Tuesday, May 5, 2020

"They were playing Rambo. They were playing hero."

Said Venezuelan President Maduro, quoted in "Venezuela detains two Americans allegedly involved in failed raid to remove Maduro/President Nicolas Maduro claims men were among 13 ‘terrorists’ involved in plot to enter country via the coast and oust him" (The Guardian).

"Fat cells produce large amounts of a protein used by the coronavirus to infiltrate human cells, researchers have warned..."

"... pointing to a potential explanation for why obese people are more severely affected....  Fat cells in obese or diabetic patients produce higher amounts of angiotensin-converting enzyme 2 (Ace2) than those in other people. It is the protein that the coronavirus binds to in the bodies of infected people, they said.... [F]at might therefore 'serve as a viral reservoir.'"

The London Times reports on a study published in the journal Obesity.

"26% of Democrats, including 40% of those under the age of 45, said the party should select a different nominee."

"The party’s younger voters and women are less likely to view Biden’s denial as credible than older or male Democrats. 38% of all voters say elected officials should resign when facing credible accusations of sexual misconduct, down 18 points since late 2017."

The Morning Consult reports on its new poll.

"President Trump said on Tuesday that the White House’s coronavirus task force would be shut down and replaced with 'something in a different form'..."

"... as the country moved into what he called Phase 2 of a response to a pandemic that has killed nearly 70,000 Americans. 'We will have something in a different form,' Mr. Trump told reporters as he toured a Honeywell mask manufacturing plant in Arizona, where he wore safety goggles but no mask... 'I think we are looking at Phase 2, and we’re looking at other phases,' Mr. Trump said after he was asked whether it was a good idea to shut down the task force while the virus was still spreading through the country. He said that Dr. Deborah L. Birx, the virus response coordinator for the task force, and other top public officials would still be involved in the efforts to address the pandemic after the task force disbanded. 'They will be, and so will other doctors, and so will other experts in the field,' he said, adding, 'We are bringing our country back.'... The task force’s demise would only intensify questions about whether the administration is adequately organized to address the complex, life-or-death decisions related to the virus and give adequate voice to scientists and public health experts in making policy.... It was not clear exactly what might replace the task force. A group led by Jared Kushner, Mr. Trump’s son-in-law and senior adviser, has been functioning as something of a shadow task force. That group is likely to continue working..."

The NYT reports.

"A Wisconsin Supreme Court justice on Tuesday invoked the internment of Japanese-Americans during World War II during oral arguments for a challenge to the state's controversial stay-at-home order...."

"The Wisconsin Legislature filed a lawsuit last month in an attempt to reopen the state and block the extension of the stay-at-home order issued by state health officials to slow the spread of the coronavirus. 'I'll direct your attention to another time in history, in the Korematsu decision, where the [U.S. Supreme Court] said the need for action was great and time was short and that justified, and I'm quoting, 'assembling together and placing under guard all those of Japanese ancestry' in assembly centers during World War II,' said [Justice Rebecca] Bradley.... 'Could the [Department of Health Services] secretary under this broad delegation of legislative power or legislative-like power order people out of their homes into centers where are they are properly social distanced in order to combat the pandemic?... The point of my question is what are the limits, constitutional or statutory? There have to be some, don't there, counsel?... My question for you is where in the Constitution did the people of Wisconsin confer authority on a single unelected Cabinet secretary to compel almost six million people to stay at home and close their businesses and face imprisonment if they don't comply with no input from the legislature without the consent of the people? Isn't it the very definition of tyranny for one person to order people to be imprisoned for going to work?'"

CNN reports.

MEANWHILE: A Southern District of New York judge un-cancelled the New York primary, the NYT reports. Democratic members of the State’s Board of Elections made the decision to cancel the primary, and the challenge was brought by Bernie Sanders and Andrew Yang.
“If all but one of the presidential candidates are removed from the ballot and the primary is not held, Delegate Plaintiffs will be deprived of the opportunity to compete for delegate slots and shape the course of events at the Convention, and voters will lose the chance to express their support for delegates who share their views, [U.S. District Judge Analisa Torres wrote]. “The loss of these First Amendment rights is a heavy hardship."
Torres was appointed by Obama.

"The judiciary is right to take seriously allegations that sitting judges are gaming their retirements at the request of politicians"

"Mitch McConnell has been clear that his top priority is packing the courts with the judges his right-wing donors want, and that he’s actively pushing judges to retire. A judge would undermine the credibility of the bench by participating in that partisan gamesmanship."

Said Democratic Senator Sheldon Whitehouse, quoted in "Appeals Court Vacancy Is Under Scrutiny Ahead of Contested Confirmation Hearing/The chief judge of the U.S. Court of Appeals for the District of Columbia Circuit publicly advanced a call by a progressive group for an ethics investigation into the circumstances of a plum vacancy" (NYT).

Was McConnell "actively pushing judges to retire"? There's a link to this NYT article from March 16th: "McConnell Has a Request for Veteran Federal Judges: Please Quit/The Senate majority leader has encouraged judges thinking about stepping down to do so soon to ensure that Republicans confirm their replacements this year." But there are no quotes from McConnell, just material like this:
Running out of federal court vacancies to fill, Senate Republicans have been quietly making overtures to sitting Republican-nominated judges who are eligible to retire to urge them to step aside so they can be replaced while the party still holds the Senate and the White House. Senator Mitch McConnell... has been personally reaching out to judges to sound them out on their plans and assure them that they would have a worthy successor if they gave up their seats soon, according to multiple people with knowledge of his actions. It was not known how many judges were contacted or which of them Mr. McConnell had spoken to directly....
I wouldn't call that "actively pushing judges to retire." And how could McConnell or anybody else "actively push" a federal judge to retire? By speaking in an especially pushy way? That wouldn't work! Is it unethical to tell a federal judge that you'll be able to expedite the confirmation of his successor? That seems to be what's going on here. McConnell's assurance that the vacancy will be quickly filled may tip the decisionmaking of a judge who doesn't want to create a vacancy that will still be around if Trump loses the election and/or the Senate majority shifts. That's not "actively pushing judges to retire." That's actively removing an obstacle in front of a judge who wants to retire.

When Jake Tapper asked Michigan Governor Gretchen Whitmer to explain her belief in Christine Blasey Ford and not Tara Reade...

... she really got desperate. Let's look at the transcript from last Sunday's "State of the Union." Tapper asks a completely fair and well-stated question:
TAPPER:  You have said that you believe Vice President Biden. I want to compare that to 2018, when you said you believed Dr. Christine Blasey Ford after she accused now Justice Brett Kavanaugh of assault. Kavanaugh also, like Biden, categorically denied that accusation. And Blasey Ford, to be honest, she did not have the contemporaneous accounts of her view of what happened that Tara Reade does. You have spoken movingly about how you're a survivor — survivor of assault yourself. Why do you believe Biden, and not Kavanaugh? Are they not both entitled to the same presumption of innocence, regardless of their political views?

WHITMER: You know, Jake, as a survivor and as a feminist, I will say this. We need to give people an opportunity to tell their story. But then we have a duty to vet it. And just because you're a survivor doesn't mean that every claim is equal. It means we give them the ability to make their case, and the other side as well, and then to make a judgment that is informed. I have read a lot about this current allegation. I know Joe Biden, and I have watched his defense. And there's not a pattern that goes into this. And I think that, for these reasons, I'm very comfortable that Joe Biden is who he says he is. He's — and you know what? And that's all I'm going to say about it. I really resent the fact that, every time a case comes up, all of us survivors have to weigh in. It is reopening wounds. And it is — take us at our word, ask us for our opinion, and let's move on.
Let's move on?! The question does ask her to answer as a survivor, and she began her answer "as a survivor and as a feminist." She didn't object to being asked as a survivor until after she'd answered, though she did begin by expanding her status from "survivor" to "survivor and... feminist."

But after quickly answering, she registered her objection: She resents that her survivor status makes her a target of questions about sex assaults. It reopens the old wound. But she does want to be asked. She wants to get the question, to answer it quickly, and to be believed as a commentator on the things that happened to other people: "take us at our word, ask us for our opinion, and let's move on."

I certainly believe it's her opinion that Kavanaugh did what Blasey Ford said he did and Biden did not do what Tara Reade said he did, but why is that her opinion? Is it only because of what political side Whitmer is on? If so, I can understand telling us to move on. Don't look too closely at that.

Notice how Whitmer stopped herself in the middle of her explanation of why Biden's denial is more believable than Kavanaugh's: "I'm very comfortable that Joe Biden is who he says he is. He's — and you know what?" She decided not to go on about her reason why but to switch to attacking Tapper for asking the question. You know what? I resent the question! Let's move on!

That seems to give the game away. Her reason was that she's on Biden's side. It's like the way Bill Clinton was treated back in the 90s — complete with the old "move on" catchphrase.

Tapper defended himself:
TAPPER: Well, just for the record, the reason I'm asking you is because you're the only Democrat on the show today, not because you're a survivor, and not because you're a woman. But thank you so much for your time. I want to...
Well, he did present her survivor status as a basis for authority on whom to believe. He said "You have spoken movingly about how you're a survivor... of assault yourself: Why do you believe Biden."  She may have been "the only Democrat on the show today," but why was she  the only Democrat on the show today? Looking at the whole transcript, I think it was because of the protests against the lockdown in Michigan. I can see how maybe she felt ambushed by that extra question.

She responded to his self-defense:
WHITMER: Yes. No, and it's not a criticism of you, Jake. It's not a criticism of you. You're doing your job, and I appreciate that. I'm just sharing, I think, some of the simmering anger that we survivors have every time that we have got to confront this from someone else's behavior that we weren't a party to, that we weren't even a part of the reality in the moment. What I think is this. We owe it to every woman who has a story to listen to that story, and then to vet that story, ask the questions and be critical thinkers, and then make a judgment, based on all of those pieces. I have done that in this instance. And I will tell you this. I don't believe that it's consistent with the Joe Biden that I know. And I do believe Joe, and I support Joe Biden.
There is no further question, but here are the questions I would ask:

Does it all depend on who you know? If someone you know is accused, you disbelieve the accuser, but if someone you don't know is accused, you believe the accuser? Or does that depend on whether you like that person you know or the person you don't know? Seriously, what is the rule going forward as these accusations arise — especially in the context of a nomination for a high office, where there is the temptation to try to find a shortcut to bring someone down? We can't make it easier and easier to destroy a candidate, and it can't work — it shouldn't work — to stand up for the candidates we support and to participate in the destruction of the candidates we oppose, so don't you need to reexamine your position on Brett Kavanaugh if you want fair-minded people to accept your vouching for Joe Biden? You say we need to listen to every story, vet that story, and be critical thinkers, but where is the critical thinking in your distinction between Brett Kavanaugh and Joe Biden?

ADDED: Rereading this post, I noticed a point where Whitmer deviated from supporting Biden and said something that I think is properly respectful of the problem of due process to the accused. In her response to Tapper's self-defensiveness, after she rejected the idea that she was criticizing him, Whitmer talked about the "simmering anger" that survivors feel as they are called upon to look at the evidence and weigh in on whether the accused is guilty or innocent. She doesn't like having "to confront this from someone else's behavior that we weren't a party to, that we weren't even a part of the reality in the moment."

I'm not sure exactly what that meant. Maybe it's the idea of reopening the wound. To judge what happened you have to hear the evidence and imagine the entire scene, the events, and put yourself inside of it and to use your own personal experience to form a belief about whether it is true. That's a painful ordeal, and those who impose it on the survivor ought to be more aware of what they are doing.

Maybe it's the idea that fact-finding is truly difficult. It's difficult in a courtroom trial, with all of the safeguards of cross-examining witnesses under oath and a judge excluding improper evidence and meticulously instructing a sworn-in jury about the legal standards. And it's all the more difficult when we've got allegations passed along in newspaper articles and amplified by political partisans. Whitmer may have been saying — just in that one sentence — that she is in no position to give the accused the due process he deserves.