattan with falsely claiming that they would not take compensation as part of their 'We Build the Wall' fundraising campaign to underwrite part of the construction of a wall on the U.S.-Mexico border. The three others charged with Bannon were not pardoned by Trump.... Bannon was accused of personally taking more than $1 million from people who had donated to the 'We Build the Wall' campaign and hoped to help secure one of Trump's signature promises from the 2016 campaign." The Hill has a summary story here.

Georgia. Justin Gray of WSB-TV Atlanta: "Attorney Lin Wood ... has been one of the most vocal, visible and controversial critics of the integrity of Georgia's election. [He] filed lawsuits and held rallies, claiming people voted illegally in the 2020 presidential election. Now Channel 2 investigative reporter Justin Gray has learned that the state has launched an investigation into whether Wood himself was a legal Georgia voter.... Sources at the secretary of state's office say an email that Wood sent to Gray caused them to launch an official investigation. In the email, Wood confirmed he moved to South Carolina, writing 'I have been domiciled in South Carolina for several months after purchasing property in the state in April.' Now state election investigators are looking into whether that means Wood legally should not have been able to vote in the November election." MB: Obviously, IOKIYAR.

The Pandemic, Ctd.

The New York Times' live updates of Covid-19 developments Wednesday are here. The Washington Post's live updates for Wednesday are here.

Marc Santora & Rebecca Robbins of the New York Times: "The vaccine developed by the University of Oxford and AstraZeneca not only protects people from serious illness and death but also substantially slows the transmission of the virus, according to a new study -- a finding that underscores the importance of mass vaccination as a path out of the pandemic. The study by researchers at the University of Oxford is the first to document evidence that any coronavirus vaccine can reduce transmission of the virus.... The results, detailed by Oxford and AstraZeneca researchers in a manuscript that has not been peer-reviewed, found that the vaccine could cut transmission by nearly two-thirds.... The Oxford and AstraZeneca researchers also found that a single dose of the vaccine was 76 percent effective at preventing Covid-19." As usual, there are caveats to the study's results. The vaccine may be eligible for FDA review for emergency use in the U.S. in early March.

Way Beyond the Beltway

Anton Troianovski of the New York Times: "A Russian court sentenced Aleksei A. Navalny, Russia's most prominent opposition leader, to more than two years in prison on Tuesday, a decision likely to send him for a lengthy term in a far-flung penal colony for the first time. Tuesday's sentencing represented a pivotal moment for President Vladimir V. Putin's Russia. Mr. Navalny, one of the main challengers of the Kremlin, has inspired some of the biggest street protests of the Putin era and repeatedly embarrassed the president and his close allies with investigative reports about alleged corruption that were viewed many millions of times on YouTube. Until now, the authorities have tried to contain him with short jail terms of a few weeks to avoid making Mr. Navalny into a political martyr. The decision to send him to prison removes his direct voice from Russia's political landscape, but it could energize his supporters and further rally Russian opposition to Mr. Putin around the figure of Mr. Navalny." (Also linked yesterday.)

The Commentariat -- February 2, 2021

Late Morning/Afternoon Update:

Amy Gardner, et al., of the Washington Post: "House Democrats made their case to convict ... Donald Trump of inciting the Jan. 6 riot at the U.S. Capitol in a sweeping impeachment brief filed with the Senate Tuesday that accused Trump of jeopardizing the foundations of American democracy by whipping his supporters into a 'frenzy' for the sole purpose of retaining his hold on the presidency. In the brief, the House's nine impeachment managers made an impassioned case that Trump was 'singularly responsible' for the mayhem that day -- and that he is guilty of high crimes and misdemeanors..., primarily because he used the powers of his office to advance his own personal political interests at the expense of the nation." ~~~

     ~~~ Here's the House brief for Trump's second impeachment trial, via NPR.

Reid Epstein of the New York Times: "As Republicans splinter over how to deal with Representative Marjorie Taylor Greene..., Democrats are seizing on the infighting to make her the avatar for an array of G.O.P. lawmakers. The Democratic Congressional Campaign Committee on Tuesday began a $500,000 advertising campaign on television and online tying eight House Republicans, including Representative Kevin McCarthy of California, the minority leader, to Ms. Greene and QAnon, an effort to force them to make a public affirmation about Ms. Greene." MB: Not sure how smart this ad run is; a large percentage of Republicans are glad MTG & Kevin are saving us from Hillary & the other "Democrat" pedophiles.

Michelle Goldberg of the New York Times: "It's Marjorie Taylor Greene's party now." Here's the graf P.D. Pepe highlighted in today's Comments: "If you're steeped in creationism and believe that elites are lying to you about the origins of life on earth, it's not a stretch to believe they're lying to you about a life-threatening virus. If what you know of history is the revisionist version of the Christian right, in which God deeded America to the faithful, then pluralism will feel like the theft of your birthright. If you believe that the last Democratic president was illegitimate, as Trump and other birthers claimed, then it's not hard to believe that dark forces would foist another unconstitutional leader on the country." MB: That's a good explanation of why the GOP is what it is.

Anton Troianovski of the New York Times: "A Russian court sentenced Aleksei A. Navalny, Russia's most prominent opposition leader, to more than two years in prison on Tuesday, a decision likely to send him for a lengthy term in a far-flung penal colony for the first time. Tuesday's sentencing represented a pivotal moment for President Vladimir V. Putin's Russia. Mr. Navalny, one of the main challengers of the Kremlin, has inspired some of the biggest street protests of the Putin era and repeatedly embarrassed the president and his close allies with investigative reports about alleged corruption that were viewed many millions of times on YouTube. Until now, the authorities have tried to contain him with short jail terms of a few weeks to avoid making Mr. Navalny into a political martyr. The decision to send him to prison removes his direct voice from Russia's political landscape, but it could energize his supporters and further rally Russian opposition to Mr. Putin around the figure of Mr. Navalny."

~~~~~~~~~~

January 31, 2021. Washington Post photo.Burgess Everett of Politico: "Ten Senate Republicans attempted to sell President Joe Biden Monday night on a coronavirus relief compromise, even as Biden's own party made plans to leave the GOP in the dust. In the two-hour meeting, the GOP senators presented their $618 billion counterproposal to Biden and Vice President Kamala Harris, and the president described his own $1.9 trillion plan to the senators. They agreed to keep talking, although senators conceded their discussions were just beginning.... 'While there were areas of agreement, the President also reiterated his view that Congress must respond boldly and urgently, and noted many areas which the Republican senators' proposal does not address. He reiterated that while he is hopeful that the Rescue Plan can pass with bipartisan support, a reconciliation package is a path to achieve that end,' White House Press Secretary Jen Psaki said after the meeting."

Laurin-Whitney Gottbrath & Stef Kight of Axios: "President Biden will sign three immigration-related executive orders on Tuesday -- including one that will establish a task force aimed at reuniting migrant families separated under former President Trump's hardline immigration policies, according to senior administraiton officials."

Laura Reiley of the Washington Post: "If confirmed as U.S. agriculture secretary, Tom Vilsack, 70, will reprise his role in a political and economic landscape vastly different from that during his eight years in the same job during the Obama administration. In prepared remarks ahead of his Tuesday hearing before the Senate Agriculture, Nutrition, and Forestry Committee, he alluded to those differences. 'Then, a Great Recession challenged us. Today, the pandemic, racial justice and equity, and climate change must be our priorities,' Vilsack wrote. Although the Iowa native is expected to enjoy a smooth confirmation process with broad bipartisan support, he has come under criticism from civil rights groups and Black farmers who say he didn't go far enough last time to eradicate long-standing racial discrimination in farming and at the department."

Zolan Kanno-Youngs & Charlie Savage of the New York Times: "A whistle-blower complaint filed on Monday said a top Trump homeland security official sought to constrain the Biden administration's immigration agenda by agreeing to hand policy controls to the pro-Trump union representing Immigration and Customs Enforcement. The complaint accuses Kenneth T. Cuccinelli II of 'gross mismanagement, gross waste of government funds and abuse of authority' over the labor agreements he signed with the immigration agents' union the day before President Biden's inauguration. Mr. Cuccinelli -- an immigration hard-liner whose legal legitimacy to serve in senior positions at the Department of Homeland Security was contested -- essentially sought to tie Mr. Biden's hands, according to the complaint. 'This abuse of authority is shocking,' wrote David Z. Seide, a lawyer representing the whistle-blower, whom he described as 'a current federal employee who wishes to remain anonymous' and who 'possesses information concerning significant acts of misconduct' by Mr. Cuccinelli." ~~~

      ~~~ Marie: It appears that in some regards, the union is more powerful than the POTUS* & the DHS secretary in that Cuccinelli's "deal" allows the union to veto presidential & Cabinet-level policy orders for the next eight years (i.e., the maximum length of a Biden administration).

Juliet Eilperin of the Washington Post: "A federal judge on Monday vacated the Trump administration rule limiting which scientific studies the Environmental Protection Agency can use in crafting public health protections, overturning one of the last major actions taken by the agency before President Biden took office. The ruling by Judge Brian Morris, chief judge for the U.S. District Court for the District of Montana, Great Falls, marked a victory for environmental groups and public health advocates. Just two weeks before Biden's inauguration, EPA finalized a rule requiring researchers to disclose the raw data involved in their public health studies before the agency could rely upon their conclusions. The rule, which was made effective immediately, would assign less weight to studies built on medical histories and other confidential data from human subjects where the underlying information was not revealed. That sort of research -- including dose-response studies, which evaluate how much a person's exposure to a substance increases the risk of harm -- have been used for decades to justify EPA regulations."

Matt Zapotosky of the Washington Post: "The federal prosecutor tapped by ... Donald Trump to lead the Atlanta U.S. Attorney's Office during Trump's failed bid to overturn the election has resigned from that post, a spokesman confirmed Monday. Bobby Christine ... had been appointed by Trump as the acting U.S. attorney for the Northern District of Georgia after fellow Trump appointee Byung J. 'Bjay' Pak suddenly resigned Jan. 4. The move raised questions of possible political interference, as Trump bypassed Pak's deputy -- who would otherwise have taken over as acting U.S. attorney by default -- to install an official who was leading the U.S. attorney's office in the Southern District of Georgia. At the time, Trump was pressing officials in the state to support his unfounded claims of voter fraud, and Christine brought with him to Atlanta two prosecutors who had been assigned to monitor election malfeasance. Christine will remain as the U.S. attorney in the Southern District of Georgia, a post Trump appointed him to in 2017, officials said. Kurt Erskine, who had been Pak's deputy, will take over in Atlanta on an acting basis, a spokesman for that office said. The Justice Department has previously told employees that President Biden's administration had asked Trump-appointed U.S. attorneys who remained after the inauguration to stay on 'for the time being.'"

Juliegrace Brufke & Scott Wong of the Hill: "Senate Minority Leader Mitch McConnell (R-Ky.) on Monday blasted Georgia GOP Rep. Marjorie Taylor Greene's embrace of 'loony lies and conspiracy theories' as a 'cancer for the Republican Party.' 'Somebody who's suggested that perhaps no airplane hit the Pentagon on 9/11, that horrifying school shootings were pre-staged, and that the Clintons crashed JFK Jr.'s airplane is not living in reality,' McConnell said in a statement first shared with The Hill.... McConnell didn't mention Greene by name in his three-sentence statement, but his rare, scathing remarks about a freshman GOP lawmaker from the other chamber suggests he recognizes the potential damage her violent rhetoric and bizarre conspiracy theories could inflict on congressional Republicans as they try to take back both the House and Senate in next year's midterms. Greene responded on Twitter, writing that 'the real cancer for the Republican Party is weak Republicans who only know how to lose gracefully.'" The New York Times' story is here. ~~~

     ~~~ Heather Caygle, et al., of Politico: "Top House Democrats are moving to force Rep. Marjorie Taylor Greene [R] off multiple committees this week -- with or without Kevin McCarthy's help. House Majority Leader Steny Hoyer delivered an ultimatum to McCarthy on Monday: Either Republicans move on their own to strip Greene (R-Ga.) of her committee assignments within 72 hours, or Democrats will bring the issue to the House floor. ~~~

     ~~~ Tina Nguyen of Politico: "Freshman Rep. Marjorie Taylor Greene [R] said on Monday that she would soon be visiting ... Donald Trump at his Mar-a-Lago estate in Florida. Amid revelations of more inflammatory social media posts she has made and videos she's produced, the controversial Georgia Republican has claimed to have Trump's backing, saying last week that the former president had called her and supported her.

Manu Raju of CNN: "Rep. Liz Cheney, under fire from ... Donald Trump and his staunchest defenders, is picking up support from some influential Republicans as her allies close ranks and resist the effort to oust her from the third-ranking spot in House GOP leadership. On Monday, Senate Minority Leader Mitch McConnell was the latest Republican to give her a boost, saying in a statement to CNN that she had 'the courage' to act on her convictions in the aftermath of her vote to impeach Trump last month on a charge he incited the deadly insurrection that ransacked Capitol Hill on January 6. 'Liz Cheney is a leader with deep convictions and the courage to act on them,' McConnell said. 'She is an important leader in our party and in our nation....' The statement comes as a cross-section of GOP lawmakers -- from top Republicans in Senate leadership like fellow Wyoming Republican Sen. John Barrasso to some conservative House Freedom Caucus members like Rep. Chip Roy of Texas -- have publicly defended Cheney in the face of the onslaught from Trump defenders eager to see her defeated." ~~~

     ~~~ Marie: Between his comments about Marjorie Greene & those about Liz Cheney, it appears Mitch is sending a message to Kevin McCarthy, along the lines of, "You're useless." Public disagreements among the two top party leaders is, to say the least, highly unusual. So is it rare for the party leader of one House of Congress to meddle with that party's business in the other House. Update: I see the WashPo agrees: ~~~

     ~~~ Felicia Sonmez & Mike DeBonis of the Washington Post: "Senate Minority Leader Mitch McConnell (R-Ky.) on Monday delivered a scathing rebuke of Rep. Marjorie Taylor Greene's actions and defended Rep. Liz Cheney's decision to vote to impeach former president Donald Trump, weighing in for the first time on the criticism facing both lawmakers. The statements together are both an unusual venture from a Senate leader onto the other chamber's turf and an unmistakable signal to House Minority Leader Kevin McCarthy (R-Calif.) that, for the party's sake, he must sideline extremists such as Greene (R-Ga.) and maintain a place for traditional Republicans such as Cheney (R-Wyo.). On Wednesday morning, House Republicans will hold a conference-wide meeting during which the actions of both lawmakers are expected to be discussed."

Alayna Treene of Axios: "Disagreements over legal strategy weren't the only reason Donald Trump's defense team collapsed just days before his second impeachment trial, Axios has learned.... The notoriously stingy former president and his lead lawyer, Butch Bowers, wrangled over compensation during a series of tense phone calls, sources familiar with their conversations said. The argument came even though Trump has raised over $170 million from the public that could be used on his legal defenses."

Gabby Orr & Meredith McGraw of Politico: "A constellation of conservative groups that rallied behind ... Donald Trump during his first impeachment is sitting this one out, confident that the outcome is preordained. The groups have gone quiet on social media, eschewing the pro-Trump tweets and calls for action that dominated their Twitter feeds last time Trump was approaching a Senate trial. Others said they are content to watch from the sidelines...."

Thanks, Trump! A Good Time to Be a Panda (see Feb. 1 news lede). Luke Broadwater of the New York Times: "As inches of snow pile up during Washington's biggest winter storm in two years, there is one place that won't be seeing any snowball fights. The Capitol grounds, one of the best spots in the city for sledding, are now off limits, another reverberation of the rampage there on Jan. 6. Representative Eleanor Holmes Norton, the District of Columbia's nonvoting House delegate, has urged the Capitol Police to allow the tradition to continue this week. The activity could be done safely, Ms. Norton said in a statement on Saturday, 'by allowing only children and adults accompanied by children' into the area. But a Capitol Police spokeswoman, Eva Malecki, citing the current security concerns and the city's coronavirus restrictions, said it could not be permitted. 'We, however, look forward to welcoming sledders back in the future,' she said in a statement."

Matthew Choi of Politico: "Rep. Alexandria Ocasio-Cortez on Monday offered a deeply personal account of the Capitol insurrection, denouncing Republican calls to move on from the event as akin to tactics used by abusers and opening up about her own history with sexual assault. Via Instagram Live, the New York Democrat excoriated Republicans, including Sens. Ted Cruz of Texas and Josh Hawley of Missouri, saying they had encouraged the rioters by supporting ... Donald Trump's challenges to the 2020 election, and accusing them of failing to take responsibility for their role. She said members of Congress were aware of the risks days before the attack, adding that some of her colleagues had warned her to be careful on Jan. 6.... 'We cannot move on without accountability. We cannot heal without accountability,' Ocasio-Cortez said. 'And so all of these people who want to tell us to move on are doing so at their own convenience.' What they are saying is that '"I would do it again. I don't regret it at all."' she continued. 'If that's their stance, they continue to be a danger for their colleagues.'" YouTube has a video of the Instagram forum here. (Discussion of the Capitol siege begins @ about 1:30 min. in.) It runs about an hour-and-a-half.

Gaetz Staffer Cheers on the Insurrection. Dell Cameron of Gizmodo: "As police struggled futilely to fend off a wave of rioters outside the U.S. Capitol building on January 6, Joel Valdez, an aide to Congressman Matt Gaetz, made his way to the rooftop of his boss's office building across the street on Independence Ave. Surveying the mob as it surrounded the complex, he captured a five-second video with his phone and posted it to Parler -- the now-defunct social network where some supporters of President Trump are reported to have openly planned an insurrection for weeks. 'From the top of the Capitol office buildings, WE HEAR YOU LOUD AND CLEAR!' Valdez posted, adding the hashtag '#StopTheSteal'.... Metadata from Valdez's video ... reveals it was taken at roughly 1:14 p.m. ET that day. The rioters had by that time already breached at least three police barricades and forced officers back onto the Capitol steps where they were violently engaged, according to a timeline of events reported by the New York Times."

Evan Perez & Paul LeBlanc of CNN: "Investigators have recommended that prosecutors decline to bring charges against a US Capitol Police officer in the shooting of a pro-Trump rioter who was killed during the insurrection, according to people familiar with the matter. The shooting of pro-Trump rioter, Ashli Babbitt, remains under investigation by the DC Metropolitan Police, the US Attorney's Office in Washington, DC, and civil rights prosecutors, a routine process for shootings involving the Capitol Police. A final decision hasn't been made, the people familiar with the probe told CNN. Justice Department officials could make a final decision in the coming days."

Cowboy Couy to Stay over in Bunkhouse Fed. Josh Gerstein of Politico: "A federal magistrate judge in Washington has ordered that a New Mexico county commissioner charged for breaching security lines at the Capitol during the Jan. 6 riot be detained pending trial. Lawyers for Couy Griffin, 47, urged that he be allowed to return home, but Judge Zia Faruqui sided with prosecutors who said the Cowboys for Trump founder was a flight risk. During a videoconference hearing Monday afternoon, Faruqui said Griffin's disdain for the government was so intense that he was unlikely to obey the court's orders."

The Dingbat Brigade. Blake Ellis & Melanie Hicken of CNN: "... at least eight of the people who are now facing criminal charges for their involvement in the [insurrectionist] events at the Capitol did not vote in the November 2020 presidential election, according to an analysis of voting records from the states where protestors were arrested and those states where public records show they have lived." MB: This is hardly surprising. These are irresponsible, impulsive nitwits, and consistency plays no part in their lives.

Tales of the Grifter, Ctd. Shane Goldbacher & Rachel Shorey of the New York Times: "... Donald J. Trump and the Republican Party leveraged false claims of voter fraud and promises to overturn the election to raise more than a quarter-billion dollars in November and December as hundreds of thousands of trusting supporters listened and opened their wallets. But the Trump campaign spent only a tiny fraction of its haul on lawyers and other legal bills related to those claims. Instead, Mr. Trump and the G.O.P. stored away much of the money -- $175 million or so -- even as they continued to issue breathless, aggressive and often misleading appeals for cash that promised it would help with recounts, the rooting out of election fraud and even the Republican candidates' chances in the two Senate runoff races in Georgia. What fraction of the money Mr. Trump did spend after the election was plowed mostly into a public-relations campaign and to keep his perpetual fund-raising machine whirring, with nearly $50 million going toward online advertising, text-message outreach and a small television ad campaign. Only about $10 million spent by Mr. Trump's campaign went to actual legal costs...."

Trump's Own Campaign Concludes 81 Million Americans Think He's a Lying, Incompetent Ass. Alex Isenstadt of Politico: "... Donald Trump has blamed the election results on unfounded claims of fraud and malfeasance. But at the top levels of his campaign, a detailed autopsy report that circulated among his political aides paints a far different -- and more critical -- portrait of what led to his defeat. The post-mortem, a copy of which was obtained by Politico, says the former president suffered from voter perception that he wasn't honest or trustworthy and that he was crushed by disapproval of his handling of the coronavirus pandemic. And while Trump spread baseless accusations of ballot-stuffing in heavily Black cities, the report notes that he was done in by hemorrhaging support from white voters. The 27-page report, which was written by Trump chief pollster Tony Fabrizio, shows how Trump advisers were privately reckoning with his loss even as the former president and many of his supporters engaged in a conspiracy theory-fueled effort to overturn the election. The autopsy was completed in December 2020 and distributed to Trump's top political advisers just before President Joe Biden's Jan. 20 inauguration. It is unclear if Trump has seen the report." The Washington Post's report is here. ~~~

     ~~~ Marie: Could I please be the one to read Donald the report? I will drive through the blizzard now swirling around me to get to Mar-a-Lardo to recite the highlights.

Tim Reid of Reuters: &"Dozens of Republicans in former President George W. Bush's administration are leaving the party, dismayed by a failure of many elected Republicans to disown Donald Trump after his false claims of election fraud sparked a deadly storming of the U.S. Capitol last month.... 'The Republican Party as I knew it no longer exists. I'd call it the cult of Trump,' said Jimmy Gurulé, who was Undersecretary of the Treasury for Terrorism and Financial Intelligence in the Bush administration. Kristopher Purcell, who worked in the Bush White House's communications office for six years, said roughly 60 to 70 former Bush officials have decided to leave the party or are cutting ties with it, from conversations he has been having. 'The number is growing every day,' Purcell said. Their defection from the Republican Party after a lifetime of service for many is another clear sign of how a growing intraparty conflict over Trump and his legacy is fracturing it."

Rebecca Klar of the Hill: "Claims that conservative voices are being censored online by social media platforms are not backed by evidence and are themselves a disinformation narrative, according to a report released Monday. The NYU Stern Center for Business and Human Rights' report concluded that anti-conservative bias claims, boosted by some top Republican lawmakers including former President Trump, are not based on any tangible evidence. 'The claim of anti-conservative animus is itself a form of disinformation: a falsehood with no reliable evidence to support it. No trustworthy large-scale studies have determined that conservative content is being removed for ideological reasons or that searches are being manipulated to favor liberal interests,' the report stated.... Despite the repeated accusations by Republicans, the report found that by 'many measures, conservative voices -- including that of the ex-president, until he was banished from Twitter and Facebook -- often are dominant in online political debates.'" ~~~

     ~~~ Marie: You knew this already, of course, but an independent study won't cause any wingers to quit whining; they will simply discount any study coming out of a New York City (the Village yet!) university.

Samantha Kubota of NBC's Today: Dolly Parton "told Today in an interview that ... Donald Trump's administration tried to give her the nation's highest civilian honor, the Presidential Medal of Freedom, twice but she had to turn them down. 'I couldn't accept it because my husband was ill and then they asked me again about it and I wouldn't travel because of the COVID,' she explained, adding that she has since heard from President Joe Biden about the award as well. 'Now I feel like if I take it, I'll be doing politics, so I'm not sure.'"

The Pandemic, Ctd.

The New York Times' live updates of Covid-19 developments Tuesday are here: "A fast-spreading coronavirus variant first observed in Britain has gained a mutation that could make it harder to control with vaccines, Public Health England reported on Monday. It is the latest evidence that the virus is undergoing a worrisome evolution worldwide. The variant, known as B.1.1.7, first came to light in December. Researchers determined that it had rapidly became more common across Britain in just a couple of months."

Washington Post's live updates of Covid-19 developments Tuesday are here: "The rate of new coronavirus infections is declining in the United States after rapid increases over the holiday season. The seven-day average of new U.S. cases was down 13 percent as of Tuesday, with an especially dramatic drop of 30 percent in Arizona. Deaths, however, increased across the country by 2 percent, following record hospitalizations early in January, according to data tracked by The Washington Post. More than 441,000 people have died after contracting the coronavirus in the United States, and there have been more than 26 million infections over the past year. Data also shows growing instances of new variants of the virus, particularly the one identified in Britain."

Akilah Johnson of the Washington Post: "Race and ethnicity data was [were!] missing for nearly half of all coronavirus vaccine recipients during the first month shots were available, further stymieing efforts to ensure an equitable response to a pandemic that continues to unduly burden communities of color, federal researchers reported Monday.... 'We must address these insufficient data points as an urgent priority,' Marcella Nunez-Smith, chair of President Biden's covid-19 equity task force, said Monday during an administration coronavirus news briefing. 'I'm worried about how behind we are. So, let me be clear: We cannot ensure an equitable vaccination program without data to guide us.' The disease has spread through communities of color at higher rates, exposing the structural racism and inequality baked into the American health system that experts say has resulted in the virus's disparate toll." ~~~

     ~~~ Marie: This problem is no doubt due to Trump's let-the-states-figure-it-out approach. In an normal data collection effort, every state would be submitting data on the same topics & in the same format. In the Trump "system," even data collections within states was not consistent if Louisiana is any indication. But then they really didn't care, did they?

Beyond the Beltway

New York. Rochester Needs a New Police Department. Laura Ly & Eric Levenson of CNN: "Police officers in Rochester, New York, handcuffed and pepper-sprayed a 9-year-old girl while responding to what a police official called a report of 'family trouble' in an incident sharply criticized by city officials. Two body camera videos of Friday's incident released by the police department on Sunday show officers restraining the child, putting her in handcuffs and attempting to get her inside the back of a police vehicle as she repeatedly cries and calls for her father. After the girl fails to follow commands to put her feet inside the car, the officers are seen pepper-spraying her.... The officers involved were suspended Monday, according to a news release from city officials. CNN has reached out to the police union for comment. The incident has troubling similarities to the death of Daniel Prude, a Black man who died in March after Rochester police pinned him to the ground and placed a hood over his head as he experienced a mental health crisis."

News Ledes

New York Times: "Hal Holbrook, who carved out a substantial acting career in television and film but who achieved his widest acclaim onstage, embodying Mark Twain in all his craggy splendor and vinegary wit in a one-man show seen around the world, died on Jan. 23 at his home in Beverly Hills, Calif. He was 95.... Mr. Holbrook had a long and fruitful run as an actor. He was the shadowy patriot Deep Throat in 'All the President's Men' (1976); an achingly grandfatherly character in 'Into the Wild' (2007), for which he received an Oscar nomination; and the influential Republican Preston Blair in Steven Spielberg's 'Lincoln' (2012). He played the 16th president himself, on television, in Carl Sandburg's 'Lincoln,' a 1974 mini-series. The performance earned him an Emmy Award, one of five he won for his acting in television movies and mini-series...."

Weather Channel: "Winter Storm Orlena is making for a trying day across most of the Northeast on Monday. Some areas have already received more than a foot and a half of snow and more is expected.... All flights at LaGuardia were suspended and over 1,600 flights canceled nationwide. Officials urge people to stay off the roads after hundreds of crashes were reported. COVID vaccination sites were closed Monday because of the storm." ~~~

~~~ The Washington Post has a photo slide show of the snow storm that hit the Mid-Atlantic & Northeast Monday.