The Trump Administration Is Still Charging 25 Percent Tariffs on Disinfectants Used To Combat COVID-19

“President Donald Trump’s tariffs are crimping supply chains for chemicals used to manufacture disinfectants and cleaning products—items that are needed to combat COVID-19 and that will be in even higher demand as the economy reopens.

In a letter sent last week to U.S. Trade Representative Robert Lighthizer, the American Chemistry Council, an industry group, highlighted dozens of items that are subject to the Trump administration’s tariffs. The list sent to Lighthizer includes various chemical building blocks used to manufacture everything from soap to detergent, and surface cleaners to bleach.”

“The Trump administration took action in March to exempt medical equipment—including face masks and personal protective equipment (PPE)—from its tariff regime. But those exclusions did not apply to chemicals, like isopropyl alcohol and the dozens of other items on the council’s list that are not strictly defined as medical equipment but remain crucial to many products used by health care workers.

Trump’s tariffs are also affecting companies that need to purchase disinfectant wipes and other cleaning products. “According to the CDC guidelines…to prevent the spread of COVID-19 it recommends the use of EPA approved disinfectant wipes,” wrote Daniel Marquardt, principal owner of Hilo Industries LLC, a Virginia-based construction contractor, in a tariff exemption request filed last month. Hilo, like many other businesses across the country, needs to import tubs of disinfectant wipes that will be “used by our customers, employees, and their customers to enable them to work and patronize safely to help combat and control COVID-19,” Marquardt wrote.

But the tariff exemption process is opaque and slow—far from the ideal way to relieve the stress tariffs are causing. Sens. Tom Carper (D–Del.) and Pat Toomey (R–Pa.) have urged the Trump administration to move more quickly and issue more tariff exemptions in order to speed the response to the pandemic, but White House trade adviser Peter Navarro has laughed off those concerns as “fake news.””

“the tariffs are making it more expensive for American businesses to make those purchases, and therefore leaving them unable to purchase as much as they might otherwise choose. Much of the Trump administration’s trade war has been a real-life lesson in what economists call a “deadweight loss”—that is, a market inefficiency that creates losses for some participants but no gains for anyone else—but rarely does it appear this obvious.”

“The Trump administration has delayed tariff payments for three months as a way to boost liquidy for American importers, but that’s little help over the long term. Tariffs on products that are necessary components of disinfectants will only make it more difficult to achieve the reopening that Trump desperately seeks.”

Plastic Bag Bans Do More Harm Than Good

“suddenly, politicians are canceling their bans. Instead, they’re banning the once praised reusable bags.
It’s because of COVID-19, of course.

Reusable bags already brought bacteria into stores. We’re supposed to wash them, but almost no one does. Studies found reusable bags crawling with dangerous bacteria. After plastic bags were banned in San Francisco, food poisoning deaths increased sharply.”

“People think America is running out of room for landfills, but that’s not true.

“All America’s trash for the next century would fit in one landfill just 18 miles square,” says environmental economist Ross McKitrick. Landfills take up so little space that “if you look the air you wouldn’t even be able to see where landfills are.”

And modern landfills hardly pollute. They’re surrounded by layers of clay and plastic that keep nasty stuff in the garbage from leaking out.

But what about all that plastic in the ocean?

Plastic bags are sometimes eaten by animals. Some sea turtles mistake the bags for jellyfish and then starve. Islands of floating garbage have formed in the Pacific Ocean.

Green groups have convinced Americans that we are to blame.

But we aren’t! Even if you litter—and today, fewer Americans do—your litter is unlikely to end up in an ocean.

Almost all the plastic in oceans comes from Asia and Africa. Less than 1 percent comes from North America.”

The Coronavirus Butterfly Effect

“When you think of the U.S. manufacturing sector, you likely think of General Motors and U.S. Steel, faceless megaliths with armies of disciplined workers. But it’s more like Yellowstone National Park, an intricate ecosystem of small and specialized players, their fates closely intertwined. “If you look at anyone who is a node in a supply chain—a manufacturer, or sub-manufacturer, or raw materials extractor—each of those entities may be partnering with many different customers, as well as many different sub-suppliers beneath them,” says Karen Donohue, an expert on supply chains at the University of Minnesota’s Carlson School of Management. “Their solvency is potentially dependent on the weakest link in both of those networks. And that’s what makes prediction difficult.” A 2018 survey by the consultancy Deloitte found that 65 percent of more than 500 procurement leaders from 39 countries had a hazy view, at best, of their supply chains beyond their most important suppliers.”

“Professional Instruments’ primary customer is a small company in New Hampshire whose ultraprecision machine tools are crucial for manufacturing in the medical device, defense, consumer electronics, and automotive fields. “It’s almost impossible for someone to anticipate the knock-on effects of some businesses being closed down because they’re deemed nonessential, because they’re suppliers for companies that are deemed essential,” says the company’s recently retired former CEO, who requested anonymity to discuss sensitive business matters. “You build a quarter-million-dollar machine, but if you can’t get one $150 component off the shelf, you can’t put it into production.””

“Zoom out further, and the pandemic’s global nature becomes palpable. The future of the New Hampshire company is also uncertain, thanks in part to closures abroad. It has representatives in several countries (including South Korea, Japan, and Taiwan, all of which have implemented lockdown measures) and customers in many more. “Representatives might need to come from the U.S. to help install the machines,” says the former CEO. “But with global travel being affected, how are you going to get that equipment installed? You still need those people to travel. These machines don’t install themselves.” In March the company opened a training center in China, but “whether that center will be utilized for some time remains to be seen.””

Education Secretary Betsy DeVos Issues New Title IX Rules To Protect Free Speech, Due Process for Accused Students

“The new rules aim to protect victims of sexual misconduct while also establishing fairer procedures for the accused. The department believes the new rules will “balance the scales of justice on campuses across America,” a Department of Education spokesperson said during today’s press briefing.”

“Most notably, the government has abolished the single-investigator model, which previously permitted a sole university official to investigate an accusation of misconduct, decide which evidence to consider, and produce a report recommending an outcome. Under the new rules, the final decision maker must be a different person than the investigator, and a finding of responsibility can only be rendered after a hearing in which a representative for the accused is able to pose questions to the accuser—i.e., cross-examination.
Importantly, the new rules narrow the scope of actionable sexual harassment to exclude conduct that ought to be protected under the First Amendment. Obama-era guidance had defined sexual harassment as “any unwelcome conduct of a sexual nature.” The new rules keep this definition but add that the conduct must be offensive to a reasonable person, severe, and pervasive. In practice, this should mean that schools will no longer initiate Title IX investigations that impugn free speech.”

“The new rules will also end the pernicious practice of universities initiating Title IX investigations in cases where the alleged victims are not interested in this course of action.. a formal complaint that results in adjudication can only be initiated by the victim or their parents/legal guardians.”

Eisenhower’s Military-Industrial Complex Speech in the Age of Coronavirus

“In his 1961 farewell address, President Dwight D. Eisenhower warned against federal overreach during times of national crises.

“Whether foreign or domestic, great or small, there is a recurring temptation to feel that some spectacular and costly action could become the miraculous solution to all current difficulties,” he said.”

Immigrants Have a Right to Privacy Too

“The Trump administration has started forcibly collecting DNA samples from immigrants in detention and sending that information to an FBI criminal database called the Combined DNA Index System (CODIS) for permanent storage. Officials say this is a crime-fighting move. In reality, it is mass surveillance.
In 2005, Congress passed the DNA Fingerprint Act, requiring genetic testing of anyone arrested for a federal crime, regardless of whether they’re eventually charged and convicted. The Supreme Court approved this gross invasion of individual privacy in Maryland v. King (2013), ruling 5–4 that the law did not violate constitutional protections against illegal searches and seizures because the original arrest had required probable cause.

The DNA Fingerprint Act gave the Department of Homeland Security (DHS) latitude to exempt noncitizens from being sampled. There’s a very good reason for that: The vast majority of these folks are detained not because they have committed serious crimes with actual victims but because a harsh Clinton-era enforcement law vastly increased detentions for nonviolent immigration-related offenses. The Obama administration used this latitude to exempt immigrants from DNA sampling unless they were charged with another crime or were awaiting deportation proceedings. DHS Secretary Janet Napolitano pointed out at the time that taking DNA from the 30,000 immigrants who were then detained would pose “severe organizational, resource and financial challenges”—not to mention distract from actual crime-fighting.

The detained population has grown larger still, yet the Trump administration is arguing that these logistical concerns are outdated because the collection of DNA samples has become easier and cheaper. Customs and Border Patrol has gone ahead and launched pilot programs at several immigration centers around the country. Government estimates suggest that once the program is fully implemented, such centers will be sending 748,000 DNA profiles to CODIS every year. That’s more than the entire state of New York has contributed in more than 20 years”

What You Need to Know About the New Title IX Regulations

“The new regulations address two broad categories of institutional obligations. The first is jurisdictional: When does a university have a responsibility, under Title IX, to take action? The second is substantive: When a university does take action, what must it do?
In terms of when a university must take action, the new regulations use a speech-protective definition of sexual harassment that mirrors the definition established by the Supreme Court in Davis v. Monroe County Board of Education (1999). Under the new rules, hostile environment sexual harassment is defined as “unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity.” This is a critically important provision because the previous administration had employed an overly broad definition—”any unwelcome conduct of a sexual nature”—that led students and faculty to be punished for speech and expression protected by the First Amendment. The regulations also make clear that Title IX prohibits physical sexual misconduct such as sexual assault, dating violence, domestic violence, and stalking.

The new regulations also make clear that universities must respond to any sexual harassment that takes place “in the school’s education program or activity.” This includes not only incidents that occur on school grounds, but also incidents that occur in contexts where the university has “substantial control,” including in buildings owned or controlled by recognized student organizations (such as fraternity houses.)

The regulations also contain a lot of information about how schools must conduct their Title IX grievance procedures. While Title IX has long required a “prompt and equitable” process, colleges’ handling of these cases in recent years has been anything but equitable. Ever since the 2011 Title IX Dear Colleague letter—which eliminated important procedural protections for the accused and ushered in an era of aggressive federal investigations that led schools to abandon even more due process protections—students have been forced to defend themselves in biased, inquisitorial proceedings, often with little to no information about what they allegedly did wrong.”

Justice Department Moves To Dismiss Charges Against Michael Flynn

“The motion is 20 pages long and operates on a complex argument that, among other things, Flynn’s lie was not a crime because the Justice Department has determined that the counterintelligence investigation against Flynn was itself not justified. The interview did not have a proper basis and was not “conducted with a legitimate investigative basis and therefore [the government] does not believe Mr. Flynn’s statements were material even if untrue.”
This is an extraordinary argument from the Justice Department. In general, (as Reason has noted previously when writing about the Flynn case) the FBI and Justice Department have very wide latitude under federal statute to determine whether a lie is “material” to an investigation. That Flynn lied about contacts with the Russian government during an investigation by the FBI about possible Russian infiltration or manipulation of the 2016 presidential election would seem, to the average layperson, to be a “material” lie. Indeed, one footnote acknowledges that the court has already deemed Flynn’s statements to be “material” to the investigation, but that was before new disclosures about the way the Flynn interviews were being handled.

Shea writes of Flynn’s calls to Kislyak: “The calls were entirely appropriate on their face. Mr. Flynn has never disputed that the calls were made. Indeed, Mr. Flynn, as the former Director of Defense Intelligence Agency, would have readily expected that the FBI had known of the calls—and told FBI Deputy Director McCabe as much.”

This motion is being perceived as a sign of deep corruption in the Justice Department to protect Trump and people around Trump, because it’s extremely unlikely such a motion would happen otherwise. Former federal prosecutor and current defense attorney (and Reason Contributing Editor) Ken “Popehat” White took to Twitter to note that this would never, ever fly for any other defendant

t’s right to be deeply critical of federal statutes criminalizing lying to federal agents. It’s right to be deeply critical of the archaic Logan Act being brought up against Flynn to try to punish political speech. But there’s no sign that this is anything but a special deal for Flynn, and the Justice Department is bending over backward to justify it. Calls for changes to federal laws? None to be seen here. The FBI will continue to attempt to trap others in lies and prosecute them.”

Courts Grant Qualified Immunity to Cops in More Than Half of Cases When Invoked

“Reuters analyzed 252 federal appellate opinions from 2015 to 2019 where law enforcement defendants claimed qualified immunity. The courts ruled in the police’s favor in 57 percent of the cases.”

“Under the 50-year-old doctrine of qualified immunity, police and other government employees are shielded from lawsuits where the civil right they allegedly infringed hasn’t been “clearly established,” or where a reasonable officer wouldn’t have known about it.”

“On its face, qualified immunity is supposed to protect public officials from frivolous lawsuits related to their official job duties, but the confusing precedent has been construed so pedantically by some courts that plaintiffs must find precedents that match the exact circumstances of their case. Qualified immunity effectively short-circuits civil litigation against individual police officers, ensuring that the cases never make it to trial or settlement.”