Tuesday Reads: Reviewing a Momentous Day

Good Morning!!

electoral collegeYesterday “electors” affirmed that Joe Biden is our next president. After the votes in all 50 states, Biden addressed the nation. Fortunately, this time the winner of the popular vote also won in the outdated Electoral College.

Eric Bradner at CNN: Biden after Electoral College affirms win: ‘The rule of law, our Constitution and the will of the people prevailed.’

President-elect Joe Biden declared Monday, hours after the Electoral College made his victory over President Donald Trump official, that “the rule of law, our Constitution and the will of the people prevailed” over Trump’s efforts to undo the results of the election.

“The flame of democracy was lit in this nation a long time ago. And we now know nothing, not even a pandemic or an abuse of power, can extinguish that flame,” Biden said.

In a speech Monday night in Delaware, Biden launched the most direct and detailed defense of his victory yet — and the harshest condemnation of Trump’s flailing efforts to change reality.

He catalogued the failures of Trump’s campaign and his allies in state and federal courts and state legislatures, and recounts that have not substantially changed vote tallies. He called efforts by Trump and his supporters to use the courts to overturn the election result “so extreme we’ve never seen it before.”

“Thankfully, a unanimous Supreme Court immediately and completely rejected this effort,” Biden said.

Biden’s speech came after the Electoral College had cast 306 votes for Biden and 232 for Trump, cementing Biden’s win. The Electoral College votes will now be sent to Congress to be counted formally next month. Though some House Republicans have indicated they will object to the results in key states, they can do little more than delay the process during a joint session of Congress on January 6. Then, Biden will be inaugurated at noon on January 20.

Aaron Rupar at Vox: Biden’s post-Electoral College speech was a stinging rebuke of Trump.

Over the past six weeks since Election Day, President-elect Joe Biden carried about his business while largely ignoring the circus surrounding President Donald Trump’s incessant lies about election fraud and refusal to concede. That changed a bit on Monday.

Speaking hours after the Electoral College officially voted to confirm his victory over Trump, Biden declared victory. He also criticized the president, whom he portrayed as on the wrong side of the struggle for democracy, for refusing to acknowledge the reality of his defeat.

rawImage“In this battle for the soul of America, democracy prevailed,” Biden said. “We the people voted. Faith in our institutions held. The integrity of our elections remains intact. And so now it is time to turn the page. To unite. To heal.”

At another point, Biden took an indirect shot at Trump, saying “the flame of democracy was lit in this nation a long time ago. And we now know that nothing — not even a pandemic, or an abuse of power — can extinguish that flame.”

Biden addressed the flood of failed lawsuits the Trump campaign has filed since the election and the Supreme Court’s refusal last week to take up a flimsy case that could’ve overturned his victory. He also praised state and local officials on both sides of the aisle for overseeing a fair election while refusing to be “bullied” by Trump.

“In America, when questions are raised about the legitimacy of elections, those questions are resolved through the legal processes. And that’s precisely what happened here,” he said. “All the counts were confirmed … none of this has stopped baseless claims.”

Later, Biden noted that “respecting the will of the people is at the heart of our democracy,” adding that when Trump won four years ago, “it was my responsibility to announce the tally of the Electoral College votes to the joint session of Congress … I did my job.” [….]

Biden, who sounded noticeably hoarse throughout, closed by noting that the joy of his win “is tempered by the pain so many of us are feeling today. Our nation [today] passed a grim milestone: 300,000 deaths due to this Covid virus. My heart goes out to each of you during this dark winter of the pandemic.”

Meanwhile, Trump is still filled with self-pity and ignoring the desperate situation in the country he is supposed to be leading. Jonathan Swan at Axios: Scoop: Trump’s frenetic, fanciful, bitter final plea.

Right up to Monday’s Electoral College vote, President Trump held the false hope that Republican-controlled state legislatures would replace electors with allies who’d overturn Joe Biden’s win, two people who discussed the matter with him told Axios.

The big picture: Through the past week, the sources said, the president browbeat GOP legislators in multiple states, launched tirades against Republican Govs. Doug Ducey of Arizona and Brian Kemp of Georgia, vowed to make Fox News “pay” for accurately calling the race, and tested ways to say he didn’t win without acknowledging he had lost.

Behind the scenes: One source who talked to Trump over the weekend said the president continued to insist that there was significant fraud in multiple states, paraphrasing him: “Do you think if the legislatures know this is all true, they would just act to overturn this?'”

246445_rgb_768There’s more at the link, but who cares? Trump is finished and we won’t have to put up with his childish behavior much longer.

Yesterday was also a turning point in the coronavirus pandemic, as the rollout of the Pfizer vaccine began. Peter Baker at The New York Times: A Day That Settled an Election and Brought Hope for Defeating a Pandemic.

When future historians close the books on the misery of 2020, a grueling year of disease, death, racial strife, street violence, economic collapse and political discord the likes of which have not been seen in the United States in generations, they may look back on Monday, Dec. 14, as a pivotal juncture.

It was on that day that Americans began rolling up their sleeves for a vaccine produced in record time to defeat a virus even as the death toll crossed 300,000. And it was on that day that members of the Electoral College gathered in each of the 50 states to ratify the end of the most polarized election in more than a century.

None of that erases the enormous damage of the past 12 months, nor does it mean there will not be pain and protest to come. Many Americans will get sick and die in the months before the vaccine is universally available. Many Americans will remain aggrieved by the result of an election they wish had gone the other way. It is still an era of hardship and division. But after so much uncertainty, after so much doubt, the way forward appears clearer at least in two major respects….

The day played out in a remarkable fashion as television viewers watched images of health care workers receiving lifesaving injections juxtaposed with live shots from state capitals around the country showing electors casting votes formally confirming the victory of President-elect Joseph R. Biden Jr. and Vice President-elect Kamala D. Harris.

It was the definitiveness of both developments that stood out after months of political, medical and economic turmoil: At last, Americans can look ahead to the day when they will be immunized from the Covid-19 virus even if takes until spring. And now they know despite all the postelection noise from the White House and its allies who will be president on Jan. 20.

Unfortunately, we learned yesterday that the Trump administration refused to order more vaccines from Pfizer in November. Mediaite: Former FDA Director Scott Gottlieb: Trump Administration Declined More Pfizer Vaccines as Recently as November.

Former Food and Drug Administration Commissioner Dr. Scott Gottlieb, now on the board of Pfizer, said that the United States was offered more of the company’s successful coronavirus vaccine as recently as November — but didn’t take the deal.

jd121020dapr“There were multiple conversations with the U.S. government about taking more supply in the second quarter” of 2021, Gottlieb said. “The company wasn’t taken up on the offer as recently as November.”

The New York Times reported last week that Pfizer offered the Trump administration the chance to buy more than the 100 million doses agreed upon over the summer. In a baffling move, the Trump administration never made the deal.

Gottlieb, who was Trump’s FDA chief until April 2019, noted that the U.S. government said that the conversations with Pfizer happened in July, but that there was an offer for more vaccines on the table as recently as last month.

Gottlieb said other countries ended up taking those vaccines after the U.S. passed.

Another vaccine will soon be available from Moderna. The New York Times: Moderna Vaccine Is Highly Protective and Prevents Severe Covid-19, Data Show.

Newly released data confirmed on Tuesday that Moderna’s coronavirus vaccine is highly protective, setting the stage for its emergency authorization this week by federal regulators and the start of its distribution across the country.

The Food and Drug Administration intends to authorize use of the vaccine on Friday, people familiar with the agency’s plans said. The decision would give millions of Americans access to a second coronavirus vaccine beginning as early as Monday.

The review by the F.D.A. confirms Moderna’s earlier assessment that its vaccine had an efficacy rate of 94.1 percent in a trial of 30,000 people. Side effects, including fever, headache and fatigue, were unpleasant but not dangerous, the agency found.

The success of Moderna’s vaccine has become all the more crucial to fighting the pandemic as other vaccine efforts have faltered. The hopeful news arrives at a time of record-breaking numbers of coronavirus cases that are overwhelming hospitals and of an ever-increasing death toll, which reached a bleak milestone of 300,000 on Monday.

Six million doses of the Moderna vaccine could begin distribution next week. Read more details at the NYT link.

Two more momentous events happened yesterday. Bill Barr is leaving and news broke of a new Russian hack of multiple U.S. government agencies. 

6QDWQO4ZFZFO7P5PCXNXPYLFWQRuth Marcus on Bill Barr: Barr failed at his job. His bootlicking resignation letter made that clear.

William P. Barr told friends, when he was tapped for attorney general two years ago, that he was returning to the position to help save the Justice Department. Barr failed spectacularly at that task and ruined his reputation in the process.

Nothing made that more clear than the bootlicking letter of resignation he submitted Monday to President Trump.

No aspect of Barr’s departure is normal. Cabinet officials do not leave administrations to spend more time with their loved ones — the president tweeted that Barr wanted to “spend the holidays with his family” — 37 days before the end of a presidency.

Marcus had even sharper words for Barr:

Barr’s letter was larded with nothing but adulation for the man who had been trashing him for weeks. The missive contained 18 uses of the word “you” or “your” to refer to Trump, as in: “Your record is all the more historic because you accomplished it in the face of relentless, implacable resistance.” And, “You have restored American military strength. By brokering historic peace deals in the Mideast you have achieved what most thought impossible.”

Fawning is too mild an adjective to describe this remarkable document. The word lickspittle has been understandably overused during the Trump years, but Barr’s letter demands its redeployment.

If we never see his face in public again, it will be too soon.

On the Russian hack, The Washington Post reports: DHS, State and NIH join list of federal agencies — now five — hacked in major Russian cyberespionage campaign.

The Department of Homeland Security, the State Department and the National Institutes of Health on Monday joined the list of known victims of a months-long, highly sophisticated digital spying operation by Russia whose damage remains uncertain but is presumed to be extensive, experts say.

The list of victims of the cyberespionage, which already included the Treasury and Commerce departments, is expected to grow and to include more federal agencies and numerous private companies, said officials and others familiar with the matter, who spoke on the condition of anonymity because it is under investigation.

SolarWinds, the maker of widely used network-management software that the Russians manipulated to enable their intrusions, reported in a federal securities filing Monday that “fewer than 18,000” of its customers may have been affected. That’s a small slice of the company’s more than 300,000 customers worldwide, including the Pentagon and the White House, but still represents a large number of important networks. Russia has denied any role in the intrusions.

SolarWinds, the maker of widely used network-management software that the Russians manipulated to enable their intrusions, reported in a federal securities filing Monday that “fewer than 18,000” of its customers may have been affected. That’s a small slice of the company’s more than 300,000 customers worldwide, including the Pentagon and the White House, but still represents a large number of important networks. Russia has denied any role in the intrusions.

Yes, Monday was a momentous day. There are just 36 more days until the inauguration and we can kick Trump out of the people’s house and into the dustbin of history. I can’t wait for that day to arrive.


Lazy Caturday Reads: Trump and GOP Try to Destroy U.S. Democracy

“Yellow Cat Romps Butterfly” by Kim Hong-do (1745-1806)

Good Afternoon!!

I was so taken with the Korean folk art paintings that Dakinikat posted on Monday that I decided to focus on Korean cat art today. I hope these paintings will help you deal with today’s news, which is mostly stupid coup stories. Now that the Supreme court has rejected Trump’s last ditch effort to overturn the election results, he is melting down in even more embarrassing ways than ever. Will U.S. democracy survive? 

The New York Times: Supreme Court Rejects Texas Suit Seeking to Subvert Election.

The Supreme Court on Friday rejected a lawsuit by Texas that had asked the court to throw out the election results in four battleground states that President Trump lost in November, ending any prospect that a brazen attempt to use the courts to reverse his defeat at the polls would succeed.

The court, in a brief unsigned order, said Texas lacked standing to pursue the case, saying it “has not demonstrated a judicially cognizable interest in the manner in which another state conducts its elections.”

The order, coupled with another one on Tuesday turning away a similar request from Pennsylvania Republicans, signaled that a conservative court with three justices appointed by Mr. Trump refused to be drawn into the extraordinary effort by the president and many prominent members of his party to deny his Democratic opponent, former Vice President Joseph R. Biden Jr., his victory.

Korean folk art - Magpie and Tiger

Korean folk art – Magpie and Tiger

It was the latest and most significant setback for Mr. Trump in a litigation campaign that was rejected by courts at every turn.

Texas’ lawsuit, filed directly in the Supreme Court, challenged election procedures in four states: Georgia, Michigan, Pennsylvania and Wisconsin. It asked the court to bar those states from casting their electoral votes for Mr. Biden and to shift the selection of electors to the states’ legislatures. That would have required the justices to throw out millions of votes.

Mr. Trump has said he expected to prevail in the Supreme Court, after rushing the confirmation of Justice Amy Coney Barrett in October in part in the hope that she would vote in Mr. Trump’s favor in election disputes.

None of the three justices Trump appointed were willing to hear the case. But Republican support for Trump’s efforts have done permanent damage to our country. 

The New York Times: ‘An Indelible Stain’: How the G.O.P. Tried to Topple a Pillar of Democracy.

The Supreme Court repudiation of President Trump’s desperate bid for a second term not only shredded his effort to overturn the will of voters: It also was a blunt rebuke to Republican leaders in Congress and the states who were willing to damage American democracy by embracing a partisan power grab over a free and fair election.

The court’s decision on Friday night, an inflection point after weeks of legal flailing by Mr. Trump and ahead of the Electoral College vote for President-elect Joseph R. Biden Jr. on Monday, leaves the president’s party in an extraordinary position. Through their explicit endorsements or complicity of silence, much of the G.O.P. leadership now shares responsibility for the quixotic attempt to ignore the nation’s founding principles and engineer a different verdict from the one voters cast in November.

Many regular Republicans supported this effort, too — a sign that Mr. Trump has not just bent the party to his will, but pressed a mainstay of American politics for nearly two centuries into the service of overturning an election outcome and assaulting public faith in the electoral system. The G.O.P. sought to undo the vote by such spurious means that the Supreme Court quickly rejected the argument.

Cat looking at butterlfly Byeon Sang-byeok, mid 18th century

Cat looking at butterfly, Byeon Sang-byeok, mid 18th century

Even some Republican leaders delivered a withering assessment of the 126 G.O.P. House members and 18 attorneys general who chose to side with Mr. Trump over the democratic process, by backing a lawsuit that asked the Supreme Court to throw out some 20 million votes in four key states that cemented the president’s loss.

“The act itself by the 126 members of the United States House of Representatives, is an affront to the country,” said Michael Steele, the former chairman of the Republican National Committee. “It’s an offense to the Constitution and it leaves an indelible stain that will be hard for these 126 members to wipe off their political skin for a long time to come.”

Read more at the link.

In response to the SCOTUS decision, Texas GOP chairman Adam West suggested that states that supported the lawsuit should secede from the union. Speaker Nancy Pelosi offered a more rational response:

Speaker Nancy Pelosi issued this statement after the U.S. Supreme Court ruled to reject the sham GOP lawsuit demanding that Electoral College votes in four states be overturned and awarded to Donald Trump:

“The Court has rightly dismissed out of hand the extreme, unlawful and undemocratic GOP lawsuit to overturn the will of millions of American voters.

“The 126 Republican Members that signed onto this lawsuit brought dishonor to the House.  Instead of upholding their oath to support and defend the Constitution, they chose to subvert the Constitution and undermine public trust in our sacred democratic institutions.

“The pandemic is raging, with nearly 300,000 having died and tens of millions having lost jobs.  Strong, unified action is needed to crush the virus, and Republicans must once and for all end their election subversion – immediately.”

Trump reacted by skipping last night’s superspreader White House Christmas party and proceeding to melt down on Twitter. He was at it again this morning. I won’t reproduce the tweets; you can read them on Twitter if you want to endure the idiocy.

8298e29df3d8f2e58b972a7aa85ee14dSome thoughtful reactions to  Trump and GOP attacks on democracy:

Tom McCarthy at The Guardian: After the fact: the five ways Trump has tried to attack democracy post-election.

Historians could mark 2020 as the moment when Republicans applied the same zeal they have used to attack democracy in advance of elections, through voter suppression and gerrymandering, to attacking democracy on the back end, by trying to deny and overturn the results.

Here is a list of five post-election attacks on democracy by Donald Trump and Republicans that were new in 2020 but might haunt elections for years to come. 

Here’s McCarthy’s list–read the article for details: 1) Especially reckless and sustained election fraud charges, 2) Political pressure on local elections officials, 3) External legal challenges to the certification of state election results, 4) Internal political challenges to the certification of state election results, 5) The president’s role.

McCarthy on Trump’s behavior:

Should a president of the United States, after an election, be calling up county election officials in charge of certifying the results? Should a president invite lawmakers weighing an intervention in their state’s certification process for lunch? Should a president call out the mob on Twitter against a local election official or a state secretary of state who has resisted his schemes?

Whatever damage US democracy has sustained in 2020, much of it traces back to the source, to a president who did not see anything wrong in 2019 with coercing a foreign leader to try to take out a political opponent, who made the fealty of state governors a condition of pandemic aid, and who now has twisted the arms of elected officials across the United States in an effort to subvert the will of American voters.

The role that Trump has played in attacking the integrity of the American system is the most outrageous and unprecedented of all the unholy perversions of democracy that 2020 has seen. Whether that role will be replicated or reprised in future White Houses, and in future elections, could make all the difference.

Painting of Cats and Sparrows, drawn by Byeon Sang-bteij during the late period of Korean Joseon Dynasty, 1392-1910

Painting of Cats and Sparrows, drawn by Byeon Sang-bteij during the late period of Korean Joseon Dynasty, 1392-1910

William Saletan at Slate: Trump Is Finishing Russia’s Smear Campaign Against America.

Donald Trump’s presidency has been a gift to Russia. He has undermined NATO, withheld military aid to Ukraine, and abandoned America’s commitments to democracy and human rights. He has excused Vladimir Putin’s crimes, yielded to Russian troops in the Middle East, and dismissed Russia’s 2016 election interference as a hoax. Now Trump has been voted out by Americans, but he’s still serving Russia. He’s devoting his final days in office—and suggesting he might devote his post-presidency—to a long-standing Russian objective: destroying faith in U.S. elections.

For weeks, Trump has rejected Joe Biden’s victory as a fraud. In interviewstweetsspeeches, and a campaign rally in Georgia, Trump has accused Democrats of using dead people, undocumented immigrants, and software to manipulate the outcome. These allegations aren’t just lies. They’re replications, almost word for word, of propaganda that was spread by Russia in the United States and adopted by the Trump campaign in 2016. Russia expected Trump to lose that election, and it planned to portray his loss as evidence that American elections were rigged, that the U.S. government was illegitimate, and that the United States wasn’t really a democracy. Now that Trump has lost to Biden, that campaign of slander is underway. But it’s not being driven by Russians. It’s being driven by Republicans.

Russia’s strategy is detailed in three reports: one by the U.S. Intelligence Community, another by special counsel Robert Mueller, and a third by the Republican-led Senate Intelligence Committee. The ultimate goal of the operation wasn’t to elect Trump. It was to spread the idea that “U.S. election results cannot be trusted.” In 2016, Putin’s propagandists used fake Facebook pages and Twitter accounts (“Army of Jesus,” “Secured Borders,” “Tea Party News”) to plant bogus rumors of “voter fraud” in multiple states. They told the same horror stories and used the same trigger words Republicans use now: “rigged,” “dead people,” “illegal aliens,” globalist-controlled voting machines, “tens of thousands of ineligible mail in … votes,” and “voter fraud caught in Philadelphia.”

Trump and his followers parroted this propaganda during the 2016 campaign. Donald Trump Jr. and Eric Trump retweeted fake “#VoterFraud” updates written by Russian operatives. Kellyanne Conway, Brad Parscale, Michael Flynn, and other Trump campaign advisers also retweeted messages from the Russian accounts. When the Russians circulated a false rumor that voting machines were rigged against Trump, he repeated it on Fox News. After the election, when Russian front groups spread the word that “illegals” and “machines” had robbed Trump of the popular vote, he repeated that, too. “I won the popular vote if you deduct the millions of people who voted illegally,” he declared.

There’s much more at the link.

CUL_Tiger_Persimmon_Body02Ryan Cooper at The Week: The Constitution has an answer for seditious members of Congress. Cooper notes that the pandemic is growing exponentially, while Trump and the GOP do nothing about it. At the same time Republicans supported Trump’s effort to overturn the election results.

In short, material conditions in this country have not been this bad since 1932 at least, and the political situation has not been this bad since 1860. The logical endgame of the rapidly-accelerating Republican attempt to destroy democracy while the country burns would be civil war — if it weren’t for the high probability that Democratic leaders would be too cowardly to fight.

But it’s worth thinking about what a party seriously committed to preserving democracy would do when faced with a seditious opposition party — namely, cut them out of power and force them to behave. Democrats could declare all traitors ineligible to serve in national office, convene a Patriot Congress composed solely of people who have not committed insurrection against the American government, and use that power to re-entrench democracy….

All members of Congress swear an oath to protect and defend the Constitution, which establishes a republican form of government. The whole point of a republic is that contests for power are conducted through a framework of rules and democratic elections, where all parties agree to respect the result whether they lose or win. Moreover, the premise of this lawsuit was completely preposterous — arguing in effect that states should not be allowed to set their own election rules if that means more Democrats can vote — and provides no evidence whatsoever for false allegations of tens of thousands of instances of voter fraud….

…this lawsuit, even though it didn’t succeed, is a flagrant attempt to overturn the constitutional system and impose through authoritarian means the rule of a corrupt criminal whose doltish incompetence has gotten hundreds of thousands of Americans killed. It is a “seditious abuse of the judicial process,” as the states of Georgia, Pennsylvania, Michigan, and Wisconsin jointly wrote in their response to Texas trying to steal their elections.

137837cc1c976c7b6ac3e2db96f77e4dThe Constitution, as goofy and jerry-rigged as it is, stipulates that insurrectionists who violate their oath are not allowed to serve in Congress. Section 3 of the Fourteenth Amendment, written to exclude Confederate Civil War traitors, says that “No person shall be a Senator or Representative in Congress … who … having previously taken an oath, as a member of Congress … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same[.]” How the Supreme Court ruled, or whether Republicans actually believe their lunatic claims, is irrelevant. It’s still insurrection even if it doesn’t work out.

Democrats would have every right, both under the Constitution and under the principle of popular sovereignty outlined in the Declaration of Independence, to convene a traitor-free Congress (also including similar acts committed by Republican senators like Lindsey GrahamDavid Perdue, Kelly Loeffler, and others), and pass such laws as would be necessary to preserve the American republic. That might include a national popular vote to decide the presidency, ironclad voting rights protections, a ban on gerrymandering either national or state district boundaries, full representation for the citizens of D.C. and Puerto Rico, regulations on internet platforms that are inflaming violent political extremism, a clear legal framework for the transfer of power that ends the lame duck period, and so on. States would be forced to agree to these measures before they can replace their traitorous representatives and senators. If the Supreme Court objects, more pro-democracy justices can be added.

Unfortunately the Democrats are probably too cowardly to take these necessary actions. Two more articles to check out along these lines.

The Hill: Democrat asks Pelosi to refuse to seat lawmakers supporting Trump’s election challenges.

Greg Sargent at The Washington Post: Chris Murphy’s surprise floor speech raises tough questions for Democrats.

That’s all I have for you today. Have a nice weekend, and please stop by and leave a comment if you have the time and inclination.


Thursday Reads: Trump is Delusional and Republicans Are Enabling His Madness.

http://www.art-vangogh.com/

Vincent van Gogh, Winter scene with Arles in the background

Good Morning!!

I don’t even know how to think or write about what Trump is doing right now. He has somehow convince 17 state attorney generals to join a stupid lawsuit that asks the Supreme Court to overturn the 2020 election. The man behind the suit is Texas AG Ken Paxton, who is currently under investigation by the FBI.

Mark Joseph Stern at Slate: Texas AG Ken Paxton, Under FBI Investigation, Asks SCOTUS to Overturn the Election.

On Tuesday morning, Texas Attorney General Ken Paxton asked the Supreme Court to effectively declare Donald Trump the winner of the 2020 election. Paxton’s lawsuit falsely accuses Georgia, Michigan, Pennsylvania, and Wisconsin of counting invalid votes in violation of the Constitution. It asks the justices to remedy this alleged misconduct by forcing all four states’ legislatures to throw out every vote and appoint electors who support Trump. Many Republican lawmakers have already endorsed such a scheme, but Paxton is the first to ask SCOTUS to facilitate it. If the Supreme Court took up his invitation, it would commit the single biggest act of vote nullification in American history, voiding millions of ballots to hand Trump an unearned second term.

The Supreme Court, however, is not going to take up Paxton’s invitation. It has asked for a response from the four defendant states by 3 p.m. on Thursday; in light of the court’s hasty disposition of similarly laughable complaints, we can safely assume that the justices intend to dispatch this case promptly. Paxton’s suit is shot through with conspiracy theories and constitutional claims with no basis in law. Texas Solicitor General Kyle Hawkins, who typically authors the office’s lawsuits, did not sign on to this one, nor did his deputies; instead, Paxton brought in a “special counsel” from outside the agency. His suit is so ridiculous that it led some commentators to wonder whether the attorney general might have another motive for filing it. Paxton, after all, is reportedly under investigation by the FBI for alleged bribery and abuse of office. Trump, meanwhile, has been distributing pardons to his allies like candy. Paxton’s suit makes more sense as pardon-bait than it does as a legal document. And he may need presidential clemency to escape the federal criminal charges that could be imminent.

So this may just be an attempt by Paxton to get a pardon from Trump, but 17 other Republican-controlled states are going along with this assault on the democracy. In the article, Stern enumerates Paxton’s long history of criminal conduct and corruption. Read about it at the link.

Caspar David Friedrich, Winter Landscape

Caspar David Friedrich, Winter Landscape

Trump has also joined the lawsuit. CNN: Trump asks Supreme Court to invalidate millions of votes in battleground states.

President Donald Trump asked the Supreme Court on Wednesday to block millions of votes from four battleground states that voted for President-elect Joe Biden.

Trump’s request came in a filing with the court asking to intervene in a lawsuit brought by Texas Attorney General Ken Paxton seeking to invalidate millions of votes cast in Georgia, Michigan, Pennsylvania and Wisconsin.

The President is being represented by a new attorney, John Eastman, who is known for recently pushing a racist conspiracy theory questioning whether Vice President-elect Kamala Harris was eligible for the role because her parents were immigrants….

“Our Country is deeply divided in ways that it arguably has not been seen since the election of 1860,” the petition states. “There is a high level of distrust between the opposing sides, compounded by the fact that, in the election just held, election officials in key swing states, for apparently partisan advantage, failed to conduct their state elections in compliance with state election law.”

Echoing arguments made by Texas, Trump says the battleground states used the pandemic “as an excuse” and “ignored or suspended the operation of numerous state laws designed to protect the integrity of the ballot.”

He asks the court to block the states from using “constitutionally infirm 2020 election results” unless the legislatures of the states “review the 2020 election results.”

Instead of actually doing the job of POTUS in the midst of an out-of-control pandemic and economic disaster, Trump is spending all of his time claiming he actually won the election that he lost and trying to convince judges and lawmakers to help him with execute a coup and turn the U.S. into an authoritarian state.

Pierre-Auguste Renoir - Skaters in the Bois de Boulogne

Pierre-Auguste Renoir – Skaters in the Bois de Boulogne

The Washington Post: On record day for covid-19 deaths, Trump falsely proclaims at packed Hanukkah party, ‘We’re going to win this election.’

At the end of the nation’s deadliest day so far during the coronavirus pandemic, President Trump on Wednesday night emerged at an indoor Hanukkah party to speak with a crowd mostly wearing masks but not adhering to social distancing in the East Room of the White House.

Then, the president falsely said again that he won the election, boasting that victory was on the horizon in the form of long-shot legal efforts that have been repeatedly defeated in multiple states.

“All I ask for is people with wisdom and with courage, that’s all,” Trump told the crowd, according to a video of the event shared by Jewish Insider’s Jacob Kornbluh. “Because if certain very important people, if they have wisdom and if they have courage, we’re going to win this election in a landslide.”

The crowd responded by breaking into a chant of, “Four more years!”

The moment highlighted a consistent theme of Trump’s actions in the past month, as he has declined to address a dramatically worsening pandemic while focusing instead on his thus-far failed efforts to overturn the election results.

Wednesday’s White House holiday party came on the same day that 3,140 people died of covid-19 in the United States, a single-day record for deaths, according to a Washington Post analysis. Nationwide, 106,000 people were hospitalized with covid, another record.

The Hanukkah party was among at least 25 indoor parties planned in a packed holiday season at the White House, which ignored warnings from the Trump administration’s own public health experts to avoid large groups and limit travel.

Also from The Washington Post: Trump pressures congressional Republicans to help in his fight to overturn the election.

President Trump is shifting his focus to Congress after the courts roundly rejected his bid to overturn the results of the election, pressuring congressional Republicans into taking a final stand to keep him in power.

Trump’s push is part of a multipronged approach as he also seeks to lobby state and federal lawmakers to give him cover for his unsubstantiated claims of widespread voter fraud, as well as rally support for a last-gasp legal challenge in the Supreme Court that election law experts almost universally dismiss.

The president has been calling Republicans, imploring them to keep fighting and more loudly proclaim the election was stolen while pressing them on what they plan to do. He spoke to Arizona GOP Party Chairwoman Kelli Ward and Rep. Mike Johnson (R-La.), head of the conservative Republican Study Committee, on Wednesday, and is expected to meet Thursday at the White House with several state attorneys general. Meanwhile, Rudolph W. Giuliani, Trump’s personal lawyer and point man in the legal fight, has been making similar calls from the hospital, where he is being treated for covid-19.

Claude Monet, Snow Scene at Argenteuil, 1875

Claude Monet, Snow Scene at Argenteuil, 1875

The president also has enlisted Vice President Pence to reach out to governors and other party leaders in key states to see what else can be done to help the president. A person familiar with the calls said Pence has not exerted pressure on lawmakers to take specific actions and sees them as “checking in.” [….]

Meanwhile, on Capitol Hill, Trump’s conservative allies in the House have been privately buttonholing GOP senators, seeking to enlist one to join in objecting to slates of electors on Jan. 6, according to multiple people familiar with their effort who spoke on the condition of anonymity to discuss their plans.

On that day, Congress will meet in a joint session to count the electoral votes and declare Joe Biden as the 46th president — with Pence presiding. But if a member of the House and a member of the Senate challenge a state’s results, the whole Congress would vote — and the GOP plotting all but assures the routine process could take a dramatic turn, forcing Republicans to choose between accepting the election results or Trump’s bid to overturn the outcome.

Unbelievable. Read much more about the Republican efforts to support Trump’s power grab. 

I can’t understand why journalists are not writing that Trump’s behavior is simply insane. He is insane, and that needs to be discussed publicly. 

According to CNN’s Manu Raju, GOP senators ready to acknowledge Biden won but struggle with Trump’s refusal to concede.

A growing number of Senate Republicans are ready to publicly acknowledge what’s been widely known for weeks but what they’ve refused to say: Joe Biden won the presidency and will be sworn in on January 20.

What they’re less certain about: What President Donald Trump will do after the Electoral College votes on Monday and how they plan to respond if he won’t concede after Biden is the official winner.

“Trump’s going to do what Trump is going to do,” said Sen. Chuck Grassley of Iowa, who has asserted that Biden will be the President-elect once the Electoral College votes on Monday, but told CNN that it’s Trump’s call on conceding the race. “That’s the only answer I’m going to give you.”

Ivan Shishkin, In the Wild North, 1891

Ivan Shishkin, In the Wild North, 1891

For weeks, Republicans in the House and Senate have refused to acknowledge Biden’s victory, arguing that Trump has a right to pursue his case in court and staying mostly silent as the President wages a rhetorical assault on a foundation of democracy by arguing baselessly that the election was “stolen” and “rigged.”

And after interviews with more than two dozen Republican senators, many of them have pointed to December 14 as the defining moment — when electors meet in their state capitals to make the results official. Yet they are also confronting a new reality: Biden will officially clinch the necessary electoral votes to assume the presidency and the President is showing no signs of letting up.

Many Republicans won’t say if they’ll acknowledge the electoral reality next week. But others are ready to move on and acknowledge Biden won.

Finally, The Washington Post Editorial Board warns that Trump’s behavior could encourage his delusional supporters to act out violently: The danger is growing that Trump’s lies about the election will lead to violence.

PRESIDENT TRUMP’S lying about the election has become dangerous — and not just in the sense that it damages democratic norms. It also increasingly threatens to spur physical violence against Americans who have done their duty to oversee a free and fair vote.

Officials in Arizona, Colorado, Georgia, Kentucky, Minnesota, Vermont and Wisconsin have reported receiving threats or harassment. The Arizona Republican Party asked its Twitter followers Tuesday if they were willing to give their lives to overturn the election and “die for something.”

Armed “protesters” menaced Michigan Secretary of State Jocelyn Benson (D) and her family in their home over the weekend. “Someone’s going to get killed,” said Gabriel Sterling, a senior Georgia election official, as he detailed last week the death threats he and others have received. Yet, Mr. Trump continues to pour gasoline on the fire, tweeting Wednesday that “We will soon be learning about the word ‘courage’, and saving our Country.” Kim Ward, the majority leader of the Pennsylvania state Senate, told the New York Times that if she refused to cooperate with efforts to challenge the election result, “I’d get my house bombed tonight.” [….]

…passions are not dissipating; they are exploding. Republicans across the country, from Senate Majority Leader Mitch McConnell (Ky.) down to county GOP chairs, are inflaming them with their encouragement or their acquiescence. Violence seems ever more possible when President-elect Joe Biden’s victory becomes official — if not before. Short of that, Mr. Trump is creating a new playbook for failed candidates: Rile the base; delegitimize your opponent’s victory; pressure state officials to flip the results. This strategy could be far more potent in a closer election. It threatens the foundations of U.S. democracy.

There’s plenty of other news, so please use the comments to share the stories you are following today.


Tuesday Reads

Good Morning!!

120120holidaytreerAs Trump continues his coup attempt and Mitch McConnell continues to block relief for struggling Americans, Covid-19 is ravaging our country. 

The New York Times: The U.S. has recorded its most Covid-19 deaths in a week.

With a seven-day average of 2,249 deaths, the country broke the previous mark of 2,232 set on April 17 in the early weeks of the pandemic. Seven-day averages can provide a more accurate picture of the virus’s progression than daily death counts, which can fluctuate and disguise the broader trend line.

The United States is approaching 300,000 total deaths, with nearly 283,000 recorded, according to a New York Times database. The nation is averaging nearly 200,000 cases per day, an increase of 15 percent from the average two weeks earlier, and has recorded over than 15 million total cases.

Much has changed since the previous peak in April. The coronavirus is no longer concentrated in big urban areas like New York City and now envelops much of the country, including rural areas that had avoided it for several months.

Many of the hardest-hit counties on a per person basis are now in the Midwest. North Dakota, where one in every 10 residents has contracted the virus, has the highest total reported cases by population, followed closely by South Dakota, Iowa, Wisconsin and Nebraska.

The latest wave to hit the United States has hospitalized record numbers. Each day since Dec. 2, more than 100,000 Covid-19 patients were in hospitals. That far surpasses the number of people hospitalized during the peaks spring and summer, which at their worst had nearly 60,000 Americans in the hospital daily.

The new peak also comes as the nation prepares for holiday celebrations, and as colder temperatures may push people to congregate indoors. Infectious-disease experts have warned that trends in the United States, which reported a record 2,885 deaths on Wednesday, could continue to worsen over the next several weeks.

cb120520daprWe are getting closer to a vaccine, and the FDA has found that the Pfizer vaccine “worked well” after the first dose “regardless of a volunteer’s race, weight or age.” But yesterday The New York Times revealed that there most likely won’t have enough to go around: Trump administration officials passed when Pfizer offered months ago to sell the U.S. more vaccine doses.

Before Pfizer’s coronavirus vaccine was proved highly successful in clinical trials last month, the company offered the Trump administration the chance to lock in supplies beyond the 100 million doses the pharmaceutical maker agreed to sell the government as part of a $1.95 billion deal months ago.

But the administration, according to people familiar with the talks, never made the deal, a choice that now raises questions about whether the United States allowed other countries to take its place in line.

As the administration scrambles to try to purchase more doses of the vaccine, President Trump plans on Tuesday to issue an executive order that proclaims that other nations will not get the U.S. supplies of its vaccine until Americans have been inoculated.

But the order appears to have no real teeth and does not expand the U.S. supply of doses, according to a description of the order on Monday by senior administration officials.

Read more details at the link.

On Trump’s executive order, Politico reports: ‘I literally don’t know’: Operation Warp Speed scientist can’t explain Trump’s vaccine order.

The chief scientist of the Trump administration’s Operation Warp Speed was unable to explain President Donald Trump’s latest executive order Tuesday, which aims to prioritize shipment of the coronavirus vaccine to Americans over other countries.

Moncef Slaoui, who Trump tapped in May to head up the administration’s efforts to hasten vaccine development, appeared puzzled when asked to clarify the president’s order during an interview on ABC’s “Good Morning America.”

lk112920dapr“Frankly, I don’t know, and frankly, I’m staying out of this. I can’t comment,” Slaoui said. “I literally don’t know.”

“You don’t know?” asked anchor George Stephanopoulos.

“Yes,” Slaoui said.

“But you’re the chief science adviser for Operation Warp Speed,” Stephanopoulos pressed.

“Our work is, you know, rolling,” Slaoui replied. “We have plans. We feel that we can deliver the vaccines as needed. So I don’t know exactly what this order is about.”

Indeed, it remains unclear how Trump’s executive order would be enforced, as drugmakers are already making agreements to deliver supplies for other countries.

Slaoui was similarly dismissive when asked about the executive order in another interview Tuesday, telling Fox News that “what the White House is doing is what the White House is doing.”

The incompetence would be funny if it weren’t going to kill people.

The Washington Post: Pfizer tells U.S. officials it cannot supply substantial additional vaccine until late June or July.

Pfizer has told the Trump administration it cannot provide substantial additional doses of its coronavirus vaccine until late June or July because other countries have rushed to buy up most of its supply, according to multiple individuals familiar with the situation.

That means the U.S. government may not be able to ramp up as rapidly as it had expected from the 100 million doses of the Pfizer vaccine that it purchased earlier this year, raising questions about whether it can keep to its aggressive schedule to vaccinate most Americans by late spring or early summer.\Trump administration officials denied there would be availability issues in the second quarter, citing other vaccines in the pipeline — most immediately, Moderna’s, also expected to be approved in coming weeks. Both vaccines are two-dose regimens, so the 100 million doses purchased of each would cover 50 million people each.

“I’m not concerned about our ability to buy vaccines to offer to all of the American public,” Gen. Paul Ostrowski, who oversees logistics for Operation Warp Speed, the government’s initiative to expedite vaccine development, said in an interview Monday. “It’s clear that Pfizer made plans with other countries. Many have been announced. We understand those pieces.”

But several officials knowledgeable about the contracts said that supplies from other companies may be insufficient to fill the gap.

20201126edhoc-aLet’s hope the Biden administration will be able to deal with the mess that Trump is leaving them. 

Trump and his buddies continue to flaunt warnings about wearing masks and social distancing to prevent spreading the virus. Of course these people will get the best treatments, while others whom they expose may not. The Daily Beast: Rudy Giuliani’s COVID Case Shows There’s No Vaccine to Treat the Disease the GOP Has Become.

Trump’s lawyer needs a doctor. If you saw him gallivanting across the country for the past month trying to overturn the election, it should come as no surprise to you that Rudy Giuliani, once revered as “America’s Mayor,” was hospitalized for COVID-19 this week.

Giuliani, a potential one-man superspreader whose recent visit forced the entire Arizona legislature to close up shop, is being treated at Georgetown University Medical Center. For the rich and powerful, there’s always room at the inn. Or hospital. And while we all hope for his speedy recovery, this is the latest sign that a pattern of privilege has emerged. It goes like this: Having tempted fate by refusing to social distance or wear masks, Trump and his team contract the virus. Next, they receive world-class medical treatment. Last, they quickly recover.

It’s not a victimless advantage. Their miraculous recovery reinforces the resentment of every hoohaw who won’t wear a mask and throws a fit at a bar in Staten Island because last call comes early at 10 p.m. The problem with these quick recoveries is that they demonstrate (to people who are the most susceptible to this message) that COVID-19 isn’t really a big deal.

Trump said yesterday that Giuliani is doing well and doesn’t have a fever. Then why is he in the hospital? I’m 73. Would I be hospitalizes with mild symptoms and no fever?

Meanwhile, there’s still no stimulus coming from Congress; and the one they are working on doesn’t include checks to help us regular folks, but it does include liability protections for corporations that force people to work in unsafe conditions. John Nichols at The Nation:

What the United States desperately needs is a multitrillion-dollar stimulus package to provide the resources to fight the current coronavirus surge, to provide for the unemployed and underemployed, to keep small businesses and small farms afloat, to fund state and local governments and schools, and to organize and implement the distribution of the vaccines that are vital to ending the current crisis.

What the United States does not need is a massive corporate bailout that allows the wealthiest and most powerful businesses in this country to avoid liability for actions they take that sicken and kill Americans.

20201203edshe-bUnfortunately, that is what Senate majority leader Mitch McConnell and his minions have been battling to include in a new Covid-19 “relief” package. And key Democrats could end up going along with the grim reaper’s ghoulish scheme as he again uses federal legislation to insulate irresponsible CEOs from accountability—and, conveniently, to reward the business interests that fund Republican campaigns.

Exploiting the sense of urgency over the peaking pandemic and the prospect of what President-elect Joe Biden refers to as a “long dark winter” for working families, McConnell and his colleagues have for months held relief proposals hostage over the issue of a so-called “liability shield.” Such a shield—even if it is limited, even if it is only temporary—would give corporations immunity from lawsuits related to Covid-19.

Considering the stark evidence of irresponsibility on the part of US corporations since the pandemic hit, the proposal is absurd. Yet the “COVID Emergency Relief Framework” scheme that was initially proposed by corporate-aligned centrists in Congress but has now attracted backing from leading congressional Republicans and Democrats proposes just such a liability shield. The one-page outline of the plan released last week includes among its proposals: “Provide short term federal protection from coronavirus-related lawsuits with the purpose of giving states time to develop their own response.”

Click the link to read the rest.

Today could be the last day for Trump’s stupid coup attempt. Zoe Tillman at Buzzfeed News: Trump’s Desperate Effort To Overturn The Election Is Running Out Of Time.

Tuesday marks the “safe harbor” deadline — the date when states must certify results if they want protection under federal election law against Congress stepping in to decide which candidate gets their electoral votes. The fact that lawsuits are pending won’t prevent states from getting the benefits of certifying results by that date, according to election law experts. Judges are already wary of injecting legal uncertainty into the election and causing chaos and will be even more reluctant to do so after the deadline passes.

lk120420dapr“The doors close significantly after the safe harbor deadline passes,” said Rebecca Green, codirector of the Election Law Program at William & Mary Law School. “It’s going to be a heavy lift to convince a judge to defy federal deadlines. I think it would only happen or be successful if some kind of wild evidence of just unbelievable scale were unearthed that was credible.”

Trump’s campaign has conceded that the Dec. 8 deadline is key to the fate of its legal challenges. It has pushed courts to rush to consider cases by then. In the campaign’s failed constitutional challenge to Biden’s win in Pennsylvania, Trump’s lawyers argued on Nov. 22 that it was “critically important” for a federal appeals court to hear the case before the deadline, which at that point was 16 days away. The court agreed to expedite the case and ruled against Trump in a 3–0 decision just five days later.

Read more at Buzzfeed.

Coming soon: the Trump pardon spree. Once again, this would be hilarious if it weren’t so dangerous. Axios: Trump plots mass pardons, even to people not asking.

President Trump isn’t just accepting pardon requests but blindly discussing them “like Christmas gifts” to people who haven’t even asked, sources with direct knowledge of the conversations told Axios.

Behind the scenes: Trump recently told one adviser he was going to pardon “every person who ever talked to me,” suggesting an even larger pardon blitz to come. As with most Trump conversations, the adviser wasn’t sure how seriously to take the president — although Trump gave no indication he was joking.

The big picture: The president relishes his unilateral authority to issue get-out-of-jail-free cards. Lately, though, he’s been soliciting recipients, asking friends and advisers who they think he should pardon.

Trump has also interrupted conversations to spontaneously suggest that he add the person he’s speaking with to his pardon list, these sources said.

Finally, at The Washington Post, Michael Luttig, a former judge writes: No, President Trump can’t pardon himself.

246223_rgb_768The pardon clause’s language is broad indeed, unambiguously allowing the president to pardon seemingly any other person convicted for any federal criminal offense. But its language does not unambiguously include the president himself. Had the Framers intended to give the president such broad power, we would expect them to have clearly said so. After all, the new nation was in the process of rejecting a monarchical government in favor of a democratic republic.

Instead, the words they chose to confer the pardon power on the president contemplate his granting of reprieves and pardons only to persons other than himself. The word “grant” connotes a gift, bestowal, conferral or transfer by one person to another — not to himself. That would have been the understanding of this word at the time of the Constitution’s drafting, and it is how the term “grant” was understood and is used elsewhere in the Constitution.

At the same time, the “take care” argument against the power to self-pardon merely assumes the very conclusion it reaches: that the pardon clause does not empower the president to pardon himself, and therefore that his self-pardon would be irreconcilable with his responsibility to take care that the laws be faithfully executed. This begs the question just as much as the textual argument made for self-pardons. If the Constitution allows a president to pardon himself, there could be no argument that in pardoning himself the president was not faithfully executing the laws.

Read the full argument at the WaPo.

Hang in there Sky Dancers! We just have to survive 43 more days of this insanity until the Inauguration. 


Lazy Caturday Reads

Tetsuo Takahara3

Good Morning!!

Today’s Caturday illustrations are by Japanese artist Tetsuo Takahara.

We are getting our first Nor’easter of the season today and tomorrow. I don’t know how much snow we will get yet, but it’s already stormy out there.

Patch.com: Coastal Storm Could Bring 18 Inches Of Snow To Parts Of MA.

BOSTON — A nasty Nor’easter has taken aim at Southern New England Saturday, with snow totals again upped to more than a foot in parts of the state. What started as a rainy day will turn into snow, leading to messy conditions across the state.

The National Weather Service has continued to raise the expected snow totals in the days leading up to the storm, with Saturday morning’s updated forecast showing parts of the state could see as much as 18 inches of accumulation. A winter storm warning is in effect from 1 p.m. Saturday until 7 a.m. Sunday.

Most of the state should see the first flakes fall by early-to-mid afternoon, though the northwest corner of the state could see snow as early as 10 a.m. Worcester is expected to be hit hardest, with a foot to a foot and a half of snow expected.\

The combination of the wet, heavy snow with high winds could lead to downed trees, power lines and widespread power outages. While the Cape and islands aren’t expected to see too much snow accumulation, they’ll be hit the hardest by the winds, which could top out at 65 mph in Provincetown. Keep electronic devices charged in case of a power outage.

Testsuo Takahara1Sorry for the local news, but this is quite a shock. It’s very early for us to be getting a winter storm. This storm is actually impacting the entire East coast from the Carolinas to Maine. CNN: First nor’easter of the season could turn into a ‘bomb cyclone’ in New England.

A rapidly intensifying nor’easter will bring heavy rain and snow from the Mid-Atlantic through New England this weekend, triggering winter weather alerts in several Northeastern states….

“As the system rapidly intensifies, it will also bring windy conditions, especially along the coast from the mid-Atlantic through Maine,” said CNN meteorologist Taylor Ward. “Expect winds to gust 30 to 40 mph Saturday, with some gusts perhaps even topping 50 mph in areas like Cape Cod.”

Gale warnings are in effect along the coast from the Carolinas to Maine. A reduction in visibility, along with strong winds, are expected to cause hazardous seas, which could capsize or damage vessels.

This storm could intensify fast enough to become a “bomb cyclone,” a phenomenon characterized by a pressure drop of at least 24 millibars within 24 hours and increased precipitation and winds.

The heaviest rain will fall along the Eastern Seaboard, particularly from Richmond, Virginia, to Boston, where rainfall totals of 2 to 4 inches are expected.

The heaviest snow will likely fall between Worcester, Massachusetts and Caribou, Maine, where 8 to 12 inches is forecast. Over one foot of snow is possible for isolated locations, especially in Maine.

So if you’re in the path of the storm, stay inside, get cozy and comfortable with a good book or other favorite indoor activity.

70236ec8f93c827a416d137f0aa89523If you’re getting the feeling I’m avoiding the political news, you’re absolutely right. But I’ll force myself. Here are some of today’s top stories.

Trump had a devastating day in court yesterday.

The New York Times: Judge Orders Government to Fully Reinstate DACA Program.

A federal judge on Friday ordered the Trump administration to fully restore an Obama-era program designed to shield young, undocumented immigrants from deportation, dealing what could be a final blow to President Trump’s long-fought effort to end the protections.

The program, known as Deferred Action for Childhood Arrivals, was created by President Barack Obama in 2012. Over the years, it has protected more than 800,000 individuals, known as “dreamers,” who met a series of strict requirements for eligibility.

But those protections have been under legal and political siege from Republicans for years, leaving the immigrants who were enrolled in DACA uncertain whether the threat of deportation from the United States could quickly return with a single court order or presidential memorandum.

Judge Nicholas G. Garaufis of the U.S. District Court in Brooklyn directed the administration on Friday to allow newly eligible immigrants to file new applications for protection under the program, reversing a memorandum issued in the summer by Chad Wolf, the acting secretary of Homeland Security, which restricted the program to people who were already enrolled. As many as 300,000 new applicants could now be eligible, according to the lawyers who pushed for the reinstatement.

The memo from the Department of Homeland Security also limited benefits under the program, including permits to work, to one year, but the judge ordered the government to restore them to a full two years. Judge Garaufis, who was appointed by President Bill Clinton, also said the government must find a way to contact all immigrants who are eligible for the program to inform them of the change.

The judge said the government must announce the changes to the program on its website by Monday.

5b1acce4221514ee0caea371adb2a734--japanese-art-cat-artAnd then there were the baseless claims of election fraud. Donald Trump’s brutal day in court.

President Donald Trump and his legal allies earned a platinum sombrero Friday, striking out five times in a matter of hours in states pivotal to the president’s push to overturn the election results — and losing a sixth in Minnesota for good measure.

It was another harsh milestone in a monthlong run of legal futility, accompanied by sharp rebukes from county, state and federal judges who continue to express shock at the Trump team’s effort to simply scrap the results of an election he lost. Several of the most devastating opinions, both Friday and in recent weeks, have come from conservative judges and, in some federal cases, Trump appointees.

The losses included a rejection in Wisconsin from the state Supreme Court, where the majority was gobsmacked at the effort by a conservative group to invalidate the entire election without any compelling evidence of voter fraud or misconduct.

“The relief being sought by the petitioners is the most dramatic invocation of judicial power I have ever seen,” said Brian Hagedorn, a conservative elected justice, in a concurring opinion. “Judicial acquiescence to such entreaties built on so flimsy a foundation would do indelible damage to every future election. Once the door is opened to judicial invalidation of presidential election results, it will be awfully hard to close that door again. This is a dangerous path we are being asked to tread.”

An Arizona county judge, similarly, tossed a suit brought by state GOP chair Kelli Ward. “The court finds no misconduct, no fraud and no effect on the outcome of the election.” Ward has vowed to appeal that ruling.\A Nevada judge issued a point-by-point rejection of every claim lodged by the Trump team, emphasizing that the facts they presented were sparse and unpersuasive. Carson City District Judge James Russell’s opinion repeatedly emphasized their case would not have succeeded “under any standard of proof.” [….]

b08d5e5aa610438a6bc83833b3136e1cIn one of the most prominent cases — a suit in Georgia brought by controversial lawyers Sidney Powell and Lin Wood — a federal appeals court dismissed an appeal seeking to expand a restraining order a district court judge issued Sunday barring any alterations to voting machines in three Georgia counties.

A unanimous three-judge panel of the 11th Circuit Court of Appeals rejected the appeal without even hearing oral arguments from the litigants.

Read more at Politico.

Trump is headed to Georgia today for a rally supposedly to support incumbent Senators David Perdue and Kelly Loeffler, but he’s more likely to use the event to whine about h.is election loss. The New York Times: A Gathering Political Storm Hits Georgia, With Trump on the Way.

ATLANTA — Some of the biggest names in national politics jumped into the fiercely contested runoffs for two Georgia Senate seats on Friday, even as a second recount showed that Joseph R. Biden Jr. had maintained his lead in the state and Republicans braced for a visit by President Trump, who has railed against his loss there with baseless claims of fraud.

With Mr. Trump set to campaign for the two Republican incumbents, David Perdue and Kelly Loeffler, on Saturday, Vice President Mike Pence and former President Barack Obama held dueling events to underscore the vital stakes in the special elections: If both Republicans are defeated, control of the Senate will shift to Democrats just as Mr. Biden moves into the Oval Office.

Mr. Obama appeared virtually at a turn-out-the-vote event for Jon Ossoff, the Democrat facing Mr. Perdue, and the Rev. Raphael Warnock, Ms. Loeffler’s opponent, and spoke of his frustration in seeing his initiatives blocked by the Republican-controlled Senate when he was in office. “If the Senate is controlled by Republicans who are interested in obstruction and gridlock, rather than progress and helping people, they can block just about anything,” Mr. Obama said.

Mr. Pence — with Mr. Perdue and Ms. Loeffler by his side — attended a Covid-19 briefing at the Atlanta headquarters of the Centers for Disease Control and Prevention and said later at a rally for the Republican candidates that “we’re going to save the Senate, and then we’re going to save America.”

Yeah, right.

DDFg8ATXoAAs3plThe Senate races are playing out at a hyperpartisan moment in American politics that has led to a civil war among Georgia Republicans divided over whether to support Mr. Trump as he persists with false assertions that the election was stolen from him. In Georgia and elsewhere, the president’s lawyers remain engaged in a failing, last-minute effort to throw the election to Mr. Trump.

Even as he tweeted this week that he wanted “a big David and Kelly WIN,” Mr. Trump called Brian Kemp, the state’s Republican governor, “hapless” for failing to work to overturn the election results, while also criticizing Georgia’s top election official, Secretary of State Brad Raffensperger. His sustained assault on Georgia’s voting system prompted an extraordinary rebuke this week from another high-ranking elections official, who warned of violent threats against poll workers and publicly pleaded with the president to cool down his conspiratorial rhetoric.

Meanwhile the coronavirus pandemic is surging everywhere. Here in Massachusetts, the numbers of new cases have climbed to 5,000 or more every day. Deaths are fewer than in the spring, but people are still dying on a daily basis.

The Atlantic: The U.S. Has Passed the Hospital Breaking Point.

Since the beginning of the pandemic, public-health experts have warned of one particular nightmare. It is possible, they said, for the number of coronavirus patients to exceed the capacity of hospitals in a state or city to take care of them. Faced with a surge of severely ill people, doctors and nurses will have to put beds in hallways, spend less time with patients, and become more strict about whom they admit into the hospital at all. The quality of care will fall; Americans who need hospital beds for any other reason—a heart attack, a broken leg—will struggle to find space. Many people will unnecessarily suffer and die….

Yet that worst-case scenario never came to pass at a national level. At the springtime peak, even as northeastern hospitals faced a deluge, 60,000 people were hospitalized nationwide. When the Sun Belt frothed with cases this summer, hospitalizations again reached the 60,000 mark before they started to fall.

A month ago, in early November, hospitalizations passed 60,000—and kept climbing, quickly. On Wednesday, the country tore past a nauseating virus record. For the first time since the pandemic began, more than 100,000 people were hospitalized with COVID-19 in the United States, nearly double the record highs seen during the spring and summer surges.

Tetsuo Takahara2The pandemic nightmare scenario—the buckling of hospital and health-care systems nationwide—has arrived. Several lines of evidence are now sending us the same message: Hospitals are becoming overwhelmed, causing them to restrict whom they admit and leading more Americans to needlessly die.

The current rise in hospitalizations began in late September, and for weeks now hospitals have faced unprecedented demand for medical care. The number of hospitalized patients has increased nearly every day: Since November 1, the number of people hospitalized with COVID-19 has doubled; since October 1, it has tripled.

Click the link to read the rest.

The New York Times: The Virus Is Devastating the U.S., and Leaving an Uneven Toll.

HOUSTON — The United States is winding up a particularly devastating week, one of the very worst since the coronavirus pandemic began nine months ago.

On Friday, a national single-day record was set, with more than 226,000 new cases. It was one of many data points that illustrated the depth and spread of a virus that has killed more than 278,000 people in this country, more than the entire population of Lubbock, Texas, or Modesto, Calif., or Jersey City, N.J.

“It’s just an astonishing number,” said Caitlin Rivers, a senior scholar at the Johns Hopkins Center for Health Security. “We’re in the middle of this really severe wave and I think as we go through the day to day of this pandemic, it can be easy to lose sight of how massive and deep the tragedy is.”

In California, where daily case reports have tripled in the last month, Gov. Gavin Newsom announced a new round of regional stay-at-home orders to address a mounting crisis over intensive-care beds. Some counties in the Bay Area said they were enacting tough new restrictions this weekend, before the state rules come into effect. And in South Florida, which is in the early stages of a new surge, physicians and politicians alike worried that there might not be enough resources to treat the sick.

Head over to the NYT for the rest. It’s worth a read.

That’s it for me today. I’m going to hunker down with a good book while I ride out the storm. Take care, Sky Dancers! I hope you’ll stop by today if you have the time and inclination. I’ll be checking in.