How Many More Children Will We Kill?

Yes, how many times can a man turn his head Pretending he just doesn’t see? The answer, my friend, is blowin’ in the wind The answer is blowin’ in the wind. Yes, how many times must a man look up Before he can see the sky? Yes, how many ears must one man have Before he can hear people cry? Yes, how many deaths will it take till he knows That too many people have died? The answer, my friend, is blowin’ in the wind The answer is blowin’ in the wind.    Words from Bob Dylan Blowin’ in the Wind -excerpted. Yes, I know that these words were written by Dylan as a protest song during the Vietnam War, but to me, they seem fitting now as another school is mourning its dead. In no other country are school children killed at the rate that America is permitting its children to die. Our politicians indeed pretend that they do not see, even as they attend the funerals of the dead or visit the families of the wounded. Do they not hear the cries of the mourners, see the trauma on the faces of the survivors? Just how many deaths indeed, will it take before they know that too many people have died, Dylan asked plaintively. We should ask the same questions. When are we, as a society, going to put in place safeguards to keep disturbed young men (and they, to my knowledge, have all been young men) from getting easy access to firearms that they subsequently used to murder their classmates? Obviously, Sandy Hook and Parkland were not awful enough to spur those we elect into action, so just how bad does the massacre have to be? In Colorado, alone, we have seen Aurora, Columbine, and the King Soopers store shootings in the lifetimes of my children, but many more shootings happened there over time, and that is just one state. Why do I mention my children? Well, now I have grandchildren and while school shootings occurred when my children were young, but were rare, now with the easier access to more powerful weapons, they are happening with greater frequency. And when we have parents who purchase these powerful weapons for 15-year-olds who do not always have the maturity to control their emotions, we get the result that was seen in Oxford, Michigan this week. They charged the parents with not controlling the access to this semi-automatic handgun, which they purchased for their son a few days before. This model is used by the Seals and is touted as being a good size for concealed carry. The school noted some warning signs in the student’s behavior and called the parents in for a conference; neither the parents nor the student mentioned his gun, and he returned to class after the meeting. The parents were told to arrange counseling immediately. Sadly, two hours later, the shootings began.    According to Education Week, there have been 29 school shootings so far this year and we still have a few weeks left in this calendar year, so, sadly, it may go even higher. So far there have been 11 people killed and 49 injured in these school shootings just this year.        Since 2018, it further reports, there have been 87 school shootings. The numbers decreased when many children were in virtual classrooms, as might be expected. However, no section of the country was immune, as the tragedies happened in twenty different states. It is well past time to bring back the assault weapons ban and to implement serious and sane gun registration and usage practices.   In recent days, the Supreme Court heard arguments about gun permitting in New York state and about abortion restrictions in Mississippi. I find a linkage here. Perhaps it is farfetched, but hear me out. The Court tea leaf readers thought the justices would strike down some restrictions for permitted carries in New York and would chip away at the supposedly settled law in Roe which held that abortions could occur until viability or around 23 weeks; the Mississippi law was written to create a challenge and reduce the term length to 15 weeks. Justice Thomas had long wanted to rule on gun rights cases after the limited ruling in Heller. Their decisions will probably be released in June, as is common with controversial cases.   In the decades since the assault weapons ban expired, more and more such guns have been purchased across this country. According to Forbes, there are over 20 million assault rifles in private hands in the US and at least 400 million additional firearms in private homes and businesses. That amounts to over one gun for every citizen of this country. Yet, the right-wing persists in reminding followers that the left is coming for your guns! This threat seems absurd, as to how would such a search be conducted? Do they really believe that Uncle Sam is going to go door to door and seize weapons? I remain wary of states with open carry and hope that those who want open carry laws to have interstate reciprocity by noting the permit is with the person, not the state, are defeated in this quest.   I think assault weapons should be banned because they have no purpose except to kill people; they are not used for hunting deer or other animals. I know many people would disagree with me, but I have yet to see an instance where such weapons have been used in civilian venues. A few years back, there was a shooting on a college campus in Oregon, where others were armed, but they did not shoot back because there was too great a chance of injuring passersby in cross fires. The police killed the shooter, but not before he killed ten people.   Listening to some of the conservative justices during the oral arguments in the Mississippi case was surreal. Despite all justices having said at one time or another that they would uphold precedents, few seemed to consider that in this instance, even saying that Brown could be overturned just as Plessy was. Justice Sotomayor was scathing in her comments, indicating that the stench of politics would be all over this court should they modify Roe in the way suggested.   Justice Barrett suggested that a mother could carry to term and drop her baby at the symbolic police station, hospital, or church steps under the safe haven principle. Hello, Justice Barrett–what part do you not understand about abortion–the point is not to have to carry a pregnancy for whatever reason, the mother felt was urgent enough to need to terminate her pregnancy. Pregnancy is not always good for every mother. Justice Kavanaugh, once thought to be moderate on this issue, was reportedly solidly on board with his conservative pals.   The Washington Post columnist, Ruth Marcus, has evaluated this current court in an article that is must reading for all who are concerned about the future of our democracy. This court, she says, is not as once thought, 3 liberals, 3 conservatives, and 3 moderates; no, she indicates, the conservatives are firmly in charge of a 6-3 court. She cites the Voting Rights decision in Brnovitch vs. the Democratic Party which challenged Arizona law that threatened to disenfranchise Native Americans who often did not vote in their home precinct. That law was upheld by the court in June. Mail voting is also difficult for this population, which often voted absentee and used collection points or neighbors to deliver ballots; this is now banned. Arizona throws out more ballots than any other state and this ruling will probably increase that statistic. Her conclusion is grim: “And so, for those who believe the court has a vital role to play in protecting democracy, promoting civil rights and achieving justice, “the outlook is not good at all,” said Donald B. Verrilli Jr., who served as solicitor general in the Obama administration. “Things may unfold more slowly or less completely than our worst fears. But I think most of our worst fears are going to be realized. It’s just a question of at what pace.”   If that grim diagnosis seems correct, the cure is more elusive. Some treatments, like court-packing, would be worse than the disease. Others, like imposing term limits, are harder to administer and wouldn’t be effective for years. Which means: The court is where it is. The Rule of Six is now in force. Conservatives have time to write their views into the law books, where they will remain for decades to come. The change they choose to enact will be swift or slow; it will be open or stealthy. But make no mistake: It is coming. The court, and the nation, will be worse off for it.”   This is another reason the Congress has to pass the Voting Rights Bill–hear me please, Senator Schumer–or will this get thrown under the proverbial bus along with legislation for Dreamers and immigration reform?   Some have thought that if the idea of upholding precedent can be overturned, is Gay marriage next? The Court decision in Obergefell vs. Hodges in 2015 was precedent setting and applauded by many, but not all. Just last year Justices Thomas and Alito blasted the Court for not taking up a case that had challenges to that ruling. And do not doubt the possibility that the right-wing is coming after contraception next.   Now, remember, that linkage I mentioned–well if one looks at loosened gun laws, and reduced personal rights and weighs the sanctity of life against measures that reduce the safety of lives, aren’t there contradictions here? If the court expands the use of guns and denies abortions, (increasing the chances of maternal deaths from illegal procedures) allows the death penalty, and lets children have guns that kill their classmates–where are the protections for personal life and liberty? Just wondering. Well, this has gone on for a bit, hasn’t it? I will just briefly look at COVID stats. *********************************************************************** The Omicron variant is here; no one quite knows what to make of it just yet. It seems to have 30 spike proteins, some of which can elude established vaccines. It is in Maryland and several other states, mostly from people who have been to South Africa recently. However, it is not yet dominant here. So, there is still time to get vaccinated; over 2 million vaccines were given in a single day last week, so that is a start. The Delta variant is still here; most likely the increase in numbers is because of the post-Thanksgiving surge. Maryland is 68% vaccinated and seems stuck there.   COVID stats – NY Times   Total US Cases: 49,044,822. New Cases: 109,822. Total US Deaths: 786,964. New Deaths: 1,178. Maryland Totals: Total Cases: 542,912. New Cases: 1,340.                             Total Deaths: 11,255. New Deaths: 11. *********************************************************************** In closing, I just want to note that Fox has gone lower than usual when it did not condemn the remarks of one of its hosts who compared Dr. Fauci to the Nazi docs who experimented on prisoners. Dr. Fauci spoke out about this.   “Til next week–Peace!

    

“I Would Like to See the Ocean”

                                       

I grew up in eastern Massachusetts, close to Boston and the Atlantic Ocean, and now live in Maryland where the ocean is further away, but still very much a part of the heritage of this state. During World War ll, it was often said that large numbers of men joined the Navy from the landlocked Midwest because they wanted to see the ocean and sail some of those seven seas oft-told in literature. To me, the ocean has always just “sorta been there” but the hypnosis of the waves, the sound of the surf, and the moon over the sea still are pleasures that do not age. I am proud to have touched my toes into the waters of the Atlantic, the Gulf of Mexico, and the Pacific Ocean over my many years of life on this earth.

Yet still, the words spoken by the wrongfully imprisoned, but just released prisoner Kevin Strickland, from Missouri, struck me with both the sincerity and poignancy of their content. Upon his release, part of what he said he wanted to do was: (paraphrased)‘To get a little house out from a city and have some dogs and be near a place to fish and to have some time alone.’ To be alone after many years in the cacophony that is the shared prison life is quite a valid dream. He also added that he wanted to see the ocean because “How are you going to live on planet earth when you don’t see the ocean one time?” I hope some of his dreams are realized.

This was a case where a teenager was imprisoned after wrongly being identified from a lineup after a violent triple murder, despite evidence from many others, including those who committed the crime, that he was not there. When the traumatized witness tried to correct her testimony, she was told that they would charge her with perjury if she did so. Surprisingly, the other men convicted of the triple murders, and who admitted their guilt and his innocence, have been out of prison for several years.

Strickland spent many years claiming his innocence and writing petitions to the courts, the governor, and whomever he could find, hoping someone would listen. Even after prosecutors acknowledged the wrongful imprisonment for Strickland and others, the state refused to release the men (lacking DNA evidence), stating that the time for any appeals had expired even though the evidence showed them to be innocent. Finally, his case was taken up by the innocence project. After he spent 43 years in prison, the law changed in Missouri and allowed the case to be revisited by the prosecutor and heard by a judge and the court ordered him released. However, he cannot ask for damages because of wrongful imprisonment, as Missouri law does not allow that. They jailed him at such a young age that he never paid into social security, so he cannot qualify for any retirement benefits or Medicare. Concerned people set a “go fund me site” up, and it has so far collected over 1.3 million dollars on his behalf. The innocence project is providing financial advisors to help him learn to budget and handle his money, as he has no banking account or use of credit card experience. The world he finds now differs greatly from that which he left.

Although Strickland has been freed and others have in recent years been released after work by outsiders, this should not have to be the case. This is not true justice, nor are these the reasons we have a court system. Although people have been wrongfully convicted for generations, the authorities should not use the system against the innocent. The governor and attorney general in Missouri both insisted that they should not release him because of a formality in the law. So, what is a person entitled to? I contend that standing on procedure and the letter of the law when real justice is on the other side is wrong. Does the fact that both of the cases in Missouri were for Black men with few resources who were jailed when they were young make any difference in the way the law was interpreted? That is a question that I cannot answer, but I can wonder just how many other men have spent decades in prison because they could not pursue their innocence. How many lives have been damaged in this manner? We need real reform for our justice system throughout the nation, as I am certain Missouri is not an isolated case. Recently, Maryland released a prisoner and paid compensation after many years of wrongful imprisonment.

Just this month, the Oklahoma governor lifted the death sentence for a prisoner, Julius Jones, whom many think was not guilty, but refused to commute his sentence and release him, or even allow him the possibility of an appeal, despite the uncertainty of the validity of his conviction. While much of the civilized world has stopped executing prisoners, the United States, at least in certain states, has continued the practice. The Death Penalty was stopped recently in Virginia, which historically had executed the highest number of prisoners, but it remains on the books as an option for 27 states, although five states no longer use it. With the number of cases being revisited for improper sentencing, there remains the possibility still that innocent men (and they are almost all men) will be put to death.

On another subject, the three men in Georgia charged with the murder of Ahmaud Arbery were convicted by a group of 11 white jurors and 1 black juror. Although there were claims made for self-defense and for a citizen’s arrest (only allowed when a crime has been viewed) the prosecutor destroyed those defenses by showing the video that the men themselves made. They showed no crime before the pursuit of Arbery by the armed men, and the only confrontation came when he was hemmed in by their trucks. So, this time, here, justice was done. What might have happened if there was no video; how could there have been a conviction?

Two prosecutors declined to prosecute, allowing a citizens’ arrest, as they knew some of the men and had worked with them; when the state moved another prosecutor in to look at the case after protests from the Arbery family, then charges were set. So, we cannot assume that a similar case might have the same result if it were lacking video. In Wisconsin, the jury decided that a teen with a semi-automatic gun was not an aggressor, even with a video showing that others tried to disarm him when he killed protestors, so who knows? Once again, justice is sometimes in the eye of the beholder. Some progress has been made in Georgia, that citizen’s arrest law, originally written to capture runaway slaves in the 1860s, has been voided and repealed in the name of Ahmaud Arbery.

But the defense, in this case, was appalling, complaining (some said to create an appeal basis) against the presence of Black pastors in the courtroom and outside the courthouse. The pastors came to support the family through the proceedings. One attorney even claimed that the victim wore no socks and said Arberys’ toenails were long and dirty. Yep, he was running, and I bet that his skin was also black, just in case no one in the jury has noticed their other slurs! Who acts like that–obviously these defense attorneys have no moral center. It is said that they will appeal, but I cannot see where they have a reason to do so.

Before I move on, I must mention Eugene Robinsons’ column in the Washington Post on Sunday about the urgency of passing the John Lewis Voting Rights Advancement Act. He demands that Democrats (he singles out Senators Sinema and Manchin who want to keep the filibuster) get this done and if it takes circumventing or eliminating the filibuster, then take that action. The time has passed where a bill will get a hearing on its merits and voting will happen to right a wrong; he states as party-line votes cover everything and the GOP tilts the playing field in its favor. He concludes by saying: “This isn’t about saving the Democratic Party. It’s about giving all Americans a vote and thus a voice in electing our leaders. Senators, do the right thing.”

Let’s get this done!

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Just when we were hoping to be out and about, flush with our Booster shots, the Covid variants had other ideas. A new variant, named Omicron, has been identified in South Africa and Hong Kong. It is described as being easily transmissible and having more virus spikes than earlier variants. Currently, scientists think that the vaccines in use can curtail this variant, but are testing to see if they need to further adjust the vaccine formulas. As yet, there have been no cases in fully vaccinated patients. Others warn this variant results from not fully vaccinating large parts of Africa, but credit the South African clinics on isolating this. Although this variant has not yet been identified in the US, it is assumed it is or will be soon. The US also does not do as much testing as other countries, so may lag in this ID. Several nations have identified the variant on airline passengers from Africa. The US has moved to restrict airport arrivals from several African nations. We should send them vaccines as fast as possible.

Meanwhile, Delta is still causing problems in the US, which is still only listing 59% as fully vaccinated and shows a 25% increase in cases over the last two weeks. Michigan, Massachusetts, and Illinois lead in percentages of recent cases. Maryland is still stuck at 67% of its residents with vaccinations. All case numbers are expected to increase after the Thanksgiving holidays due to increased traveling. We have now passed over three-quarters of a million in total deaths in the US, with almost 50 million total cases.

COVID Totals- NY Times:

US Totals: Total Cases: 48,190,676. New Cases: 83,979.

                  Total Deaths: 777,390. New Deaths: 961.

Maryland Totals: Total Cases: 584,370. New Cases: 874.

                            Total Deaths: 11,186. New Deaths: 9.

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Right-wing commentators attacked VP Kamala Harris for buying expensive cookware (under $500) in Paris when she made an official visit there. Any American food magazine and many Maryland kitchens, I would bet, feature some similarly priced cookware items. And, after the extravagance of Melania and her ugly $5000 Gucci caftan, cookware seems pretty normal to me!

Holiday wishes for those celebrate Hanukkah!

‘Til next week–Peace!

We Cannot Allow Vigilantism

This week the nation is following two trials where civilians took law enforcement into their own hands. One trial in Wisconsin has ended with a verdict. The other, in Georgia, is expected to wind up this week. Both are examples of Americans' odd obsession with firearms. To my way of thinking, there are too many people driving around with guns at the ready. Fender benders turn into deadly encounters, an evening out for dinner destroys a family caught in a crossfire, children on a playground are wounded by stray bullets; each of these incidents happened recently in Washington DC.

But these two trials showcase a different motive as people with guns took law enforcement into their own hands. They were judge and jury over perceived unlawful actions. In each instance, the shooters claimed they feared for their lives.

The verdict in Wisconsin in the trial of Kyle Rittenhouse, while expected, is, to me, still shocking. That a 17-year-old can legally access a semi-automatic gun on a technical exception, is astounding. There was confusion on the evening of the shooting in Kenosha, as protests and rioting were ongoing after the police shot an unarmed Black man in the back and paralyzed him. It was nighttime; no one seemed in charge. So, when this young man left his home in another state to come and defend the city of Kenosha in some manner, he immediately perceived danger from others there, and he started firing instead of retreating. In the end, he killed two people and seriously wounded another. The jury believed his claim of self-defense and acquitted him. To my mind, if he had stayed home where I think he belonged, the two dead people might still be with us.

President Biden reacted to the verdict by saying he did not agree with it but that we must support the decision of the jury. Vice President Harris said: "My impressions about the verdict is that the verdict really speaks for itself. As many of you know, I've spent a majority of my career working to make the criminal justice system more equitable and clearly there's a lot more work to do."

In the case in Georgia, Ahmaud Arbery, a Black man who lived nearby, was out jogging through a neighborhood when two white men who also lived there thought he was responsible for recent burglaries and tried to intercept him. When he did not stop and tried to run away, he was shot and killed. There was no sign that he was armed or threatening. The two men were joined by a third and all are now on trial for this murder. It took several months for this trio to be indicted, as the original county prosecutor did not see a reason to charge them; the authorities in Georgia have since indicted her for prosecutorial misconduct.

In this trial, the defense counsel excluded all but one Black member from the jury and one attorney has repeatedly called out the presence of prominent Black clergymen sitting in the courtroom to comfort the mother of the victim, claiming their presence would prejudice the jury. The presiding judge has denied a request for their exclusion. Race is definitely a factor in this case. The defense at this trial also asserts that the men were protecting themselves when they shot an unarmed man.

Where do we go next? Will these self-defense claims encourage others to arm themselves and turn more of our streets into shooting galleries? When is enough, enough? Aren't we already saddened by shootings in our schools, our movie theaters, our workplaces, shopping malls, and parking lots? Do we really need self-styled vigilantes taking the law into their own hands and walking along our streets? Don't we have police forces that should do keep us safe? Do we now value lives so little that others can be shot without consequence? Or is it that just some lives are devalued? We, as a society, need to take a stand and say that these types of actions will no longer be tolerated before we devolve into a society of lawlessness.

Sadly, I fear the situation will get worse as the right-wing crowds are jumping to the defense, and, in fact, funding the defense of Rittenhouse and the MAGA crowds are cheering him on because he shot protestors. The Fox News network was embedded with the defense and is doing a documentary on the case; of course, the network was among his biggest fans on their nightly shows. The Supreme Court just heard a case from New York where the strict gun permitting laws there were called into question. It is thought that this court will weaken these restrictions when they release their decision later in the court year.

Now, after all of this dreary news, some great news: the House passed the Build Back Better Bill 220 -213 the other evening, despite the grandstanding by Minority Leader Kevin McCarthy doing his best imitation of Senator Strom Thurmond in his 8 hour House oration. Nonetheless, Majority Leader Nancy Pelosi had the last word, and the bill passed the House to thundering applause – from the Democrats, at least! The Bill met the financial concerns from the Democratic moderates as the Congressional Budget Office validated the cost numbers enough to satisfy their issues. The New York Times lays out just what is covered here: in a detailed chart of the initiatives and their costs. Everyone expects these numbers to change as the bill goes to the Senate, where Republicans are expected to all oppose it, so all Democrats will need to vote in favor of this bill under the Reconciliation process. Then it shall go to conference and again be voted on in the House.

Senate Majority Leader Chuck Schumer indicated this week that Democrats will negotiate with Senators Manchin and Sinema to ensure the passage of these programs. As the House added Paid Family Leave back into the bill after Manchin indicated he could not support this provision, the discussion should be interesting. Schumer said that he wants this bill passed before Christmas. I think it is sad that these two Democrats are causing so much strife; we don't get to be in power with all three levels of Government under Democratic control that often; why are we wasting time on arguing amongst ourselves? According to the recent polls,(at 538) this bickering is hurting the President's approval and making Democrats look bad.

Of course, there is also the matter of the National Debt, which Minority Leader McConnell said he will not support increasing since he took such flack when he supported it previously, so we shall see what happens there. Earlier Nancy Pelosi indicated that the provision may be added to the Reconciliation Bill and thus not need Republican support.

The Republicans in the House also are busy chastising their members who supported the Infrastructure Bill, while ignoring the actions of Representative Paul Gosar from Arizona who uploaded an anime to YouTube showing him stabbing Rep. Ocasio-Cortez and attacking President Biden. All the Democrats, joined by Republican Reps. Cheney and Kinzinger voted to censure Gosar and strip him of his committee assignments. McCarthy, already expecting to soon become Majority Leader, threatened to do the same to Democrats when he was in charge, even though Democrats have done nothing approaching such senseless actions. Gosar was unapologetic and reloaded the violent cartoon which had been taken down.

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In the latest COVID news, the FDA announced that boosters have now been approved for all adults. Two new medications by Astra Zeneca and Pfizer to decrease the severity of illness in diagnosed COVID cases seem to work well. Michigan and Minnesota are the top states with new cases this week. Maryland, which reported it was 67% vaccinated last week, is still reporting that number although numbers with one vaccination have increased to 74%.

COVID Stats–NY Times:

US Totals: Total Cases: 47,692,614. New Cases: 93,689. Total Deaths: 769,769.

New Deaths:1,113.

Maryland Totals: Total Cases:578,252. New Cases:914. Total Deaths: 11,121. New Deaths: 9.

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Let's hear it for the Washington Spirit–they won the title in the Women's National Soccer League Championship Game yesterday!

Finally, just have to mention that the Republicans (especially Ted Cruz) are now attacking Sesame Street decrying its' "propaganda". Of course, Fox News (which requires its staff to be vaccinated) and the folks at CPAC jumped on the bandwagon! As I understand it, they barked at Big Bird because he showed off his 'vaccination' to help kids facing theirs; now they are calling into question, the newest muppet, who is an Asian puppet, telling Sesame Street to go back to counting and the ABC's. C'mon guys, you can do better than that!

"Til next week-Peace!

Insurrection Hearings Continue (& More)

This past week, our nation commemorated those whose lives we lost in our many wars over the last century, on Veterans Day. The Tomb of the Unknown Soldier, which first held the remains of a World War I veteran when the government built it one hundred years ago, allowed visitors to place flowers to honor a century of remembrances. One commentator I heard on TV–and I do not remember whom-mentioned that this was the first Veterans Day in recent memory when our country did not have troops in active combat in a war zone. I believe that this is a positive occurrence.

I dislike thinking of our country as a warrior nation, despite our many years of warring conflict. I would rather think of us as the peacekeepers, the arbiters of dissent between warring parties, rather than those who are killing others, too often those who are not white. I mourn those many thousands who have died in our wars and regret even more thousands who bear the scars from those wars, both physical and emotional. I thank the families touched by these sacrifices for the pain they have shouldered, often silently.

But now that we have this pause in our conflicts, let’s work even harder to keep peace at hand. I know that there are bad actors out there; even as I write, Putin is again threatening Ukraine, the Saudis are still fighting in Yemen, and tribal and religious warfare continues in Africa. The dictator in Belarus is flooding Europe with refugees and Cubans are trying to march for democracy. Afghanistan remains unsettled. China is menacing Taiwan and others in the South China Sea and brandishing new weapons of warfare. The world is not a simple place.

But, as we also saw last week, representatives from more than 200 countries met in Scotland to try to combat rising world temperatures and sea-level encroachment on coastal lands; we all have a common enemy.  Let’s try to focus our energies on reducing carbon, replacing coal as an energy source, and working toward renewable energies.

And, on Capitol Hill, the House Select Committee on the January 6^th Insurrection, notes that hearings continue behind the scenes, issuing subpoenas for those who did not answer their requests to provide documents and testimony. To date, the committee has issued 35 subpoenas to individuals involved with the White House and with the planning for the protests on January 6^th. Most recently, Mark Meadows, the chief of staff for the former president, declined to appear or provide documents. However, the criminal indictment handed down on Friday by the Department of Justice against former White House aide Steve Bannon might give pause to some of those who have refused to appear and cause them to reconsider their defiance.

A federal appeals court placed a hold on the release of documents that the former president has tried to restrict claiming presidential executive privilege. A lower court had ordered their release. As pointed out by the Washington Posts’ Ruth Marcus, the constitution does not mention executive privilege; this right belongs only to a sitting president. Marcus further explains that according to the Presidential Records Act, the release of the documents can proceed if the sitting president allows their release unless a court rules otherwise. So, we shall see what the next steps will be. The former president has said he will go to the Supreme Court if the appeal is denied; expecting that “his justices” will rule his way.

A Republican attorney representing Mark Meadows, George Terwilliger III, has argued just the opposite and claims that President Biden, by not granting this exception, is going against 200 years of history. Biden has claimed that the extraordinary circumstances of the insurrection require finding out the truth behind who planned, organized, financed, and perpetuated these actions.

Congressman Jamie Raskin spoke about the committee hearings recently to NPR and noted some of the personnel moves that were made by the previous administration, especially after the election. This was troubling to the committee as experienced persons were dismissed and others with little expertise, especially in the defense department, were placed in positions of great authority. Some were known to be quite loyal to the then-president and would likely not question his demands.

Others have asked who funded all the buses and made hotel arrangements for the thousands who came to the protests in the months after the election and for the January 6^th rally. Open Secrets described many of the layers of funding and dark money that contributed to these events; other Trump-affiliated groups such as Women for America First, Rule of Law Trust, and Turning Point USA, also funded many events. Amy Kremer, a co-founder of Women for America First, and her daughter were scheduled to testify before the committee on October 29^th. Previously, she worked as a leader with the Tea Party Express. Several others who were paid by the former president’s political operation also helped organize the rally; the committee has also asked many to testify.

In the book, “I Alone Can Fix It” by Carol Leonnig and Phil Rucker of the Washington Post, report that the first impeachment emboldened the president. When he placed inexperienced people in the Pentagon, that lack of continuity actually delayed the deployment of the National Guard to the Capitol. These new people at the Pentagon did not understand the chain of command and military protocols. General Milley worried they would use the military after the election to enact a coup since the president could not accept his loss. The Pentagon officials finally released the Guard to defend the Capitol after a phone call with orders from Vice President Pence.

Just before the insurrection (on January third) a letter signed by 10 previous Secretaries of Defense warned the president to not involve the military to address his grievances over the election results. They also denounced comments made earlier by General Michael Flynn that the government should invoke martial law and demand that the election be rerun in battleground states.

These circumstances explain why the select committee wants to hear from Bannon, Flynn, Meadows, and others such as Kash Patel who was at the Pentagon, and Johnny McEntee, a 30-year-old director of presidential personnel, whom Jonathan Karl, writing in The Atlantic, describes as the “deputy president who made January 6^th possible”. According to Karl:

 “The director of presidential personnel is responsible for vetting and hiring everybody, including ambassadors, Cabinet secretaries, and top intelligence officials.” 

When a background check by the then chief of staff John Kelly revealed that McEntee, who in 2018 was serving as the “body man or personal aide” to the president, had many suspicious debts because of gambling, he fired him as a security risk, but after Kelly left, Johnny returned to the inner circle. According to the Atlantic, when administration officials were telling the president he had to accept the election results, McEntee was finding others who reinforced conspiracy theories. He was a true loyalist and when he became the director of presidential personnel, he forced others on the White House staff or elsewhere, whom he considered insufficiently loyal, to leave or had them fired.

The fact that this inexperienced zealot could have so much authority and be so close to the seat of power is, to me, scary. After you read the Atlantic article, I guess that you, like me, would feel some relief that we dodged a genuine threat to our democracy. News reports indicate the committee has received many of the requested documents from governmental departments and those interviewed. Over 100 interviews have been conducted so far. I hope these committee interviews and subpoenas will soon bring more information about some of these situations to light in open hearings.

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David Leonhardt writing in the New York Times this week noted that before the vaccine, deaths in red and blue states were roughly equivalent. After the vaccine, the statistics are starkly different:

“In October, 25 out of every 100,000 residents of heavily Trump counties died from Covid, more than three times higher than the rate in heavily Biden counties (7.8 per 100,000)."

He further notes that this is the fifth month in a row with such findings. Currently, 10% of Democrats are unvaccinated while 40% of Republicans are.

Maryland has started vaccinations for children in the elementary school age group; its total vaccination rate has ticked up to 67%.

Minnesota, North Dakota, and New Mexico show the highest numbers of new cases statistically this week, although Alaska remains high as well. The Surgeon General, Dr. Vivek Murthy, recently remarked that with still high numbers of unvaccinated Americans, a winter surge is expected in colder areas.

COVID stats: NYTimes:

US Totals: Total Cases: 47,036,751. New Cases: 80,885.

                   Total Deaths: 761,980. New Deaths: 1,133.

Maryland Totals: Total Cases: 571,857. New Cases: 792.

                            Total Deaths: 11,061. New Deaths: 12.

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NFL quarterback Aaron Rodgers continues to manufacture reasons they cannot vaccinate him after the league learned he was untruthful in claiming he was immunized by treatments his physician gave him. His recent positive COVID test ruled him out of eligibility to play until his quarantine was up. His team lost the game where he was absent. So much for team spirit!

On the National Zoo news, I just had to share a photo of twin golden-headed lion Tamarins born recently at the zoo. They are unique and you can see them here: Tamarins are native to Brazil and are considered endangered because of loss of habitat. They can weigh up to 24 ounces and, excluding their tail, adults can be about 12 inches long.

“Til next week-Peace!

Next Steps for Democrats?

 

November came in with cold weather and high winds and brought the first frosts to our area. The Democrats certainly felt those frosty breezes as they watched the election returns come in on Tuesday evening.

The "off-off-year" governors' races in Virginia and New Jersey were certainly not good news for Democrats. Republican Glenn Youngkin beat Democrat Terry McAuliffe by two percentage points with a 66,119-point difference. In New Jersey, the Democratic incumbent Phil Murphy beat challenger Jack Ciattarelli by 2.6 percentage points or about 60,000 votes. Ciattarelli has not yet conceded; Eric Trump claimed fraud even though there was no evidence to say so. Polls had shown Murphy ahead by as much as 8 points shortly before the election. There has been no explanation for the differences. The Virginia polls showed Youngkin pulling ahead just before election day, so were more accurate. Preliminary analyses for both states showed that rural voters and independents went for the Republican candidates while turnout for Democrats and younger voters was not as robust as it might have been. Does that mean Democrats were unenthusiastic or lazy and Republicans were eager to get back in charge? As it is early days, I do not believe that answer is clear cut.

538 seemed to feel that the shift in Virginia was among suburban non-college-educated voters and voters who were concerned about the economy and education. Disapproval of President Biden also drove some voters, although those who approved of the job he was doing also voted for McAuliffe overwhelmingly. Strangely, many voters who supported abortion rights also voted for Youngkin, even though he had announced he opposed such rights. The Democrats did not make these differences clear enough; it seems. Youngkin also kept the rural MAGA base, and, while he did not disavow the support of the former president, he did not campaign with him; he did, however, voice many of the same coded messages and race-baiting. In Virginia, Republicans swept all the higher offices and took control of the Virginia House, although Democrats hung on to keep the Senate.

Although many voters mentioned the economy, gains made by the Biden administration do not appear to have trickled down to the voters' minds. Recent unemployment is at 4.6, one of the lowest rates since before the pandemic, while they claim to have created over five million jobs. Wages are up 5.9% but gas prices have also risen, so maybe that increase is not realized by workers. Fears of inflation remain, supply chain concerns have not yet been resolved, so these are difficult fixes and not issues that can be discussed by a smart quip despite what politicians running for office might say. High taxes were prominent Republican issues in both states.

Republicans also did better than expected in local and state races in New Jersey. What does this mean for 2024? Traditionally, the party in power loses seats in the off-year races between presidential years. The website for 538 discusses next year's elections here:

They conclude with this statement:

"Nothing about 2022 is written in stone, and there's no guarantee that a red-wave election will come to fruition. But the historical expectation with a Democratic president has always been that Republicans would have a good election cycle, and the evidence for that is mounting. The Republican overperformance in the 2021 elections is simply a reminder of how bad things could get for Democrats."

So, are the Democrats reading these results and weeping or are they seeing them as a wake-up call for actions now to change the momentum? It certainly seems that running against the former president will not be a winning strategy for Democrats while Republicans have now road-tested their CRT and school bashing enough to see that they work. I think it might be time for the Democrats to toot their horns and showcase just how many changes have already taken place at their urging. Since the House passed the Infrastructure Bill after many delays this week and, in a compromise, agreed to vote on the Build Back Better proposal by November 15^th, there is potential for more positive change. No one knows exactly what will happen in the Senate with this bill, but the anticipation for approval is high. But any vote which depends upon the way the winds are blowing (as it so often seems with Senators Manchin and Sinema) cannot be considered a slam dunk. I will keep my fingers crossed, virtually, that this bill will become reality. Would I place money on this passage by the 15^th, were I a betting person? The simple answer is no.

If either bill had passed earlier, would that have helped the Democratic Governors in Virginia and New Jersey? The pundits say no, but I cannot help but think that might have helped the Presidents' approval ratings, which would then have given the campaigns a boost. Who really knows?

The Infrastructure Bill passed in the Senate with a bipartisan vote that included 19 Republican Senators. In the House, six progressive Democrats (known as the Squad) voted against it, claiming that they felt it was not strong enough environmentally. But, Despite Minority Leader McCarthys' opposition, thirteen House Republicans also supported it and cast their votes in favor. (Speaker Pelosi must have had these votes quietly in her pocket, so she was certain of the outcome!) Eight Republicans who were members of the Problem Solvers Caucus voted for it because they said these were programs needed by their states; they were joined by five others (including the oldest House member, Representative Young of Alaska) who also felt the needs of their states demanded this legislation. Young also noted that previously Infrastructure Bills would have had overwhelming support. So, Americans across the country can look forward to improved highways and bridges, repairs to aging water and sewer lines, increased rural broadband, and improved options for electric vehicles and school buses, to mention a few items on the 1.2 trillion-dollar lists. Hopefully, some of these are shovel-ready and can get going. In the real world, that should improve outlooks for Democrats, but probably we will see Republicans again take credit for improvements that they did not vote for!

Does this mean that the wall of partisanship is crumbling? I really doubt it, but I think maybe a crack or two might be formed as some members think back to why they ran for office early in their careers and bring to mind their past speeches about service to their constituents. Maybe, at one point, they ran for Congress to really make a difference, not just be in opposition?

After the votes, many in their own party castigated these Republicans, including outlier Representative Marjorie Taylor-Greene who accused them of "selling out to Joe Biden's communist takeover of America." She just cannot understand democracy, it seems.

Other important legislation remains to be addressed, as does the filibuster. While the filibuster has been around for over 100 years, in recent years, the use has been extreme and it prevented the Senate from functioning as an effective legislative body. It seems as if the only way that immigration reform and voting measures will get passed in the Senate is if they can set aside the filibuster momentarily to allow passage on a vote of a simple majority. Senator Manchin proposed a modified voting rights bill and claimed he could get bipartisan approval, but he could not. Again, this week, the John Lewis Voting Rights measure failed cloture and so did not even reach the floor for a discussion of its merits; Senator Lisa Murkowski of Alaska was the only Republican vote in favor.

President Biden attended the G20, met the Pope, and spoke at the United Nations Climate Change Conference (COP26) in Glasgow, Scotland, so he had a busy few days recently. Small island nations spoke of the dangers they are facing with rising seas and increasingly severe storms that threaten their very existence. Over 100,000 young people marched in Glasgow claiming that world leaders are not taking this issue seriously enough and are not changing behaviors rapidly enough to slow down the effects of rising atmospheric carbon and temperatures. They demanded that stronger measures be agreed upon by world leaders. The question remains-how close to the tipping point will we go before world behaviors change? I so do not have the answer to that query.

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Children in the US received the modified Pfizer Covid vaccination this week soon after the CDC allowed its use. According to the government, there are 28 million children in the eligible cohort. But, given all the issues with this vaccine, these kids also fall into the groups of "Oh yes, give it now, never, ever for my child, and maybe" by parental responses, so it may take a while before they vaccinate enough children to establish a significant number. They announced a second oral drug this week to treat COVID infections. However, it must be given soon after the patient is afflicted, which may reduce the use. Maryland vaccination rates remain steady at 66%; western MD is the current hot spot.

Sadly, the US passed the incredible number of 750,000 known deaths from COVID, one of the highest numbers in the world for a country–that number is greater than the entire population of Washington, DC. Accurate numbers for China, Russia, and India are unknown.

COVID stats NY Times:

US Totals: Total Cases: 46,449,331. Total New Cases: 72,051.

                  Total Deaths: 754,051. Total New Deaths: 1,217.

Maryland Totals: Total Cases: 566,313. New Cases: 687.

                            Total Deaths: 10,974. New Deaths: 11.

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OSHA finally released the rule to follow President Biden's workplace mandate requiring COVID vaccination or weekly testing at workplaces with over 100 employees. It was to start in January, but because of appeals from Texas (where else?) and some other Republican states to the 5^th Circuit, it has been stayed pending a hearing next week for the government to show cause for this effect on private businesses. Big corporations are mostly in favor of the mandate as it makes their workplaces safer if more employees are vaccinated. There is precedent for federally mandated vaccinations, so hopefully, the government will prevail.

"Til next week – Peace!

Build Back Better, Lite* (*Joe Manchin version 2.0)

 

As I write on this Sunday evening, it is Halloween, and trick or treaters are finding their way through our decorated neighborhoods. I am glad for them that this night of merriment has returned to normalcy despite the continued presence of COVID. Goodies are often being given out with a no-contact routine; one nearby family even rigged a chute from a second-story window to deliver candies when the ground-level lever was depressed. There is no shortage of American ingenuity, it seems!

The Congress, on the other hand, seems to have been captivated by gremlins; it cannot seem to fashion a bill to move President Bidens’ program to “Build Back Better (BBB)” into reality. Despite having set many schedules for a vote in the House, even the extraordinary skills of House Speaker Nancy Pelosi, and the entreaties of their very own President, the House Democrats, and the two recalcitrant Democratic Senators cannot seem to find common ground on a proposal that is overwhelmingly supported by Democrats and even most Americans. The bi-partisan infrastructure bill, passed months ago by the Senate has not yet had a vote in the House because the Progressives have said they would only vote for it when it was paired with the social spending issues laid out in the Presidents’ bill.

Senators Manchin and Sinema were on the bi-partisan committee that got the infrastructure Bill passed in the Senate. I think they thought they could point to this spending program and say–okay, over and done–we do not need to rush on the other soft programs. Manchin even proposed at one point putting discussion of the BBB off until next year. That delay is precisely why the Progressive Caucus has said “no” and causally linked the passage of the two pieces of legislation. Despite the president indicating he had the okay of the two senators and had seen a framework of the bill, few others had seen the actual wording of the proposals. Finally, on Friday, there was a draft copy of the legislation. It is well known that legislation is best made by compromising and trust on both sides. There appears to be little of that in evidence here. So, without seeing the final drafts, in what I mention below, I summarize best guesses from multiple sources about the draft.

Several provisions which the progressives held dear appear, according to several news reports, to no longer remain as part of the legislation. It is unclear how drug costs will be reduced, but they will still forbid Medicare from negotiating costs, it seems. There will be no free community college. Taxing the rich is apparently also out, which takes away the proposed funding mechanisms. So, Family and Medical Leave, which had first been proposed for twelve weeks, was reduced to four weeks, then cut altogether, if reports are correct. Manchin was said to oppose it because it did not contain a work requirement. That seems absurd–one cannot take leave from a job if there is no job! He also opposed innovations in alternative energy and reducing drug costs under Medicare and has not supported Senator Sanders’ ideas for Medicare expansion-added vision or dental benefits were not allowed-but hearing aids are in. He tried to cut back many of the climate change suggestions in the BBB.

On the positive side, expanded universal pre-K remains in, as does an immigration overhaul, funding for some clean energy programs and electric vehicles. Also, the child tax credit is extended for one more year (the original proposal was for ten years.) There are billions for energy tax credits and some affordable housing initiatives. There will be a minimum 15% tax on corporations and some stock transactions.

The Senator said that West Virginians dislike entitlement programs: “Last month, Manchin told reporters he cannot accept our economy, or basically our society, moving towards an entitlement mentality” and called for Democrats’ social welfare proposals to only benefit those in desperate need.”

He should look no further than his own state, which has dismal social problems and a floundering economic program.

According to the Kaiser Family Foundation report on West Virginia in 2017: 29% of the states’ population is on Medicaid, the highest in the nation. The per capita income is the second-lowest of the fifty states. The report indicates:
“West Virginia had the highest opioid death rate in the country in 2015 (36 deaths per 100,000 population). From 2013 to 2015, West Virginia’s opioid death rate grew by 29%. West Virginia also has the highest obesity rate in the country (71.1%)”

Statistica reports that 44% of the state’s population receives employer-based health insurance, and 19% of the population is on Medicare; besides the Medicaid numbers noted above, about 7% of the population is uninsured.

The state has a population of 1.792 million (2019) and has had 4,426 COVID deaths, with approximately 227.000 reported cases; the vaccination rate is 43% fully vaccinated. None of these are positive numbers as I read them.

The Senators’ estimated wealth is approximately five million dollars; he has investments in the coal industry among other businesses. His daughter Heather is CEO of Mylan pharmaceuticals and is also a millionaire; his son manages a coal-related business.

Arizona was one of the last states to accept Medicaid after it was initially introduced. It accepted the expanded Medicaid program under the ACA but imposed a work requirement. This requirement was removed by President Obama, reinstated by his successor, and removed again by the Biden administration and COVID legislation. As of mid-2018,1,688,791 Arizonans were covered by Medicaid and the CHIP programs. To date, there have been 1.17 million COVID cases in the state which has had 21,153 deaths. Arizona has a population of approximately 7.729 million residents and has a fully vaccinated rate of 53%.

So, as you can see here, two senators who fully represent fewer than ten million people are holding up or reducing legislation that could benefit the other 320 million people in this country. Neither of their states is wealthy, and both receive Federal benefits in excess of their contributions. According to Wallethub, both Arizona, #7, and West Virginia #5, appear in the top ten states most dependent upon the Federal Government. (Maryland is ranked 19^th.)

So, what has remained of the $6 trillion (Sanders) $3.9 trillion (Biden), spending bill? It is now much closer to Manchin’s $1.5 trillion demands, with maybe a $1.75 trillion compromise agreed to by the president. Now, the legislators have to get their heads together and breathe some life into what has become a severely truncated bill. Not only have these ruminations and non-negotiations hurt the president, but they are also said to be hurting Terry McAuliffe in the tight Virginia Governor’s race since it looks as if Democrats cannot deliver on promises made. The polls have the president’s approval rating also falling. To me, this all seems to move in slow motion with hopes by some that the longer it takes, the less it might cost!

The Virginia Governor’s race has the Republican candidate attacking the Pulitzer Prize-winning book “Beloved” by the renowned African American author Toni Morrison, who died in 2019. Her book, which discusses in detail the brutality of slavery, is not an easy read but many consider it an American classic. In this attack he gets to make many more cultural arguments–he attacks McAuliffe for vetoing a law which would have banned the book in schools, he scores points on banning books, and he also attacks a Black woman author and her descriptions of slavery–that part of history he also does not seem to want to be taught in schools. The polls currently consider this race too close to call with Youngkin said to be closing hard. I hope that the Democratic majority in Virginia turns out and makes a return cultural statement–that they do not choose to have a governor who is anti-abortion, anti-mask, tepid on vaccinations, who is pro-MAGA, and prefers to talk about critical race theory instead of the real problems such as housing, healthcare, and poverty which exist in the state. As some people say–book banning is the first step toward authoritarianism and restraining critical thinking is another. I have my fingers crossed on this race; I so do not want to see demagoguery win out.

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We expect that preliminary approval will be given for children 5-9 to receive two separate reduced doses of the Pfizer vaccine this week by CDC. Montgomery County dropped the indoor mask mandate for a few days because the incidence of recent cases was under the threshold established for several days; a couple of days later, the rule was reinstated as cases again rose. The Frederick County rate remains high. Such is the path of this virus–so frustrating. The US is reporting that 192 million people are fully vaccinated, but that is only a rate of 66%. Maryland remains at 66% fully vaccinated as well.

Total COVID Stats – NY Times

US Totals: Total Cases: 45,935,095. New Cases: 72,961.

                   Total Deaths: 745,535. New Deaths: 1346.

Maryland Totals: Total Cases: 561,501. New Cases: 741.

                               Total Deaths: 10,895. New Deaths: 13.

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This week the US Supreme Court will hear oral arguments about the Texas vigilante abortion law and the Alabama law which restricts abortions after 15 weeks. Expectations are that they will not outright ban abortions but may impose restrictions that will gradually erode rights American women have had for almost half a century. They will probably delay decisions in the Mississippi case, but one might be given in a timely fashion for the Texas case. Justice Thomas will finally get to hear another gun rights case as an appeal of personal carry regulations in the State of New York will be heard.

‘Til next week – Peace!