The Commentariat -- January 8, 2021

Late Morning/Afternoon Update:

Lisa Mascaro, et al., of the AP: "House Speaker Nancy Pelosi said Friday she has spoken to the chairman of the Joint Chiefs of Staff about preventing ... Donald Trump from initiating military actions or a nuclear strike. Pelosi said in a statement to colleagues that she spoke with Gen. Mark Milley 'to discuss available precautions for preventing an unstable president from initiating military hostilities or accessing the launch codes and ordering a nuclear strike.' She said, the situation of 'this unhinged President could not be more dangerous.'"

Kyle Cheney, et al., of Politico: "House Democrats are moving quickly toward impeaching ... Donald Trump as early next week, a reflection of the seething outrage that remains over his incitement of deadly riots inside the U.S. Capitol. Timing remains in flux and Speaker Nancy Pelosi has yet to make a decision on exactly how to proceed, including whether to pursue a constitutional process that could remove Trump without impeachment. Top Democrats are still in talks with all their members and will hold a caucus-wide call at noon. But they are expected to decide today on their next steps, according to several lawmakers and aides." The Washington Post's story is here.

Jack Date, et al., of ABC News: "A U.S. Capitol Police officer has died following injuries suffered in the violent siege on the building Wednesday, according to a press release from the department.... The officer, Brian D. Sicknick, died at 9:30 p.m. Thursday, police said. Sicknick responded to the riots and 'was injured while physically engaging with protesters,' USCP said in a statement. 'He returned to his division office and collapsed. He was taken to a local hospital where he succumbed to his injuries.'... The U.S. attorney's office in D.C. has opened a federal murder investigation into Sicknick's death, three law enforcement sources confirmed to ABC News. The investigation is being conducted jointly between the FBI and the D.C. Metropolitan Police Department, with cooperation from U.S. Capitol Police. House Speaker Nancy Pelosi has ordered the flags at the Capitol to be flown at half-staff in Sicknick's honor." The New York Times' story is here.

Marianne Levine of Politico: "During a press conference in Delaware, Sen. Chris Coons (D-Del.), told reporters that Sens. Josh Hawley (R-Mo.) and Ted Cruz (R-Texas) 'should resign,' according to WBOC, one day after a group of Trump supporters staged a deadly insurrection in the U.S. Capitol.... Since the insurrection, Cruz and Hawley are facing a backlash from their colleagues, who are accusing them of inciting violence by casting doubt on the results of the 2020 election."

Jonathan Lemire & Zeke Miller of the AP: "... Donald Trump said Friday he won't attend President-elect Joe Biden's inauguration on Jan. 20, undercutting his message a day earlier that he would work to ensure a 'smooth, orderly and seamless transition of power' to his successor. Trump offered no clues for how he would spend his final hours in office, and will be the first incumbent president since Andrew Johnson to skip his successor's swearing-in. Traditionally, the incoming and outgoing presidents ride to the U.S. Capitol together for the ceremony, as a symbol of the nation's peaceful transition.... Vice President Mike Pence was expected to attend the inauguration.... By [Friday] morning..., Trump was back to his usual division. Instead of offering condolences to the police officer who died from injuries sustained during the riot, Trump took to twitter to commend the 'great American Patriots' who'd voted for him. 'They will not be disrespected or treated unfairly in any way, shape or form!!!' he tweeted." ~~~

     ~~~ Marie: Also, I heard on the teevee that real Presidents Obama, Bush & Clinton will attend Biden's inauguration. I just don't think Trump belongs to this club.

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

Ricardo Alonso-Zaldivar & Zeke Miller of the AP: "President-elect Joe Biden will release most available COVID-19 vaccine doses to speed delivery to more people, a reversal of the Trump administration policy, his office said Friday. 'The president-elect believes we must accelerate distribution of the vaccine while continuing to ensure the Americans who need it most get it as soon as possible,' spokesman T.J. Ducklo said in a statement. Biden 'supports releasing available doses immediately, and believes the government should stop holding back vaccine supply so we can get more shots in Americans' arms now.' Under the Trump administration's approach, the government has been holding back a supply of vaccines to guarantee that people can get a second shot, which provides maximum protection against COVID-19. Both the Pfizer-BioNTech and Moderna vaccines require a second shot about three weeks after the first vaccination. One-shot vaccines are still undergoing testing."

The New York Times' live business updates for Friday are here: "The already sputtering economic rebound went into reverse in December, as employers laid off workers amid rising coronavirus cases and waning government aid. U.S. employers cut 140,000 jobs in December, the Labor Department said Friday. It was the first net decline in payrolls since last spring's mass layoffs, and though the December loss was nowhere near that scale, it represented a discouraging reversal for the once-promising recovery. The U.S. economy still has about 10 million fewer jobs than before the pandemic began. The December losses were heavily concentrated in leisure and hospitality businesses, which have been hit especially hard by the pandemic."

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President-elect Joe Biden on the domestic terrorists who mobbed the Capitol Wednesday, on Trump's instigation of the riots, and on Merrick Garland, whom Biden has nominated for attorney general:

~~~ Eleanor Mueller & Tyler Pager of Politico: "President-elect Joe Biden has picked Boston Mayor Marty Walsh, a former top union leader, to serve as his Labor secretary, according to four sources, ending a selection process that split the labor movement and stoked diversity concerns among Democrats." ~~~

~~~ Tyler Pager, et al., of Politico: "President-elect Joe Biden has selected Rhode Island Gov. Gina Raimondo to serve as secretary of Commerce, according to two people familiar with the decision. Biden has also tapped longtime aide Don Graves as deputy Commerce secretary and California official Isabel Guzman to lead the Small Business Administration, a source familiar with the matter said. Raimondo, who impressed the Biden team when she was considered to be Biden's running mate, was also in contention to run the Treasury Department and the Department of Health and Human Services." The New York Times story is here.

The Last Days of the Mad Kaiser

Sarah Ferris, et al., of Politico: "Speaker Nancy Pelosi on Thursday called for Vice President Mike Pence to immediately initiate the removal of ... Donald Trump, declaring him a seditious threat to the country who can't be trusted to finish even the last two weeks of his term. Pelosi's extraordinary statement, a day after Trump-inspired mobs ransacked the Capitol, lends significant weight to a mounting Democratic effort to oust Trump, either by impeaching him for the second time or pressuring Pence and Cabinet officials to invoke the 25th Amendment process.... Pelosi said if Pence did not take action, Democrats could quickly act to remove Trump from office, and did not rule out canceling next week's planned recess and bringing the House back into session.... Senate Minority Leader Chuck Schumer also called on Pence to invoke the 25th Amendment Thursday and said Congress should move to impeach if that did not happen. He also said Congress should include an impeachment charge that declares Trump can never run for office again. Pelosi and Schumer tried to reach Pence by phone earlier Thursday to urge him to invoke the 25th Amendment but were never patched through...." ~~~

~~~ Speaker Pelosi and I tried to call the vice president this morning to tell him to do this. They kept us on hold for 25 minutes and then said the vice president wouldn't come on the phone. So we are making this call public because he should do it and do it right away. -- Chuck Schumer, at a Thursday afternoon news conference ~~~

~~~ Maggie Haberman of the New York Times: "Vice President Mike Pence is opposed to a call by Democrats in Congress and some Republicans to invoke the 25th Amendment to strip President Trump of his powers before his term ends, a person close to the vice president said.... The decision by Mr. Pence is said to be supported by several Trump cabinet officials. Those officials, a senior Republican said, viewed the effort as likely to add to the current chaos in Washington rather than deter it." ~~~

~~~ Kayla Tausche of CNBC: "As ... Donald Trump stood idly by with violent protesters ransacking the U.S. Capitol on Wednesday, at least two of his top officials and closest allies conferred with staff about the possibility of invoking the 25th Amendment. Secretary of State Mike Pompeo and Treasury Secretary Steven Mnuchin held informal conversations within their own agencies about the contours of the 25th Amendment, the invocation of which would begin a process to remove Trump from office, according to three sources familiar with the matter. The arguments against pursuing action, according to the sources, were manifold. First, the legal process itself was estimated to take more than a week, negating any immediate effect it would have.... Second, it was unclear whether the three secretaries serving in 'acting' roles without Senate confirmation would be able to cast a vote. Third, they had concerns that forcing Trump from office could further stoke tensions among his base and make him a hero of the far right, doing more bad in the long term than good in the short term." ~~~

     ~~~ Katelyn Polantz, et al., of CNN: "Inquiries about invoking the 25th Amendment have been coming into Vice President Mike Pence's advisers and those discussions have been under way, a source close to the vice president said Thursday, with several Cabinet secretaries informally discussing the matter.... Chiefs of staff of federal departments have also been calling each other to discuss the possibility.... But it is 'highly unlikely' that Pence would pursue that path at this point, the source said.... However, two Cabinet secretaries have called fellow members of the Cabinet to take their 'temperatures' about demanding a Cabinet meeting with ... Donald Trump to confront him about his behavior, three senior administration officials told CNN. The two Cabinet secretaries discussed the possibility of demanding the President deliver a public address committing to a peaceful transfer of power, which Trump did Thursday evening in a pre-recorded video.... A White House adviser in discussions with senior officials said Trump only recorded the video because his presidency is currently threatened by looming resignations and potential impeachment." More on the hostage video in the WashPo's live updates below. MB: And, as the CNN report -- as well as the WashPo report linked directly below -- indicate, Trump's recorded message is a true hostage video, one that Trump made under pressure to save the last weeks of his presidency*.

Philip Rucker, et al., of the Washington Post: "President Trump spent more than 24 hours after instigating a mob to violently storm the Capitol trying to escape reality. Cloistered in the White House, Trump raged uncontrollably about perceived acts of betrayal. He tuned out advisers who pleaded with him to act responsibly. He was uninterested in trying to repair what he had wrought. And he continued to insist he had won the election.... Only after darkness fell in Washington on Thursday, after the Capitol had been besieged by death and destruction and a growing chorus of lawmakers had called for his immediate removal from office, did Trump grudgingly accept his fate.... During his 2-minute, 41-second speech [Thursday night], Trump read from a script that he agreed to only after a pressure campaign from Chief of Staff Mark Meadows, legal counsel Pat Cipollone and members of his family, officials said.... Some of [the staff] who stayed on kept their distance from the vengeful president, and none stepped forward to defend his complicity in the attack -- not even White House press secretary Kayleigh McEnany, his professional defender.... One administration official described Trump's behavior as that of 'a total monster.' Another said the situation was 'insane' and 'beyond the pale.' 'He is alone. He is mad King George,' said a Republican in frequent touch with the White House."

Trump Watch. Jonathan Swan of Axios: "Some top remaining administration officials are preparing to resist any unlawful or dangerous orders in the closing days of Trump's presidency, senior administration officials with direct knowledge of the sensitive conversations tell Axios.... After Trump incited protesters to storm the Capitol on Wednesday, there's a near universal view among top officials that he is unfit and unhinged, these sources said.... While several senior officials have already resigned in disgust since the riots..., there has been a heavy behind-the-scenes push to urge other top national security officials to stay on as a bulwark against emboldened U.S. enemies."

Murdoch's Winger WSJ Editorial Board Suddenly Notices Trump Should Resign. Joseph Choi of the Hill: "The Wall Street Journal editorial board said Thursday that the 'best case' for President Trump would be for him to resign from office amid calls for his removal following the violent attacks on the Capitol on Wednesday.... The Journal, in an op-ed published Thursday evening stated that Trump was too late in his attempts to call off the rioters. 'When some in the crowd turned violent and occupied the Capitol, the President caviled and declined for far too long to call them off. When he did speak, he hedged his plea with election complaint,' it stated. 'This was an assault on the constitutional process of transferring power after an election. It was also an assault on the legislature from an executive sworn to uphold the laws of the United States.' These actions, the board stated, were 'impeachable.'"

The Washington Post's live updates of transition developments Thursday are here: ~~~

Donald Makes a Hostage Video. "In a video message released Thursday evening, more than 24 hours after mobs of his supporters besieged the U.S. Capitol in a shocking insurrection, President Trump denounced and tried to distance himself from the attack in his name.... Reading off a script in a flat voice, Trump claimed [MB: falsely] he immediately deployed the National Guard to help secure the building and expel the intruders. Other officials have disputed that account. Trump also claimed [MB: falsely] his attempts to overturn the election results were simply his efforts to 'ensure the integrity of the vote.' Nevertheless, the video appeared to be the closest Trump has come to formally conceding to Biden. 'Now, Congress has certified the results, and a new administration will be inaugurated on January 20th. My focus now turns to ensuring a smooth, orderly and seamless transition of power,' Trump said.... [The New York Times' story is here.]

"Trump briefly called in to the Republican National Committee's winter meeting Thursday morning -- and received a loud and overwhelmingly enthusiastic reception when RNC Chair Ronna McDaniel put him on speakerphone, according to people in the room. 'We love you!' some in the room yelled....

"House Judiciary Committee Chairman Jerrold Nadler, a New York Democrat, said Thursday that Trump should be removed from office and that if Pence does not oust him by invoking the 25th Amendment, he would back 'immediate impeachment' of the president.....

"Trump's attorneys have voluntarily dismissed five lawsuits pending against Georgia Secretary of State Brad Raffensperger, but they may have exposed themselves to court sanctions by falsely claiming in their filings that the request for dismissal was the result of a settlement agreement with Raffensperger (R). In a sharply worded response to one of the filings, Raffensperger's attorneys -- Georgia Attorney General Chris Carr as well as private counsel -- emphasized that there was no settlement agreement. They also noted that Trump and his attorneys probably violated the Georgia Rules of Professional Conduct by calling Raffensperger last weekend without first contacting his attorneys of record in the cases....

"The White House fired a State Department official after he tweeted that Trump's actions endangered the United States and he should leave office immediately, according to two U.S. officials familiar with the matter. The official, Gabriel Noronha, tweeted Wednesday that Trump 'fomented an insurrectionist mob that attacked the Capitol today. He continues to take every opportunity to obstruct the peaceful transfer of power.... These actions threaten our democracy and our Republic. Trump is entirely unfit to remain in office, and needs to go,' Noronha said. He added that Biden won the 2020 election and that all U.S. officials had the duty to uphold the Constitution....

"The chairs of five House committees sent a letter Thursday to FBI Director Christopher A. Wray requesting a briefing on the agency's efforts to investigate the riot at the U.S. Capitol on Wednesday. In the letter, the committee chairs demanded to know what steps the FBI is taking 'to investigate and pursue for prosecution the instigation, planning, and execution of the deadly terrorist attack on the United States Capitol on January 6, 2021, by President Donald Trump, his supporters, and outside groups, as well as to disrupt any further activity designed to attack our government.'...

[Transportation Secretary Suddenly Throws Trump Under the Bus.] "Transportation Secretary Elaine Chao will resign from her post, making her the first Trump administration Cabinet member to leave after the president incited a mob that attacked the U.S. Capitol on Wednesday. Chao is the wife of Senate Majority Leader Mitch McConnell (R-Ky.) and has served in the Cabinet all four years of the Trump presidency. She told others of her decision early Thursday afternoon, according to two individuals familiar with her plans.... In her message [to department staff], Chao said her resignation would take effect Monday. She said she and the staff would help her announced successor in the incoming Biden administration, Pete Buttigieg, 'with taking on the responsibility of running this wonderful department.'...

[Former AG Suddenly Realizes Trump Is a Mob Organizer.] "Former attorney general William P. Barr, who had been one of Trump's most loyal and effective Cabinet secretaries and, for a time, supported his claims of possible voter fraud, condemned Trump on Thursday for his incitement of the previous day's violence at the Capitol. 'Orchestrating a mob to pressure Congress is inexcusable,' Barr said in a statement released through his former spokeswoman. 'The president's conduct yesterday was a betrayal of his office and supporters.'...

"Sen. Kelly Loeffler (R-Ga.) has conceded to Raphael Warnock in their Senate race that most networks called Tuesday night for Warnock. In a video message released late Thursday afternoon, Loeffler said she had called Warnock earlier in the day to congratulate him and wish him well in serving Georgia."

Katie Benner & Michael Levenson of the New York Times: "A United States Capitol Police officer has died of injuries sustained in Wednesday's violent protests in Washington, two law enforcement officials confirmed on Thursday, one day after the police were overwhelmed by a pro-Trump mob that stormed the Capitol and disrupted Congress. The officer is the fifth person whose death has been linked to Wednesday's mayhem. One protester was shot and killed by a Capitol Police officer inside the building, and three others died after experiencing medical emergencies, officials have said. The officer, whose name was not immediately released, had been hit with a fire extinguisher, the two law enforcement officials said. But it was not clear if the blunt force had killed him; a chemical agent may have led to his death, one of the officials said." ~~~

     ~~~ Update. New Lede: "A United States Capitol Police officer who was seriously injured during violent protests in Washington remained hospitalized on Thursday night, one day after the police were overwhelmed by a pro-Trump mob that stormed the Capitol and disrupted Congress." ~~~

     ~~~ Kristin Wilson, et al., of CNN: "A Capitol Police officer is on life support Thursday night after a mob of ... Donald Trump's supporters stormed the US Capitol a day before, according to Capitol Police union chair Gus Papathanasiou. CNN reported Thursday evening, citing three sources, that the officer had died. One of CNN's sources said that Capitol Police officers were gathered and told that the officer had passed away. Papathanasiou told WUSA -- a local Washington, DC, television news station -- that the officer died. Later Thursday, the Capitol Police released a statement stating no officers had died as a result of Wednesday's riot. Papathanasiou retracted his statement to WUSA and told CNN the officer was still on life support." ~~~

~~~ Emily Cochrane of the New York Times: "Three top security officials on Capitol Hill are stepping down a day after a mob of pro-Trump supporters stormed the Capitol, congressional leaders said on Thursday. Speaker Nancy Pelosi of California announced during her weekly news conference that Paul D. Irving, the House sergeant-at arms, intended to resign from his position, and Senator Mitch McConnell of Kentucky, the majority leader, said Thursday evening he had accepted the resignation of Michael C. Stenger, the Senate sergeant-at-arms. News of Mr. Stenger's resignation came after Senator Chuck Schumer of New York, the minority leader, said he would fire Mr. Stenger as soon as Democrats took the majority. Steven Sund, the Capitol Police chief, will also leave his position on Jan. 16 after Ms. Pelosi called for his resignation, saying 'Mr. Sund, he hasn't even called us since this happened.' Mr. Sund, in his letter of resignation, said he would use his remaining paid sick leave — 440 hours, about 55 days -- after departing." ~~~

~~~ Colleen Long, et al., of the AP: "Three days before supporters of ... Donald Trump rioted at the Capitol, the Pentagon asked the U.S Capitol Police if it needed National Guard manpower. And as the mob descended on the building Wednesday, Justice Department leaders reached out to offer up FBI agents. The police turned them down both times, according to senior defense officials and two people familiar with the matter. Despite plenty of warnings of a possible insurrection and ample resources and time to prepare, the Capitol Police planned only for a free speech demonstration. Still stinging from the uproar over the violent response by law enforcement to protests last June near the White House, officials also were intent on avoiding any appearance that the federal government was deploying active duty or National Guard troops against Americans. The result is the U.S. Capitol was overrun Wednesday and officers in a law enforcement agency with a large operating budget and experience in high-security events protecting lawmakers were overwhelmed for the world to see.... The actions of the day also raise troubling concerns about the treatment of mainly white Trump supporters, who were allowed to roam through the building for hours, while Black and brown protesters who demonstrated last year over police brutality faced more robust and aggressive policing."

Education Secretary Suddenly Notices There's a Mess to Clean Up. Joseph Choi of the Hill: "Education Secretary Betsy DeVos tendered her resignation to President Trump on Thursday, making her the latest in a line of senior officials to exit following the riot at the Capitol on Wednesday.... 'We should be highlighting and celebrating your Administration's many accomplishments on behalf of the American people,' DeVos wrote to Trump. 'Instead, we are left to clean up the mess cause[d] by violent protestors overrunning the U.S. Capitol in an attempt to undermine the people's business. That behavior was unconscionable for our country. There is no mistaking the impact your rhetoric had on the situation, and it is the inflection point for me.'" MB: Betsy, of course, is not sticking around to clean up the mess. She doesn't do housework. I think she & Elaine Chou are leaving so they can avoid consideration of invoking the 25th Amendment.

Former Chief-of-Staff Suddenly Notices Trump is Dangerously Crazy. Rachel Elbaum of NBC News: "... Donald Trump's former acting chief of staff and current special envoy to Northern Ireland Mick Mulvaney on Thursday said he has resigned from his post after pro-Trump rioters stormed the Capitol. 'I called [Secretary of State] Mike Pompeo last night to let him know I would be resigning from that. I just can't do it. I can't stay,' Mulvaney said in an interview with CNBC.... 'Those who choose to stay, and I have talked with a couple of them, are choosing to stay because they're concerned the president might put someone in to replace them that could make things even worse,' Mulvaney said." (Also linked yesterday.)

Katie Benner of the New York Times: "The Justice Department said on Thursday that it would not rule out pursuing charges against President Trump for his possible role in inciting the mob that marched to the Capitol, overwhelmed officers and stormed the building a day earlier. 'We are looking at all actors, not only the people who went into the building,' Michael Sherwin, the U.S. attorney in Washington, told reporters. Mr. Sherwin was asked whether such targets would include Mr. Trump.... Mr. Sherwin said he stood by his statement. 'We're looking at all actors,' he said. 'If the evidence fits the elements of a crime, they're going to be charged.' His comments were an extraordinary invocation of the rule of law against a president who has counted on the Justice Department to advance his personal agenda...." MB: Yo, Michael, better review those speeches by Rudy & Junior, too. CNN's story is here. ~~~

     ~~~ From the Haberman & Schmidt story on Trump's plan to pardon himself, also linked below: "As aides urged Mr. Trump to issue a strong condemnation on Wednesday and he rejected that advice, the White House counsel, Pat A. Cipollone, warned Mr. Trump that he could face legal exposure for the riot given that he had urged his supporters to march to the Capitol and 'fight' beforehand, according to people briefed on the discussion. The president had appeared to White House aides to be enjoying watching the scenes [of terrorism] play out on television." MB: Four people died in the melee, a Capitol Police officer is on life support, people around the world were horrified, and Trump thought it was all fun teevee. ~~~

~~~ Irony of the Day. Evie Fordham of Fox "News: "Acting Attorney General Jeffrey Rosen vowed that pro-Trump rioters who entered the U.S. Capitol would 'face the full consequences of their actions under the law,' and those consequences could include being charged under President Trump's executive order authorizing up to 10 years in prison for 'injury of federal property.'... The order directs the Department of Justice to 'prosecute to the fullest extent permitted under federal law' those who vandalize government property. Federal law allows 10 years in prison as a maximum punishment for such vandalism. 'I just had the privilege of signing a very strong Executive Order protecting American Monuments, Memorials, and Statues - and combatting recent Criminal Violence,' Trump wrote on Twitter on June 26. 'Long prison terms for these lawless acts against our Great Country!'" MB: It would be terrific if one of the charges brought against Trump was inciting "injury of federal property."

A.J. Willingham of CNN: "As images and social media posts of Wednesday's insurrection at the US Capitol circulate online, some of those who were present are being identified, and some have lost or left their jobs because of it."

Lara Jakes & Michael Shear of the New York Times: "The White House formally asked for the resignations of its ambassadors and other political appointees on Thursday as a wave of senior officials announced their departure from the government after President Trump incited supporters who had assaulted the Capitol a day earlier. The storming of the Capitol to disrupt the official Electoral College tally on Wednesday sent shock waves across the United States and around the world, and prompted Mr. Trump to promise early Thursday that he would ensure an 'orderly transition' to the administration of President-elect Joseph R. Biden Jr. Hours after Mr. Trump conceded the reality of Mr. Biden's victory, the White House issued a demand for the resignations of most of the estimated 4,000 political appointees working in the Trump administration, including cabinet secretaries, ambassadors and other policy advisers. That normally routine step for presidential administrations is usually issued within a few weeks of the election...."

Jim Acosta of CNN: "On Tuesday, [Vice President] Pence came under intense pressure from Trump to toss out the election results during a meeting that lasted hours in the Oval Office. The vice president's chief of staff, Marc Short, was banned by Trump from entering the West Wing, [a] source said, as the President repeatedly warned with 'thinly veiled threats' to Pence that he would suffer major political consequences if he refused to cooperate.... 'Rudy [Giuliani], [Mike] Meadows and their teams have been trying to set up the vice president to take the fall as opposed to admitting they laid out false hope in all of this,' the source said. 'Trump just can't admit defeat and wants a scapegoat,' the source added.... Several of the violent Trump supporters who were rampaging the US Capitol were heard screaming 'where's Mike Pence,' the source said, frightening the vice president and his family. Yet, the President and his top aides barely lifted a finger to check in on Pence to make sure he and his family were unharmed, the source added."

Michael Schmidt & Maggie Haberman of the New York Times: "President Trump has suggested to aides he wants to pardon himself in the final days of his presidency, according to two people with knowledge of the discussions, a move that would mark one of the most extraordinary and untested uses of presidential power in American history. In several conversations since Election Day, Mr. Trump has told advisers that he is considering giving himself a pardon and, in other instances, asked whether he should and what the effect would be on him legally and politically, according to the two people.... Mr. Trump has shown signs that his level of interest in pardonin himself goes beyond idle musings. He has long maintained he has the power to pardon himself, and his polling of aides' views is typically a sign that he is preparing to follow through on his aims.... Legal scholars ... agree a presidential self-pardon could create a dangerous new precedent for presidents to unilaterally declare they are above the law and to insulate themselves from being held accountable for any crimes they committed in office." CNN's story is here.

Randi Richardson of NBC News: "Michelle Obama chastised ... Donald Trump over Wednesday's riots at the Capitol, calling him 'infantile and unpatriotic' before delivering an emotional critique of how police responded to the mob as compared to this summer's Black Lives Matter protests.... Obama also addressed the law enforcement response, which she suggested would have been far stronger if the rioters were Black. 'What if these rioters had looked like the folks who go to Ebenezer Baptist Church every Sunday?' she said. 'What would have been different?... Seeing the gulf between the responses to yesterday's riot and this summer's peaceful protests and the larger movement for racial justice is so painful,' she added. 'It hurts. ... in city after city, day after day, we saw cracked skulls and mass arrests, law enforcement pepper spraying its way through a peaceful demonstration for a presidential photo op.' Obama compared athletes kneeling during the national anthem ... to Wednesday's 'unpatriotic' scene, saying it 'made it painfully clear that certain Americans are, in fact, allowed to denigrate the flag and symbols of our nation. They've just got to look the right way.'"

Paul Krugman: "Donald Trump ... is indeed a fascist -- an authoritarian willing to use violence to achieve his racial nationalist goals. So are many of his supporters. If you had any doubts about that, Wednesday's attack on Congress should have ended them. And if history teaches us one lesson about dealing with fascists, it is the futility of appeasement.... But even those who didn't actively join his attempts to stage a coup tried to let Trump and his followers down easy.... One senior Republican said to The Washington Post, 'What is the downside for humoring him for this little bit of time?' Well, now we know the answer.... What we know [about Wednesday's attack on the Capitol] suggests that the people who were in charge of protecting Congress failed to do so because they didn't want to be seen treating the MAGA mob as the danger it was.... If you imagine that the people who stormed the Capitol will just go away once Biden is installed in the White House, you're delusional.... Appeasement is what got us to where we are. It has to stop, now."

Trump Banned from Facebook for Remainder of Presidency. Rebecca Heilweil & Shirin Ghaffary of Vox: "... on Thursday, Facebook's CEO Mark Zuckerberg announced that the company would be indefinitely suspending Trump's ability to post on the platform. Zuckerberg said that Trump would be barred from posting on Facebook and Instagram for at least the next two weeks, the remainder of his presidency." (Also linked yesterday.)

Backbenchers' Brawl. Timothy Bella & Lateshia Beachum of the Washington Post: "An impassioned speech from Rep. Conor Lamb (D-Pa.) nearly sparked an early morning fistfight between two other House lawmakers during the debate over Pennsylvania's electoral votes. Lamb said the GOP objectors to Joe Biden's presidential election win didn't need to 'strip this Congress of its dignity' any more after pro-Trump rioters attacked the Capitol on Wednesday.... Rep. H. Morgan Griffith (R-Va.) ... raised a point of order and attempted to have his colleague's words struck from the record. House Speaker Nancy Pelosi (D-Calif.) refused.... As Lamb continued to talk, a scrum reportedly broke out between a few Republicans and Democrats, away from cameras' view. About a dozen lawmakers cleared their benches to intervene...."

Sabrina Tavernise & Matthew Rosenberg of the New York Times: "... what comes into focus in the storming of the Capitol is a jumbled constellation of hard-core Trump supporters: a largely white crowd, many of them armed with bats, shields and chemical spray; some carried Confederate flags and wore costumes of fur and horns inspired by QAnon.... Their number included a 60-year-old gun rights activist from Arkansas who was pictured sitting in Speaker Nancy Pelosi's office, men in tactical gear taking selfies in the Rotunda and a woman carrying a QAnon-inspired sign about children in the House chamber.... The group included some well-known figures from the conspiratorial right, including Jake Angeli, who has pushed the false QAnon claims that Mr. Trump was elected to save America from deep-state bureaucrats and prominent Democrats who worship Satan and abuse children.... There were also leaders from the Proud Boys.... Chris Hood and members of his National Socialist Club, a neo-Nazi group, posted photos on Telegram from outside the Capitol on Wednesday.... The mob came from the broader crowd, tens of thousands of Mr. Trump's most loyal supporters...." ~~~

~~~ Joseph Fitsanakis of Intel News: "The mob that ransacked the Capitol was disordered, leaderless, and appeared to have no coordination, or even direction. However, the broader militant movement that it represents is evolving very rapidly. If left unchecked, it will be able to turn its weaknesses into strengths and spell major trouble ahead for the already stormy waters of American politics. The nation's law enforcement and security agencies must therefore prepare for a period of widespread insurrection.... Broadly speaking, political commentators seem to regard the assault on the Capitol as a blundering catastrophe for the Trump movement.... Many of its members self-identify as nationalist revolutionaries, and will welcome the storming of the Capitol as the opening shots of what they see as the second American Revolution. Wednesday's events marked the first time that the Capitol was ransacked by assailants since the War of 1812. The symbolism of this act ... will galvanize and inspire the militant wing of the Trump movement." --s ~~~

     ~~~ Among the Perps. Eddie Burkhalter of the Alabama Political Reporter: "Alabama Attorney General Steve Marshall plays a critical role in the group that helped organize the protest and rally that preceded the riots, attack and attempted insurrection at the U.S. Capitol on Wednesday. Marshall leads the Republican Attorneys General Association's dark-money nonprofit Rule of Law Defense Fund, which is listed as a participating organization for the March to Save America on the march's website, as are the groups Stop the Steal, Tea Party Patriots and Turning Point Action. The website is now down, but archived versions show RLDF as a participating group.... Prior to the protest, RLDF sent out robocalls detailing when and where citizens should meet, which was first reported by Documented.... Marshall on Wednesday issued a statement condemning the violence at the Capitol but did not mention his role leading a group that helped organize the march.... In a statement to APR after this story published, RAGA's executive director Adam Piper said neither RAGA nor RLDF was involved with the planning of the rally and seemed to place the blame on staff." ~~~

~~~ Jeremy Peters of the New York Times: "... many of [Donald Trump's] most vocal and visible allies in Congress, the media and conservative politics still could not bring themselves to fault him for the surreal and frightening attack carried out by people he had just urged to 'fight like hell.' They downplayed the violence as acts of desperation by people who felt lied to by the news media and ignored by their elected representatives. They deflected with false equivalencies about the Democratic Party's embrace of the Black Lives Matter movement. Some even tried to dispute the fact that Trump supporters were actually the perpetrators, suggesting that far-left activists had infiltrated the crowd and posed as fans of the president.... [The excuses] came from some of his highest-profile allies who helped enable his rise in the Republican Party and have aided him in his unrelenting assault on anyone who questions his actions.... On the floor of the House late Wednesday evening, Representative Matt Gaetz of Florida blamed saboteurs 'masquerading as Trump supporters' for the violence...." ~~~

~~~ Sara Fischer of Axios: "The right's favored media -- conservative TV, websites and social networks -- offered an alternate reality in which everyone but pro-Trump rioters were to blame for the mayhem at the Capitol. Here's the version of events a good chunk of America got: Instead of condemning the pro-Trump mobs that stormed Washington, right-wing media outlets mostly blamed left-wing activists, the media, Vice President Pence -- and even police officers -- for the riots that some suggested were the start of a 'civil war' in America. Hosts on Fox News, One America News Networ and Newsmax went so far as to baselessly suggest that the unlawful protestors at the Capitol may have been members of Antifa.... Tucker Carlson ended the monologue at the top of his Fox News show by saying: 'We got to this sad, chaotic day for a reason. It is not your fault. It is their fault.'... Even when it became obvious that the riots were becoming destructive, right-wing networks downplayed the severity of events, calling those marching on the Capitol mostly peaceful protestors." (Also linked yesterday.)

Josh Loses a Book Deal. Elizabeth Harris & Alexandra Alter of the New York Times: "Simon & Schuster said on Thursday that it would cancel the publication of an upcoming book by Senator Josh Hawley, one of several members of Congress who tried to overturn the results of the presidential election. Mr. Hawley, a Missouri Republican and Trump ally, has been criticized for challenging the results and accused of helping incite the mob that stormed the Capitol on Wednesday. His book, 'The Tyranny of Big Tech,' was scheduled to be published in June. 'We did not come to this decision lightly,' Simon & Schuster said in a statement. '... we take seriously our larger public responsibility as citizens, and cannot support Senator Hawley after his role in what became a dangerous threat.'" Politico's story is here. MB: What an irony that Little Lord FloutTheLaw had the gall to accuse somebody else of "tyranny." (Sorry, but every time I see a picture of Hawley, I can't help but see an 18th-century fop wearing a powdered wig & tight breeches & decorating his face with powder, rouge & a fake beauty mark.) ~~~

~~~ Tony Messenger of the St. Louis Post-Dispatch: "Former U.S. Sen. John C. Danforth ... criticized his protégé [Sen. Josh Hawley], a fellow Yale Law School graduate. He called Hawley's plan [to challenge the Electoral College votes in states Joe Biden won] 'radical' and dangerous.... 'Supporting Josh and trying so hard to get him elected to the Senate was the worst mistake I ever made in my life,' Danforth said in a phone interview Thursday afternoon." MB: Actually, no, John. The worst mistake you ever made in your life -- as far as I know -- was avidly promoting Clarence Thomas to be elevated to a seat on the Supreme Court. Hawley can be voted out; Thomas has been desecrating the nation for decades, and he ain't done yet.

The Trumpidemic, Ctd.

The New York Times' live updates of Covid-19 developments Thursday are here: "Dr. Anthony S. Fauci ... predicted on Thursday that the daily death toll from the coronavirus would continue to rise for weeks to come, and counseled patience with the vaccination program gearing up across the nation. Hours later, officials across the United States reported yet another daily record for deaths, over 4,000. The total for the pandemic in the U.S. has surpassed 365,400. In an interview with NPR, Dr. Fauci said high toll was likely to continue, and was probably be a reflection of increased travel and gatherings over the holidays.

"As Americans were transfixed by the spectacle of the Capitol under siege, the coronavirus continued to sweep across the United States. Officials reported at least 3,963 new coronavirus deaths in the United States on Wednesday, a new single-day record, though delayed recording because of the holidays might have played a role. The daily death toll in New Hampshire, Oklahoma and Pennsylvania also set records. Some states also reported single-day case records, while Illinois became one of five states that have now recorded their millionth case since the pandemic began." (Also linked yesterday.)

Janny Scott of the New York Times: "Neil Sheehan, the Vietnam War correspondent and Pulitzer Prize-winning author who obtained the Pentagon Papers for The New York Times, leading the government for the first time in American history to get a judge to block publication of an article on grounds of national security, died on Thursday at his home in Washington. He was 84." ~~~

~~~ "Now It Can Be Told." Janny Scott: "There was one story Neil Sheehan chose not to tell. It was the story of how he had obtained the Pentagon Papers, the blockbuster scoop that led to a 1971 showdown between the Nixon administration and the press, and to a Supreme Court ruling that is still seen as a milepost in government-press relations. From the moment he secured the 7,000 pages of classified government documents on the Vietnam War for The New York Times, until his death on Thursday, Mr. Sheehan ... declined nearly every invitation to explain precisely how he had pulled it off. In 2015, however, at a reporter's request, he agreed to tell his story on the condition that it not be published while he was alive. Beset by scoliosis and Parkinson's disease, he recounted, in a four-hour interview at his home in Washington, a tale as suspenseful and cinematic as anyone in Hollywood might concoct.... Recounting the steps that led to his breaking the story, Mr. Sheehan told of aliases scribbled into the guest registers of Massachusetts motels; copy-shop machines crashing under the burden of an all-night, purloined-document load; photocopied pages stashed in a bus-station locker; bundles belted into a seat on a flight from Boston; and telltale initials incinerated in a diplomat's barbecue set. He also revealed that he had defied the explicit instructions of his confidential source, whom others later identified as Daniel Ellsberg...."

The Commentariat -- January 7, 2021

Late Morning Update:

Former Chief-of-Staff Suddenly Notices Trump is Dangerously Crazy. Rachel Elbaum of NBC News: "... Donald Trump's former acting chief of staff and current special envoy to Northern Ireland Mick Mulvaney on Thursday said he has resigned from his post after pro-Trump rioters stormed the Capitol. 'I called [Secretary of State] Mike Pompeo last night to let him know I would be resigning from that. I just can't do it. I can't stay,' Mulvaney said in an interview with CNBC.... 'Those who choose to stay, and I have talked with a couple of them, are choosing to stay because they're concerned the president might put someone in to replace them that could make things even worse,' Mulvaney said."

Trump Banned from Facebook for Remainder of Presidency. Rebecca Heilweil & Shirin Ghaffary of Vox: "... on Thursday, Facebook's CEO Mark Zuckerberg announced that the company would be indefinitely suspending Trump's ability to post on the platform. Zuckerberg said that Trump would be barred from posting on Facebook and Instagram for at least the next two weeks, the remainder of his presidency."

Sara Fischer of Axios: "The right's favored media -- conservative TV, websites and social networks -- offered an alternate reality in which everyone but pro-Trump rioters were to blame for the mayhem at the Capitol. Here's the version of events a good chunk of America got: Instead of condemning the pro-Trump mobs that stormed Washington, right-wing media outlets mostly blamed left-wing activists, the media, Vice President Pence -- and even police officers -- for the riots that some suggested were the start of a 'civil war' in America. Hosts on Fox News, One America News Network and Newsmax went so far as to baselessly suggest that the unlawful protestors at the Capitol may have been members of Antifa.... Tucker Carlson ended the monologue at the top of his Fox News show by saying: 'We got to this sad, chaotic day for a reason. It is not your fault. It is their fault.'... Even when it became obvious that the riots were becoming destructive, right-wing networks downplayed the severity of events, calling those marching on the Capitol mostly peaceful protestors."

The New York Times' live updates of Covid-19 developments Thursday are here: "As Americans were transfixed by the spectacle of the Capitol under siege, the coronavirus continued to sweep across the United States. Officials reported at least 3,963 new coronavirus deaths in the United States on Wednesday, a new single-day record, though delayed recording because of the holidays might have played a role. The daily death toll in New Hampshire, Oklahoma and Pennsylvania also set records. Some states also reported single-day case records, while Illinois became one of five states that have now recorded their millionth case since the pandemic began."

~~~~~~~~~~

Rosalind Helderman, et al., of the Washington Post: "Members of Congress, shaken and angry following a violent assault on the U.S. Capitol by a mob of President Trump's supporters, put a final stamp on President-elect Joe Biden's victory early Thursday morning and brought an end to a historically turbulent post-election period. Republicans had at one point planned to object to the electoral college votes in a series of states won by Biden, but after the storming of the Capitol, several GOP senators changed course, disputing only Arizona and Pennsylvania. Both challenges failed.... Shortly after Congress affirmed Biden's win, Trump pledged an 'an orderly transition.' The statement, tweeted by White House social media director Dan Scavino as Trump remained locked out of his own Twitter account, stops short of conceding or congratulating Biden. 'Even though I totally disagree with the outcome of the election, and the facts bear me out, nevertheless there will be an orderly transition on January 20th,' Trump said, noting that Congress's action 'represents the end of the greatest first term in presidential history.'... House Speaker Nancy Pelosi said she had consulted with fellow congressional leaders, the Pentagon, the Justice Department and Vice President Pence before concluding that Congress should move ahead with the ceremony interrupted earlier in the day by rioters provoked to action by Trump at a morning rally. 'Today, a shameful assault was made on our democracy. It was anointed at the highest level of government. It cannot, however, deter us from our responsibility to validate the election of Joe Biden,'..."

"Mob Incited by Trump Storms Capitol"
          -- NYT Online Banner Headline ~~~

"Trump Incites Mob" -- NYT Print Banner Headline

The New York Times is liveblogging events around what is supposed to be a ceremonial Electoral College vote count before a joint session of Congress. "Congress confirmed President-elect Joseph R. Biden Jr.'s victory early Thursday morning, hours after a mob of loyalists urged on by President Trump stormed and occupied the Capitol, disrupting the final electoral count in a shocking display of violence that shook the core of American democracy. President Trump, who spent months stoking the anger of his supporters with false claims that the election was stolen and refused to condemn the violent protesters on Wednesday, said early Thursday that he would respect the results of the election.... Mr. Trump's comments came moments after Mr. Biden's victory was certified shortly before 4 a.m. by a joint session of Congress presided over by Vice President Mike Pence.... [MB: IOW, he's still pretending he won.]

"... the Senate rejected an attempt from Republicans to overturn the will of Pennsylvania voters early Thursday morning, effectively ending a final attempt from insurgents to turn a loss for President Trump in the state into a win. By a vote of 92 to 7, the Senate turned back the challenge shortly before 1 a.m....

"Congress voted down an attempt to overturn the will of Arizona's voters on Wednesday night, after a violent mob stormed the Capitol in a brazen effort to keep President Trump in office despite his decisive election loss in November. While the House rejected the attempt with 303-to-121 vote, more than half of the Republican conference sought to overturn the Arizona electoral slate despite pleas from Democrats to reconsider after an insurgent mob stormed the Capitol. Representatives Kevin McCarthy of California, the minority leader, and Steve Scalise, the No. 2 House Republican, were among those seeking to keep Mr. Trump in office despite his loss. The Senate offered a sharper rebuke with a 93-to-6 vote after at least four Republican lawmakers ... said they had changed their minds and would vote to uphold the Electoral College results...." ...

“Lawmakers resumed counting Electoral College votes on Wednesday, hours after a mob of Trump loyalists stormed the Capitol resulting in the death of one woman, with Vice President Mike Pence gaveling in the session and saying that Wednesday was a 'dark day in the history of the United States Capitol.' 'To those who wreaked havoc in our Capitol today, you did not win,' Mr. Pence said. 'Violence never wins. Freedom wins. And this is still the people's house.' Senator Mitch McConnell, Republican of Kentucky, promptly vowed that the Senate would finish its work Wednesday night, undeterred by 'failed insurrection.' 'They tried to disrupt our democracy,' he said. 'They failed. They failed.' ~~~

~~~ "Earlier in the evening, Speaker Nancy Pelosi wrote in a letter to colleagues that they were determined to reconvene saying, 'We always knew this responsibility would take us into the night.' Violence overtook the Capitol on Wednesday afternoon, when a mob loyal to President Trump stormed the building, halting Congress's counting of the votes as the police evacuated lawmakers in a scene of violence, chaos and disruption that shook the core of American democracy. The sergeant-at-arms, the top security official at the Capitol, announced that the building had been secured around 5:40 p.m.... ~~~

~~~ "In a scene of unrest common in authoritarian countries but seldom witnessed in the history of the United States capital, hundreds of people in the mob barreled past fence barricades outside the Capitol and clashed with officers. Shouting demonstrators mobbed the second floor lobby just outside the Senate chamber, as law enforcement officials placed themselves in front of the chamber doors. For a time, senators and members of the House were locked inside their respective chambers. Images posted on social media showed at least one person took to the rostrum of the House chamber to declare his support for Mr. Trump.... ~~~

~~~ "In a brief video posted to his Twitter account shortly after 4 p.m., Mr. Trump repeated his baseless claim that 'the election was stolen' and spoke in sympathetic and affectionate terms to members of the mob, before advising them to 'go home.' 'We love you,' he added. The posting, which Twitter later removed after locking the president's account, came hours after Mr. Trump appeared at a rally in which he exhorted his supporters to go to the Capitol to register their discontent....

"Appalled by the violence that engulfed the Capitol on Wednesday, at least four Republican lawmakers, including Senator Kelly Loeffler of Georgia, said they had changed their minds and would vote to uphold the Electoral College results after having previously said they would object to them.... Ms. Loeffler's remarks came after Representative Cathy McMorris Rodgers of Washington and Senator Steve Daines of Montana condemned the actions of the mob of Trump loyalists who stormed the Capitol earlier on Wednesday and said they would no longer back an effort by some of their Republican colleagues to throw out the election results. Senator James Lankford, Republican of Oklahoma, joined the group late Wednesday as well, releasing a joint statement with Mr. Daines that called on 'the entire Congress to come together and vote to certify the election results.'...

"The violence at the Capitol broke out around 2:15 p.m. on Wednesday.... Within minutes of Trump supporters breaching the Capitol complex, a mob was pounding on the doors of the House gallery, where a group of lawmakers were trapped. 'I thought we'd have to fight our way out,' said Representative Jason Crow, Democrat of Colorado and a former Army Ranger who served in Iraq. He said he moved the others away from the barricaded door in the gallery, helping them don gas masks and telling them to take off the lapel pins assigned to all House members.... Representative Patrick Fallon, Republican of Texas, wrote on Facebook: 'We broke off furniture to make clubs to defend the US House of Representatives.'... After 15 minutes, Mr. Crow said, the Capitol Police and SWAT team members cleared a path outside the gallery, above the House floor, and hustled the lawmakers out on a rescue mission. With the police in the lead, guns drawn, the lawmakers entered a scene of chaos and mayhem, Mr. Crow said. Some officers rushed to barricade other doors to block the mob, which swarmed the hallways just steps from where lawmakers were meeting, wearing and carrying pro-Trump paraphernalia. Other officers pinned some Trump supporters to the ground to allow the lawmakers pass....

"President Trump on Wednesday evening openly condoned on social media the violence unfolding at the other end of Pennsylvania Avenue after a mob of his supporters stormed the Capitol, prompting Facebook and Twitter to remove his posts and lock his accounts. 'These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long,' Mr. Trump tweeted Wednesday evening, after spending much of the afternoon in the Oval Office watching footage of escalating violence unfolding on Capitol Hill. 'Go home with love & in peace. Remember this day forever!'... It was only hours into the melee, and after an explosive device was found at the Republican National Committee headquarters, that Mr. Trump released a message telling the mob to leave....

"In the hours after President Trump took to social media to openly condone the violence at the Capitol, he found himself increasingly isolated as White House officials began submitting their resignations, with more expected to follow suit. Stephanie Grisham, the former White House press secretary who served as the chief of staff to Melania Trump..., submitted her resignation after the violent protests.... Rickie Niceta, the White House social secretary, also said she was resigning.... And Sarah Matthews, a deputy White House press secretary, also submitted her resignation, saying in a statement that she was 'deeply disturbed by what I saw today.'...

"After a mob of President Trump's supporters stormed Capitol Hill, egged on by his rejection of the 2020 election results, a small but growing chorus of civic and business leaders and lawmakers released statements calling for his removal from power. Some suggested that Vice President Mike Pence should invoke the 25th Amendment, which provides procedures that can be used to replace a sitting president who is no longer capable of fulfilling his duties." [Here's the full statement of National Association of Manufacturers President and CEO Jay Timmons, who has worked closely with Trump but now is calling for invocation of the 25th Amendment.]

Kaitlin Collins, et al., of CNN: "... Donald Trump's deputy national security adviser Matt Pottinger resigned Wednesday afternoon in response to Trump's reaction to a mob of his supporters breaching the US Capitol, a person close to Pottinger confirms to CNN. Pottinger told people there was very little for him to consider.... Several of Trump's top national security aides -- including national security adviser Robert O'Brien -- are considering resigning in the wake of his response to a day of chaos and violence, according to multiple sources familiar with their thinking. Deputy chief of staff Chris Liddell is also considering resigning, according to the sources. Earlier Wednesday, O'Brien took the unusual step of defending Vice President Mike Pence, as Trump has been consumed by the vice president's refusal to do his bidding instead of the mob that breached Capitol Hill. O'Brien said Pence showed courage as Trump lambasted him."

Phone-challenged Rudy Is Still Trying to Slow Vote Count. Steve Hayes of the Dispatch: "Rudy Giuliani ... is calling Republican lawmakers urging them to delay the electoral vote count by at least one day to allow the president and his team to present more evidence of alleged election fraud. Giuliani was making calls this evening, as late as an hour before Congress reconvened, in a desperate attempt to block the final count of Electoral College votes. At approximately 7 p.m., Giuliani called newly sworn-in Alabama Sen. Tommy Tuberville, a staunch Trump ally, imploring him to stall the process.... Giuliani tells Tuberville that McConnell wants to narrow the objections to just three states and explains that the Trump team wants to object to 10.... The problem for Giuliani? He left his message on the voicemail of another senator, who shared it with The Dispatch. It's not clear whether Giuliani -- who opens the call by referring to himself as 'the president's lawyer' -- was directed to call Tuberville by President Trump." Update: Now includes the audio of Giuliani's call. ~~~

     ~~~ Marie: I don't know what Trump directed Rudy to do, but A.B. Stoddard, appearing on MSNBC, reported that Trump was "excited" by his supporters' invasion of the Capitol. See also Kaitlan Collins' CNN report, linked below.

Karoun Demirjian, et al., of the Washington Post: "A handful of Senate Republicans who had vowed to protest President-elect Joe Biden's electoral college win abruptly reversed their objections after a mob of President Trump's supporters violently stormed the Capitol -- even as other rogue senators signaled they would continue to contest the election results after Wednesday's deadly siege.... But one key senator -- Josh Hawley (R-Mo.), the first senator to announce he would protest the electoral college results &-- refused to relent. Hawley still plans to object to confirming the electoral votes from Pennsylvania during joint session.... Hawley noted that he would speak about the Pennsylvania electors during the debate over Arizona's results, 'in lieu of speaking about it later.'"

Kaitlan Collins, et al., of CNN: "Vice President Mike Pence, not ... Donald Trump, helped facilitate the decision to mobilize members of the DC National Guard Wednesday when violence at the US Capitol building started to escalate, according to a source familiar with the move and public comments from top officials. Trump, who has proven over the past year to be eager to deploy the National Guard when violence breaks out, initially resisted doing so on Capitol Hill Wednesday as a mob of his supporters breached the building, per a source familiar. Pence played a key role in coordinating with the Pentagon about deploying them, and urged them to move faster than they were. The news raises questions about who was acting as commander in chief on one of America's darkest days, which saw the country's legislature overrun for the first time since the British attacked and burned the building in August 1814."

Brandy Zadrozny & Ben Collins of NBC News: "Radical conservative activists and allies of ... Donald Trump quickly began to spread disinformation about the Capitol riots Wednesday, claiming with no evidence that pro-Trump protesters photographed breaking into congressional chambers were anti-fascist activists. L. Lin Wood, a lawyer behind multiple failed lawsuits seeking to overturn the election results who has also pushed QAnon-related conspiracy theories, tweeted photos of the break-in alongside photos of a pair of notorious American neo-Nazis, claiming that the photos offered 'indisputable photographic evidence that antifa violently broke into Congress today.' The claims are typical of many that arise during major news events and particularly violent acts; fringe communities often label them 'false flag' attacks meant to push a liberal political agenda."

The Washington Post's live update of Wednesday's debacle is here. The page is free to non-subscribers: "Trump ... took the stage about noon to roaring crowds, falsely claiming he had won the election. Later at the U.S. Capitol, throngs of people pushed past police who were trying to block them from entering the building as lawmakers inside debated counting electoral college votes confirming Biden's victory. A mob was able to breach security and successfully enter the building, where one person was shot and later died....

"Former presidents and members of Congress denounced Trump and his supporters Wednesday for inspiring and enabling the violent storming of the Capitol. Former president Barack Obama said in a statement that history will remember violence 'incited by a sitting president who has continued to baselessly lie about the outcome of a lawful election.' But he also blamed 'a political party and its accompanying media ecosystem' for playing along with Trump's falsehoods, saying Republican leaders can either continue down a dark path or 'choose reality.' Former president Bill Clinton said that Wednesday's 'unprecedented assault on our Capitol, our Constitution, and our country' was long in the making. 'The match was lit by Donald Trump and his most ardent enablers, including many in Congress, to overturn the results of an election he lost,' Clinton tweeted....

"Sen. Mitt Romney (R-Utah) released a blistering critique of Trump, saying the day's events were the result of a 'selfish man's injured pride and the outrage of his supporters whom he has deliberately misinformed for the past two months and stirred to action this very morning.... 'What happened here today was an insurrection, incited by the President of the United States,' he said. Former president George W. Bush did not mention Trump or any other leader by name but criticized the politicians who 'inflamed' those who broke into the Capitol building, where a woman was fatally shot.... [Here's Romney's full prepared statement.]

"What appeared to be two realistic-looking homemade bombs were found near the Republican National Committee headquarters and the Democratic National Committee headquarters in downtown Washington, officials said Wednesday, adding to the danger and disorder centered around Congress....

"Twitter locked President Trump out of his account for the first time late Wednesday, the most punitive step the social media giant has taken so far against the president on a day of social unrest and violence in Washington. The timeout, which will last for 12 hours, also included the removal of three tweets and a warning that Trump could be subject to a permanent suspension if he continues tweeting baseless conspiracies about the election and inciting violence....

"As pro-Trump protesters began to wander away from the Capitol, some showed up at Black Lives Matter Plaza, where a brawl erupted with anti-Trump protesters involving pepper spray and at least one Taser....

"Shortly before 5 p.m., law enforcement officers on the uppermost level of the Capitol's west plaza began moving to break up the mob, using flash bangs and other riot-control tools. Earlier, some rioters scaled the walls to join the crowds on the elevated plaza and climbed the viewing platforms and media scaffolding set up for the inauguration. As they chanted 'shame on Pence,' a firecracker went off. A line of police officers in gas masks and riot gear stood between the crowd and the lighted windows of the building. 'These f------ are lucky we're not here with our AR-15s,' one man said....

"Senate Majority Leader Mitch McConnell wants senators to return to the chamber Wednesday night to finish counting electoral votes, and he puts a lot of the blame for the day's events on President Trump, an adviser to the Kentucky Republican said. The adviser ... said McConnell had not spoken to Trump on Wednesday but is angry with him and blames Trump for inciting his supporters....

"D.C. Mayor Muriel E. Bowser condemned rioters who stormed the U.S. Capitol, urging residents to stay calm and stay at home under a citywide curfew she imposed that begins at 6 p.m....

"Just before 4 p.m., police officers confronted a mob of hundreds trying to break through a door on the north side of the U.S. Capitol. Law enforcement used batons against demonstrators, who swung flagpoles. Both groups used pepper spray. Shortly after, the rioters overpowered the officers and stormed into the building, chanting 'treason' and 'our house.' A few minutes later, clouds of tear gas emerged over the crowd, and people ran from the Capitol. The mob members who made it inside the Capitol took on a celebrity status when they came back out....

"A mob of about 100 people stormed a press staging area with TV cameras just before 5 p.m. They knocked over barricades and began stomping on and destroying camera equipment, some hitting the equipment with Trump flags. The people yelled: 'CNN sucks!' and 'These are the real enemies; these are the real problem.'...

"Compared to the mass of demonstrators who surrounded and stormed the Capitol earlier in the afternoon, just hundreds remained at dusk. They appeared to be intent on causing additional chaos. Those who remained spoke of violence, taunted police and surrounded a group of TV reporters -- threatening them, destroying their camera equipment and taking over their staging area. 'Traitors get the rope!' one man chanted. As law enforcement moved protesters off the Capitol steps with flash bangs and canisters that released irritants, several demonstrators charged the officers. One man threw a Trump flag, while others chanted 'Traitors!'...

"Violence was evident among rioters Wednesday when, shortly after 4 p.m., a fight broke out on the east side of the Capitol building, with one man tumbling down the stairs as others threw punches. Other protesters pulled the fight apart. It was unclear who was involved. By this time, hundreds of people who had previously gathered in the area had fled, saying they feared injury after reports of a shooting inside the building spread through the crowd. Still, hundreds remained, mostly gathered on the steps and allowed to roam freely. Groups of police officers were convened nearby, but they stayed back from the protesters and did not interfere....

"Soon after facing backlash, Ivanka Trump deleted her tweet describing the mob that violently stormed the Capitol as 'American Patriots' and condemned the violence. In the now-deleted tweet, the president's eldest daughter wrote, 'American Patriots -- any security breach or disrespect to our law enforcement is unacceptable. The violence must stop immediately. Please be peaceful.'...

"By 3 p.m., rioters were using ropes and makeshift ladders to reach the north side of the Capitol -- although far more simply walked around the corner and reached the building&'s outer walls on foot.... An hour later, thousands were still massed outside the Capitol, filling the bleachers set up for Biden's inauguration and spilling out onto the Mall. They sang the national anthem, blew shofars and horns, and chanted 'U-S-A!' and 'Fight for Trump!' as police lined up along the Capitol railing nearby....

"Ahead of Wednesday's events, several law enforcement officials said that they did not want to overreact to the planned protest, and that street clashes are primarily the responsibility of D.C. police and the U.S. Capitol Police. But on Wednesday, after angry pro-Trump rioters stormed the Capitol, officials scrambled to pull in resources to take back control of the building. Acting attorney general Jeffrey Rosen, who is overseeing the federal response, called the violence 'an intolerable attack on a fundamental institution of our democracy' and said the Justice Department has been working with the Capitol Police 'from the outset.' In the afternoon, hundreds of federal law enforcement agents from the FBI, ATF and the U.S. Marshals Service were sent to assist the Capitol Police 'in addressing this unacceptable situation, and we intend to enforce the laws of our land,' Rosen said....

"President Trump called on people who had stormed the Capitol on Wednesday to 'go home' in a video message posted to Twitter. 'This was a fraudulent election, but we can't play into the hands of these people,' Trump said in the taped video outside the Oval Office that was posted around 4:15 p.m. 'We have to have peace. So go home, we love you, you&'re very special.' The message came shortly after House Speaker Nancy Pelosi (D-Calif.) and Senate Minority Leader Charles E. Schumer (D-N.Y.) on Wednesday called on Trump to issue a statement urging the rioters at the Capitol to disperse....

"After U.S. Capitol Police were overwhelmed by a mob, other law enforcement agencies, including the Maryland and Virginia state police, are rushing to help. The Department of Homeland Security has deployed the Federal Protective Service and Secret Service to assist Capitol Police at the latter's request, said DHS spokesman Alexei Woltornist....

"Maryland and Virginia state troopers and National Guard members will assist at the U.S. Capitol. Virginia Gov. Ralph Northam (D) said shortly after 3:30 p.m. that he had sent members of the Virginia National Guard and 200 state troopers to the District at Mayor Muriel E. Bowser's request. Maryland Gov. Larry Hogan (R) also said he was sending 200 state troopers and an unspecified number of Maryland National Guard members to help restore order....

"President Trump, who repeatedly urged his supporters gathered on the Ellipse earlier Wednesday to march to the U.S. Capitol to demand that Congress overturn the election, tweeted a call to 'stay peaceful' as some of those supporters broke into the Capitol building....

"As Trump supporters stormed the Capitol trying to overturn his victory, President-elect Joe Biden delivered a stern call to stop what he called 'a god-awful display' and called on Trump to 'step up.' 'I call on President Trump to go on national television now to fulfill his oath and defend the Constitution and demand an end to this siege,' Biden said, condemning the president for stoking the flames.... 'At this hour, our democracy is under unprecedented assault, unlike anything we have seen in modern times, an assault on the citadel of liberty, the Capitol itself,' Biden said, calling the protests an 'assault on the most sacred of American undertakings -- the doing of the people's business.'... Biden offered his remarks from Wilmington, Del....

"The situation outside the Capitol escalated around 2 p.m. In one big push, Trump supporters, who had earlier stormed past the barricades, climbed up the steps to the Capitol building, overwhelming the line of officers on guard. Hundreds, then thousands followed them. Some scaled the walls to get up; others climbed over one another to reach the top. For over an hour, people banged on the doors of the Capitol on the north and west sides, chanting, 'Let us in! Let us in!' Chaos ensued whenever authorities inside the building released pepper balls or smoke bombs into the crowd but it was never enough to disperse the group completely. Within minutes, protesters, primarily White men, would cluster around the doors again, yelling, arguing and calling for revolution. On the west side of the Capitol, facing the Washington Monument, protesters mounted Confederate flags and Trump 2020 flags to waves of applause from the crowd....

"The entire D.C. National Guard will be activated within hours, putting 1,100 guardsmen on duty after protesters supporting outgoing President Trump breached the Capitol. The rapid expansion of military involvement came after Mayor Muriel E. Bowser (D) requested that guardsmen already on duty be sent to the Capitol, said the defense official and a District official, speaking on the condition of anonymity due the sensitivity of the issue....

"As debate on the first electoral objection lingered on, senators started realizing that the chaos was ensuing, and shortly after 2 p.m. Vice President Pence and Sen. Charles E. Grassley (R-Iowa), the president pro tempore of the Senate, in the line of succession, were evacuated. From the second floor, just outside the Chamber, protesters could be heard on the first floor, as police screamed back and loud thwacking sound could be heard. As Sen. Kyrsten Sinema (D-Ariz.) finished defending her state's electoral count for President-elect Joe Biden, the Senate went into a quorum call. Capitol Police circled the Senate Chamber, ordering all staff and reporters and any nearby senators into the Chamber -- which was immediately sealed off, locked down on the second and third floors, sealing off any entry to the Chamber. The Senate adjourned....

"House Minority Leader Kevin McCarthy (R-Calif.) condemned the storming of the Capitol and called on President Trump to make a statement in a bid to calm the mob....

"Throngs of pro-Trump supporters burst through security barricades and stormed the U.S. Capitol, where they entered the Senate chamber and forced police to deploy tear gas inside. Lawmakers, tweeting from inside, captured a terrifying scene, with many Democrats assailing Trump for provoking his supporters to attempt what some called a coup of the federal government.

Vice President "Pence, in a letter to lawmakers Wednesday, rejected Trump's view that he could unilaterally reject electoral college votes from states won by Biden when he presides over a joint session of Congress. 'My oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not,' Pence said in the letter. 'My role as presiding officer is largely ceremonial.' His letter circulated as Trump repeatedly implored him to intervene in Congress's counting of the results during a rally at the White House Ellipse.... ~~~

~~~ "Rudolph W. Giuliani ... deployed violent imagery Wednesday in describing the president's efforts to overturn Biden's win, calling for the White House race to be settled by 'trial by combat.' As he addressed a crowd gathered outside the White House awaiting Trump's remarks, Giuliani asserted that Pence has the power to unilaterally reject the electoral vote tally, even though the vice president has no such authority." (Also linked yesterday.)

These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. -- Donald Trump, in a tweet Wednesday afternoon ~~~

~~~ Maggie Haberman of the New York Times: Before Trump left the White House to give his incendiary speech yesterday, he chastised Vice President “Pence as soft. He accused Mr. Pence's chief of staff, Marc Short, of being responsible for Mr. Pence's position, and told his own aides that Mr. Short ... was 'not welcome' [in the White House].... He made clear in his roughly 70-minute speech that he was furious with Mr. Pence and that he wanted the people gathered on the National Mall to go to the Capitol immediately afterward in protest of what he falsely claimed was a stolen election.... [Earlier in the day,] Donald Trump Jr., warmed up the audience by warning of challenges to Republican members of Congress who did not back the pro-Trump efforts: 'We're coming for you,' he said.... Mr. Trump monitored the [violent] scene [at the Capitol] as it unfolded on television.... He continued to disparage Mr. Pence and told people that he was glad that the two Republican incumbents in Georgia, David Perdue and Kelly Loeffler, lost their Senate races, saying they had not done enough to defend him.... [He] he president resisted repeated appeals from advisers [to condemn the violence].... As allies of the president began to go public with their disgust ... and urged him to speak out, White House aides finally coaxed Mr. Trump into a tweet in which he did not condemn the violence." ~~~

     ~~~ Marie: During his speech, as he told his followers to "we'll walk to the Capitol," President* Trump said, "I'll be there with you." He was not.

David Corn of Mother Jones: "By depicting his electoral loss as a theft and profound threat to the nation, Trump signaled to his followers, especially the extremists, that now was a desperate time requiring desperate measures. With such talk, he has become the instigator of one of the most significant terrorist actions in modern American history.... He has been enabled and supported for years by the Republican Party, Fox News, and other right-wing media, and the conservative movement, even as he fueled hatred and division and his corruptions were repeatedly exposed.... The perps are white people who have been riled up by Trump -- and by his handmaids.... After the election, when Trump would not concede, Republican officials, following suit, would not recognize the results. Humor Trump, they said. What harm could come from giving him time to get used to being a loser? Here is the result: Terrorism."

The BBC posts a page of photos of the attempted coup. For instance, there's this guy: ~~~

     ~~~ Richard Ruelas of the Arizona Republic: "Among the supporters of ... Donald Trump who mobbed their way into the U.S. Capitol on Tuesday [MB: Wednesday], one -- unmistakable in his fur, horned hat and painted face -- was Jake Angeli, a QAnon supporter who has been a fixture at Arizona right-wing political rallies over the past year." ~~~

~~~ The Washington Post has a slide show here. The Post's staff reconstructs the attack on the Capitol.

Sarah Ferris, et al., of Politico: "Pro-Donald Trump rioters overwhelmed the Capitol Police and stormed Congress on Wednesday afternoon, interrupting the certification of Joe Biden's Electoral College win and throwing the U.S. Capitol into a deadly spiral of chaos and violence.... Protesters breached the Capitol, entering the Senate chamber and streaming through Statuary Hall. They broke windows and one man sat in the very seat Pence had been sitting in just a few minutes before, while another was in Speaker Nancy Pelosi's office. A handwritten message was left on the speaker's desk, saying, 'We will not back down.' Lawmakers, reporters and staffers sheltered throughout the building as pro-Trump rioters banged on doors and shouted. At one point, gunfire was heard inside the Capitol as Capitol police officers barricaded the doors to the House chamber, guns drawn and blocking rioters from entering. D.C. Police later confirmed one person was shot and killed.... Tear gas was deployed in the rotunda and an improvised explosive device was found on the Capitol grounds. The FBI later said that an investigation into the IED was 'ongoing.' Pelosi, House Minority Leader Kevin McCarthy (R-Calif.), Senate Majority Leader Mitch McConnell (R-Ky.) and Senate Minority Leader Chuck Schumer (D-N.Y.) were quickly whisked away to undisclosed locations as the violent protesters broke through the Capitol, busting through secure doors, shattering windows and even scaling scaffolding outside of Senate leadership offices. One person was injured when they fell more than 30 feet from the scaffolding."

Carol Leonnig, et al., of the Washington Post: "The storming of the U.S. Capitol by a mob of President Trump's supporters on Wednesday was a disastrous failure of security: In a city on high alert, in a building with its own 2,000-officer police department, people forced their way into the sanctums of American democracy with nothing more than flagpoles, riot shields and shoves. Nobody stopped them -- and some officers were captured on video appearing to stand back as rioters streamed inside.... Law enforcement experts said they were mystified by the tactics that police used once the mob was already inside the Capitol.... One image posted on social media showed an officer taking a selfie with one of the intruders, and a video seemed to show officers opening the security fence to let Trump supporters closer. Police did not appear to try to detain the rioters, allowing them to leave unhindered. One even held a woman's hand to steady her on the Capitol steps. The result was an invasion, in which a heavily guarded symbol of American strength and order fell to chaos with stunning speed.... Wednesday's response by the Capitol Police was a striking contrast to how the force has handled apparent threats near the building in the past.... Rep. Tim Ryan (D-Ohio), who chairs a committee that oversees the Capitol Police budget, said Wednesday night that he expected officials to be fired." ~~~

     ~~~ Marie: If you take a look at this page, you'll see a photo & video of a Capitol policeman taking a selfie with a protester. CNN also showed the photo.

Shaila Dewan, et al., of the New York Times: "The [Capitol P]olice force, which numbers about 2,000 officers and has sole jurisdiction over the Capitol's buildings and grounds, was clearly outnumbered and unprepared for the onslaught, even as it was openly organized on social media sites.... It took more than two hours, and reinforcements from other law enforcement agencies, before order was restored. One woman who appeared to have wrapped herself in a flag was fatally shot by a Capitol Police officer, according to Robert Contee,chief of the city's Metropolitan Police Department, which was called in for backup. Another woman and two men died during the events because of as yet unspecified medical emergencies, he said.... The criticism of the Capitol Police was swift and, in some quarters, unforgiving. Some law enforcement experts were astonished by the sight of an officer cowering in the crush of pro-Trump extremists and rioters using police shields and metal barricades as battering rams.... On the east side of the Capitol..., officers eventually retreated up the stairs, allowing the crowd to follow. Another video shows officers appearing to move the barricades aside and let the protesters in."

KUSI News San Diego: "The woman who was shot and killed inside the US Capitol during the protests was from the San Diego area. KUSI News has spoken with her husband. The woman is Ashli Babbit, a 14-year veteran, who served four tours with the US Air Force, and was a high level security official throughout her time in service. Her husband says she was a strong supporter of President Trump...."

Jane Lytvynenko & Molly Hensley-Clancy of BuzzFeed News: "The supporters of ... Donald Trump who rioted in the US Capitol building on Wednesday had been openly planning for weeks on both mainstream social media and the pro-Trump internet. On forums like TheDonald, a niche website formed after Reddit banned the subreddit of the same name, they promised violence against lawmakers, police, and journalists if Congress did not reject the results of the 2020 election. In one interaction four days ago, a person on TheDonald asked, 'What if Congress ignores the evidence?' 'Storm the Capitol,' one replied, which received more than 500 upvotes. 'You're fucking right we do,' another said."

Brad McElhinny of WVMetro News: "A newly-elected member of West Virginia's House of Delegates was among the mob who stormed the U.S. Capitol today. Derrick Evans, R-Wayne, livestreamed and then deleted videos from inside the Capitol, but others took screenshots and videos of the original videos. In one, he is shoots cell phone video out into the Capitol interior while surging through a door. He says, 'We're in! We're in! Derrick Evans is in the Capitol!' In a Facebook post, Evans said he was on a bus traveling home to West Virginia this evening and described himself as 'an independent member of the media to film history.'" MB: Uh-huh.

Yes, Trump Claimed He Won in a "Landslide Election Victory."* Kyle Cheney, et al., of Politico: "... before the Wednesday joint session of Congress even begins, Trump's effort will have fractured the GOP, activated thousands of MAGA marchers to descend on D.C. -- drawing acute security concerns in the capital -- and even pressured the vice president to exercise powers he doesn't have to stop Joe Biden. 'I hope the Democrats, and even more importantly, the weak and ineffective RINO section of the Republican Party, are looking at the thousands of people pouring into D.C,' Trump tweeted Tuesday afternoon. 'They won't stand for a landslide election victory to be stolen.' And overnight, as the results of two Senate runoffs in Georgia rolled in, it became clear that the effort by Trump loyalists to challenge the election would take place against the backdrop of a Washington about to land under full Democratic control. That reality underscored the extent to which Trump and his allies are powerless to affect the outcome, and in fact may have damaged their electoral prospects in the process." *Wherein Minus 7 Million Votes is a landslide. (Also linked yesterday.)

Tyler Pager, et al., of Politico: "Joe Biden has selected Judge Merrick Garland to serve as his attorney general, according to two people with knowledge of the decision. Biden selected Garland over former Sen. Doug Jones (D-AL) and former deputy attorney general Sally Yates, choosing to elevate the chief judge of the United States Court of Appeals in D.C. to run the Justice Department." MB: If Garland intends to prosecute Trump for one or more of his many crimes, this is a great pick. If he doesn't, there are many other better choices. Update: The Washington Post's story is here.

Georgia Senate Races

Richard Fausset, et al., of the New York Times: "Jon Ossoff completed a Democratic sweep of Georgia's Senate runoffs on Wednesday.... The outcome prompted some Republicans to blame President Trump for dissuading the party's voters from turning out in force with his false assertions that Georgia's elections were rigged. Mr. Ossoff, the 33-year-old head of a video production company, defeated David Perdue, a Republican who had just completed his first full term in office. Less than 12 hours earlier, the Rev. Raphael Warnock, the senior pastor at Ebenezer Baptist Church in Atlanta, unseated Senator Kelly Loeffler, becoming the first Black Democrat elected to the Senate from the South.... The results of the Georgia Senate races will reshape the balance of power in government. Though the Democrats will have the thinnest of advantages in the House and the Senate, where Vice President-elect Kamala Harris will break the 50-50 tie, they will control the committees as well as the legislation and nominations brought to the floor. That advantage will pave the way for at least some elements of Mr. Biden's agenda.... The unrest [in Washington, D.C.,] spread to state capitals across the country, including Atlanta, where a gathering of protesters at the Capitol led to the evacuation of Secretary of State Brad Raffensperger and some of his staff members." CNN's story is here.

The Trumpidemic, Ctd.

Aleksander Furtula & Mike Corder of the AP: "The European Union's executive commission gave the green light Wednesday to Moderna Inc.'s COVID-19 vaccine, providing the 27-nation bloc with a second vaccine to use in the desperate battle to tame the virus rampaging across the continent. The European Commission granted conditional marketing authorization for the vaccine. The decision came against a backdrop of high infection rates in many EU countries and strong criticism of the slow pace of vaccinations across the region of some 450 million people." (Also linked yesterday.)

The Commentariat -- January 6, 2021

Late Morning/Afternoon Update:

See January 7 Commentariat for links to stories about the extraordinary mob violence instigated by Donald Trump & perpetratrated by his supporters against the U.S. Congress.

Marie: While Trump was standing before his crowd of rabble-rousers urging mike pence to undo the results of the election, pence put out a statement saying he would not do so. Update: See WashPo item in the paper's liveblog, linked below. The Post's blog remains interesting. The protesters are up to no good.

Tyler Pager, et al., of Politico: "Joe Biden has selected Judge Merrick Garland to serve as his attorney general, according to two people with knowledge of the decision. Biden selected Garland over former Sen. Doug Jones (D-AL) and former deputy attorney general Sally Yates, choosing to elevate the chief judge of the United States Court of Appeals in D.C. to run the Justice Department." MB: If Garland intends to prosecute Trump for one or more of his many crimes, this is a great pick. If he doesn't, there are many other better choices. Update: The Washington Post's story is here.

The New York Times is liveblogging events around what is supposed to be a ceremonial Electoral College vote count before a joint session of Congress. The Times apparently intends to include what happens in the great outdoors, including Trump's planned address to the unruly gathered to protest the inevitable. MB: Call me the Oracle of Delphi, if you will, but I foresee Trump telling the rubes a lot of lies. And maybe worse.

The Washington Post's live update of today's hoo-hah is here: Vice President “Pence, in a letter to lawmakers Wednesday, rejected Trump’s view that he could unilaterally reject electoral college votes from states won by Biden when he presides over a joint session of Congress. 'My oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not,' Pence said in the letter. 'My role as presiding officer is largely ceremonial.' His letter circulated as Trump repeatedly implored him to intervene in Congress’s counting of the results during a rally at the White House Ellipse. ~~~

~~~ “Rudolph W. Giuliani ... deployed violent imagery Wednesday in describing the president’s efforts to overturn Biden’s win, calling for the White House race to be settled by 'trial by combat.' As he addressed a crowd gathered outside the White House awaiting Trump’s remarks, Giuliani asserted that Pence has the power to unilaterally reject the electoral vote tally, even though the vice president has no such authority.”

Yes, Trump Is Claiming He Won in a "Landslide Election Victory."* Kyle Cheney, et al., of Politico: “... before the Wednesday joint session of Congress even begins, Trump’s effort will have fractured the GOP, activated thousands of MAGA marchers to descend on D.C. — drawing acute security concerns in the capital — and even pressured the vice president to exercise powers he doesn’t have to stop Joe Biden. 'I hope the Democrats, and even more importantly, the weak and ineffective RINO section of the Republican Party, are looking at the thousands of people pouring into D.C,' Trump tweeted Tuesday afternoon. 'They won’t stand for a landslide election victory to be stolen.' And overnight, as the results of two Senate runoffs in Georgia rolled in, it became clear that the effort by Trump loyalists to challenge the election would take place against the backdrop of a Washington about to land under full Democratic control. That reality underscored the extent to which Trump and his allies are powerless to affect the outcome, and in fact may have damaged their electoral prospects in the process.” *Wherein Minus 7 Million Votes is a landslide.

Aleksander Furtula & Mike Corder of the AP: "The European Union’s executive commission gave the green light Wednesday to Moderna Inc.’s COVID-19 vaccine, providing the 27-nation bloc with a second vaccine to use in the desperate battle to tame the virus rampaging across the continent. The European Commission granted conditional marketing authorization for the vaccine. The decision came against a backdrop of high infection rates in many EU countries and strong criticism of the slow pace of vaccinations across the region of some 450 million people."

~~~~~~~~~~

Marie: Two weeks to go. Today is, among other things, Christians' Day of the Epiphany, which this year also is the day Congressional Republicans, and perhaps the sitting VPOTUS*, will compete to establish which of them is the most immoral & least faithful to his oath of office.

Georgia Senate Race Results

Timothy Bella & Tim Elfrink of the Washington Post: “When he declared victory early Wednesday morning as Georgia’s first Black senator, the Rev. Raphael Warnock reflected on his mother’s hands. Before she was a mother of 12 and a Pentecostal pastor, Verlene Warnock spent her summers in Waycross, Ga., picking cotton and tobacco in the 1950s. 'The 82-year-old hands that used to pick somebody else’s cotton went to the polls and picked her youngest son to be a United States senator,' Warnock said in a live-streamed address. 'The improbable journey that led me to this place in this historic moment in America could only happen here.' Warnock’s speech highlighted how his family’s story played a key role in his rise to becoming the first Black Democrat to win a Senate seat in the South since Reconstruction. It came as fellow Democrat Jon Ossoff leads in his runoff and could likewise break new ground as Georgia’s first Jewish senator and the youngest Democratic senator elected since Joe Biden in 1973.”

** The New York Times' live Georgia run-off election blog is here: “Democrats inched closer to taking control of the Senate on Wednesday, winning one of the two Georgia seats up for grabs in a pair of runoff elections while the second contest remained too close to call. The Rev. Raphael Warnock, a Democrat and the pastor at the historic Ebenezer Baptist Church in Atlanta, defeated Senator Kelly Loeffler, a Republican, to become the first Black senator in Georgia history and the first Black Democrat to be elected to the Senate in the South. In the other contest, David Perdue, the Republican whose Senate term ended on Sunday, and his Democratic challenger, Jon Ossoff, were neck-and-neck, with thousands of votes still to be counted, many of them from Democratic-leaning areas.... If Democrats win both races, the party would hold 50 seats in the Senate and de facto control of the chamber, with Vice President-elect Kamala Harris serving as the tiebreaking vote and Senator Mitch McConnell relegated to becoming minority leader.... The remaining uncounted vote in Georgia appeared largely to be in Democratic-leaning counties in the Atlanta area.... ~~~

~~~ “'Spitballing here,' wrote Ron Klain, Mr. Biden’s incoming chief of staff, on Twitter, 'but it may be that telling voters that you intend to ignore their verdict and overturn their votes from the November election was NOT a great closing argument for @KLoeffler.' He tagged Ms. Loeffler, who on the eve of the election had said she would side with Mr. Trump and his baseless claims of voter fraud in objecting to the certification of Mr. Biden’s victory. ~~~

~~~ ”The Perdue campaign issued a statement after 2 a.m. also predicting victory.... The statement ... promised to 'mobilize every available resource and exhaust every legal recourse to ensure all legally cast ballots are properly counted.'... Ms. Loeffler spoke to supporters around midnight, before The Associated Press and other media outlets called the contest, and declined to concede.” ~~~

     ~~~ Politico's story is here. The AP's story is here.: Ossoff & Perdue "were locked in a tight race and it was too early to call a winner. Under Georgia law, a trailing candidate may request a recount when the margin of an election is less than or equal to 0.5 percentage points.... Loeffler, who remains a Georgia senator until the results of Tuesday’s election are finalized, said she would return to Washington on Wednesday morning to join a small group of senators planning to challenge Congress’ vote to certify Biden’s victory."

Marie: At 6 am ET, Ossoff is leading Perdue by more than 16,000 votes. This is a close to a miracle, & Stacey Abrams is the angel who was central to making it happen. If she or any Democratic Georgia voter walked up to my door, I would summon her in out of the cold & kiss her feet. (Might ask for a Covid-free certificate first.) Update: As of 10 am ET, Ossoff is leading Perdue by about 17,000 votes; that's still within the 0.5 percent which will allow Perdue to request a recount.

Reid Epstein & Astead Herndon of the New York Times: “As the Democrats Jon Ossoff and the Rev. Raphael Warnock inched closer to flipping Georgia’s two Senate seats from the incumbent Republicans, credit began to flow to one person broadly acknowledged as being most responsible for Georgia’s new status as a Democratic state: Stacey Abrams. Ms. Abrams, the former minority leader of the Georgia state House, has spent a decade building a Democratic political infrastructure in the state, first with her New Georgia Project and now with Fair Fight, the voting rights organization she founded in the wake of her losing campaign for governor in 2018. Late Tuesday night, Ms. Abrams came close to declaring victory in a tweet that praised the thousands of 'organizers, volunteers, canvassers & tireless groups' who helped rebuild the state’s Democratic Party from the rump it was when she became the state House minority leader in 2011.... Ms. Abrams was not alone in Georgia, of course: Numerous other Black women have led a decades-long organizing effort to transform the state’s electorate.”

Meredith McGraw, et al., of Politico: Some (anonymous) Republicans are blaming Donald Trump for the Georgia loss(es). Others are blaming Mitch McConnell & RNC chair Ronna Romney McDaniel. MB: So unfair.

The New York Times has the Georgia Senate vote tallies, plus related news, here. Currently (@7:25 pm ET Tuesday), the latest vote totals also are on the Times front page.

The Last Days of the Mad Kaiser

David Nakamura of the Washington Post: “During four years in office, President Trump has trampled political norms, attacked democratic institutions, sought to discredit government agencies, peddled baseless conspiracy theories and been impeached by the House. Since his defeat in the November election, Trump’s critics have warned that his scorched-earth effort to invalidate the outcome amounts to a new level of danger: The first attempted coup d’état in U.S. history to illegally maintain power. The chorus of alarm grew this week after the disclosure that Trump bullied and threatened Georgia Secretary of State Brad Raffensperger in an hour-long private phone call Saturday, during which the president demanded that Raffensperger find thousands of votes for Trump that do not exist.... Trump’s strategy represents a brazen attempt to overturn or 'steal' the election, historians and political scientists agreed. Some said he is tiptoeing toward an 'autogolpe,' a Spanish term popularized in Latin America to describe a 'self-coup' attempted by leaders who came to power legally and acted outside the law to try to maintain it. 'In technical terms, it’s probably not a coup. But it is an illegal and authoritarian attempt to stay in power,' said political scientist Steven Levitsky....”

New York Times Editors: "... a republic works only when the losers accept the results, and the legitimacy of their opponents. All the more reason to commend Republican officials like [Brad] Raffensperger and [Gabriel] Sterling [of Georgia] — and the handful of Republican Congress members who have spoken out, however wanly, about Mr. Trump’s scheme — for resisting the immense corruption and pressure from their leaders. If only that weren’t extraordinary in the Republican Party today."

States want to correct their votes, which they now know were based on irregularities and fraud, plus corrupt process never received legislative approval. All Mike Pence has to do is send them back to the States, AND WE WIN. Do it Mike, this is a time for extreme courage! -- Donald Trump, in a tweet this morning that Twitter has disputed ~~~

Trump is on a Twitter rampage this morning. In another disputed tweet, he claims, "They just happened to find 50,000 ballots late last night. The USA is embarrassed by fools. Our Election Process is worse than that of third world countries!" I don't know who "they" are, where these ballots were supposedly found, & who they were for -- Trump? Perdue? Maybe we'll find out. -- Marie 

~~~ Michael Schmidt of the New York Times: “President Trump on Tuesday escalated his efforts to force Vice President Mike Pence to overturn President-elect Joseph R. Biden Jr.’s victory, falsely asserting that Mr. Pence had the power to unilaterally throw out electoral votes on Wednesday when Congress meets to certify the election results.... 'The Vice President has the power to reject fraudulently chosen electors,' the president tweeted on Tuesday. That’s not how it works.” (Also linked yesterday afternoon.) ~~~

     ~~~ ** Update. Maggie Haberman & Annie Karni of the New York Times: “Vice President Mike Pence told President Trump on Tuesday that he did not believe he had the power to block congressional certification of Joseph R. Biden Jr.’s victory in the presidential election despite Mr. Trump’s baseless insistence that he did, people briefed on the conversation said. Mr. Pence’s message, delivered during his weekly lunch with the president, came hours after Mr. Trump further turned up the public pressure on the vice president to do his bidding when Congress convenes Wednesday in a joint session to ratify Mr. Biden’s Electoral College win.... The president has told several people privately that he would rather lose with people thinking it was stolen from him than that he simply lost, according to people familiar with his remarks.... More Republican senators came out on Tuesday against attempts to undermine the results, including Tim Scott of South Carolina and James M. Inhofe of Oklahoma, who said he viewed challenging any state’s certification as 'a violation of my oath of office.'” CNN's story is here. ~~~

~~~ "A Presider, Not a Decider." Jane Timm of NBC News: "Pence ... can't intervene in the process. The law governing the certification process, the Electoral Count Act of 1887, specifically limits the power of the president of the Senate precisely because a president of the Senate had intervened in the count previously. In 1857, after James Buchanan's win, the Senate president overruled an objection against Wisconsin electors who had been delayed in their certification process by a snowstorm in 1856. 'One of the points of the Electoral Count Act is to constrain the vice president given this earlier episode and make it clear that he's a presider, not a decider,' said former Federal Election Commission Chairman Trevor Potter.... A federal district court in Washington recently ruled against a last-ditch effort suit by Trump supporters against Pence, Congress and the Electoral College that sought to stop the certification of Biden's win. The plaintiffs' theory 'lies somewhere between a willful misreading of the Constitution and fantasy,' a judge ruled Monday, denying the motion."

Nicholas Fandos of the New York Times: "Congress anxiously prepared on Tuesday for a marathon session to formalize President-elect Joseph R. Biden Jr.’s Electoral College victory, after Republican loyalists to President Trump confirmed they would object to the results of at least three battleground states the Democrat won. Senators Ted Cruz of Texas and Tommy Tuberville of Alabama planned to object on Wednesday to the certification of Arizona’s electors; Senator Kelly Loeffler of Georgia intended to object to those from her state; and Senator Josh Hawley of Missouri planned to object to Pennsylvania’s slate, according to people familiar with their plans. Their challenges were all but certain to fail amid bipartisan opposition. But their decision to join House Republicans in seeking to overturn the election ensured that Congress would be thrust into a caustic debate over the results and Mr. Trump’s repeatedly debunked claims of widespread fraud and irregularities that could last nine hours or more." ~~~

~~~ MEANWHILE, at Josh's House.... Teo Armus of the Washington Post: “The activists said they had staged a peaceful vigil on Monday night to protest a GOP plan to object to Congress’s certification of the presidential electoral vote this week. On the sidewalk in a Northern Virginia suburb, a group of 15 people chanted while holding candles and signs saying, 'Protect democracy.' But Sen. Josh Hawley (R-Mo.) had a different description for the scene outside his family’s home in Fairfax County: 'leftwing violence.' 'Tonight while I was in Missouri, Antifa scumbags came to our place in DC and threatened my wife and newborn daughter,' he wrote on Twitter late Monday. 'They screamed threats, vandalized, and tried to pound open our door.' Demonstrators with ShutDownDC, which organized the protest, told The Washington Post that they did not engage in vandalism or even knock on Hawley’s door.” The Hill's story is here. (Also linked yesterday afternoon.) ~~~

     ~~~ Update. Brian Flood of Fox "News": "Sen. Josh Hawley, R-Mo., blasted the Washington Post on Tuesday, accusing the newspaper of 'printing outright lies' and falsely painting Antifa violence outside his home as a peaceful vigil." ~~~

     ~~~ Marie: Video of the protest, along with the fact that police on the scene made no arrests, strongly suggests that Josh just made up stuff, and no one threatened his family. Sadly, for many on the radical right -- especially those who enjoy victimizing the poor & helpless -- whining that they are the "real victims" of leftist thugs is a hallmark character flaw. For more evidence of this phenomenon, see Michael Kranish's WashPo story on confederate attorney Cleta Mitchell, linked below. ~~~

     ~~~ Update. Michael Balsamo of the AP: “Protesters who gathered outside the Virginia home of Republican Sen. Josh Hawley Monday evening were peaceful and they left when police explained they were violating local picketing laws, police said Tuesday. The Missouri senator on Twitter accused the protesters of vandalism and threatening his family.... A spokesman for the Town of Vienna Police Department ... said the protesters had been violating several laws, including a Virginia code about picketing in front of a house, a town ordinance about making noise in front of a home and a littering code. But he said the officers explained the violations and 'everyone just left.... There were no issues, no arrests,' he said. 'We didn’t think it was that big of a deal.'”

Eli Yokley of the Morning Consult: "According to a new Morning Consult survey, 62 percent of voters say Congress should accept Biden’s Electoral College victory over Trump, while 24 percent of voters align with the roughly two-thirds of House Republicans and a quarter of GOP senators who are planning to object to the certification of some states’ vote tallies. Most independents and nearly all Democrats agree that Congress should accept the states’ tallies. But Republican lawmakers taking the fruitless path to try and overturn the will of the electorate will do so backed by 53 percent of their party’s voters nationwide, compared to less than a third who oppose the attempt."

Allan Smith of NBC News: "Tuesday's rallies in support of ... Donald Trump ... featured an array of conservative speakers and drew in throngs of Trump supporters who traveled to the nation's capital ahead of Wednesday's proceedings. Though the formal events ended earlier Tuesday, protesters remained out in the street well into the night, with videos on social media showing some clashing with police. The main draw will take place Wednesday morning ahead of the congressional gathering, where the president himself will address a protest outside the White House dubbed the 'March for Trump/Save America' rally." ~~~

~~~ Craig Timberg & Drew Harwell of the Washington Post: "Far-right online forums are seething with references to potential violence and urging supporters of President Trump to bring guns to Wednesday’s protests in Washington — in violation of local laws — as Congress meets to certify President-elect Joe Biden’s victory. Many of the posts appear to be direct responses to Trump’s demands that his supporters pack the nation’s capital in support of his bogus claims that November’s national vote for Biden resulted from election fraud.... Talk of guns and potential violence is rife on the encrypted messaging app Telegram, the conservative social media site Parler and on thedonald.win, an online forum that previously operated on Reddit before the company banned it in June after years of racism, misogyny, anti-Semitism and calls for violence." An NBC News report is here. ~~~

~~~ Paul Sonne & Missy Ryan of the Washington Post: "Pentagon leaders are bracing for any renewed presidential attempts to employ the military for political ends, as President Trump takes increasingly aggressive steps to overturn his electoral defeat, and unarmed National Guardsmen prepare for pro-Trump protests in Washington on the day Congress is set to certify the election results. Top Pentagon officials, in answering a request by D.C. Mayor Muriel E. Bowser (D) to deploy National Guardsmen in the nation’s capital in advance of Wednesday’s protests, emphasized that the Guard wouldn’t carry firearms, use armored vehicles or helicopters, or receive backup from units in other states — a far more muted presence than in June after the Minneapolis police killing of George Floyd. The careful posture reflects the Pentagon’s wariness in the final days of a presidency during which Trump has tested the norms of a politically impartial military. It also comes after all 10 living former U.S. defense secretaries published a joint open letter warning that the military shouldn’t play a role in determining the election outcome or interrupt a peaceful transition." ~~~

~~~ Get Out! Jack Moore of WTOP (Radio) News (Washington, D.C.): "The leader of the far-right extremist group the Proud Boys, who was arrested Monday ahead of protests planned by supporters of ... Donald Trump, has been released from jail but has been ordered to leave D.C. and stay away until his next court appearance. Henry Tarrio, who goes by Enrique, was arrested shortly after arriving in D.C. on Monday afternoon. Tarrio is accused of being involved in the tearing down and burning of a Black Lives Matter banner from a historically Black church in downtown D.C. during a pro-Trump rally last month."

William Booth & David Fahrenthold of the Washington Post: “... on Tuesday, the leader of Scotland, First Minister Nicola Sturgeon, was asked if Trump was headed her way and what might be her message to him?... Sturgeon warned Trump he might be breaking the law if he came: 'We are not allowing people to come into Scotland now without an essential purpose, which would apply to him, just as it applies to everybody else. Coming to play golf is not what I would consider an essential purpose.' Scotland, alongside Northern Ireland, Wales and England are in lockdown, with stay-at-home orders....” See Patrick's comment in yesterday's thread. Patrick suspects it is not Trump who will be traveling to Scotland on January 19th, but some of his secret, incriminating presidential* papers White House staff have refused to shred. (Also linked yesterday afternoon.)

Anita Kumar of Politico: “Donald Trump has privately acknowledged he lost the presidency. He knows Joe Biden will replace him. He recognizes Congress will formally certify the results on Wednesday. To one person, Trump even confided he was 'just disappointed we lost.'... Trump admits his defeat, but still maintains he would have won a fair election, they said, despite no concrete evidence emerging of widespread voter fraud. He has even discussed his exit plans from Washington with staff, debating when to move to his South Florida Mar-a-Lago resort, according to one of the people.... But mostly, he is continuing his fight to subvert the election ... to keep the attention on himself and give his supporters what they want, according to the people who have spoken with him.... At 10 p.m. on Tuesday [after Pence told him at lunch that he doesn't believe he has the power to block the certification of Biden's victory], Trump issued a statement denying that Pence had made those comments, calling it 'fake news' and saying he and the vice president were 'in total agreement' that Pence has the power to act.” ~~~

     ~~~ Marie: Joe Biden will not "replace" Donald Trump. Joe Biden will be a real president, following the real presidency of Barack Obama.

Trump Relies on QAnon for Election Fraud “Research.” Ben Collins, et al., of NBC News: “... Donald Trump cataloged a series of false conspiracy theories during an hourlong call with Georgia Secretary of State Brad Raffensperger on Saturday in which he sought to overturn the state's election results, and they were familiar to anyone following the far fringes of the internet. Trump floated fragments of several baseless conspiracy theories that were primarily pushed by QAnon followers over the last two months, including a widely debunked theory about voting machines from Dominion Voting Systems. The wide-ranging slew of theories, spawned on extremist forums like 4chan, were repeatedly referred to by Trump as 'rumors' that are 'trending on the internet.' He claimed they were reasons Raffensperger should 're-examine it [the election] with people that want to find answers.' Saturday's call offered a look at just how much he is now relying on some of the most outlandish theories from obscure corners of the internet to make his case for election fraud.” (Also linked yesterday afternoon.) ~~~

~~~ Farhad Manjoo of the New York Times: “What got me [about Trump's phone call to Brad Raffensperger] was how thoroughly Trump’s arguments involved conspiracy theories hatched or spread by QAnon, the online cultlike thing that seems to be gaining a death grip on the American right.... In the Church of Q, Donald Trump is the one and only messiah. But the Georgia call shows how fully he participates in it, too.... Travis View, a co-host of the excellent Q-tracking podcast 'QAnon Anonymous,...,' described a symbiotic relationship between Trump, QAnon message boards and pro-Trump news outlets like One America News and Newsmax.... QAnon originated in 2017 as an exceptionally bizarre conspiracy theory, centered around the premise that the country is run by a cabal of pedophiles whom Trump is bringing down. It has since morphed into something even stranger. More than a single conspiracy theory, QAnon is best regarded as a general-purpose conspiracy infrastructure, spreading lies across a range of subjects, from coronavirus denial to mask and vaccine skepticism and, now, to a grab bag of theories about election fraud.”

Everyone Trump Touches Turns to Dust. Michael Kranish of the Washington Post: “Republican lawyer Cleta Mitchell, who advised President Trump during his Saturday phone call with Georgia’s secretary of state in an effort to overturn the election, resigned on Tuesday as a partner in the Washington office of the law firm Foley & Lardner. Mitchell’s resignation came after the law firm on Monday issued a statement saying it was 'concerned by' her role in the call. The firm noted that as a matter of policy, its attorneys do not represent 'any parties seeking to contest the results of the election.'... [Mitchell] blamed what she called 'a massive pressure campaign in the last several days mounted by leftist groups . . . because of my personal involvement with President Trump' and the Georgia election.”

Kyle Cheney & Josh Gerstein of Politico: “Attorneys for Georgia Gov. Brian Kemp and Secretary of State Brad Raffensperger on Monday lit into a 'thirteenth hour' effort by ... Donald Trump to decertify the results of the state’s Nov. 3 election, calling it a belated bid to nullify the ballots of millions of voters.” (Also linked yesterday afternoon.)

Tierney Sneed of TPM: “Following the abrupt Monday resignation of Byung Jin 'BJay' Pak, the U.S. attorney in Atlanta, President Trump is bypassing his first assistant, a career prosecutor, to name a new acting leader from outside the office. The announcement came early Tuesday morning in an internal email obtained by TPM. The new acting U.S. attorney in Atlanta will be Bobby Christine, the Trump-appointed U.S. attorney for the Southern District of Georgia, according to the email. Christine will continue simultaneously in both roles, according to the email.” (Also linked yesterday afternoon.)

Katie Benner & Erica Green of the New York Times: "The Trump administration has embarked on an 11th-hour bid to undo some civil rights protections for minority groups, which could have a ripple effect on women, people with disabilities and L.G.B.T. people, according to a draft document, in a change that would mark one of the most significant shifts in civil rights enforcement in generations.... The Justice Department quietly submitted the change to the White House Office of Management and Budget on Dec. 21, making it one of former Attorney General William P. Barr’s final acts. It did not make the language available for public review or comment, as is typically required in the federal rule-making process, citing an exception for matters related to agency loans, grants and contracts.... The incoming Biden administration could not immediately reverse the move, but a new attorney general could delay its enactment.... Should the revised language be put in place, as the White House is expected to do, progressive legal groups are likely to challenge it, setting up a potential review by a Supreme Court with a conservative majority seen as hostile to civil rights protections."

David Sanger & Julian Barnes of the New York Times: “American intelligence agencies formally named Russia as the 'likely' source of the broad hacking of the United States government and private companies, and declared that the operation was 'ongoing' nearly a month after it was discovered. The statement jointly issued Tuesday by four government agencies was a clear rebuke of President Trump’s efforts, in posts on Twitter, to suggest that China was behind the hacking. But inside the intelligence agencies, there are few doubts that Russia is responsible. There has been no information gathered pointing to China, according to people briefed on the material. The statement also underscored the degree to which American intelligence agencies are still playing catch-up, after being alerted in mid-December by private security firms to the broadest and deepest penetration of American computer networks in modern times. The intelligence agencies have concluded with a high degree of confidence that Russia was responsible for the hacking, according to people briefed on the analysis.”

Ben Quinn of the Guardian: “Julian Assange has been refused bail by a judge who this week rejected a US request to have him extradited to face espionage and hacking charges. The co-founder of WikiLeaks has been held at Belmarsh prison in south-east London for the past 18 months after he was evicted from the Ecuadorian embassy, where he sought asylum for seven years. Two days after her ruling against the US extradition request, which is being challenged, district judge Vanessa Baraitser said the 49-year-old 'still has an incentive to abscond from these, as yet unresolved, proceedings.... As a matter of fairness the US must be allowed to challenge my decision,' said the judge.... Assange 'had already demonstrated a willingness to flout' the orders of the court, she said, and people who had previously put their trust in him and given sureties had been let down and saw their money forfeited. She was also satisfied that his mental health was being managed at Belmarsh.”

The Trumpidemic, Ctd.

CNN's live updates of Covid-19 developments Wednesday are here: "The US reported its highest daily Covid-19 death count ever Tuesday -- a grim milestone that comes as state leaders work urgently to combat a slow pace of vaccinations. More than 3,770 American deaths were reported in one day -- more than two dozen above the country's previous record, set less than a week ago. The country also topped 21 million infections Tuesday and set a hospitalization record, with more than 131,100 Covid-19 hospitalized patients nationwide, according to the COVID Tracking Project."

The Washington Post's live updates of Covid-19 developments Wednesday are here: "Wealthy donors to one Florida nursing home received coronavirus vaccines that were supposed to be reserved for staff members and residents — prompting frustration and outrage as less-affluent senior citizens camp out in long lines to be immunized."

Beyond the Beltway

Pennsylvania. Trump Effect. Mark Scolforo & Marc Levy of the AP: “A bitter dispute erupted on the floor of the Pennsylvania Senate on Tuesday when majority Republicans blocked a Democratic incumbent from being sworn in because his GOP challenger has disputed the razor-thin election results. Lawmakers were back in the Capitol for swearing-in day when the Senate quickly dissolved into chaos over the Republican challenge that Democrats called a reflection of ... Donald Trump’s unprecedented efforts to undo his loss in the Nov. 3 election.... Democrats in the Senate began protesting — in some cases, shouting — when GOP senators signaled they would not seat Democratic state Sen. Jim Brewster of Allegheny County. His election has been certified by the state but is being contested by his Republican challenger, Nicole Ziccarelli.... Republicans muscled through a motion to remove Lt. Gov. John Fetterman, a Democrat, as the presiding officer for the day, after Fetterman insisted that Brewster be sworn in with the other senators. Republicans then voted through another motion to recognize the election in every Senate contest, except for Brewster’s.... Gov. Tom Wolf, a Democrat, said Brewster is the rightful winner and called the Senate Republicans’ move 'a shameful power grab that disgraces the institution.'”

Wisconsin. Robert Chiarito, et al., of the New York Times: "The top prosecutor in Kenosha, Wis., declined to bring charges against the police officer who shot and gravely wounded Jacob Blake outside an apartment building in August, an episode that sparked protests and rioting and made the city an instant flash point in a summer of unrest that began with the killing of George Floyd. The decision not to file charges against the officer, Rusten Sheskey, was announced on Tuesday afternoon by Michael Graveley, the Kenosha County district attorney. He said that investigators had reviewed 40 hours of video and hundreds of pages of police reports before making the decision. The prosecutor said a case against the officer would have been very hard to prove, in part because it would be difficult to overcome an argument that the officer was protecting himself.... The case ... drew the attention of President Trump, who voiced support for a white teenager, Kyle Rittenhouse, who shot three protesters on the streets of Kenosha, two of them fatally, as part of an armed group that sought to confront protesters." An AP story is here.

Way Beyond

Vivian Wang & Austin Ramzy of the New York Times: "The Hong Kong police arrested dozens of elected pro-democracy officials and activists early Wednesday on suspicion of undermining a new national security law after they tried to organize an informal primary election last year for the city’s legislature. The mass arrests marked the largest roundup yet under the security law, which the central Chinese government imposed on Hong Kong in June to quash dissent after months of fierce anti-Beijing protests. The move on Wednesday suggested that the authorities were casting a wide net for anyone who had played a prominent role in opposing the government." An AP story is here.