Why Attorney General Bill Barr is mad at Apple

“Forcing Apple to create a backdoor would perhaps make investigations easier and quicker for the FBI, but it’s not absolutely necessary to conduct investigations. The FBI didn’t say how it was able to gain access to the phones, but the agency clearly didn’t need Apple’s help to do so. This has been the case in past investigations as well. The Department of Justice is asking a company to change its business practices and create a vulnerability in millions of its customers’ devices for what amounts to a shortcut.”

Georgia Republicans cancel election for state Supreme Court, so governor can appoint a Republican

“The state of Georgia was supposed to hold an election Tuesday to fill a seat on the state Supreme Court. Justice Keith Blackwell, a Republican whose six-year term expires on the last day of this year, did not plan to run for reelection. The election, between former Democratic Rep. John Barrow and former Republican state lawmaker Beth Beskin, would determine who would fill Blackwell’s seat.
But then something weird happened: Georgia’s Republican Gov. Brian Kemp and the state’s Republican secretary of state, Brad Raffensperger, canceled Tuesday’s election. Instead, Kemp will appoint Blackwell’s successor, and that successor will serve for at least two years — ensuring the seat will remain in Republican hands.

On May 14, the state Supreme Court handed down a decision that effectively blessed this scheme to keep Blackwell’s seat in the GOP’s hands. The court’s decision in Barrow v. Raffensperger is unusual in many regards — among other things, six of the state’s regular Supreme Court justices recused from the case, and they were replaced by five lower court judges who sat temporarily on the state’s highest court. The court’s decision in Barrow turns upon poorly drafted language in the state constitution, which does suggest that Blackwell, Kemp, and Raffensperger’s scheme was legal.”

“In late February, just a few days before the deadline for candidates to file to run to replace Justice Blackwell was about to expire, Blackwell sent a letter to Kemp announcing that he intends to resign his seat, effective November 18. That means that Blackwell will leave office a few weeks before his term was set to expire on December 31.

Shortly after receiving this letter, Kemp formally accepted Blackwell’s future resignation. The governor then informed Raffensperger, the state’s chief elections officer, that he intended to fill Blackwell’s seat by gubernatorial appointment. In response, Raffensperger canceled the election to fill Blackwell’s seat, which was scheduled for May 19.

Both Democratic candidate Barrow and Republican candidate Beskin filed lawsuits seeking to reinstate the election, but these pleas were rejected by the state Supreme Court in a 6-2 vote.”

“an appointed justice may serve until January 1, 2023 — and longer, if that justice eventually wins the 2022 election. The new justice will also be able to run with all the advantages incumbency provides.”

“As a practical matter, this decision is likely to prove very easy for retiring justices to game if they belong to the same political party as the incumbent governor. Indeed, under the court’s decision in Barrow, Blackwell likely could have announced that he would resign effective December 30 — just one day before his term would have expired — and Kemp still would have gained the power to name Blackwell’s replacement.”

The president’s job is to manage risk. But Trump is the risk.

“the novel coronavirus came, and President Trump did nothing for week after week, month after month. We sit, still, in the void where a plan should be, forced to choose between endless lockdown and reckless reopening because the federal government has not charted a middle path. Instead, we wake to presidential tweets demanding the “liberation” of states, and laugh to keep from crying when the most powerful man in the world suggests we study the injection of disinfectants. Trump has let disaster metastasize into calamity. The feared collision of global crisis and presidential recklessness has come, and it is not close to over.”

“much of any presidency takes place in the murky realm of risk. Imagine that there are 10 horrible events that could befall the country in a president’s term, each with a 1 in 40 chance of happening. If a president acts in such a way that they all become much likelier — say, a 1 in 10 chance — he may never be blamed for it, because none of them may happen, or because the one that does falls during his successor’s term. But in taking calamity from reasonably unlikely to reasonably likely, he will have done the country terrible harm.
The logic works in reverse, too. A president who assiduously works to reduce risk may never be rewarded for their effort because the outcome will be a calamity that never occurred, a disaster we never felt. We punish only the most undeniable of failures and routinely miss the most profound successes.”

“Of late, I’ve been thinking back to 2017, when Trump began a war of tweets with North Korea, the world’s most irrational nuclear regime. “Just heard Foreign Minister of North Korea speak at U.N.,” Trump wrote. “If he echoes thoughts of Little Rocket Man, they won’t be around much longer!”
Trump’s behavior stunned even Republican allies. Sen. Bob Corker (R-TN), then the chair of the Foreign Relations Committee, warned that the president was treating his office like “a reality show” and setting the country “on the path to World War III.”

But World War III didn’t happen. Trump and Kim Jong Un deescalated. They met in person and sent each other what Trump later called “beautiful letters.” The fears of the moment dissolved. Those who warned of catastrophe were dismissed as alarmist. But were we alarmist? Or did Trump take the possibility of nuclear war from, say, 1 in 100 to 1 in 50?

Moments like this dot Trump’s presidency. His withdrawal from the Iran nuclear deal dissolved the only structure holding Iran back from the pursuit of nuclear weapons. What’s followed has been not just a rise in tensions but a rise in bloodshed, culminating with Trump’s decision to do what both President George W. Bush and President Barack Obama chose not to do and assassinate Iranian military leader Qassem Soleimani. The end of that story is as yet unwritten, but possibilities range from Trump’s gamble paying off to Iran triggering a nuclear arms race — and perhaps eventually nuclear war — in the Middle East.

Trump’s withdrawal from the Paris climate accord, alongside his routine dismissals of the NATO alliance, similarly force us to imagine the future probabilistically. In both cases, Trump says he is simply being a tough negotiator, forcing the better deals America deserves. In both cases, unimaginable calamity may — or may not — result. The verdict will not come by Election Day. We will have to judge the risks Trump has shunted onto future generations.

Of the many risks that Trump amplified through lack of preparation, reckless policymaking, or simple inattention, a pandemic is the one that came due while he was still president. But it is not the only one lurking, nor is it somehow a charm against other disasters befalling us. Moreover, the coronavirus itself raises the risk of geopolitical crises, of financial crises, of disasters both expected and unexpected, manifesting.

Trump, in his daily rhetoric and erratic mismanagement, is placing big, dangerous bets, but he will not cover the losses if they go wrong: It’s America, and perhaps the world, that will pay, in both lives and money.”

“Former New Jersey Gov. Chris Christie, who originally ran Trump’s transition team, relayed to Lewis a telling comment Trump made about the pre-administration planning, which he considered a waste of time. “Chris,” he said, “you and I are so smart that we can leave the victory party two hours early and do the transition ourselves.”

Each day, the president of the United States receives the President’s Daily Brief: a classified report prepared by US intelligence agencies warning of gathering threats around the globe. US intelligence agencies warned Trump of the dangers of the novel coronavirus in more than a dozen of these briefings in January and February. But Trump “routinely skips reading the PDB and has at times shown little patience for even the oral summary he takes two or three times per week,” reported the Post.

Two problems build amid this kind of executive impatience. First, the president is unaware of the nation’s constantly evolving risk structure. Second, the bureaucracy he, in theory, manages receives the constant message that the president doesn’t want to be bothered with bad news and does not value the parts of the government that produce it, nor the people who force him to face it.

It is, in fact, worse than that. “The way to keep your job is to out-loyal everyone else, which means you have to tolerate quackery,” Anthony Scaramucci, who served (very) briefly as White House head of communications, told the Financial Times. “You have to flatter him in public and flatter him in private. Above all, you must never make him feel ignorant.”

In March, speaking at the Centers for Disease Control and Prevention headquarters, Trump unintentionally revealed how much time his underlings spend praising him, and how fully he absorbs their compliments. “Every one of these doctors said, ‘How do you know so much about this?’” Trump boasted. “Maybe I have a natural ability. Maybe I should have done that instead of running for president.””

” “When the president stands on top of a table and says, ‘This is super important, super urgent, everyone must do this,’ the government works moderately effectively,” Ron Klain, who managed the Obama administration’s Ebola response, told me. “That’s the best case. When the president is standing up and saying, ‘I don’t want to hear about it, I don’t want to know about it, this doesn’t really exist,’ well, then you’re definitely not going to get effective work from the government.””

“we conflate the unlikely and the impossible. This pandemic, if nothing else, should shatter that conflation. It is hard to pretend the worst can’t happen when you haven’t been able to enter a store or see your parents for six weeks. And let’s be clear: coronavirus is not the worst that can happen. The H5N1 virus, for instance, has a mortality rate of 60 percent, and scientists have proven that it can mutate to become “as easily transmissible as the seasonal flu.”

Even scarier is the possibility of human-engineered pandemics. As bad as the coronavirus is, Bill Gates told me, “it’s not anywhere near bioterrorism — smallpox or another pathogen that was intentionally picked for a high fatality rate as well as delayed symptoms and a high infectious rate.”

We play for the highest of stakes. We must do what we can to improve our odds.”

“No one bears a heavier burden in that respect than the US president. But Trump is reckless with his charge. That reflects, perhaps, his own life experience. He has taken tremendous risks, and if they have led him to the edge of ignominy and bankruptcy, they have also led him to the presidency.

But he has always played with other people’s money and other people’s lives. “The president was probably in a position to make riskier decisions in life because he was fabulously rich from birth,” says Murphy. “But it’s also true he has had a reputation for risk not backed up by reality. His name is on properties he doesn’t own. We think of him as taking risk in professional life, but a lot of what he does is lend his name to buildings with risks taken by others. He’s built an image as a risk taker, but it’s not clear how much risk he’s taken.”

In electing him president, however, we have taken a tremendous risk, and it isn’t paying off.”

Trump says he’s taking hydroxychloroquine

“On Monday afternoon, President Trump told the press that he’s taking a drug called hydroxychloroquine as a preventative to ward off the coronavirus — a practice for which there is no evidence and that could, in theory, have negative side effects as serious as hallucinations and heart failure.
“I take it,” Trump said. “So far, I seem to be okay.”

Hydroxychloroquine is an anti-malarial drug that a non-randomized study from a French lab, publicized in March, initially suggested could be used as a treatment in fighting the coronavirus. In March, Trump frequently touted the drug, calling it “one of the biggest game changers in the history of medicine.” But further studies have concluded that it is not effective in many cases and should not be routinely used to treat patients.

Trump seems to be taking it not as a treatment for Covid-19 — he’s apparently tested negative — but as a preventive measure to protect himself from contracting it. There’s no medical evidence supporting the idea that this would work, and the risk of potential psychiatric and cardiac side effects, which are serious, would likely strongly outweigh any (hypothetical) benefits.

Nevertheless, Trump claims to be taking the drug anyway.”

“On the one hand, if Trump — a notorious liar — is telling the truth about taking the drug, it’s certainly newsworthy that the president is taking a dangerous medication for no good reason. It would not only speak to his judgment and fitness for office but also suggest a risk to his health and mental competence.

On the other hand, Trump may be trying to goad the media into getting bogged down in an issue that’s less important than the actual outbreak and Trump’s failed response to it. At the press conference, he told reporters, “I was just waiting for your eyes to light up when I said this, when I announced this,” indicating he’s perfectly aware that he’s starting a controversy.”

Why meatpacking plants have become coronavirus hot spots

“The working conditions in meatpacking plants create a perfect storm for coronavirus transmission. Workers are unable to maintain the recommended 6 feet of distance on the processing floor, and they breathe heavily while hauling cuts of meat, possibly spreading virus particles in the cold air.
Companies that own these plants have sought to implement temperature checks and social distancing measures in common spaces outside the processing floor, as well as administer additional protective equipment. But it’s also possible that the virus is spreading outside the plants themselves, as low-wage, mostly immigrant workers live in crowded conditions and commute via public transit.

Consumers are seeing the effects at the grocery store and fast food restaurants. Meat and pork prices have jumped at least 3 percent. And while America isn’t at risk of running out of food generally, there have been spot shortages of meat such that some retailers, including Costco and Kroger, have started limiting the number of meat items that customers can purchase.”

“The phenomenon isn’t isolated to the US: There have been coronavirus outbreaks at meatpacking plants worldwide, including Canada, Spain, Ireland, Brazil, and Australia. Clearly, there is something inherent to the meatpacking industry that has made it a breeding ground for the coronavirus.”

Lockdowns worked. Now what?

“Flattening the curve through social distancing has worked in restraining Covid-19’s growth, according to new research published in Health Affairs.”

“The goal of flattening the curve was to prevent local health systems from becoming overwhelmed, which could have led to even higher fatalities than the US has already seen (about 90,000, as of Monday morning). Even New York City, the hardest-hit place in the country, has not seen its hospitals overrun in any kind of systemic way.
Take together the reduced spread through social distancing and the medical system being able to meet the Covid-19 need, and there is solid evidence that flattening the curve has worked.”

““In principle, the measures also bought time to develop a more effective testing and contact tracing infrastructure, although we will see whether that actually has been achieved as states start to reopen.””

Trump White House Changes Its Story on Michael Flynn

“After announcing that the Justice Department was dropping the criminal case against Michael T. Flynn, the former national security adviser, Attorney General William P. Barr was presented with a crucial question: Was Mr. Flynn guilty of lying to the F.B.I. about the nature of phone calls he had with the Russian ambassador to the United States?

After all, Mr. Flynn had twice pleaded guilty to lying about them.

“Well, you know, people sometimes plead to things that turn out not to be crimes,” Mr. Barr said in an interview with CBS News. Then he went even further and described the infamous calls during the Trump presidential transition as “laudable.”

Mr. Trump and his allies now accuse the F.B.I. of framing Mr. Flynn, which is part of the president’s broader campaign to tarnish the Russia investigation and settle scores against perceived enemies ahead of the November election.

Their revisionist narrative is in stark contrast to the view held three years ago not only by top F.B.I. management but also by senior White House officials. Mr. Flynn, the officials said then, had lied to Vice President Mike Pence and other aides about the nature of his calls to the ambassador, had lied repeatedly to F.B.I. agents about the calls, and might have made himself vulnerable to Russian blackmail.”

How “truth decay” is harming America’s coronavirus recovery

“Truth decay encompasses four trends, each of which is relevant to what we’re experiencing now.
The first is increasing disagreement about facts and data. An example in this context would be the disagreement about the safety of vaccines and whether people will take them once they’re made and distributed.

The second trend is the increased blurring of the line between fact and opinion. This is caused a lot by commentary in cable news or social media, places where facts and opinion are mixed together and make it really hard to determine what’s real and what’s someone’s opinion or analysis.

The third trend is the increasing volume of opinion compared to fact. You’re just seeing a lot more opinion out there. If you’re looking for facts, you have to work pretty hard to dig through all that commentary before you can actually find the raw facts you might be looking for.

Finally, declining trust in key institutions that provide information. We’re experiencing this now with the government and the media.

Put together, people are not sure what’s true what’s not, and they don’t even really know where to turn to find factual information they’re looking for.”

“Dr. Anthony Fauci, for example, seems to be the guy providing the media and the public with the necessary facts about the coronavirus right now. But because the president undercuts him and disagrees with a lot of what he says, he’s become somewhat of a polarizing figure. If you’re a Trump fan, you might not be a Fauci fan, and vice versa.

At such a crucial time, how is the expertise of someone like Fauci or other public health experts not innately trusted?”

“people like to confirm their own beliefs. They don’t necessarily want to hear information that disagrees with their views, and it leads people to reject information from experts that doesn’t fit their narrative.”

“I’m skeptical this moment will lead to only facts coming from the top and an extra effort from the bottom to seek facts. Tens of thousands of Americans have died, millions have fallen ill, and yet there doesn’t seem to be a change. The US isn’t rising to the moment.”

“this is a national failure because it prevents us from making progress on the big issues that our country needs to confront if we want to continue being a prosperous nation and maintain the position we have in the world.”

United Airlines Received $5 Billion From Taxpayers to Protect Employees’ Paychecks. Now It’s Cutting Hours for 15,000 Workers.

“United Airlines would be cutting 15,000 airport staff and baggage handlers’ hours from 40 to 30 a week, converting them from full- to part-time status. The announcement came after a grim earnings report showing the company had suffered a net loss of $1.7 billion in the first quarter of this year.

United has also received $5 billion from the U.S. Treasury through the Coronavirus Aid, Relief, and Economic Security (CARES) Act’s Payroll Support Program, including a $3.5 billion grant and another $1.5 billion loan. The company has also applied for another federal loan made possible by the CARES Act. ”

“The CARES Act overall included $50 billion in support, split evenly between loans and grants, for passenger airlines. A condition of accepting this federal support—and indeed the stated purpose of this support—was that the airlines retain staff at the same pay rates.
The quickly passed law, however, does not specify anything about minimum hours or income, allowing airlines to cut hours while still ostensibly complying with the letter of the law.”

“The cuts initiated by United are also a good example of the contradictory conditions placed on airline bailout funds. These companies were required to not furlough staff during a time of near-zero demand for air travel. At the same time, the CARES Act also requires these airlines to keep performing a minimum number of flights to destinations they served prior to March 1, 2020. The Department of Transportation is responsible for setting these minimum service requirements.
The result has been airlines burning fuel and cash putting nearly empty planes in the air just so they can access federal support.”