The Commentariat -- December 1, 2020
Afternoon Update:
** Biggest Rat Abandons Sunk Ship. Michael Balsamo of the AP: "Attorney General William Barr said Tuesday the Justice Department has not uncovered evidence of widespread voter fraud that would change the outcome of the 2020 presidential election. His comments in an interview with The Associated Press come despite ... Donald Trump's repeated baseless claims that the election was stolen, Trump&'s effort to subvert the results of the 2020 presidential election and his refusal to concede his loss to President-Elect Joe Biden. Barr said U.S. attorneys and FBI agents have been working to follow up specific complaints and information they've received, but they've uncovered no evidence that would change the outcome of the election.... Before the election, he had repeatedly raised the notion that mail-in voter fraud could be especially vulnerable to fraud.... Shortly after Barr's statement was published, Trump tweeted out more baseless claims of voter fraud. And his attorney Rudy Giuliani and his campaign issued a scathing statement claiming that, 'with all due respect to the Attorney General, there hasn't been any semblance' of an investigation." A Washington Post story is here.
And Mitch Has Such an Understated Way of Saying Good-Bye. Felicia Sonmez & Mike DeBonis of the Washington Post: "Senate Majority Leader Mitch McConnell (R-Ky.) said Tuesday that there will be a new administration in January, going further than he previously has in acknowledging Trump's election loss. 'I think we all know that after the first of the year there's likely to be a discussion about additional -- some additional package of some size next year, depending upon what the new administration wants to pursue,' McConnell told reporters during remarks on coronavirus relief negotiations." This is part of the WashPo's free election updates Tuesday.
Maggie Haberman & Michael Schmidt of the New York Times: "Rudolph W. Giuliani ... discussed with the president as recently as last week the possibility of receiving a pre-emptive pardon before Mr. Trump leaves office, according to two people told of the discussion. It was not clear who raised the topic. The men have also talked previously about a pardon for Mr. Giuliani, according to the people. Mr. Trump has not indicated what he will do, one of the people said. Mr. Giuliani's potential criminal exposure is unclear. He was under investigation as recently as last summer by federal prosecutors in Manhattan for his business dealings in Ukraine and his role in ousting the American ambassador there, a plot that was at the heart of the impeachment of Mr. Trump." The report is part of Tuesday's NYT political updates.
Rebecca Shabad of NBC News: "Christopher Krebs, who was recently fired by ... Donald Trump as the head of the federal government's election cybersecurity efforts, suggested Tuesday that he might take legal action against one of Trump's lawyers who said that Krebs should be shot. In an interview on NBC's 'Today' show, host Savannah Guthrie asked Krebs how concerned he is about the comments made by Trump campaign lawyer Joe DiGenova in an interview Monday in which he said that Krebs 'is a class A moron. He should be drawn and quartered. Taken out at dawn and shot.' 'It's certainly more dangerous language, more dangerous behavior,' Krebs responded. 'And the way I look at it is that we are a nation of laws, and I plan to take advantage of those laws. I've got an exceptional team of lawyers that win in court, and I think they're probably going to be busy.'"
Seung Min Kim, et al., of the Washington Post: "A bipartisan group of senators introduced a stimulus proposal worth about $908 billion on Tuesday, aiming to break a months-long partisan impasse over providing emergency federal relief to the U.S. economy.... With negotiations among congressional leaders at a standstill, senators in both parties have worked together for weeks on a proposal that could break the logjam. Several centrist lawmakers in the Senate -- including Sens. Joe Manchin III (D-W.Va.), Mark R. Warner (D-Va.), Bill Cassidy (R-La.), Mitt Romney (R-Utah) and Susan Collins (R-Maine) -- held a news conference Tuesday morning to push their proposal as a template for legislation that could pass Congress as the economy faces increasing strain from a winter surge in coronavirus cases."
Ron Brownstein of CNN: "The silence of congressional Republican leaders as ... Donald Trump's unfounded claims of election fraud grow wilder and more venomous increasingly resembles the party's deference to Sen. Joe McCarthy during the worst excesses of his anti-Communist crusade in the early 1950s. In McCarthy's era, most of the GOP's leaders found excuses to avoid challenging conspiracy theories that they knew to be implausible, even as evidence of their costs to the nation steadily mounted. For years, despite their private doubts about his charges and methods alike, the top GOP leadership -- particularly Senate Republican leader Robert A. Taft, the Mitch McConnell of his day -- either passively abetted or actively supported McCarthy's scattershot claims of treason and Communist infiltration. A significant faction of Senate Republicans didn't join with Democrats to curb McCarthy's power until the senator immolated himself with his accusations, in highly publicized 1953 and 1954 hearings, that the Army was riddled with Communists during the presidency of fellow Republican Dwight Eisenhower.... The vast majority of congressional Republicans have supported Trump since his 2017 inauguration at almost every turn, brushing aside concerns about everything from openly racist language to his efforts to extort the government of Ukraine to manufacture dirt on ... Joe Biden."
Teo Armus of the Washington Post: "A group of four Republican state lawmakers filed a dozen articles of impeachment against [Ohio Gov. Mike] DeWine [R] on Monday, saying the governor violated state and federal laws by requiring masks in public and ordering some businesses to close.... But with the pandemic having killed more than 267,000 people across the country and at least 6,429 in Ohio, DeWine brushed off their efforts and urged the lawmakers to focus on those suffering from or fighting covid-19 on the front lines."
The Washington Post's live updates of Covid-19 developments Tuesday are here.
Australia. Graham Readfearn of the Guardian: "A bushfire has burned across half the World Heritage-listed K'gari/Fraser Island -- the world's biggest sand island, off Australia's Queensland coast -- with potentially catastrophic consequences for its habitats and wildlife. The blaze, which has been alight for more than six weeks, is threatening major tourism and rainforest areas after burning much of the island's north. Queensland Fire and Emergency Services told the Guardian on Tuesday the fire was encroaching on the island's famous Valley of the Giants -- home to trees more than 1,000 years old.... The fire started in mid-October after an illegal campfire and has since burned across 81,000 hectares (200,000 acres)." --s
Dalya Alberge of the Guardian: "One of the world's largest collections of prehistoric rock art has been discovered in the Amazonian rainforest. Hailed as 'the Sistine Chapel of the ancients', archaeologists have found tens of thousands of paintings of animals and humans created up to 12,500 years ago across cliff faces that stretch across nearly eight miles in Colombia." --s
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Geoff Bennett, et al., of NBC News: "President-elect Joe Biden on Monday received his first presidential daily briefing since he won the election, a victory that was further cemented when the battleground state of Arizona certified his win there." MB: I wonder if Biden & Harris will get real PDBs or copies of the same coloring/picture books Trump receives. (This is an update of a story linked yesterday afternoon.) ~~~
Jeff Stein, et al., of the Washington Post: "President-elect Joe Biden's pick to lead the powerful White House budget office generated early controversy Monday, with Neera Tanden emerging as an immediate target for conservatives and Republican lawmakers. Tanden, 50, has regularly clashed with the GOP in a manner that Republicans say will complicate her Senate confirmation process. Several GOP senators said Monday that she could run into trouble during confirmation hearings, warning that her 'partisan' background could make it hard for her to win Republican support. The two Senate Republicans poised to lead committees that would hold Tanden's confirmation hearings [-- Rob Portman (Ohio) & Lindsey Graham (S.C.) --] both declined to commit to doing so." MB: Because none of Trump's appointees has been a partisan hack (Mike Pompeo, John Ratcliffe, etc.). And Trump himself is a is a paragon of courtesy.
The Latest from the Mad Kaiser. Charlie Nash of Mediaite: "... Donald Trump called on 'hapless' Republican Georgia Governor Brian Kemp to 'use his emergency powers' to search for alleged 2020 election fraud in the state on Monday. 'Why won't Governor @BrianKempGA, the hapless Governor of Georgia, use his emergency powers, which can be easily done, to overrule his obstinate Secretary of State, and do a match of signatures on envelopes,' questioned Trump on Twitter, claiming, 'It will be a "goldmine" of fraud, and we will easily WIN the state.... Also, quickly check the number of envelopes versus the number of ballots. You may just find that there are many more ballots than there are envelopes. So simple, and so easy to do,' he continued. 'Georgia Republicans are angry, all Republicans are angry. Get it done!'... Business Insider senior politics reporter Grace Panetta soon pointed out to the president that Kemp 'does not have this power,' and, 'Signature matching already happened twice, first when the voter applied for the ballot and then the ballot was received.... It's impossible to do signature matching *again* because the ballots have already been separated from the envelopes with the voter's name and signature on them.'" (Also linked yesterday afternoon.) ~~~
~~~ So Then. Greg Bluestein of the Atlanta Journal-Constitution: "Gov. Brian Kemp's office responded Monday to ... Donald Trump's demands to help him overturn Georgia's election results with a reminder that state law 'prohibits the governor from interfering in the election.'... 'Georgia law prohibits the governor from interfering in elections. The Secretary of State, who is an elected constitutional officer, has oversight over elections that cannot be overridden by executive order,' said Kemp spokesman Cody Hall.... The governor has been largely silent for weeks over Trump's attacks which have escalated after he became the first Republican to lose Georgia in a presidential vote in nearly 30 years.... Kemp has had little backup from other GOP officials." (Also linked yesterday afternoon.)
Josh Dawsey & Michelle Lee of the Washington Post: "President Trump's political operation has raised more than $150 million since Election Day, using a blizzard of misleading appeals about the election to shatter fundraising records set during the campaign, according to people with knowledge of the contributions. The influx of political donations is one reason Trump and some allies are inclined to continue a legal onslaught and public affairs blitz focused on baseless claims of election fraud, even as their attempts have repeatedly failed in court and as key states continue to certify wins for President-elect Joe Biden. Much of the money raised since the election is likely to go into an account for the president to use on political activities after he leaves office...." According to the New York Times, the figure is more like $170MM.
Matthew Choi of Politico: "An attorney for ... Donald Trump's reelection efforts said on Monday that Chris Krebs, the former head of U.S. cybersecurity, should be 'shot' for going against the president's conspiracy theories and declaring the 2020 elections as secure. 'Anybody who thinks the election went well, like that idiot Krebs who used to be the head of cybersecurity,' said Trump campaign lawyer Joe DiGenova, 'that guy is a class A moron. He should be drawn and quartered. Taken out at dawn and shot.' DiGenova made the remarks on a Monday episode of the 'The Howie Carr Show,' which has a history of showcasing Trump's claims and allies. During the show, DiGenova also listed a number of allegations of mass election irregularities -- a phenomenon that elections officials in states across the country agreed was not an issue -- in his team's improbable effort to extend the Trump presidency." MB: Whatever bar associations to which DiGenova belongs should pull his membership.
Arizona & Wisconsin. Reid Epstein of the New York Times: "Arizona and Wisconsin on Monday certified President-elect Joseph R. Biden Jr. as the winner in their presidential elections, formalizing his victory in two additional battleground states as President Trump's effort to overturn the results of the election continued to fall short. Such certifications would be an afterthought in any other year. But in a political environment where Mr. Trump's false claims of sweeping voter fraud have created an alternate reality among his die-hard backers in the West Wing and beyond, the results have closed off yet another path to victory for him.... In Arizona, Katie Hobbs, the Democratic secretary of state, formalized her state's results while sitting at a long table with three Republicans who signed the election documents: Gov. Doug Ducey; the state's attorney general, Mark Brnovich; and the chief justice of the Arizona Supreme Court, Robert M. Brutinel. Ann Jacobs, the chairwoman of the Wisconsin Elections Commission, signed a document during a three-minute video conference in which she narrate herself certifying Mr. Biden's victory.... Later Monday afternoon, Gov. Tony Evers of Wisconsin, a Democrat, announced that he had signed the state’s Certificate of Ascertainment appointing Mr. Biden's slate of electors to represent Wisconsin at the Electoral College." ~~~
~~~ How Donald Found Out You He's a Has-Been. Aila Slisco of Newsweek: "Republican Arizona Governor Doug Ducey may have ignored a phone call from ... Donald Trump or Vice President Mike Pence while certifying President-elect Joe Biden as the winner of the state on Monday. Ducey indicated in July that his cell phone is set to play 'Hail to the Chief' when receiving a call from Trump or Pence. In a video of Ducey signing documents cementing Biden's win on Monday, the song can be faintly heard before the governor is shown pulling a phone out of his coat pocket, putting it on his desk and slightly shaking his head." ~~~
~~~ Valerie Edwards & Geoff Earle of the Daily Mail: "Trump then retweeted a claim that Ducey had 'betrayed the people of Arizona,' and commented: 'TRUE!' He also shared a post that asked: 'Who needs Democrats when you have Republicans like (Georgia Gov) Brian Kemp and Doug Ducey?' Earlier on Monday, Trump dialed into an Arizona 'hearing' on election fraud [run by Rudy Giuliani] that went on for more than eight hours, claiming the election was 'rigged' and bashing Ducey for certifying the state's vote for Biden."
The Trumpidemic, Ctd.
"The Long Darkness Before Dawn." Donald McNeil of the New York Times: "Each week, good news about vaccines or antibody treatments surfaces, offering hope that an end to the pandemic is at hand. And yet this holiday season presents a grim reckoning. The United States has reached an appalling milestone: more than one million new coronavirus cases every week. Hospitals in some states are full to bursting. The number of deaths is rising and seems on track to easily surpass the 2,200-a-day average in the spring, when the pandemic was concentrated in the New York metropolitan area. Our failure to protect ourselves has caught up to us. The nation now must endure a critical period of transition, one that threatens to last far too long, as we set aside justifiable optimism about next spring and confront the dark winter ahead. Some epidemiologists predict that the death toll by March could be close to twice the 250,000 figure that the nation surpassed only last week."
Atlas Quit. Kaitlan Collins, et al., of CNN: "Dr. Scott Atlas, a highly controversial member of the White House's coronavirus task force, has resigned from his post in the Trump administration. A source familiar with what happened told CNN that Atlas turned in his resignation letter to ... Donald Trump on Monday. As a special government employee, Atlas had a 130-day window in which he could serve and that window was technically coming to a close this week. Atlas tweeted out a photo of his resignation letter [dated Tuesday] later Monday." ~~~
~~~ And Won't Be Missed. Josh Dawsey & Yasmeen Abutaleb of the Washington Post: "Atlas had become widely disliked in the White House -- even among aides who shared his view that the country should reopen and that officials should not worry about young, healthy people contracting the virus, according to two senior administration officials, who like others spoke on the condition of anonymity to discuss personnel matters.... Atlas, a neuroradiologist with no infectious-disease or public health background..., was the only medical adviser the president met with regularly for several months.... Atlas embraced strategies that most public health experts warned were dangerous. He advocated allowing the virus to spread among young healthy people to help the country reach 'herd immunity' levels -- a strategy experts warned would result in tens of thousands of needless deaths -- and said the country should focus on protecting the vulnerable and the elderly.... He also shot down attempts by [Drs. Deborah] Birx and [Anthony] Fauci to expand testing; openly feuded with other doctors on the coronavirus task force and succeeded in largely sidelining them; and advanced fringe theories, such as that social distancing and mask-wearing were meaningless...."
The New York Times' live updates of Covid-19 developments Monday are here: "Dr. [Anthony] Fauci, during an appearance on the Sunday news program 'This Week,' said the best course for Thanksgiving travelers might be 'to quarantine yourself for a period of time.' Dr. Deborah L. Birx, the White House coronavirus response coordinator, said that travelers 'have to assume that you were exposed and you became infected and you really need to get tested in the next week.' She urged that travelers avoid anyone in their family over 65 or with underlying illnesses." (Also linked yesterday afternoon.)
Maggie Fox & John Bonifield of CNN: "Advisers to the US Centers for Disease Control and Prevention have called an emergency meeting for Tuesday to vote on who they recommend should be the first to get a coronavirus vaccine once one is authorized. The CDC's Advisory Committee for Immunization Practices wants to have advice out to the public ahead of any decision from the US Food and Drug Administration about emergency authorization of a vaccine, ACIP chair Dr. Jose Romero told CNN.... 'This is not something that is being rushed. We have already discussed the groups within the first tier. We are simply going over the data once again and having a vote primarily on the first tier group 1a -- healthcare providers and the people in the long term, congregate facilities.'" (Also linked yesterday afternoon.)
Charlie Savage of the New York Times: "The Justice Department asked a federal judge on Monday to dismiss the criminal case against President Trump's former national security adviser Michael T. Flynn, citing his pardon last week -- and making clear that it broadly covered potential legal troubles beyond the charge Mr. Flynn had faced of lying to federal investigators.... The filing was accompanied by the text of the pardon itself, which had not previously been released. While Mr. Trump had said on Twitter that he was granting Mr. Flynn a 'full' pardon, he left unclear how far that would go in terms of any potential legal jeopardy for Mr. Flynn over other matters for which he had not been charged. The pardon, however, was written broadly not only to cover lying to the F.B.I., but to foreclose any legal jeopardy Mr. Flynn might face from a future Justice Department arising from the Turkey matter, his inconsistent statements under oath to Judge [Emmet] Sullivan and any potential perjury or false statements to Mr. Mueller's team or to the grand juries it used." Politico's story, which discusses the extraordinary breadth of the Flynn pardon, is here. ~~~
~~~ Marie: The pardon seems to guarantee that there is no circumstance in which Flynn could plead the Fifth. However, what isn't clear from either story is whether or not Flynn could get away with stonewalling or lying under oath during any future investigation or proceeding, say, one that addressed Donald Trump's crimes.
More Trump Associates Who Might Need Some Pardoning. Adam Klasfeld of Law & Crime: "A federal judge on Monday partially advanced a lawsuit accusing Russian mafia-tied businessman Felix Sater of laundering millions stolen from Kazakhstan's BTA Bank through Trump Organization properties. 'In this case, Kazakhstan's largest city and a Kazakhstani bank seek to recover millions of dollars in stolen funds from those who allegedly helped the culprits launder them,' U.S. District Judge Alison Nathan summarized in a 25-page opinion dismissing only two counts of a five-count complaint. 'Felix Sater -- the alleged ringleader of the money-laundering operation -- along with his associate Daniel Ridloff and several business entities they control, move to dismiss.' Like Sater, Ridloff was also formerly associated with the Trump Organization. The lawsuit stems from allegations of the systematic looting of Kazakhstan's largest city Almaty and its bank in 2009."
Lauren Feiner of CNBC: “Federal Communications Commission Chairman Ajit Pai will step down from his post on Jan. 20, the day President-elect Joe Biden is inaugurated, he announced Monday. The announcement means that the FCC could reach a Democratic majority sooner than it would otherwise be able to. Pai's term was slated to expire in June 2021, though Biden will be able to choose a Democrat to chair the commission once in office.... Pai's decision to step down could have significant implications on net neutrality, an issue that helped define his term as chairman. In 2017, Pai voted with his fellow Republican commissioners to remove rules that prohibited internet providers from blocking or slowing traffic to particular sites and offering higher speed 'lanes' at higher prices. Many major internet providers have not yet taken advantage of that rule change, however.... Pai had recently said that the FCC could move forward with rule-making around ... Donald Trump's executive order targeting social media companies.... Pai's departure makes it much less likely that significant action on the executive order will take place anytime soon, given that the two Democratic commissioners opposed Pai's decision." (Also linked yesterday afternoon.)
** Adam Liptak of the New York Times: "A skeptical Supreme Court on Monday reacted with frustration and some confusion to President Trump's plan to exclude unauthorized immigrants from the calculations used to allocate seats in the House. While there was some discussion about whether the plan was lawful, the more immediate questions for the justices were where the administration stood in its efforts to identify and count the unauthorized immigrants and what role the court should play if substantial numbers were not identified. Removing undocumented immigrants from the census would most likely have the effect of shifting congressional seats and federal money to states that are older, whiter and typically more Republican. But if the Census Bureau cannot provide Mr. Trump with specific information about a large enough number of unauthorized immigrants in the coming weeks, he will not be able to exclude enough of them from the reapportionment to change the way House seats are allocated. That would leave the justices without a concrete dispute to decide. 'The situation is fairly fluid,' Jeffrey B. Wall, the acting United States solicitor general, told the justices.... 'There is a real prospect that the numbers will not affect the apportionment,' he said."