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Why mRNA vaccines like those being made to treat coronavirus are a quantum leap for biotech

If the Pfizer and Moderna vaccines successfully put an end to the COVID-19 pandemic, as they seem poised to do, we will owe our salvation to the development of mRNA vaccines — an unprecedented, novel vaccine technology that may revolutionize how vaccines are made.

Indeed, an mRNA vaccine has never been mass-produced and licensed to treat an infectious disease. The mRNA vaccines to treat the novel coronavirus would be the first.

Yet understanding the quantum leap that mRNA vaccines represent requires understanding where we are right now. The biotechnology giants Moderna and Pfizer/BioNTech announced last month that they had seen promising results as they near the end of clinical trials for their vaccine candidates. Both vaccines are likely to be produced on a wide scale and distributed en masse to the public.

Yet what is particularly striking is that both are mRNA vaccines, mRNA being short for “synthetic messenger RNA.” Understanding why these are so novel requires some background on the history of vaccination.

Vaccines before mRNA

As Dr. Norbert Pardi, a research assistant professor of Medicine at the University of Pennsylvania and an expert on messenger RNA therapeutics, explained to Salon, there are three major type of vaccines. It is likely that you have heard of the first two, and probably have been injected with them at some point in your life, as almost all Americans are.

First, so-called conventional vaccines essentially train the body to recognize and combat antigens, the molecule or molecular structure found on a disease-causing organism (or pathogen) which usually triggers an immune response in the body.

“When you use conventional vaccines you deliver the actual protein antigens that will induce immune responses,” Pardi explained.

For instance, one conventional vaccine platform are live-attenuated vaccines, which use a weakened form of the germ that causes a disease. Once in the body, the immune system learns to recognize the antigen and develop immunity, but the patient doesn’t become sick because the form of the pathogen has been weakened.

“Live-attenuated vaccines are often very effective but they sometimes induce adverse events,” Pardi explained.

Another related subtype of conventional vaccines are called protein subunit vaccines; these are considered very safe, Pardi said, as they introduce “non-living, non-infectious materials” that include one or more antigens from a given pathogen. Once introduced to the body, the immune system learns how to recognize the pathogen in the future.

Viral vector-based vaccines, and genetic vaccines like those which use DNA and RNA, are the second and third main vaccine technologies. 

“When you use viral-vectored-based or genetic vaccines, you deliver a blueprint that will allow the host cells to produce protein antigens that will then induce an immune response,” Pardi said.

This is a bit more sophisticated than the standard conventional vaccine, in that you’re giving the cells a blueprint rather than a piece of the pathogen itself. In other words: conventional vaccines, which are either a weakened form of the pathogen or genetic “pieces” of it, teach the immune system to recognize the real pathogen after seeing these similar versions. It would be akin to recognizing a specific brand of car after seeing an ad for it, or even just a partial picture of its hood. But a viral vector-based vaccine or genetic vaccine would be more akin to recognizing what a Ford Focus looks like having only seen its blueprint.

The third and completely new technology, and the crux of this story, is the mRNA vaccine. For these, scientists create synthetic versions of mRNA, a single-stranded RNA molecule that complements one of the DNA strands in a gene. They then inject a bespoke version of the mRNA into the body, so that cells can produce proteins like those found in a given virus and train the immune system to fight a particular disease before it enters your bloodstream. Think of it as being a bit like training a soldier to fight against actors playing an enemy so they can be better prepared to fight the actual enemy.

In the case of the SARS-CoV-2 mRNA vaccines, these train the body’s cells to recognize a protein associated with SARS-CoV-2, the virus that causes COVID-19, known as Spike. Spike is the protein that creates the little points that stick out around the sphere of the virus like the spines of a sea urchin. By helping the body’s cells to produce Spike, the vaccines in the process train the immune system to recognize it and protect the human body from novel coronavirus infections.

The holy grail of vaccine technology?

Dr. Katalin Karikó, a Hungarian biochemist who specializes in RNA-mediated mechanisms and work as a senior vice president at BioNTech RNA Pharmaceuticals, explained to Salon about what makes these new vaccines so different.

“Vaccines containing killed viruses or viral proteins will only induce antibodies,” Karikó explained, referring to how conventional vaccines work. “Meanwhile, mRNA vaccines, in addition to antibodies, also induce cellular immune response,” she added, “because the encoded viral proteins are synthesized inside the cell of the vaccinated person.” This is an immunological double-whammy: the mRNA injected makes one’s body literally synthesize the same proteins that the virus will synthesize, as though it’s a dress rehearsal for real infection.

Karikó added that cellular immune response is important because although antibodies will eliminate and recognize viruses in the blood, there is a second type of white blood cell called T cells that recognize infected cells, and destroys them. In other words, antibodies patrol the bloodstream; T cells look for houses that have already been infiltrated. “That’s what the BioNTech mRNA vaccine demonstrated,” Karikó said. “It induced coronavirus-specific antibodies and T cells.”

As for mRNA vaccines like the ones developed by Moderna and Pfizer/BioNTech — which are technically known as “nucleoside-modified mRNA vaccines” — Pardi explained that they are “have two more critical advantages: the flexibility of antigen design stemming from their fully synthetic nature and the ease of production.” He emphasized that “once you have the coding sequence(s) of your antigen(s) you want to target you can quickly make these vaccines.” He noted that Moderna made their vaccine in just 42 days after they had figured out SARS-CoV-2’s genetic sequence. 

These mRNA vaccines are also quicker and easier to modify if necessary, Pardi noted. “You can use the same manufacturing procedure to produce different mRNAs . . .  this makes production much faster, simpler, and potentially cheaper.”

The long road to mRNA vaccines

mRNA vaccines are a very new technology, and had a long road to being developed. Indeed, it has been thirty years since the first paper came out that proposed using mRNA for vaccines. 

“There was very slow progress in the development of mRNA-based therapeutic approaches because there were two major hurdles that needed to be overcome,” Pardi told Salon. The first hurdle was “the instability of mRNA and the lack of a safe and efficient carrier molecule that can protect mRNA from rapid degradation.” Because mRNA is fragile, you can’t just put it in water and inject it; it needs to sit inside something. 

The second problem was more macroscopic: inflammation. Or, as Pardi described it: “the lack of methods that could decrease inflammation induced by the administration of mRNA.” 

The inflammation problem was solved in 2005 by Karikó and a colleague from the University of Pennsylvania, Dr. Drew Weissman. The two of them discovered that, by “replacing some of the building blocks of mRNA,” they could almost eliminate inflammation.

“This key discovery allowed them to produce safe, therapeutic quality mRNA, so-called nucleoside-modified mRNA,” Pardi said.

As for the carrier molecule problem, Pardi added that subsequent technological advancements helped develop better delivery materials for mRNA, particularly a material called lipid nanoparticles, or LNPs. “Both the Moderna and Pfizer/BioNTech SARS-CoV-2 vaccines use the nucleoside-modified mRNA-LNP platform,” Pardi said. This method has been found to be safe and effective in the Phase III clinical trials from both companies.

Karikó made considerable career sacrifices in the name of developing mRNA vaccines. Her belief that they could work got her demoted at the University of Pennsylvania in 1995, according to STAT News, which pointed to the fact that there was no money coming in to sponsor her work on mRNA. Yet Karikó has since been amply vindicated; the 2005 papers by her and Weissman were noticed by scientists who later helped found Moderna and BioNTech, Pfizer’s future partner.

Dr. Derrick Rossi, who helped found Moderna, bluntly told STAT News that Karikó and Weissman deserve the Nobel Prize in chemistry. “If anyone asks me whom to vote for some day down the line, I would put them front and center,” Rossi said. “That fundamental discovery is going to go into medicines that help the world.”

Indeed, one wonders how the world would be different if Karikó and Weissman had not succeeded in realizing their vision regarding mRNA technology.

“It is hard to say,” Pardi said. “One thing is pretty sure, we would not have been able to develop nucleoside-modified mRNA vaccines,” or the type of vaccines used by Pfizer/BioNTech and Moderna.

Karikó herself told Salon that other biotechnology had progressed tremendously in the past ten years, including the ability to sequence viral RNA quickly, and that this helped speed the vaccine. “Those who were making vaccines against this coronavirus this year were relying on sequence information published by Chinese scientists in early January 2020,” she noted humbly.

It also seems safe to speculate that, if Karikó and Weissman had not prevailed through hard work and ingenuity, we may not have the technology available right now to develop COVID-19 vaccines. Likely, the vaccines would have still come, albeit later — and it’s all because they were ahead of the curve about the potential of mRNA vaccines.

These sprinkled and spiked butter cookies melt in your mouth — and they make the best holiday gift

If you’re from New York or have visited the Big Apple on a trip, you’ll recognize Salon resident pastry chef Meghan McGarry’s favorite cookie in an instant: the sprinkled butter cookie. They instilled in McGarry a love for sprinkles, which add a nostalgic feel to the traditional desserts she makes over at Buttercream Blondie. 

McGarry shared her grown-up version of those buttery New York-style cookies with Salon readers earlier this year, when she was feeling nostalgic for her her trips to local bakeries as a child. It was in those sprinkle wonderlands that McGarry first fell in love with baking.

“Sprinkles are happiness in a bite,” the owner of the beloved Buttercream Blondie brand told Salon Food in a recent interview. “Now, we’ve come full circle, because my first line of cookies soon to be available for nationwide shipping include a cookie that doesn’t hold back on the sprinkles.”

Until that magical day, McGarry is tying over Salon readers eager to try her very own spirited sweets with a seasonal cookie that you can make in the comfort of your very own kitchen. It’s the second installment in Salon Food’s holiday baking series, which is designed to help you win this year’s cookie swap. We’re baking at home more than ever, so what better way to put your newfound culinary skills to the test than by gifts baked with love.

McGarry follows up her beloved Raspberry Almond Thumbprints with a second dessert you can put in the tins you’re packing for your family and friends: sprinkled and spiked confetti cookies. These are a holiday spin on the cookie she introduced to readers earlier this year while she was missing being able to make trips to the iconic brick-and-mortar bakeries from her childhood. 

“This is my interpretation of those retro New York sprinkled butter cookies,” she said. “This recipe uses amaretto and almond extract, which reimagine them for kids at heart.” 

RELATED: Win the holiday baking swap with this spirited new take on classic raspberry thumbprint cookies

Because it’s the holidays, McGarry also swapped her signature rainbow sprinkles for a green, red, and white palette. If you’re making these as a gift, feel free to customize the color scheme to the tastes of the friend or family member to whom you’re bestowing a cookie tin. But there’s one thing you should stick to: Use nonpareil sprinkles. In addition to looking beautiful, they also provide an added crunch to your cookies as you bite into them. That crunch provides the perfect compliment to the soft and pillowy texture of this cookie.

While almond extract and amaretto add an extra depth of flavor, the secret ingredient in these reimagined bakery cookies is an unexpected one: cream cheese. The addition of this favorite New York ingredient creates an almost velvet-like texture that melts away in your mouth. The end result is a cookie with a true lush factor. 

RELATED: This no-fuss cinnamon swirl quick bread is better than any cinnamon roll you’ve ever tasted

As always, McGarry shares her pro-tips for how to make cookies that look as good as they taste. For example, she recommends using a cookie scoop when to scoop out your dough to not only ensure that all of your cookies come out of the oven the same size but also that they bake evenly. You can find her complete cookie cheat sheet by clicking here.

Enjoy some sprinkled and spiked cookies by an open fire this weekend. And don’t forget to check back next week for more ways to continue baking spirits bright throughout the holidays.

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Recipe: Must-Make Holiday Confetti Cookies!

Yield: 4 dozen 1/2 ounce cookies

Ingredients

  • 6 ounces unsalted butter
  • 3/4 cup granulated sugar
  • 4 ounces cream cheese
  • 1 egg
  • 1/2 tsp. vanilla bean paste
  • 1 tsp. almond extract
  • 2 tbsp. Amaretto
  • 2 and 1/4 cups all-purpose flour
  • 3/4 tsp. baking powder
  • 1/2 tsp. salt
  • 1 cup holiday nonpareils

Instructions

  1. Preheat oven to 350 degrees.
  2. In the bowl of an electric mixer, cream butter, sugar and cream cheese until light and fluffy, about 3-5 minutes.
  3. Add egg, followed by vanilla, almond extract and Amaretto, and mix until combined.

Click here to access the remainder of Meghan McGarry’s raspberry almond thumbprints. And don’t forget to follow @ButtercreamBlondie on Instagram for more ways to bake through the holidays. 

Will Ivanka snitch on her father?

If you’re a fan of TV crime procedurals, you’ve no doubt seen shows where detectives interrogate two suspects detained in separate and austere holding rooms. The object is to get one of the perps to snitch on his accomplice and “turn state’s evidence” in return for leniency.

The dramas may feature different actors and different crimes, but the essential script components are the same: The cops offer immunity, witness protection or some other kind of favorable treatment in exchange for a confession. The arrestees, however, remain defiant, and hang tough. Some sit stone-faced and silent. Others smirk and laugh. Still others hurl back insults, accusing the cops of incompetence and a rush to judgment.

Then, slowly, just before a big commercial break, the fear of doing hard time sets in. One of the suspects reconsiders the possibility that his confederate will cash in on the promise of a deal, leaving him alone to take the rap. The perp’s rough exterior cracks. Before you can say “case closed,” Miranda rights are waived, and the truth emerges.

In real life, the drill rarely concludes as quickly. And while some suspects invoke the Fifth Amendment and never agree to talk, others do. Just ask Rick Gates why he decided to testify against his former business partner Paul Manafort. Faced with the prospect of a lengthy prison term, Gates opted to save his own skin.

As Donald Trump’s desperate plot to subvert the election fails and the end of his presidency approaches, Ivanka Trump could face her own “state’s evidence” moment as a result of her role in her father’s sketchy business enterprises in New York.

According to the New York Times, both state attorney general Letitia James and Manhattan district attorney Cyrus Vance Jr. are investigating income-tax-avoidance schemes undertaken by the Trump Organization that involve questionable deductions claimed for “consulting fees” paid to Ivanka and other individuals and businesses.

Vance’s investigation is criminal in nature, while James’ inquiry is civil. The probes, per the New York Times, are being conducted independently, but they overlap. New subpoenas have been issued in each, seeking information about the consulting payments.

The subpoenas come on the heels of a blockbuster story published by the New York Times in late September that revealed Trump paid a mere $750 in federal income taxes the year he won the presidency, and that he paid no income taxes in 10 of the 15 years prior to that.

Documents obtained by the New York Times also indicate that between 2010 and 2018, Trump wrote off “$26 million in unexplained ‘consulting fees'” as business expenses on his tax returns. The $26 million included $747,622 paid to an unidentified individual. That amount, it turns out, exactly matches income Ivanka listed as consulting fees on the 2017 financial disclosure forms she filed when she joined the White House staff.

As former New York City prosecutor Elura Nanos wrote in a recent column for the Law & Crime website, “This could be a problem, as Ms. Trump was an executive officer both of the company making the payment and the company doing the consulting. When a key person is on both sides of such a transaction, tax deductions could be illegal if the payments were inflated.”

CNN legal analyst Elie Honig, who worked for eight years as an assistant U.S. attorney prosecuting white-collar crimes, described Ivanka’s predicament more bluntly in a November 20 on-air interview, remarking:

“I used to do Mafia cases. This is exactly what they would do. If they wanted to take money out of a company and put it in the pocket of an individual, they would say, ‘We’ll just call it a consulting fee.’ That does not make it okay on its own. The question… is did Ivanka Trump actually give consulting services worth $747,000? I mean, think about that.”

Ivanka reacted to news of the consulting-fee subpoenas in true Trump fashion, rage-tweeting:

“This is harassment pure and simple. This ‘inquiry’ by NYC democrats is 100% motivated by politics, publicity and rage. They know very well that there’s nothing here and that there was no tax benefit whatsoever. These politicians are simply ruthless.”

It’s rarely a good idea, whether on television or in the actual world, for a potential suspect to directly attack the investigators. The better course is to let your lawyers do the talking.

Ivanka, of all people, should know this. In 2012, she and Donald Trump Jr. reportedly avoided a felony fraud indictment for misleading prospective buyers of units in the Trump SoHo, a hotel and condo development in lower Manhattan. The siblings narrowly escaped prosecution, but only after high-powered attorney Marc Kasowitz, a longtime Trump family consigliere and a Vance campaign donor, allegedly leaned on the DA behind the scenes to drop the case.

Vance is showing no signs of backing down this time. To the contrary, he is leading a grand jury probe that extends well beyond the possible misuse of consulting fees to determine if any of the president’s past business practices violated state fraud and income tax laws. He is also looking into whether the Trump Organization falsified corporate records in connection with the hush money paid to porn star Stormy Daniels and former Playboy model Karen McDougal during the 2016 presidential campaign.

In July, Vance scored a historic legal victory when the Supreme Court denied the president’s request to halt Vance’s inquiry, rejecting Trump’s claims of “absolute immunity” from state criminal prosecutions.

Trump cannot be pardoned for state crimes, and absent a federal pardon, once he leaves office, he will lose the immunity he now enjoys as a sitting president from prosecution for any federal offenses he may have committed. And while Trump’s attorneys currently are back before the Supreme Court, asking the panel to narrow the scope of Vance’s subpoenas, that effort would appear similarly doomed once Trump departs the White House.

What this means for Ivanka remains to be seen. She has not yet been formally accused of committing a crime, or officially been named as a target of any investigation. Moreover, even if she is eventually indicted, everyone—even a Trump—is presumed innocent until proven guilty beyond a reasonable doubt.

Still, as the clock ticks down on the Trump presidency, the first daughter may well be advised to ponder whether her legal interests and those of her father have diverged to the point where it would be better to cooperate with the authorities, fess up, and ultimately turn state’s evidence.

Stay tuned. This story is just beginning.

Browned butter and the caramelized flavor of maple syrup create an apple pie with layers of flavor

In her new cookbook, Petra (Petee) Paredez writes, “Making pie is an inherently generous act, because pie is a dish that is meant to be shared.” Millions of Americans are bracing to slice into a freshly-roasted turkey on Thanksgiving Day, but the real magic happens at the end of the meal. And it involves slicing into freshly baked apple, pecan and pumpkin pies to share. 

When the owner of Petee’s Pie Company stopped by Salon Talks to discuss “Pie for Everyone,” which features recipes from one of New York’s top pie shops, I asked her to expand upon the generous act of pie making.

“I think that one of the ways that pies transform a meal is that it’s a dessert that everybody shares, and we kind of want to share dessert. When you’re at a restaurant, dessert is the thing you’re most likely to share,” Paredez said. “And it’s this joyful sort of indulgence. It feels good to share as an experience with somebody.”

“But the other thing about pie is that it has a reputation for being tricky. And there are some tricks to it, but it’s something everybody can learn. If you spend the time to make a pie for somebody, they know that you care about the,” she continued. “If you take a pie to an event that you made yourself, it’s going to really sort of endear people to you, because they know that you took the time to do something special for them.”

But there is a formula that every at-home baker can master, and Paredez is finally sharing her secrets with the world. First, no house is complete without a strong foundation — and that’s a tender and flaky crust when it comes to pie making. Next, the fruits and natural ingredients that fill pies are the true stars of the show.

“My guiding principle is that when it comes to fruit pies, you want to just amplify the flavors that are already there,” she told Salon. 

You can make Maple-Butter Apple Pie at home by following the recipe below. For a master class in pie making, you can read the Q&A of our conversation below.

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“While my other apple pie recipe is as simple as can be, this recipe uses browned butter, a variety of spices, and the woody, caramelized flavor of maple syrup to make an apple pie with layers of flavor that is perfect on a chilly winter day.” – Petee

***

Recipe: Maple-Butter Apple Pie

Makes one 9-inch (23-cm) pie 

Ingredients:

  • 3 tablespoons unsalted butter 
  • 3 tablespoons maple syrup
  • 1⁄8 teaspoon ground nutmeg
  • 1⁄8 teaspoon ground cardamom 
  • 1⁄8 teaspoon ground allspice 
  • 1⁄4 teaspoon ground cinnamon 
  • 1½ pounds (680 g) peeled and sliced apples 
  • 2 teaspoons lemon juice 
  • 1⁄3 cup (65 g) sugar 
  • 2 tablespoons tapioca starch 
  • 1⁄4 teaspoon salt 
  • 1 bottom crust, crimped (1⁄2 recipe any crust type; see pages 50 and 52) 
  • 1 recipe Cornmeal-Pecan Crumb, made with black walnuts in place of pecans 

Directions: 

  1. Preheat the oven to 400°F (205°C). 
  2. In a lightly colored, large saucepan (so that you can see the color of the butter as it cooks—white enamel or stainless steel both work well), melt the butter over medium heat. After the butter melts and begins to bubble, heat for 5 to 10 minutes more, stirring with a wooden spoon, until the butter browns. When the butter is sufficiently browned, small chunks of toasty brown caramelized milk solids will have formed, and the rest of the butter will have a deep, golden-brown hue. Remove from the heat and whisk in the maple syrup, nutmeg, cardamom, allspice, and cinnamon. Add the apple slices and stir to coat. Stir in the lemon juice. 
  3. In a small bowl, whisk together the sugar, tapioca starch, and salt, making sure that the starch is evenly dispersed. Pour the sugar mixture over the apples and stir to coat. Pour the filling into the bottom crust, making sure to scrape the entire contents from the sides of the pan into the pie. 
  4. Top the filling with the crumb according to the instructions on page 58. Place the pie on a baking sheet to collect any juices that bubble over and bake for 20 minutes, then reduce the heat to 375°F (190°C) and continue to bake for 40 minutes more, or until the filling has been bubbling for at least 10 minutes. 
  5. Transfer the pie to a cooling rack and allow to cool for at least 1 hour before serving. Serve warm or at room temperature. The pie will keep for up to 3 days at room temperature.

Cornmeal-Black Walnut Crumb

  • ¼ cup plus 2 tablespoons (70 g) cold corn flour or extra-fine cornmeal 
  • ¼ cup plus 2 tablespoons (45 g) cold all-purpose flour or gluten-free oat flour 
  • ½ cup (110 g) packed brown sugar 
  • ½ cup (1 stick/115 g) cold unsalted butter, or ½ cup (105 g) cold refined coconut oil, divided into teaspoon-size pieces 
  • ½ teaspoon vanilla 
  • 1/3 cup (40 g) black walnut pieces 
  • ½ teaspoon salt 
  1. Combine all the ingredients in the bowl of a food processor and pulse until the butter or coconut oil pieces are no larger than a pea. 
  2. Alternatively, to mix by hand, combine cornmeal, flour, brown sugar, and salt in a medium bowl. Add the butter or coconut oil pieces and toss to coat them in the dry ingredients. Use your fingers to squeeze the butter or coconut oil pieces into pea-sized pieces. Sprinkle the vanilla extract over the dry ingredients and butter, then add the black walnut pieces and toss once more with your fingers to combine. 
  3. Pour the fruit filling to the bottom crust. Using a spatula, smooth the surface of the filling, ensuring the filling reaches the edges evenly. 
  4. Sprinkle the crumb over the filling one large spoonful at a time, starting at the outer edge and working your way toward the center. Use your fingers to gently distribute the topping so the thickness is more or less consistent across the center of the pie and slightly thicker near the edges. Do not compress it into the filling. 
  5. The crumb can be kept in an airtight container in the freezer for up to a year. 

Butter Pastry Dough

  • 1 tablespoon sugar
  • 1¼ teaspoons salt
  • 1⁄4 cup (60 ml) boiling water
  • 1½ loosely filled cups (180 g) pastry flour, from the freezer
  • 2⁄3 loosely filled cup (80 g) all-purpose flour, from the freezer
  • 1 cup (2 sticks/225 g) cold unsalted butter, cut into 1⁄2 -inch (12-mm) pieces
  • Extra flour, for rolling

Making dough by hand

  1. Stir the sugar, salt, and water together in a small bowl until the sugar and salt are fully dissolved. Place the bowl in the freezer—the liquid needs to be ice cold before it is added to the dough.
  2. Put the flour(s) in a large bowl and dump the butter, lard, or coconut oil into the flour. Toss to coat the pieces of fat in the flour. Working quickly, use your thumbs and index fingers to squeeze each chunk of fat into a thin sheet, between 1⁄8 and 1⁄4 inch (3 and 6 mm) thick. Shake the contents of the bowl to ensure the sheets are well-coated in flour.
  3. Sprinkle the ice-cold sugar-salt solution over the fat and flour. Use your fingers to lightly toss the contents of the bowl around to disperse the liquid.
  4. Squeeze the shaggy mess with your fists, repeatedly and quickly, until the chunks get bigger and more cohesive. 
  5. At first it will be crumbly and seem as if it won’t come together, but with continued compression, you can begin to make two mounds of dough of roughly equal size. Flatten your mounds into 1-inch- (2.5-cm-) thick disks. 

How to Roll a Dough Sheet and Make a Bottom Crust

  1. Prepare a clean, dry, nonporous surface by sprinkling it with the flour appropriate for your choice of dough. 
  2. Place a disk of dough on top of the floured surface and sprinkle it with a little more flour. Place your rolling pin in the center of the dough and roll away from yourself with firm, even pressure, but not enough force to squish the dough. As you approach the edge of the dough, use a little less pressure so that it doesn’t become too thin on the edges. 
  3. Rotate the dough about 45 degrees. Place the rolling pin at the center of the disk and roll away from yourself once again.
  4. Continue to rotate and roll, adding more flour as needed to prevent the dough from sticking to the surface and/or the rolling pin, until you’ve rolled the dough to approximately 1⁄8 inch (3 mm) thick. If the dough starts to split on the edges, you can gently press it back together before continuing to roll it out. The finished sheet of dough should be roughly 12 inches (30.5 cm) in diameter. 
  5. Transfer the sheet of dough into a pie pan, centering it so that you have at least 1 inch (2.5 cm) of extra dough all the way around the edges of the pan. While transferring, support the dough with your fingers spread out, in order to distribute the weight and prevent breakage. 
  6. Alternatively, put your hand and wrist under the silicone mat along the center line of the dough circle and pick it up, letting one half of the circle hang on one side of your hand, and the other half of the dough circle hang on the other side. 
  7. Lay one half of the dough along the center line of the pie pan, then fold the other half over so the silicone mat is lying over the top, then remove the mat. 
  8. Once the sheet of dough is in the pan, ease it into the corner where the base of the pan meets the sides. 
  9. In order to do this without stretching or breaking the dough, lift the edge of the dough with one hand to allow it to fall into place while gently pressing it into the corner with the other. If not crimping or adding a top crust, trim the crust by running a knife all the way around the outer edge of the pan. 

How to Make a Crimped Bottom Shell

  1. After transferring your dough sheet into the pie pan, lift the edge of the dough up to make a raised, hollow area, about 3⁄8 inch (1 cm) or a little less than 1⁄2 inch (12 mm) high, over the edge of the pie pan, pressing the excess dough against the rim of the pie pan to trim it. This will give you enough dough to form a decorative edge. 
  2. Then position the thumb and forefinger of your nondominant hand so that there’s about 1⁄2 inch (12 mm) of dough between them, and push them gently into the edge of the crust, right over the rim of the pie dish, while simultaneously using the forefinger of your dominant hand to push the dough from the opposite side into the space between your thumb and forefinger. 
  3. Shift your nondominant hand so that your thumb is now in the spot that your nondominant index finger just occupied, and repeat the same motion. Continue all the way around the edge of the pie. The rounded edges that result from this method prevent the burning that would otherwise happen if you pinched the dough into thin, sharp points. 

Like this recipe as much as we do? Click here to purchase a copy of “Pie for Everyone: Recipes and Stories from Petee’s Pie, New York’s Best Pie Shop.”

“Baby Chimp Rescue” is just as adorable as you expect, and surprisingly emotional as well

The strongest sales pitch for “Baby Chimp Rescue” is the series’ title. One glance, and you know you’re signing up for pure adorableness. Baby chimpanzees! With their big moon eyes and comically large ears and cute round bellies that they yearn for people to tickle! That’s right! They loved being tickled!

Who wouldn’t want to watch this series? Psychopaths. The answer you’re looking for is psychopaths.

As the title promises, each episode is overloaded with primate cuddliness as it is experienced day in and day out at Liberia Chimpanzee Rescue & Protection, the only chimpanzee sanctuary in Liberia. There, the caretakers spend their days chasing after rambunctious tiny primates, each with an individual personality, a sense of humor and a deep appreciation for nuzzles. Even better, the babies need to hug people. So at every turn each person in the facility is greeted by a primate who just wants to hold tight to them and be loved and kissed and cuddled.

Outwardly at least, a show like “Baby Chimp Rescue” is packaged to capitalize on the media appeal of fuzzy creatures and heartwarming stories about animal pals. Content like this makes brands such as The Dodo extremely popular in times of anxiety, which pretty much describes the past five years. We are charmed by stories about people rescuing animals and animals rescuing them right back, or unlikely friendships between different species. Driving these companies’ philosophies is a desire to raise awareness about animal welfare, but really the hook is that the videos are highly sharable reminders that as long as we have fat bears, puppies and kittens, not everything about the world is trash.

Speaking of which, that “Baby Chimp Rescue” headline does not mention the fact that the sanctuary also is home to a number of rescue dogs there to play with the chimps and help with the caretaking. Are you not entertained? Can you stop yourself from joyfully applauding like a seal? You may not be doing it now but I assure you, about 10 minutes into this thing you will.

However, where this series differentiates itself from most animal-centric TV series made to exploit our innate soft spots for petting furry things is that at regular intervals, wildlife veterinarian Jim Desmond and his wife Jenny, the American couple that runs the rescue, remind us that every sweet-faced baby chimp that’s melting our hearts is a trauma victim. The fact that this series exists, sweet though it may be, is a true tragedy.

Each young chimpanzee fortunate to make it into the Desmonds’ care has been confiscated from a black market seller or a private citizen who has bought the animal from a poacher. In Liberia the chimpanzee is critically endangered due to overhunting, and as the government cracks down on those killing wildlife and butchering them to sell their meat, they’re also confiscating infant and young chimpanzees left alive after their mothers are killed.

Those who are kept as pets aren’t typically well cared for, and each rescue varies from another. One little chimp, kept in neglect and constricted with a heavy chain, immediately reaches for Jenny when she arrives on the scene, as if she knows she’s her surrogate parent. Another older one shrieks in fury, distrusting her immediately owing to what he’s learned about humans while in captivity. His owners regularly plied him with hard liquor to keep him calm.

The Desmonds originally journeyed to West Africa country in 2015 to tend to primates retired from medical research who live on a series islands. Their small rescue center began when locals brought them two baby chimps to care for not long after their arrival.

By the time “Baby Chimp Rescue” begins, they’re contending with 19. That number grows as the story progresses, revealing the central tension of the three-part series: they are running out of room and need to find the chimps a home closer the forest where they can live in a habitat closer to how they would exist in the wild. Unfortunately they still need to secure funding to build in the location they have in mind.

BBC America’s wildlife unit generally features programs that highlight the majesty of nature, which makes this series something of a divergence from its usual approach. “Baby Chimp Rescue” is a conservationist appeal with particularly endearing faces and names attached to it. The plot arcs aren’t anthropomorphized dramas inspired by instinctual conflict in the natural world.

These chimps may as well be human orphans because they exhibit many of the same emotional shades that we do. Happiness and sorrow are plainly visible on their young faces, and that makes the stories even more devastating when the Desmonds weather heartbreaking setbacks, and inevitably they do. Such challenges as a common cold – a small inconvenience to humans – are life-threatening to these babies. Other natural threats also arise that threaten to wipe out everything they’ve accomplished overnight.

Real and palpable as the frustrations faced by the couple, their partner chimp expert Ben Garrod, and their caretakers can be, the predominant emotions in “Baby Chimp Rescue” are wonder and joy. The Desmonds’ devotion is beyond incredible, and their natural ability to connect with these creatures is awe-inspiring. 

The series is a testament to these apes’ natural intellect, demonstrated in the many scenes showing Garrod and the Desmonds running classes for the youngsters to show them basic wilderness survival skills they’d ordinarily be taught by their mothers, such as creating a nest or using grass stems to pull termites out of logs.

Equally as inspiring, however, is the rescue’s ability to heal the people involved with it. Several of the caretakers who work with the Desmonds previously worked in the labs where chimpanzees were experimented upon, and recall moments of listening to the cries of the babies they worked with back then.

This work, one woman says, makes a big difference in her life. She used to feel terrible about her job. Now, she says while cradling an infant chimp resting peacefully in her arms, “I’m very, very, very happy. I’m the happier one.” The chance to vicariously experience a mote of that feeling urges us to watch.

“Baby Chimp Rescue” premieres Saturday, Dec. 5 at 8pm on BBC America.

Former Trump lawyer Sidney Powell fumbles her way into another legal blunder

According to Atlanta Journal-Constitution reporter Greg Bluestein, former Donald Trump election lawyer Sidney Powell continued her streak of legal appeal errors with what appears to be a typo telling judges in Georgia that votes intended for former Vice President Joe Biden were ” flipped” to Donald Trump.

Powell, who was dismissed from the president’s legal team after making claims that were considered beyond the pale by both the president and his main legal adviser Rudy Giuliani, has continued to attempt to make the case for the president that the election was rife with fraud with what she called lawsuits of “biblical proportions.”

Writing “Whoops” and appending a screenshot of the latest filing in Georgia, where Trump unexpectedly lost, Bluestein added, “The latest legal filing from former Trump attorney Sidney Powell in her Georgia lawsuit accuses Dominion voting machines of flipping votes from Biden to Trump — which would mean the president gained fraudulent votes. One GOP attorney calls it an ‘epic fail.'”

You can see the tweet below:

Abysmal jobs report puts renewed pressure on Mitch McConnell to pas COVID relief

The Labor Department’s release Friday of an abysmal jobs report showing that U.S. hiring slowed dramatically in November served as another occasion for Democratic lawmakers, progressive advocacy groups, and economists to demand that Senate Majority Leader Mitch McConnell end his months-long obstruction of a desperately needed coronavirus relief package.

Devoid of any “silver linings”, the fresh jobs numbers further undercut the Kentucky Republican’s argument just last month that the economy is trending in the right direction and therefore requires less stimulus to drag it out of recessionary territory. According to Friday’s report, the U.S. added just 245,000 jobs in November, down from 610,000 in October and the fifth consecutive month hiring has slowed.

Elise Gould, senior economist at the Economic Policy Institute, warned that with key federal unemployment programs set to expire at the end of December and coronavirus infections on the rise nationwide, “millions of workers and their families are in for an even harsher winter” unless Congress takes decisive action.

“The unemployment rate edged down to 6.7%, but for the ‘wrong’ reasons as 400,000 people left the labor force,” Gould noted in an analysis of the new figures. “The number of workers unemployed 27 weeks or more—the long-term unemployed—shot up to 3.9 million in November. Now, over one-third (36.9%) of the total unemployed are long-term unemployed.”

The alarming numbers came at the tail end of week in which coronavirus relief talks, previously stagnant for weeks, appeared to progress slightly, with Democratic congressional leaders and President-elect Joe Biden throwing their support behind a $908 billion bipartisan stimulus framework despite its serious inadequacies.

“We’ll take the time we need and we must get it done,” House Speaker Nancy Pelosi (D-Calif.) told reporters Friday, voicing optimism that lawmakers can strike a deal on a relief package before both chambers depart for Christmas recess. “We cannot leave without it.”

In a tweet Friday, Senate Minority Leader Chuck Schumer (D-N.Y.) said that “this latest jobs report shows the need for strong, urgent emergency relief is more important than ever.”

“Senator McConnell must hear the pleas of the millions of struggling American families,” Schumer added.

McConnell has not backed the bipartisan plan, circulating his own proposal earlier this week that would gift corporations sweeping immunity from coronavirus-related lawsuits while providing no boost to weekly unemployment benefits, direct stimulus payments, or aid to state and local government.

The bipartisan framework also includes a liability shield, but one far more limited than McConnell’s.

“Senior Democrats have balked at that measure [in the bipartisan plan] despite embracing the broader bill,” the Washington Post‘s Jeff Stein reported Thursday. “A number of Republicans have made clear that no stimulus package will pass without including the measure.”

McConnell’s proposal was so paltry and stuffed with poison pills, including a 100% tax deduction for business meals, that critics warned the Republican leader is intentionally trying to keep the economy mired in recession to sabotage the incoming Biden administration.

“Mitch McConnell is apparently ready to ruin the holidays and the economy for working families and small businesses unless he gets his way,” Jeremy Funk, spokesperson for government watchdog group Accountable.US, said in statement Friday. “His plan to shower corporations, millionaires, and CEOs with more handouts while giving virtually nothing to struggling workers and their families is beyond unacceptable.”

Sen. Ron Wyden (D-Ore.) tweeted Friday that “Congress knows how to help workers and families. It knows how to prevent the looming recession.”

“One person is standing in the way,” Wyden said. “Mitch McConnell’s political games are costing lives and livelihoods.”

With November’s meager hiring in the books, the U.S. economy currently has 9.8 million fewer jobs than in February, when the coronavirus began spreading rapidly across the United States. Now, as coronavirus infections, hospitalizations, and deaths are soaring to new heights, Rep. Don Beyer (D-Va.) warned Friday that “we are heading into a situation that may be even worse than the spring.”

“Christmas is in three weeks, rent was due a few days ago, and millions of Americans are on the verge of hunger and homelessness,” said Beyer. “However, instead of passing a relief bill that the Federal Reserve Chair and economists say is sorely needed, Senate Republicans have been confirming judge after judge—filling the federal bench while Americans fill hospitals across the country.”

“The leader of their party has been doing even less than they have—sulking and seeking revenge for an election he lost definitively, while Americans pay with their lives and livelihoods,” Beyer continued. “Workers and their families, as well as businesses and state and local governments, need relief now—especially as many federal relief programs are set to expire at the end of the year.”

Trump the fascist artist: How the MAGA crowd is motivated by aesthetics, not ideas

More than eighty years ago, a then-obscure German philosopher wrote an essay that foresaw the essential reason behind President Donald Trump’s enduring political appeal. His name was Walter Benjamin; born to a Jewish family in Berlin, Benjamin was present for a pivotal moment in history, and watched Hitler rise to power. By the time he wrote his most famous essay, he was an exile living in France amidst financial hardships, having recognized that the Reichstag fire three years earlier signified that the Nazis had achieved total power in Germany.

In 1936 — as Hitler was violating international treaties with impunity and preparing Germany for war (a threat that many Western powers did not take seriously) — Benjamin, a Marxist and a Jew who was thus obviously opposed to the Nazis, postulated that modern fascists succeed when they are entertainers. Not just any entertainer — a circus clown or a juggler-turned-fascist wouldn’t do. Specifically, modern fascists were entertainers with a distinct aesthetic, one that appeals to mass grievances by encouraging their supporters to feel like they are personally expressing themselves through their demagogue of choice.

Benjamin’s insight, which appears to have been largely forgotten, is that keeping fascism out of power means recognizing how they use aesthetic entertainment to create their movements. That does require us to admit, cringe-inducing though it may be, that Trump is an artist — albeit a tacky, shallow and transparently self-aggrandizing one. More importantly, his movement, the MAGA crowd, has a distinct aesthetic which he has created and honed for them.

The key passage from Benjamin’s “The Work of Art in the Age of Mechanical Reproduction,” which was published in 1936, deserves to be quoted in full:

Fascism attempts to organize the newly created proletarian masses without affecting the property structure which the masses strive to eliminate. Fascism sees its salvation in giving these masses not their right, but instead a chance to express themselves. The masses have a right to change property relations; Fascism seeks to give them an expression while preserving property. The logical result of Fascism is the introduction of aesthetics into political life.

Earlier in the essay, Benjamin describes how the history of art itself had changed in modern history. Although works of art were initially created carefully by individual craftsmen working under mentors, industrialization made it possible for art to be produced on a large scale and distributed quickly and easily among millions of people. (Bear in mind that he wrote this in 1936, when printing presses and radio were the main means of mass distribution, television was in its infancy and the internet had yet to be conceived.)

Not surprisingly, this meant that politicians had learned how to utilize art to advance their own agendas. Fascists, however, took things one step further: They recognized that, by using purely aesthetic entertainment to create solidarity among their supporters, they could distract them from the economic and social forces oppressing them, and instead build political movements based around the ability to creatively express their grievances. In other words, you could promote policies that rampantly redistributed wealth upwards, consolidated power in the hands of a few and dismantled democracies, and one’s followers would not care as long as they had the aesthetic entertainment to comfort them and make them believe they were being heard by those very politicians who fundamentally despised them.

Because Benjamin was most concerned with Adolf Hitler, who ruled Germany from 1933 to 1945, his essay drew particular attention to Hitler’s love of extravagant military exhibitions. Clearly, there are parallels to Trump, who has used gaudy military pageantry in unprecedented ways to impress his supporters, as well as declared literal war on many of his own citizens, in part to achieve that same effect. Benjamin quotes Italian fascist and futurist Filippo Tommaso Marinetti, whose celebration of war is chillingly poetic:

War is beautiful because it establishes man’s dominion over the subjugated machinery by means of gas masks, terrifying megaphones, flame throwers, and small tanks. War is beautiful because it initiates the dreamt-of metalization of the human body. War is beautiful because it enriches a flowering meadow with the fiery orchids of machine guns. War is beautiful because it combines the gunfire, the cannonades, the cease-fire, the scents, and the stench of putrefaction into a symphony.

Obviously, Trump’s understanding of art and entertainment precedes his military displays, and may explain how he became the first president to lack either political or military experience. Acknowledging that he did not actually write the books like “The Art of the Deal,” which helped make him famous, he still played a major role in choosing the faux-opulent and brassy architectural style that distinguished his early buildings. He was a major creative force behind his hit reality TV show “The Apprentice,” which he hosted for a decade until shortly before he began his 2016 presidential campaign. While it would be a stretch to describe Trump as having the soul of an artist, he has always intuitively understood that people like to be entertained, and that making a spectacle of your businesses (such as his real estate holdings) and of oneself (such as through his reality TV show) is good for business.

By developing a knack for entertaining the masses in a self-promotional way — whether by claiming credit for art he did nothing to produce, like “The Art of the Deal,” or actually playing a role in artistic choices over investments like his buildings and his TV show — Trump created an image for himself as the quintessential American businessman, the type of billionaire that, as comedian John Mulaney astutely observed in 2009, is a caricature of what a hobo might imagine a wealthy person to be like. For the first sixty-plus years of his life, Trump became adept at using aesthetic presentations to make himself into a pop culture icon.

When he decided to run for president, he simply transferred that understanding to the political realm.

There are two main ways that he did this prior to his presidency, both of which he has continued to do during his administration. The first is through his tweets, which took advantage of Americans’ dwindling attention span by regularly packing memorable, punchy ideas into very small packages. As Amanda Hess wrote in Slate back in 2016, the secret to Trump’s ability to create a political movement off of Twitter is that “whether he realizes it or not—and he’s tweeted that he has ‘a very high IQ,’ so I’m assuming he does—his most Trump-ian tweets manage to hit upon all three of Aristotle’s modes of persuasion: logos (the appeal to logic), ethos (the appeal to credibility), and pathos (the appeal to emotion).”

Trump has tweeted so much that it would take an entire academic paper to deconstruct all of them thoroughly, but Hess’ analysis of a Trump tweet directed at one of his rivals in the 2016 Republican primaries, former Florida Gov. Jeb Bush, is quite revealing. After quoting Trump’s tweet — “Jeb Bush never uses his last name on advertising, signage, materials etc. Is he ashamed of the name BUSH? A pretty sad situation. Go Jeb!” — Hess points out that “he seized on a truth about Jeb Bush’s campaign branding, leveraged it to question the very legitimacy of the Bush name, declared the situation ‘sad,’ and still had leftover space to offer some condescending words of encouragement.”

One finds the same strategy in his tweets trying to delegitimize Joe Biden’s victory in the 2020 election, which the president insists he won even though he has repeatedly failed in court to prove any of his claims. On Thursday he nevertheless tweeted, “The ‘Republican’ Governor of Georgia, [Brian Kemp], and the Secretary of State, MUST immediately allow a signature verification match on the Presidential Election. If that happens, we quickly and easily win the State and importantly, pave the way for a big David and Kelly WIN!” Again, Trump very strategically packed a lot into this single tweet: An insult against a fellow Republican who he feels has been disloyal by not helping him steal the election, to inspire anger; a seeming appeal to logic by requesting “a signature verification match”; and the offer of rewards for other powerful if his wishes are granted.

But the other aesthetic that Trump has honed impeccably is the art of trolling. As my colleague Amanda Marcotte wrote in her book “Troll Nation: How The Right Became Trump-Worshipping Monsters Set On Rat-F*cking Liberals, America, and Truth Itself,” this fit with a longstanding trend among American conservatives. Indeed, for years before Trump’s rise, they began transitioning away from advocating for traditional conservative ideas and instead focused on encouraging their followers to be bitter, hateful and paranoid. Over time, American right-wing politics was no longer defined by beliefs, but by intense hostility toward perceived threats that they invariably attributed to the left.

“Watch Fox News any day of the week, and most of what they cover is a bunch of segments about how liberals are hypocrites or liberals are the worst,” Marcotte told Salon in 2018 when discussing her book. “Everything is just reinforcing the stereotype of liberals as these hate objects you can just feel justified in trying to punish.” She later added that “conservative audiences respond to this kind of media because they want to. I think we underestimate how much people are going to do what they want to do and believe what they want to believe.” While Trump supporters may recognize that certain government programs help them, they will disregard those facts if a right-winger appeals to their hostility toward racial minorities, women, the LGBTQ community, immigrants or members of other marginalized groups.

This trolling approach defines Trump’s official speeches, his press conferences, the rhetoric he employs at political rallies and virtually every other aspect of his political life. For his followers, this type of communication trope has become ingrained into their being. Plenty of conservative politicians appealed to their supporters’ basest instincts prior to Trump, but the president and his followers made overtly vilifying the left and gleefully savoring upsetting leftists through their words and actions into their central appeal. He did this when he kicked off his aborted 2012 presidential campaign by promoting a racist conspiracy theory about President Barack Obama and his successful 2016 effort by disparaging Mexican immigrants as rapists and criminals. He has done this on the countless occasions when he has made inflammatory statements about important issues that inevitably upset the left and, just as inevitably, put Trump in the headlines. He and his supporters have even sold T-shirts with controversial messages by appealing to supporters’ desire to “drive liberals crazy.” Frequently, Trump supporters will actually admit that they don’t agree with his rhetoric, but they enjoy his sadistic bullying because it makes them feel good. In other words, they connect with the aesthetic.

Trump’s is an an approach that goes beyond mere rhetoric and enters the realm of performance art, a fact that Trump himself unintentionally acknowledged during his first speech at the 2020 Republican National Convention, when he urged his supporters to chant “12 more years” in order to “really drive [liberals] crazy.” That moment epitomized precisely how Trump has transformed traditional political rhetoric into performance art: Instead of simply making the case for his candidacy or advocating for certain ideas, Trump focused on creating a moment in which he would entreat his followers to join him in a performance — not for a major political point, but simply to elicit a desired emotional response from their supposed common enemy. It was the type of performance art that Trump has perfected: To act like a troll, and encourage his supporters to act like trolls, and thereby create an act of mass catharsis through creative self-expression that did absolutely nothing to address any legitimate economic or social concerns that his supporters might have.

If Trump was simply using these ends to advance an otherwise traditional political career, it would debase democracy but not necessarily pose a threat to it. The problem is that Trump is not a traditional American politician; he has all the hallmarks of being a fascist. As Italian philosopher Umberto Eco wrote in a 1995 essay about fascism, “behind a regime and its ideology there is always a way of thinking and feeling, a group of cultural habits, of obscure instincts and unfathomable drives.” There are many drives that fuel fascist movements and are present with Trump, including a glorification of an imagined past through appeals to traditionalism (hence Trump’s slogan to “Make America Great Again”), a hostility toward intellectuals and a fear of difference (to quote Eco, “the first appeal of a fascist or prematurely fascist movement is an appeal against the intruders” and is thus “racist by definition”). Fascist movements also pander to the individual and social frustrations of their followers, heavily rely on nationalism, convince themselves that their opponents are elitists and utilize a specific type of machismo that “implies both disdain for women and intolerance and condemnation of nonstandard sexual habits, from chastity to homosexuality.” When fascists talk about their support of “the People,” it is not in terms of a belief in individual rights but rather as “a monolithic entity expressing the Common Will. Since no large quantity of human beings can have a common will, the Leader pretends to be their interpreter. Having lost their power of delegation, citizens do not act; they are only called on to play the role of the People.”

Even if Trump never again holds political office, the fascist tendencies that he exploited will continue to thrive, and it is not inconceivable that a future fascist political aspirant will figure out how to replicate his ability to create a political aesthetic as the glue that holds their movement together. The ongoing debacle over Trump’s refusal to accept his 2020 election loss is a perfect example of that. For Trump himself, this is almost certainly a symptom of his obvious narcissism, the fact that in his world nothing is worse than being a “loser.” Yet it is telling that so many people are buying into his claims (a recent poll found that 73 percent of likely Republican voters and 44 percent of all likely voters are questioning Biden’s victory), despite there being no evidence of voter fraud whatsoever.

Even if Trump miraculously vanishes from the political scene after leaving office, his lies about the 2020 election are likely to foreshadow future ways in which American fascists use mass entertainment to win over support. As Marcotte recently noted, polls show that most Republican voters do believe that their votes counted, and there are no plausible signs of waning interest in participating in future elections, because they realize that Trump’s claims of being robbed are yet another performance art piece in which they can participate.

“Republican voters understand perfectly that Trump’s lies are part of a con game — and they imagine they’re in on the con,” Marcotte wrote. Replace “con” with “spectacular show,” or “mass entertainment,” or even (dare I say it) “work of art.” That’s the Trump aesthetic.

The reality is that the problems facing ordinary Americans economically, socially, ecologically and internationally are largely due to the forces identified by the left: income inequality, lack of access to basic needs like healthcare, student debt, predatory lending and so on are all side effects of capitalism. Yet as long as fascists know how to win over supporters by appealing to an aesthetic — whether military parades and catchy tweets or trolling public statements and conspiracy theories that exist mainly to create a shared false narrative that can upset and delegitimize the left — their followers will misidentify the source of their misery, as Benjamin foresaw.

Google illegally surveilled, interrogated, and fired workers who tried to organize, NLRB says

Google repeatedly violated U.S. labor law when it spied on, probed, and terminated employees engaged in worker organizing in 2019, according to a complaint filed by the National Labor Relations Board on Wednesday.

In its complaint (pdf), the NLRB alleges that Google was “interfering with, restraining, and coercing employees in the exercise of their rights guaranteed in Section 7” of the National Labor Relations Act. 

As The Guardian reported Wednesday:

The complaint was filed on Wednesday following a year-long investigation launched by terminated employees who filed a petition with the board in 2019, after hundreds of Google employees carried out internal protests and public demonstrations against Google’s work with U.S. Customs and Border Protection. This came after a huge walkout in 2018 over the company’s handling of sexual harassment allegations. The Communications Workers of America union helped author the workers’ charges.

The NLRB complaint absolved two fired employees of any wrongdoing and found Google repeatedly violated U.S. labor law by using “terminations and intimidation in order to quell workplace activism.” It also found Google’s accessing of worker calendars and other internal documents constituted unlawful surveillance.

Laurence Berland is one of the workers fired in November 2019 while trying to draw his coworkers’ attention to and organize opposition to Google’s ongoing efforts to work with IRI Consultants, a firm notorious for its anti-union agenda.

Berland on Wednesday called Google’s hiring of IRI “an unambiguous declaration that management will no longer tolerate worker organizing.” 

“Management and their union-busting cronies wanted to send that message,” Berland said, “and the NLRB is now sending their own message: worker organizing is protected by law.”

Kathryn Spiers—another former Google engineer fired by the technology giant last year after she created a pop-up message informing company employees who visited IRI’s website of their “right to participate in protected concerted activities”—said the NLRB “found that I was illegally terminated for trying to help my colleagues,” though that can’t undo the harm done to her reputation.

“Colleagues and strangers believe I abused my role because of lies told by Google management while they were retaliating against me,” she said.

When Google dismissed Berland and Spiers, the company claimed “repeated violations of our data security policies.” But the NLRB complaint noted that “several of Google’s policies that prohibited workers from viewing internal documents were unlawful and selectively enforced,” as the New York Times reported Wednesday.

According to Alan Hyde, a professor at Rutgers Law School specializing in labor law, Google appears to have acted “as if labor laws didn’t apply to them and they could treat employees any way they like.”

“For a company with the slogan ‘don’t be evil,’ the findings are pretty damning,” tweeted labor journalist Lauren Kaori Gurley.

As Bloomberg’s Josh Eidelson and Mark Bergen reported Wednesday, the NLRB’s complaint accuses the company of “violating the New Deal law that protects employees’ right to engage in collective action about workplace issues, including non-union workers like Google’s… Google broke the law by questioning and terminating employees because of their activism, maintaining rules restricting legally protected organizing, and enforcing other rules in a discriminatory manner.”

The Hill reported Wednesday that while the NLRB determined that Berland and Spiers’ efforts to share information about work-related grievances with colleagues via internal communication tools and to remind workers of their rights “were not grounds for retaliation,” Google has “defended the firings, arguing that the two workers had violated company policy.”

“We strongly support the rights our employees have in the workplace, and open discussion and respectful debate have always been part of Google,” a company spokesperson said. “We’re proud of our culture and committed to defending it against attempts by individuals to deliberately undermine it—including by violating security policies and internal systems.”

Although the NLRB found that the Berland and Spiers’ organizing efforts were lawful and that Google had violated their rights, the agency “did not include in its complaint other Google employees who were terminated,” MarketWatch reported Wedesday. “Those employees were protesting Google’s work with the border patrol, which the NLRB’s general counsel found was not protected under the National Labor Relations Act.”

Laurie Burgess, the employees’ attorney, said that she plans “to vigorously appeal the dismissed charges to the NLRB to ensure that the right to engage in this type of protected activity is not encroached upon.”

Hyde told the Times that he predicts Google, which he described as unpopular with Democrats and Republicans on Capitol Hill, will settle with Berland and Spiers. Google, however, seems prepared to fight the case. 

A Google spokesperson said the company will “continue to provide information to the NLRB and the administrative judge about our decision to terminate or discipline employees who abused their privileged access to internal systems, such as our security tools or colleagues’ calendars. Such actions are a serious violation of our policies and an unacceptable breach of a trusted responsibility, and we will be defending our position.”

Zoe Schiffer, who reported on the NLRB’s complaint for The Verge on Wednesday, opined on social media: “Based on Google’s latest statement, I don’t think it’s going to settle,” setting the stage for a judge to hear the case.

According to The Hill, Google has until December 16 to respond to the complaint, while a hearing in the case has been scheduled for mid-April 2021. 

Berland, for his part, said he feels vindicated by the NLRB’s complaint, which is significant because it comes “at a time when we’re seeing the power of a handful of tech billionaires consolidate control over our lives and our society.”

“It’s nice that there are now some official papers saying the NLRB also thinks I didn’t do anything wrong. I might even get my job back eventually!” Berland exclaimed in a Twitter thread. “But the NLRB process is slow. This is just the first step and it took over a year.”

Berland continued: “If enough of my coworkers had gone on strike in response to the firings, this could have been over in a week. And it could have brought us all back. Not just me but Sophie Waldman, Paul Duke, and Rebecca Rivers, too.”

“Worker power, collectively organized, is true power,” he added. 

Trump’s deep state legacy: Dozens of political appointees will stay in Biden’s government

Christopher Prandoni was just 29 when he joined President Donald Trump’s administration as associate director for natural resources at the Council on Environmental Quality. Last year, he hopped over to the Interior Department and became a close adviser to Secretary David Bernhardt, sometimes attending multiple meetings a day with the agency head.

In April, Bernhardt named Prandoni, only three years out of law school, to a $114,000-a-year position that’s part of the career civil service. His appointment as a judge in the Interior Department’s Office of Hearings and Appeals, which arbitrates land-use disputes, drew sharp criticism from environmental groups concerned that Prandoni would infuse ideology into decisions and undermine the panel’s integrity.

“The job that Prandoni was given was a gift; it was payment for time served,” said Brett Hartl, government affairs director at the Center for Biological Diversity. “He never in a thousand years would have gotten this job if he hadn’t worked directly with David Bernhardt for months at a time implementing the Trump agenda.”

Prandoni, whose new job was reported over the summer by E&E News, didn’t reply to a request for comment. He is among 32 political appointees whom the administration has sought to hire into civil service positions in the first three quarters of this year, a phenomenon known as “burrowing” that occurs at the end of every administration. Congress requires the Office of Personnel Management to provide summaries of such requests, since career jobs hold over from one administration to the next and generally have more protections against partisan attempts at removal.

Burrowing has a history that traces back to civil service reforms of the late 1880s, when Congress passed a law to try to ensure that jobs were awarded on merit rather than patronage. The number of hires sought under Trump is so far roughly similar to the tally of other recent administrations.

The lists OPM provided to Congress include some recent hires who met the agency’s standards for competitive, merit-based hiring but have clearly partisan or ideological credentials. Along with Prandoni, a longtime staffer for the Grover Norquist-led small government group, Americans for Tax Reform, the Trump administration list includes a former chief of staff to conservative firebrand Sen. Ted Cruz, R-Texas, and a lawyer for energy and mining companies who got his start at a property rights think tank.

Although the incoming Biden administration has not yet addressed the issue, the party coming into the White House typically expresses concern when members of the previous administration embed themselves within agencies, where they can slow implementation of the new president’s priorities. After Trump won the 2016 election, Senate Republicans demanded weekly reports from OPM to track new transfer requests by the Obama administration. Trump’s transition adviser, Chris Christie, had earlier threatened to change civil service laws to try to dislodge any Obama loyalists who may have found their way into the federal bureaucracy.

In 2010, following public attention to a spate of burrowers from the Bush administration, OPM began requiring such appointments to be submitted for approval on an ongoing basis. Compliance hasn’t been perfect. Between 2010 and March 2016, the Government Accountability Office reported that OPM approved 78 out of 99 requests to convert political appointees into civil service jobs, but it didn’t retain enough information about the approvals for GAO to review them.

According to the Senate Homeland Security and Government Oversight Committee, in 2019 OPM approved 28 conversion requests, returned three without action and denied three. Of the total who may get new jobs in 2020, only a few have names attached, since many of the hires were still under review by OPM at the time the lists were compiled; the process is supposed to take 15 business days but is often extended. A court ruled over the summer that if OPM eventually determines the transfer was improper, the employee can be fired.

Five such moves were denied in 2020 because the agency said it “could not conclude the appointment was free of political influence and complied with merit system principles.”

The Interior Department accounts for several of the approved transfers in 2020.

Gregory Sheehan was appointed deputy director of the Fish and Wildlife Service in June 2017. (Then-Interior Secretary Ryan Zinke tried to make him director, but Sheehan lacked the position’s required scientific degree.) In that position, he opened hundreds of thousands of acres of federal land to hunting and fishing and shepherded through rules that substantially weakened protections for endangered species.

Sheehan served 14 months before resigning, a spokesman said, to spend more time with his family in Utah. But in August, after the previous director retired, Sheehan was hired for a $166,910-a-year job as director of the Bureau of Land Management’s office in his home state. Environmental groups slammed Sheehan as being too close to industry and local governments, which have long pushed for more access for mining and drilling, although as one of his first actions Sheehan canceled a set of oil and gas lease sales that had been scheduled near Arches and Canyonlands National Parks. Sheehan referred questions to an agency spokesperson, Richard Packer, who wrote in an email that the Interior Department “evaluates all candidates for career civil service positions based on their merits and qualifications to execute Interior’s mission; to which, Mr. Sheehan was selected.”

Another new BLM state director is Barry Bushue, a longtime leader of the American Farm Bureau Federation, the nation’s largest agriculture industry lobbying group. Bushue was appointed to run the U.S. Department of Agriculture’s Farm Service Agency office for Oregon in 2018. Earlier this year, he was transferred to a career position running BLM’s Oregon/Washington division — the site of fierce debates around the federal government’s authority over cattle grazing.

Susan Jane Brown, public lands and wildlife director for the Western Environmental Law Center, said Bushue’s background in agriculture does not necessarily mean he knows how to manage the diverse set of interests at play on public lands. “I don’t know why you’d put a farmer in charge of natural resources, because they’re different,” she said. She has an alternative explanation for the career appointments, given the Trump administration’s penchant for high turnover and lingering vacancies.

“Maybe they are attempting to burrow in some employees, but boy is that a little too late,” Brown said. “It seems to me that they’re simply scraping the bottom of the barrel and finding anybody with a pulse to put into some of these positions for the remainder of the lame duck.”

An Interior Department spokesperson said that the hires of Prandoni, Sheehan, and Bushue were appropriate and conducted according to standard procedures.

“This takes place in every administration despite whatever false narrative is being spun by special interest groups who are seeking to disparage the character and qualifications of these dedicated public servants,” spokesperson Benjamin Goldey said in an email.

A final high-profile political appointee converted to career status in the environmental sphere is Brandon Middleton, who got his start challenging regulations under the Endangered Species Act as an attorney for the property rights-oriented Pacific Legal Foundation. He then worked for Sen. Jeff Sessions, R-Ala., who brought him to the Department of Justice’s environmental division in 2017, where he continued to correspond with his former foundation colleagues about issues before the DOJ.

Later that year, he joined the Department of the Interior as deputy solicitor for water resources, until he was appointed to a career position as chief counsel at the Department of Energy’s Environmental Management Consolidated Business Center, which manages the contracting for cleaning up toxic waste dumps.

Neither Middleton nor the Department of Energy responded to requests for comment.

Conversion requests are typically most common at the DOJ and Department of Homeland Security, and the Trump administration has made plenty of those as well.

Among them: Prerak Shah, a memberof the right-leaning Federalist Society who served as a counselor to Texas Attorney General Ken Paxton, defending cases on conservative causes celebre like voter ID laws and school prayer. He then became Cruz’s chief of staff before joining Trump’s DOJ, and earlier this year he was appointed as an assistant U.S. attorney in the northern district of Texas.

Jordan von Bokern clerked for Judge Amy Coney Barrett, recently named to the U.S. Supreme Court, before being appointed counsel in the DOJ’s Office of Legal Policy, which directs initiatives such as coordinating judicial nominations with the White House. In April, he was converted into a career trial attorney. Michael Holley was a regional director for the Florida Republican Party, helped run the 2016 GOP convention and then worked on the inauguration before being hired for White House special projects. In 2019, he was appointed White House liaison for the Department of Homeland Security, and earlier this year he became a staff action officer in the Office of Intelligence and Analysis, a career position.

Shah, Holley, von Bokern, and the Department of Justice did not respond to a request for comment.

One of the highest-profile positions went to Tracy Short, who built his career in government litigating immigration cases, mostly in Texas. In 2017, he became principal legal advisor to Immigration and Customs Enforcement as it embraced a hard line on deportations. And in July, he was appointed chief immigration judge at the DOJ’s Executive Office for Immigration Review — a prosecutor now running a court system that decides asylum cases.

Denise Slavin, a former president of the National Association of Immigration Judges who retired last year after 24 years on the bench, said that under Short, the agency has accelerated filing deadlines in a way that gives judges less discretion to consider the facts of each case.

“He just doesn’t have the courtroom experience to be a chief judge,” Slavin said.

Short referred questions to EOIR spokeswoman Kathryn Mattingly, who disputed that characterization.

“Just as former United States Attorneys are sometimes appointed to federal judgeships and former Solicitors General and Attorneys General have been appointed to the Supreme Court, there is nothing improper about appointing the former ICE Principal Legal Advisor to the CIJ position, particularly when that individual has had an extensive and exemplary career in public service, including nearly 20 years of immigration and management experience,” Mattingly wrote in an email.

Short’s position, as well as other recent Trump appointees to the immigration apparatus at the DOJ, will survive the transition. It’s possible to dislodge career employees by transferring them elsewhere, but it will take a conscious effort by an administration that’s already got 4,000 political appointments to make even before it gets to the career service jobs.

The Trump administration could speed up the replacement of civil servants before inauguration because of an executive order the president issued in October. It creates a new “Schedule F” category for career employees who have policy-making or policy-advocating roles, and it weakens their employment protections to the point where they could be booted for their political views.

Ron Sanders, a longtime federal government human resources executive who now chairs an OPM advisory body called the Federal Salary Council, said the Trump administration still has plenty of time to act on that order in its final weeks.

“I have been contacted by dozens of regular civil servants slated to be converted into Schedule F,” Sanders said, “which means they could be removed with little or no procedural protection or due process. And they could be replaced by somebody else.”

Federal employee unions have supported a bill that would block implementation of Schedule F, but Sanders noted that Biden may want to keep it in place long enough to reverse any career appointments made in the waning days of Trump’s term.

Last week, House Democrats sent a letter to 61 federal agencies asking for more detailed information on political appointees who have been hired into career jobs, as well as positions newly designated as Schedule F. Senate Democrats have made similar requests to OPM, but they say that the response has been incomplete. OPM did not respond to a request for comment.

Overall, some progressive advocates don’t think the conversion of political appointees into career positions will be as deep or as influential as it was in the second term of the Bush administration, when 139 officials found their way into civil service jobs, the GAO reported. However, even a few people can make a difference.

“Bureaucrats can slow down the administration’s policy efforts. It’s minor, but the more of them there are, it’s sort of cumulative,” Hartl said.

And even if the number of conversions doesn’t seem unusually high, the types of positions are more political than in the past. But since the documents are not released publicly and so many names are redacted, it’s difficult to tell who’s ending up where until the transfer is approved. For that reason, Troy Cribb, director of policy for the nonpartisan Partnership for Public Service, thinks the OPM’s burrowing lists should be more transparent.

“Having eyes on this is part of the accountability,” Cribb said. “And not having these be public really undermines that.”

“The planet is broken,” UN chief says

As if we didn’t have enough reasons to hate 2020, the United Nations just offered one more.

On Wednesday, the U.N. and the World Meteorological organization released a report on the “state of the climate” and – surprise, surprise – it looks bleak. The year from hell is on course to be the third warmest on record, viruses arejumping out of nature to attack us, and the world has already warmed 1.2 degrees Celsius since pre-industrial times.

“To put it simply, the state of the planet is broken,” said U.N. Secretary-General António Guterres, in a speech at Columbia University. “Humanity is waging war on nature.”

The report lays out some of the most devastating – and shocking – effects of climate change over the past year. Heavy rain and flooding overwhelmed large areas of Africa and Asia, searing heat surged across even the coldest regions of the globe (a town in the Arctic circle recorded a temperature of 100.4 degrees in June), and the Atlantic Ocean spawned a record 30 named storms.

And even though humanity pumped slightly less carbon dioxide into the atmosphere this year as a result of the COVID-19 lockdowns, the concentration of greenhouse gases in the atmosphere continues to rise. The report says that the three largest contributors to global warming – carbon dioxide, methane, nitrous oxide – all reached new heights in 2020.

While governments have offered big promises for how they’re going to combat the crisis, those pledges have yet to turn into action to match the scale of the problem. “Climate policies have yet to rise to the challenge,” Guterres said. “Emissions are 62 percent higher now than when international climate negotiations began 1990.”

According to another report released by the U.N. Environment Program and its partners, eight of the largest producers of fossil fuels (including the United States, Australia, India, and China) are planning to increase their production of coal, oil, and gas by 2 percent annually. That’s despite the fact that fossil fuel production needs to fall by 6 percent per year over the next decade to keep warming below 1.5 degrees Celsius.

Those eight countries account for 60 percent of the world’s overall fossil fuel supply, and if they follow through on their energy plans – most of which were in place before the pandemic – we can kiss the 1.5-degree goal goodbye. The report also shows that, despite widespread calls for recovery from the coronavirus pandemic to be “green,” the world’s richest countries (the G20) have committed much more stimulus money to producing and consuming fossil fuels ($233 billion) than to boosting green energy ($146 billion).

The numbers paint a dark picture, but the situation isn’t hopeless. Guterres said that countries need to start backing their promises with action before the next major climate meeting in Glasgow a year from now. “Every tenth of a degree of warming matters,” he said.

Real gun reform without Congress: Lawsuits demolish the “good guy with a gun”

Daniel “Bud” Williams was a 16-year-old high school basketball star shooting hoops outside his home in Buffalo, New York, when he was severely wounded in a drive-by shooting on Aug. 16, 2003 — a case of mistaken identity. More than 17 years later, just before Thanksgiving, he finally got the last full measure of justice, as Brady United announced a historic settlement with the gun distributor responsible for the gun that shot him — a “Saturday Night Special” Hi-Point 9mm semi-automatic pistol, one of 87 sold in a single illegal transaction. 

It was just one of several recent gun safety developments in which the gun industry and NRA rhetoric of “protecting Second Amendment rights” for “law-abiding gun owners” — for “good guys with a gun” to “stop a bad guy with a gun” — is diametrically opposed to the facts of the case. Instead, these cases, including the first to target untraceable “ghost guns,” point the way toward common sense, common-ground policies that gun owners themselves substantially support. 

In the Williams case, the distributor, a company called MKS, “agreed to significant reforms in distribution of guns, which is unprecedented,” Brady chief counsel Jonathan Lowy told Salon. 

“I’ve been litigating gun liability cases with Brady for 23-plus years now, and the position of gun manufacturers and gun distributors has always been, our only obligation is to sell a gun to someone legally,” Lowy explained. “In the settlement, MKS agreed to actually pay attention to its downstream sales, to take some action so that downstream dealers that it supplied would sell in a responsible manner. That’s a huge step forward.”

It’s also a huge step for the example it sets for others in the industry, and as a possible model for how regulations could be significantly strengthened to crack down on illegal gun trafficking — the kinds of regulations that NRA members themselves strongly support, in contrast to the industry-connected organization. As with the Day One Agenda I wrote about last weekend, no congressional permission is needed. President Joe Biden could dramatically improve gun safety simply by making this model of responsibility mandatory for all distributors.

It’s also a huge step in confirming that the Protection of Lawful Commerce in Arms Act (PLCAA), passed in 2005, does not shield the gun industry from all legal responsibility, despite widespread belief to the contrary. 

Bud Williams had nothing to do with gangs. He had nothing to do with guns. And he certainly had nothing to do with interstate commerce in guns — the constitutional foundation for PLCAA. But PLCAA played a key role in delaying justice for him, even after the New York Appellate Division ruled in 2012 that his lawsuit could proceed. The settlement announced on Nov. 24 marked the industry’s grudging acceptance of the reality of their responsibility — but it’s only one of several recent developments that are part of a broader shifting tide.

Common to all is the utter irrelevance — if not hypocrisy — of the gun lobby’s rhetoric about protecting the “Second Amendment rights” of “a good man with a gun.”

“The facts of Williams vs. Beemiller show how the criminal gun market gets supplied by irresponsible conduct of gun companies,” said Lowy. “And these are the very gun companies that the gun lobby seeks to protect, in its lobbying and through legislation like the Protection of Lawful Commerce in Arms Act. The gun lobby seeks that protection simply talking about the rights of law-abiding citizens and the need for ‘the good guy with a gun to take on a bad guy with a gun’. But the reality is the misconduct of gun companies is supplying bad guys with guns. And that’s what happened in this case.”

At an even deeper level, conservatives are supposedly champions of “individual responsibility.” But individual responsibility plays no role at all in how most of the gun industry operates, especially in this case. It’s always someone else’s fault. 

“The general view of the gun industry is, it’s not our job to determine whether somebody’s law-abiding or not, that’s the job of law enforcement,” Lowy explained. “So it’s not our responsibility to take any measures, or even to pay attention to indicators that show that they’re not law-abiding. If they’re not law-abiding, then let ATF arrest them.” There’s just one problem: “When that happens, it’s after people are shot and guns are out on the street and a lot of damage has been done. The gun companies are the ones who can take action before the damage is done.”

If they take personal responsibility, that is. And that’s what the settlement agreement called for. Specifically, “MKS agreed to promote and encourage all of its dealers to use what’s called the ‘Don’t lie for the other guy’ program, which helps identify and screen for illegal straw purchases,” Lowy said. “That has some protocols for dealers, that tells them things to look for in sales and also makes clear that if you have doubts about the legality of the sale, you don’t do the sale. 

“They also agreed they would not engage in any sales to non-licensed dealers or non-licensed sellers, and that they would not sell guns for resale, unless the buyer had a federal license,” which was a major violation in this case. There were strong “indicators” in the Williams case that these sales of almost 200 guns were “straw purchases,” involving buyers with no federal firearms license. 

The implicit argument, Lowy says, was, “Well we thought one of them was going to get a federal firearms license.” That’s no longer good enough. “Here MKS is saying that they will not sell a gun for resale unless a person actually has a license. So that’s a huge step forward.”

Even the general proposition that a gun distributor has specific responsibility is “really important,” Lowy continued. “If distributors around the country did that, that can have a huge effect in decreasing the flow of guns in criminal markets. Ideally, we will have distributors who all require the dealers they supply to sell guns in specific responsible ways. If they don’t do so, they cut off their supply.”

In addition to serving as a model for other litigation, the reforms Brady achieved in this settlement can be a model for legislation, at both the state and federal levels. “It’s also a model for enforcement,” Lowy said. “These are things that ATF and other regulatory agencies could and should require of gun dealers.”

The potential for executive regulatory action immediately made me think of The American Prospect’s Day One Agenda, which I wrote about on Thanksgiving weekend. Gun safety wasn’t explicitly part of that agenda, but easily could be.  “When President Obama was stymied on gun safety legislation, he decided to resort to executive action that was only marginally productive,” American Prospect executive editor David Dayen told Salon. “If there’s a more robust authority available that can crack down on gun trafficking, I’d say the Biden administration should capitalize on it immediately. Progress will be its own reward, as a policy matter and a political one.”

Done properly, there’s broader support for such reforms than you might think. “I’ve seen and heard of gun dealers who want to do the right thing, want to learn how to sell guns more safely,” Lowy told me. “I’ve heard from gun dealers over the years who’ve read about cases that we’ve brought at Brady, and have said ‘I’m going to change my practices to prevent that from happening in my store.'” Of course, the deterrent effect of litigation helps motivate more responsible conduct too. But it helps to make the most of voluntary buy-in. The lack of such buy-in lies at the heart of another recent ground-shifting case.

On March 20, 2016, in Mount Pleasant, Pennsylvania, a small town southeast of Pittsburgh, 13-year-old J.R. Gustafson was killed in an unintentional shooting by a boy who mistakenly believed the gun he was holding had been unloaded when the magazine was removed. The manufacturer’s careless disregard was underscored in Brady’s summary of facts about the case:

This tragedy of J.R. Gustafson’s death could have been prevented had the manufacturer included common practice safety features to the firearm, including a magazine disconnect safety feature, invented over 100 years ago to prevent precisely this type of tragedy, that disables a gun when the magazine is removed.

The suit Brady brought on J.R.’s parents’ behalf was initially dismissed, citing PLCAA, but in a decision on Sept. 28, a three-judge panel of the Superior Court of Pennsylvania held that PLCAA is unconstitutional in its entirety. It was the first appeals court to do so. 

Notably, the court deemed it unconstitutional on the same grounds that an earlier gun safety law was found unconstitutional: “The PLCAA, just like the Gun-Free School Zones Act, is unsustainable; it grants the gun industry immunity regardless of how far removed from interstate commerce the harm arises.”

Congress cannot usurp local regulatory authority without specific constitutional authorization — most commonly, as found in the Commerce Clause, which empowers it to “regulate Commerce … among the several States.” While PLCAA pretends to regulate interstate commerce, in reality, “The Act regulates litigation,” the court wrote, a point that Lowy underscored. “PLCAA is not a legitimate exercise of Congress’s Commerce Clause authority, because it simply regulates state governance, not commerce,” he said. 

“Unlike every other pre-emption law, PLCAA does nothing to require gun companies to act responsibly or meet any standards in their business,” he explained. What’s more, “PLCAA does not even bar or limit liability of gun companies — it simply directs states how they must make their liability law that applies to gun companies,” that is, by way of statute rather than common law, which is the centuries-old foundation of liability law in all 50 states. “That is not permitted by the Constitution, and is unsupported by the Commerce Clause.”

Significantly, the Second Amendment played almost no role in the decision. There was a brief, footnote-like discussion, “The Second/Fourteenth Amendments & Severability,” in which the court addressed an issue not raised by any of the parties: whether any Second Amendment right was at stake. The court’s ruling first cited the Supreme Court’s infamous 2008 Heller decision — the first to declare an individual right to gun ownership — and then said, “While these Defendants are American corporations, they are not ‘Americans’ as Heller used that term. Heller referred to the American People. The Gun-Industry Defendants [corporations] are [fictitious] ‘persons’ but not ‘people.’ Accordingly, they have no Second Amendment rights.”

On Dec. 3, the superior court granted a rehearing en banc — and the Pennsylvania Supreme Court and the U.S. Supreme Court could be next. Lowy does not sound worried by the lopsided predominance of conservative justices. “The court properly struck PLCAA down as unconstitutional mostly on federalism grounds, that Congress infringed on traditional state authority,” he said. “That is mostly viewed as a conservative position, and Justice [Antonin] Scalia was one champion of it. Conservative jurists, if they are applying conservative principles evenhandedly, should agree that PLCAA is an unconstitutional infringement on state authority.”

A third significant action is the filing of the first two civil suits by shooting victims against the “ghost gun” industry — makers of kits that can be used to quickly assemble fully functioning and completely untraceable firearms. The suits are being brought by victims of a November 2017 mass shooting in Tehama County, California, which left six people dead (including the perpetrator) and 18 injured (including five children). “In advertising their gun kits for sale in California, many of the defendants emphasize that no Brady background check or registration is required — unlike when buying a gun,” Brady notes in a forthcoming press release. The gun parts in such a kit have no serial numbers, so identifying the purchaser can be impossible. 

Here, once again, we see no trace in the law of protecting the “good guy with a gun.” It’s his opposite number, the “bad guy with a gun,” who’s being protected, as Lowy confirmed.

“The gun lobby claims that they oppose gun laws to protect law-abiding gun owners or Second Amendment rights,” Lowy noted. “But law-abiding gun owners have ample conventional guns that they can buy, after Brady background checks that keep guns from dangerous people — guns that have serial numbers to help law enforcement investigate crimes. Ghost guns are sought after by criminals who can’t buy guns legally, and who want guns without serial numbers or a paper trail.”

There’s an important public policy purpose in bringing this lawsuit, Lowy argued. “Although it’s obvious that ghost guns arm dangerous criminals and harm innocent people, the companies that make and sell ghost guns make profits without bearing any of the costs,” he said. “That’s why it’s critical that they be held accountable to victims. We hope to establish a legal precedent that ghost gun companies can be held accountable for injuries and deaths they cause, to bring some civil justice to these innocent victims, and to lead companies to sell guns more responsibly.”

The three cases cited above are hardly exhaustive. Another case whose settlement should be announced soon involves another gun industry loophole custom-made for the “bad guy with a gun”:  replica antique black powder guns (that are nonetheless fully functional). Collectively, what these cases show is how deeply dishonest the “good man with a gun” rhetoric really is. It’s not that such people don’t exist. But they’re not the people the NRA and the gun industry have been looking out for. 

Quite the contrary: They’ve been used as human shields to fend off gun safety activists and reasonable regulation, while the “bad man with a gun” demographic has been catered to for decades, as the body count continues to grow. With the NRA in crisis and the industry’s PLCAA bulwark teetering, the time is ripe for a historic, responsibility-focused shift in gun policy. And the fact that Congress is still paralyzed no longer matters all that much. Change is coming anyway. Perhaps it already has.

California finally acts to protect virus-threatened hospital workers

For months, health care professionals and union members up and down California pleaded with officials to mandate something that sounds so automatic, it should have been in place long ago: regular COVID-19 testing for hospital workers. For months, they received no response.

Now, finally, the California Department of Public Health (CDPH) has acted, with a Thanksgiving week announcement aimed at implementing such testing. But will its nonbinding recommendations really prompt the state’s health care behemoths to follow through?

When the story of the pandemic in 2020 is fully told, one of the chapters that will leave readers shaking their heads is the industry’s baffling inaction when it came to taking care of its own. Since February and March, hospital workers have been constantly exposed to patients who were either symptomatic or already diagnosed as being infected with the novel coronavirus — yet testing of those workers has been haphazard, erratic and nonuniform throughout California.

“One, it costs too much money. Two, it reveals consequences that are adverse for the bottom line — increased staffing levels, employees being quarantined,” said Sal Rosselli, president of the National Union of Healthcare Workers, in an interview with Capital & Main in August. By then, Rosselli had already been grinding for months to get a statewide testing system in place for hospital workers modeled after the one Gov. Gavin Newsom had established for the nursing home industry. (Disclosure: The union is a financial supporter of Capital & Main.)

Stories abounded all summer of employees who couldn’t get tested for COVID-19 at their own hospitals, despite their having been exposed to the virus and displaying symptoms suggesting they had become infected there. They had to find testing on their own instead, often at their own cost. Nurses and their unions filed lawsuits in California and elsewhere, claiming their employers were failing to protect them with such basics as fresh supplies of N95 masks because doing so was cutting into profits.

Walkouts and protests became common, and they continued well into November — unsurprising, considering the hospitals’ and the state’s utter lack of response to nurses’ safety concerns. The nurses have used their platform to draw attention to what they see as dangerously low staffing levels and the lack of access to testing.

What the new state guidelines mean, then, is enormously significant — in theory. In announcing the guidelines in a letter on Nov. 25, the CDPH said it was incorporating testing strategies informed by the Centers for Disease Control and Prevention (CDC). A link accompanying the letter did indeed lead to the CDC’s recommendations for testing. They have been in place since early July.

The CDPH’s guidelines recommend that general acute-care hospitals institute weekly COVID-19 testing for all health care workers, by Dec. 14. Critically, the department also recommends that every admitted patient be tested, starting immediately. There has been no such requirement for hospitals to test incoming patients, something advocates for physicians and nurses have pointed out for months.

“This is an amazing and welcome move,” said Zenei Triunfo-Cortez, an RN from the Bay Area and a president of both the California Nurses Association and its national parent organization, in a statement released by the union. (Disclosure: CNA is a financial supporter of this website.)

“We applaud California for being a leader in requiring this type of testing program … There are simply too many asymptomatic people with COVID, and without robust testing our hospitals will remain centers for spreading the disease, instead of centers of healing.”

* * *

Left unclear is how closely the hospital chains will follow CDPH guidance. Considering their reluctance all year to put in place testing programs for workers and patients that, while sensible medically, cost money, it’s fair to wonder whether the large, corporate-owned facilities will fall in line right away or take their time implementing the changes.

Certainly, there are forms to be filled out. Accompanying the CDPH letter was one such piece of homework, called the COVID-19 Mitigation Testing Plan, which acute-care hospitals were told to complete and submit to their local licensing district offices no later than Dec. 7. Again, however, it’s not clear what happens if a hospital simply blows past that deadline.

And in the larger picture, the CDPH’s Thanksgiving week missive is so long overdue that it’s difficult not to wonder how many hospital employees have had their own health needlessly put at risk through the long summer and fall. It’s worth repeating: The CDC recommended months ago that health care workers be tested regularly if they were even suspected to have been exposed to the virus.

In September, we told you the story of Mailinh Nguyen, a certified nursing assistant at Fountain Valley Regional Hospital near Huntington Beach, who learned after the fact that she’d been caring for a COVID-positive patient while wearing nothing more protective than a standard surgical mask. It was the perfect storm of mistakes: The hospital did not test incoming patients for the virus; it had no testing plan for its own workers; and when Nguyen informed her managers of the patient’s positive test, she says she was told to continue working while monitoring herself for symptoms.

“It would be great if all hospitals — not just ours, but all of them — would test all patients when they arrive,” Nguyen said at the time. “That’s one way to take care of the people who are caring for the patients.”

In the coming weeks, California’s nurses and physicians will learn whether the new state recommendations augur a change for the healthy when it comes to those who remain on the front lines of the pandemic.

Copyright 2020 Capital & Main

How Star Wars failed Ahsoka Tano on “The Mandalorian,” even beyond the casting controversy

On a recent episode of “The Mandalorian,” shockwaves reverberated throughout Star Wars fandom when Rosario Dawson donned the red-and-white makeup and signature montrals for her debut as Ahsoka Tano. In the episode, the Jedi interacted with Baby Yoda and later swung her dual lightsabers through laser fire to clash with a new villain, Magistrate Elsbeth (Diana Lee Inosanto). The Force should’ve been strong with Ahsoka’s long-awaited appearance, yet the fandom was split over the portrayal of the fan-favorite character.

Much had been riding on selecting just the right actress to portray the headstrong young Jedi of the Togruta race, who was first introduced to George Lucas’ Star Wars universe in the animated “Clone Wars” series created by Dave Filoni. The addition of Ahsoka, voiced by Ashley Eckstein, to canon was both risky and game-changing as the apprentice to Anakin Skywalker, who would someday become the infamous Darth Vader. Despite an initial rocky reception, her snark, her insecurities, and her badassery won the hearts of many Star Wars fans, including skeptics like me, especially since Ahsoka was the first onscreen female Jedi with a complex coming-of-age arc that included challenging the Jedi institution that raised her. 

Once Ahsoka’s voice was heard offscreen in “Rise of Skywalker,” anticipation to meet her in the flesh grew. The Disney+ series “The Mandalorian,” which takes place after the events of “Return of the Jedi,” was the most logical place for her leap into live action. Dawson had already expressed interest in playing Ahsoka as early as 2017, and although rumors of her casting abounded in the last few years, Lucasfilm never confirmed them. 

The arrival of Dawson as Ahsoka in the episode “Chapter 13: The Jedi” should’ve been cause for rejoicing. Unfortunately, it was marred due to controversy attached to her casting, in addition to qualms with her performance.


Transphobic accusations against Dawson


Although Dawson is a popular and acclaimed actress who has conquered genre fandom in both the DC and Marvel universes, the possibility of her entry into the Star Wars galaxy came under fire early on due to troubling accusations. In 2019, transgender handyman Dedrek Finley filed a civil lawsuit accusing Dawson of holding him down while her mother beat him, as well as accusing her family of misgendering and deadnaming abuse. 

According to Vanity Fair, 18 of the 20 claims were withdrawn voluntarily without a settlement, and the remaining claims concern the alleged physical altercation. In a follow-up interview, Dawson denied the accusations.

However, doubts about Dawson’s true feelings and actions linger in the fandom. When it comes to the financial dynamics between a wealthy celebrity and a transgender employee and how court cases historically fail transgender people, the power imbalances shouldn’t be ignored. 

In addition, those who let loose defensive rhetoric to such accusations render these fandom spaces unsafe for transgender fans. Some insist that Dawson’s queer identity and her public support for the LGBTQ+ community disproves Finley’s narrative. However, that relies on the misconception that those in LGBTQ+ circles cannot commit transphobia. In the words of Josefina Vineyard, a Star Wars fan quoted in Vanity Fair, “It is simply more realistic to assume that if one is accused of something so common as transphobia, that there is likely merit to that.” 


Lucasfilm’s disturbing silence

I do not have easy answers on how Lucasfilm should have responded to the situation. For months the press reported on the rumors of Dawson’s casting, but the studio stayed mum. I suspect that this was strategic silence to not spoil Ahsoka’s arrival, but this secrecy came at the expense of its audience members contending with the uncertainty. 

I wish during that wait Lucasfilm at least addressed the accusations while establishing concrete actions to be inclusive and cognizant of fandom concerns. And if recasting was possible on time, it would have been the safest path to avoid hurting transgender fans while Finley’s accusations were still pending.  And even if his remaining two claims are dismissed or withdrawn, the studio still shouldn’t shrug off fans’ vocal concerns as wrong and invalid. As long as the court system continues to fail transgender people, these clouds will remain.

There’s still the task of pushing Lucasfilm to listen and address their marginalized audience. But until then, fans have taken it upon themselves to counter the toxicity and support their transgender compatriots. The GoFundMe campaign “Trans Rights are Human Rights: This is the Way,” which benefits the Transgender Law Center, was created in response to “Mandalorian” cast member Gina Carano’s dismissive tweets against pronoun courtesy. 

A more conservative Ahsoka

While acknowledging the casting controversy, many critics still praise the return of Ahsoka. In the series, the titular Mandalorian, Din Djarin (Pedro Pascal), travels the wide galaxy while caring for an alien Yoda-species youngling (dubbed “Baby Yoda” in popular culture) who has mysterious powers he doesn’t understand. By Mandalorian creed, Din must return the child to its kind, a Jedi in this case, who can raise the child as well as explain the Force. The Jedi he approaches to hopefully take on this role turns out to be none other than Ahsoka.


While it may seem nitpicky, I was among those fans who harbored mixed feelings about this version of Ahsoka. Her alien-montrals appears shrunken for practicality of movement and looked foamy on camera. But above all else, the episode produced a rather conservative depiction of Ahsoka, not utilizing her much beyond the shell of a Jedi wisewoman. 

This Ahsoka espouses the “fear and anger leads to the dark side” doctrine common among the old Jedi without much variation. In contrast, it was far more tantalizing to witness an animated Ahsoka second-guessing her Jedi identity throughout “The Clone Wars” and “Star Wars Rebels.” 


This restraint is not necessarily a negative nor is it out of character though, rather a byproduct of the series, which is anchored to the Mandalorian’s point of view. Therefore, Ahsoka is treated as a mystic figure to observe from the distance, and after time has passed, it’s likely that she’s reached a point where she made peace with her identity crisis. At her best, Dawson wears calm and mature professionalism with touches of sanguinity, such as when she smiles and communes with The Child – now named Grogu – through the Force. 


An uninspired performance and storytelling

Ahsoka’s well-earned maturity aside, many other aspects of this Ahsoka don’t quite sing onscreen. When Dawson delivers lines like “I’ve seen what such [angry] feelings can do to a fully trained Jedi Knight,” it ought to be loaded with heartbreak (whether or not not the viewer knows her history), but the weight does not sink in.

Filoni had helped create the original, younger Ahsoka for “Clone Wars,” and he continues with her evolution as the writer and director of this episode. But his animation background and lack of previous live-action experience was already noticeable in the two previous “Mandalorian” episodes he directed, and can still be felt here. Dawson’s performance may have benefited from different direction and prompting.

Some fans felt that this flatness could’ve been avoided if the series had just cast the original voice actress, Eckstein, to reprise the live-action Ahsoka, just as Katee Sackoff reprised her animated character Bo-Katan Kryze for “The Mandalorian.” I can’t pretend to not share this sentiment since Eckstein’s soothing voice cinched Ahsoka’s likability, but Ahsoka is coded as a woman of color. Lucasfilm putting faith in a newcomer of color to physically embody an iconic Star Wars character could have paid dividends. 

But that didn’t happen, and sadly, Filoni’s storytelling choices didn’t help endear this version of Ahsoka either. While Ahsoka’s climactic saber fight against Elspeth is thrilling – reminding me of the atmosphere of the best of Genndy Tartakovsky productions – Ahsoka’s actions felt off. Watching Ahsoka flick her wrist to trip her enemy, bat her lightsaber, pop up behind adversaries, and spring roof to roof – I felt could be snappier when executed in animation. I suppose that awkwardness could be chalked up to a shaky live-action direction, although previous “The Mandalorian” directors Rick Famuyiwa and Deborah Chow succeeded better. 


I also found it unproductive for Ahsoka to name-drop a famous Star Wars legendary villain, Grand Admiral Thrawn, to tease a new antagonist. This fan service disturbed the charm of the series by crossing a line since there was no indication this villain would be relevant to the adoptive father-son story at the series’ emotional core. And while it would be fun to think about another unresolved mystery in “Star Wars Rebels”, which Ahsoka was involved in, it shouldn’t be done at the expense of Din Djarin and Grogu’s story. It would have been more tantalizing for Ahsoka to leave her question at “Where is your master?” and omit the answer.


It’s uncertain whether we’ll see Ahsoka on “The Mandalorian” again. While fans are glad Filoni had his chance to direct his own beloved creation and experiment with her, I would be interested to see new directors – especially female directors since “The Mandalorian” only has a ratio of two female directors to seven male directors so far – and more female writers be entrusted with the character. 

I’m open to seeing Ahsoka morph and evolve across mediums. But for now, I believe I’ve already witnessed Ahsoka realize her fullest potential in animated form.

“The Mandalorian” airs new episodes on Fridays on Disney+. 

What’s new on Netflix in December from “Big Mouth” & Chadwick Boseman to a bearded George Clooney

December has arrived, so ’tis the season for holiday movies. “Happiest Season,” over on Hulu is probably the splashiest to hit the small screens this year, but on Netflix “Dash & Lily” — featuring Austin Abrams, Dante Brown, Midori Francis and Troy Iwata — is a sweet (but not saccharine) series about two destined-to-be strangers who trade messages and dares in a red notebook they pass back and forth around New York City.

Kurt Russell dons a Santa hat again in “The Christmas Chronicles 2,” where he and Mrs. Claus (Goldie Hawn) fight back against Belsnickel, a mysterious troublemaker who threatens the future of the North Pole. And in “Dolly Parton‘s Christmas on the Square,” the singer has a role in a film about a small, snow-covered town that’s on the brink of being sold by a Grinchy businessman. 

But if holiday movies aren’t your thing, December is also a big month for reality television on Netflix. The streaming service announced that seasons of “The Challenge,” “Are You the One?,” “America’s Next Top Model,” “Black Ink Crew New York” and “Survivor” would be available in the coming weeks. 

There’s also a slate of “Jeopardy!” specials arriving this month as well — “Champion Run V,” “Champion Run VI,” “Teacher’s Tournament,” “College Championship” and “Tournament of Champions” — which feels like a fitting tribute to the late, great Alex Trebek. 

“The Holiday Movies That Made Us,” Dec. 1

The popular Netflix series, “The Movies That Made Us”  — which has told the stories behind classics like “Home Alone,” “Die Hard” and “Ghostbusters” — turns its attention to two modern holiday favorites, “Elf” and “Nightmare Before Christmas.” With the help of producers, crew members and superfans, viewers can, as Netflix puts it, “unwrap the real stories behind these iconic Christmas blockbusters.” 

“Alien Worlds,” Dec. 2

Directors Daniel M. Smith and Nigel Paterson draw from science fact and fiction (and a healthy dose of CGI) to imagine alien life on exoplanets, Earth-like planets that exist outside of our solar system — some of them trillions of miles away. “Alien Worlds” is a four-episode exploration of how we could apply what we know about life on Earth to visualize alien life. 

“Big Mouth,” Dec. 4

The third season of “Big Mouth” ended with . . . a lot: The popular kids got “child married.” Lola (Nick Kroll) was sexually harassed by the creepy teacher Mr. Lizer (Rob Huebel). Missy (formerly Jenny Slate, now with Ayo Edebiri recast) finally got a hormone monster — and was kissed by Nick (Kroll), which torpedoed his already-faltering relationship with his former best friend Andrew (John Mulaney). 

This season takes all that pubescent awkwardness and rage and sends it to summer camp. Along the way, the characters grapple with timely topics like code switching, obsessive compulsive disorder, panic attacks and hormone blockers. It’s a reminder that adolescence isn’t all fun and games. 

But with guest stars like Seth Rogen, Maya Erskine, Anna Konkle, John Oliver, Quinta Brunson and Lena Waithe — plus, the show’s now-signature raunchy humor — and it may (almost) make you miss middle school. 

“Mank,” Dec. 4

In David Fincher’s sharp black and white film, “Mank,” 1930s Hollywood is reevaluated through the eyes (and scathing wit) of screenwriter Herman J. Mankiewicz (Gary Oldman) as he races to finish “American,” the first draft of the screenplay that would become “Citizen Kane.” Oldman brings a sharp wit and a soft heart to the role of the veteran studio hack, who spends a portion of the movie laid up with broken leg and a serious drinking problem. 

“Selena: The Series,” Dec. 4

“Selena: The Series” tells the story of “Queen of Tejano music” Selena Quintanilla. When she was 23, she was fatally shot in the back by Yolanda Saldivar, the president of her first fan club. Three months later, her unfinished fifth album, “Dreaming of You,” topped the Billboard 200, and her legacy hasn’t diminished in the 25 years since. 

The series’ first nine episodes tell Selena’s story, from her birth to just as she’s hitting bigger stages, bolstered by her siblings, A.B and Suzette Quintanilla — who was an executive producer on the series — and her parents, Abraham and Marcella. (An announcement regarding the release of the final nine episodes is expected in the coming weeks.)

As executive producer Jaime Dávila told Salon, he wanted to use this series as an opportunity to examine the woman — and the family — behind the legend. 

“We think of Kacey Musgraves singing her. We think of Renee Zellweger thanking her in her Oscar’s speech, but all of those things are abstracted with the question, ‘How did this young Mexican-American girl from South Texas change the world?'” he said. “When you peel back the onion, as it were, you really find out that it’s a beautiful family story.” 

“The Surgeon’s Cut,” Dec. 9

“The Surgeon’s Cut” profiles four groundbreaking surgeons from around the world, each with a different speciality: fetal medicine, neurosurgery, transplant surgery and cardiology. Through the individual stories of these experts — who offer transparent views into their operation procedures and their personal journeys into medicine — viewers will gain a better understanding of how the human experience is changed by new medical discoveries and techniques. 

“Tiny Pretty Things,” Dec. 14

Based on the YA novel by Sona Charaipotra and Dhonielle Clayton, which they described as “‘Black Swan’ meets ‘Pretty Little Liars,'” this Netflix original series showcases the aftermath when a star student at an elite ballet school is attacked. Her replacement enters a cutthroat world where tough topics like jealousy, racism, sexual experimentation and eating disorders take center stage. 

“Song Exploder, Vol. 2,” Dec. 15

Hrishikesh Hirway, who created the podcast “Song Exploder,” returns with the second part of his TV adaptation that takes apart songs with the help of their creators and puts them back together step by step. This time around, he speaks to Dua Lipa about “Love Again,” The Killers about “When You Were Young,” Nine Inch Nails about the haunting “Hurt,” and Natalia Lafourcade about “Hasta La Raiz.”

“The Ripper,” Dec. 16

In the late 1970s, The Yorkshire Ripper threw the West Yorkshire Police Department into chaos. The case of the serial killer, who murdered 13 women between 1975 and 1980, was one of the largest ever conducted by a British police force and law enforcement was criticised for being unprepared for such an important investigation.  

This Netflix original series chronicles the turbulent investigation, which bore striking similarities to that of the infamous serial killer, Jack the Ripper, who committed a killing spree in London in 1888. 

“Ma Rainey’s Black Bottom,” Dec. 18

This Netflix adaptation of “Ma Rainey’s Black Bottom” — based on the play of the same name by August Wilson — is set in 1927 Chicago. There, tensions rise when the trailblazing Mother of the Blues, Ma Rainey (Viola Davis), and her band gather at their recording studio. There, her ambitious trumpeter, Levee (Chadwick Boseman in his final posthumous role), wants to launch his own career by modernizing Ma’s old-fashioned music. 

“The Midnight Sky,” Dec. 23

A very bearded George Clooney stars as a lonely Arctic scientist in this post-apocalyptic tale, which is based on Lily Brooks-Dalton’s acclaimed novel “Good Morning, Midnight.” He races to stop astronaut Sully (Felicity Jones), and her team, before they embark on a doomed trip home, where a mysterious global catastrophe has occurred. 

“Bridgerton,” Dec. 25

In this Shondaland production — which was created by “Scandal” writer and producer Chris Van Dusen —Daphne Bridgerton (Phoebe Dyvenor), the eldest daughter of the powerful Bridgerton family, makes her debut onto Regency London’s competitive marriage market. But as her older brother begins to rule out potential suitors, and as a mysterious Lady Whistledown (voiced by Julie Andrews) spreads rumors implicating Daphne in scandalous behavior, her chances at romance seem further and further out of reach. 

While the series is based on and inspired by the bestselling novels by Julia Quinn, the series features Shondaland signature touches such as color-conscious casting, backstabbing and scheming, feminism, LGBTQ storylines, and plenty of sex. Jane Austen’s Regency romance, this is not. 

Here is everything coming to Netflix this month: 

Dec. 1

“Angela’s Christmas Wish”
“Angels & Demons”
“Are You the One”
“Chef”
“The Da Vinci Code”
“E.T. the Extra-Terrestrial”
“Effie Gray”
“50 First Dates”
“Gormiti”
“The Happytime Murders”
“The Holiday Movies That Made Us”
“Ink Master”
“Jurassic Park”
“Jurassic Park III”
“Kung Fu Panda 2”
“Little Nicky”
“The Lost World: Jurassic Park”
“Monster House”
“Natalie Palamides: Nate – A One Man Show”
“Peppermint”
“Quigley Down Under”
“Runaway Bride”
“Super Wings” Season 3
“Stargate SG-1,” Seasons 1-10
“A Thin Line Between Love & Hate”
“3 Days to Kill”
“Transformers Rescue Bots Academy” Season 2
“Tyler Perry’s Madea’s Big Happy Family”
“Why Did I Get Married?”

Dec. 2
“Alien Worlds”
“Ari Eldjárn: Pardon My Icelandic”
“Fierce”
“Hazel Brugger: Tropical”

Dec. 3
“Break”
“Chico Bon Bon and the Very Berry Holiday”
“Just Another Christmas (Tudo Bem No Natal Que Vem)”

Dec. 4
“Bhaag Beanie Bhaag”
“Big Mouth” Season 4
“Bombay Rose”
“Captain Underpants Mega Blissmas”
“Christmas Crossfire (Wir Können Nicht Anders)”
“The Great British Baking Show: Holidays” Season 3
“Kings of Joburg” Season 1
“Leyla Everlasting”
“Mank”
“Pokémon Journeys: The Series” Part 3
“Selena: The Series”

Dec. 5
“Detention”
“Mighty Express: A Mighty Christmas”

Dec. 7
“Ava “
“Manhunt: Deadly Games”

Dec. 8
“Bobbleheads the Movie”
“Emicida: AmarElo – É Tudo Para Ontem”
“Lovestruck in the City”
“Mr. Iglesias” Part 3
“Spirit Riding Free: Ride Along Adventure”
“Super Monsters: Santa’s Super Monster Helpers”
“Triple 9”

Dec. 9
“Ashley Garcia: Genius in Love: Christmas”
“The Big Show Show: Christmas”
“Rose Island (L’Incredibile storia dell’Isola Delle Rose)”
“The Surgeon’s Cut”

Dec. 10
“Alice in Borderland”

Dec. 11
“A Trash Truck Christmas”
“Canvas”
“Giving Voice”
“The Mess You Leave Behind (El desorden que dejas)”
“The Prom”

Dec. 14
“A California Christmas”
“Hilda: Season 2”
“Tiny Pretty Things”

Dec. 15
“Black Ink Crew New York” Seasons 1-2
“The Challenge” Seasons 10 and 13
“Grizzlies”
“The Professor and the Madman”
“Pup Academy” Season 2
“Song Exploder: Volume 2”
“Teen Mom 2″ Seasons 1-2”

Dec. 16
“Anitta: Made in Honorio”
“Break It All: The History of Rock in Latin America”
“How to Ruin Christmas: The Wedding”
“Lee Daniels’ The Butler”
“Nocturnal Animals”
“The Ripper”
“Run On”
“Vir Das: Outside in — The Lockdown Special”

Dec. 17
“Braven “

Dec. 18
“Guest House”
“Home for Christmas” Season 2
“Jeopardy! Champion Run V”
“Jeopardy! Champion Run VI”
“Jeopardy! Teacher’s Tournament”
“Jeopardy! College Championship”
“Jeopardy! Tournament of Champions”
“Ma Rainey’s Black Bottom”
“Sweet Home”

Dec. 20
“Rhys Nicholson Live at the Athenaeum”

Dec. 21
“The Con Is On”

Dec. 22
“After We Collided”
“London Hughes: To Catch a D*ck”
“Rhyme Time Town Singalongs”
“Shaun the Sheep: The Farmer’s Llamas”
“Timmy Time” Season 2

Dec. 23
“The Midnight Sky”
“Your Name Engraved Herein”

Dec. 25
“Bridgerton”

Dec. 26
“Asphalt Burning (Borning 3)”
“DNA”
“Fast & Furious Spy Racers: Season 3: Sahara”
“Go! Go! Cory Carson” Season 3
“The Magic School Bus Rides Again in the Zone”

Dec. 27
“Sakho & Mangane” Season 1

Dec. 28
“Cops and Robbers”
“Rango”

Dec. 29
“Dare Me” Season 1

Dec. 30
“Best Leftovers Ever!”
“Equinox”
“Transformers: War for Cybertron Trilogy: Chapter 2: Earthrise”

Dec. 31
“Best of Stand-Up 2020”
“Chilling Adventures of Sabrina: Part 4”

Boeing 737 Max crashes were not isolated events. They’re the result of deregulation

The Federal Aviation Administration recently declared the Boeing 737 Max is safe to fly. Still, American consumers are nervous. And they should be. International regulators – from Canada, Europe, Brazil and China – have taken the unusual step of refusing to accept the Federal Aviation Administration’s approval, insisting instead on conducting their own reviews.

They don’t trust the FAA. And if they don’t, why should we? The two deadly 737 Max crashes – the first in 2018 from Indonesia’s Lion Air, and the second, several months later in 2019, from Ethiopian Airlines – reflected dangerous inadequacies with FAA oversight, and, more broadly, dysfunction across the American regulatory system.  

In the aftermath of the crashes, the Joint Authorities, an FAA-commissioned investigatory body with experts from NASA and international aviation authorities, targeted faulty navigation systems and blamed them, in part, on the FAA’s abdication of regulation in favor of self-regulation. Nearly all aspects of certifying the 737 Max were in Boeing’s hands, not the FAA’s, the Joint Authorities found, and the company’s self-regulation program was shot through with “conflicting priorities and an environment that does not support FAA requirements.”

The 737 Max crashes were not isolated events, however. Corporate disasters connected to deregulation and undue reliance on self-regulation are depressingly frequent: Collapsed mines, pipeline spills, food and water contamination scares, consumer fraud, cancer clusters, fires, crashes, and explosions. The Deepwater Horizon disaster and Wall Street’s 2008 meltdown resulted in part from deregulation and failed self-regulation. Big tech monopolies and the climate crisis are both spiraling due in part to industries’ success in keeping regulators at bay.

Part of that success has been rooted in the surface appeal of self-regulation, which corporations leverage to fight for deregulation. Trotting out increasingly ambitious commitments to the environment and social responsibility, companies claim they should be trusted to respect social and environmental values rather than compelled by law to do so; that they should be left to self-regulate rather than be regulated. Which helps them push harder, and more successfully, to free themselves from regulatory oversight.

JP Morgan Chase’s Jamie Dimon and his Business Roundtable recently called upon major companies to broaden their mandates by serving the interests of workers, communities and the environment, not only shareholders. Yet the Roundtable and the companies that constitute it vociferously fight, without any sense of contradiction, or even irony, to rollback regulations designed to protect workers, communities, and the environment. In 2017, for example, the organization lobbied the Trump administration to cut, among other things, ozone and coal-fired plant emission standards, clean water rules, worker overtime and fair pay requirements, and net neutrality rules.  

Corporations fight regulation because it’s good for their bottom lines to do so. In the absence of regulation, they can create their own standards and decide when and how to follow them, rather than being bound by government’s mandatory dictates.  Shifting from regulation to self-regulation is good for business. But, as the 737 Max crashes along with other deregulation disasters show, that doesn’t mean it’s good for the rest of us.

Self-regulation programs are profoundly limited and weak because companies’ overarching imperatives to prioritize profit and shareholder value necessarily trump meaningful protection of public interests. The former must always come first, the latter last. Which is why, as the economist Willem Buiter describes it, “self-regulation stands in relation to regulation as self-importance stands in relation to importance, and self-righteousness to righteousness.”  Or, more ominously, in the words of the official post mortem of the Deepwater Horizon disaster, “industry self-policing is not a substitute for government….and the cost of forgetting that essential premise can be calamitous.”

Only governments can provide robust protection of public interests – independent, mandatory, and enforceable. Corporate self-regulation is a dangerous illusion propagated by companies wanting to lighten their regulatory load, and lobbied for behind a deceptive guise of good intentions.

As Joe Biden prepares to occupy the White House, remaking the regulatory system will be among his top priorities. His early steps have been positive (vowing, for example, to reverse Trump’s rollbacks of energy and climate regulation) but he’ll need to do more, and more broadly: to foster robust and effectively enforced standards; agencies with integrity and independence; resilience in the face of industry lobbying and pressure; and a highly skeptical eye towards self-regulation. One can only hope Trump’s four-year attack on the regulatory system will take its place in history as a kind of tipping point, the needed impetus for bold and far-reaching change to create a new and better system. 

Bill Barr bans Trump aide from entering DOJ building following post-election pressure campaign

Within the past two weeks, as President Donald Trump spread lies about voter fraud and refused to accept his loss of the November election, White House liaison Heidi Stirrup was barred from the U.S. Department of Justice building in the nation’s capital for pressuring staff to give her inside information about investigations into election fraud and other issues, the Associated Press revealed Thursday.

The move came just a few months after Stirrup “was quietly installed” to serve as the president’s “eyes and ears” at the department, according to the AP, which noted that she is a close ally of Trump senior adviser Stephen Miller, the mastermind behind the administration’s cruel immigration agenda. Stirrup was previously acting director of the Office of Refugee Resettlement and a deputy White House liaison at the Department of Health and Human Services.

“Stirrup had also extended job offers to political allies for positions at some of the highest levels of the Justice Department without consulting any senior department officials or the White House counsel’s office and also attempted to interfere in the hiring process for career staffers, a violation of the government’s human resources policies,” the AP reported.

The outlet noted that though she was told to vacate the premises, Stirrup “technically still remains in her position after being placed at the Justice Department by the White House Office of Presidential Personnel.” The report broke as the White House on Thursday announced her appointment to the board of visitors to the United States Air Force Academy.

Along with Stirrup’s appointment, Trump announced several others—including lobbyist Brian Ballard to the board of trustees of the John F. Kennedy Center for the Performing Arts and lobbyist Jeffrey Miller to the United States Holocaust Memorial Council.

Regarding those two appointments, the Daily Beast reported that “the apparent parting gift for two of the president’s most lavish financial supporters installs them in largely ceremonial roles where they will serve well into President-elect Joe Biden’s administration.”

While Biden is assembling his administration in the lead-up to his inauguration planned for January 20, Trump continues to tweet baseless allegations about election fraud and file lawsuits contesting the results—even though his own attorney general, William Barr, told the AP earlier this week that the DOJ has seen no evidence of voter fraud that would change the outcome.

The interview sparked speculation that Barr will soon become just the latest official to be fired for defying the president, as well as surprise. The watchdog group Citizens for Responsibility and Ethics in Washington (CREW) tweeted: “Not even AG Bill Barr, one of Trump’s most notorious enablers, is willing to keep up the pretense of fraud in the 2020 election. That says a lot.”

Trump fired back on Thursday, telling reporters during an unrelated event in the Oval Office that Barr “hasn’t done anything” about the president’s unfounded allegations of election fraud and that DOJ officials “haven’t looked very hard, which is a disappointment, to be honest with you.”

Meanwhile, Wisconsin’s right-wing Supreme Court on Thursday declined to hear one of the many lawsuits that the Trump campaign has filed in an effort to throw out legally cast ballots. This particular case, filed earlier this week, is about more than 221,000 ballots in two of the state’s most Democratic counties.

Economist Paul Krugman predicts GOP budget hawks will make a raging comeback in 2021

Liberal economist Paul Krugman, in his New York Times column as well as his Twitter posts, has often stressed that Republicans in Congress have a double standard when it comes to the federal deficit — which they are silent amount under GOP presidential administrations but suddenly become obsessed with after a Democratic president is sworn in. And in a Twitter thread posted on December 2, Krugman predicts that the GOP budget hawks will magically rediscover fiscal conservatism after President-elect Joe Biden is sworn in on January 20.

Krugman explains:

Krugman, on many occasions, has pointed out that the same Senate and House Republicans who had nothing to say about the federal deficit during President George W. Bush’s eight years in the White House suddenly became obsessed with it after President Barack Obama was inaugurated in January 2009 — only to grow silent again under Donald Trump’s presidency. The United States’ federal deficit has been enormous under Trump, but according to Krugman’s columns and tweets, it will take a Biden presidency for Republicans to start paying attention to the deficit once again.

In his thread, Krugman notes that the Congressional Budget Office’s debt projections are “driven largely by the assumption that rates will rise a lot.” The economist adds, however, that according to economists Jason Furman and Larry Summers, the CBO’s “rate increase” projections “haven’t happened”:

Here are some responses to Krugman’s thread:

 

We are in the greatest cataclysm of our history: It’s not an SNL skit

I was thinking earlier in the week that I would sit down today and write a light-hearted column poking fun at Rudy Giuliani, lampooning Trump’s whine-o-rama Facebook speech on Wednesday, taking a shot at Mike Flynn for calling on Trump to impose martial law and suspend the Constitution and order a whole new election. It’s all been a bit too much this week, hasn’t it? None of the regular descriptions fit: train wreck, clown car, dumpster fire, SNL skit. I’m so tired of exclaiming “unbelievable” as I read the day’s newspaper and watch the news that my lips are cracked and I’m losing my voice. 

It’s not funny anymore. I’ve watched the continuing collapse of our national health and economy with abject horror. We are going through the greatest cataclysm the world has seen since the Great Depression. More people are now dying each day than we lost on 9/11. On Thursday, there were more than 200,000 new COVID cases. Over 100,000 people are now hospitalized. About 3,000 people are dying every day from the virus, meaning that we are approaching 100,000 deaths per month. CDC director Robert Redfield, who appears to have regained the use of his vocal chords since Trump was defeated, told a virtual conference of the U.S. Chamber of Commerce on Wednesday that “before we see February, we could be close to 450,000 Americans hav[ing] died from this virus.” That means more than a half-million of us will have died before vaccinations are widely available. 

Nearly 714,000 people filed for unemployment last week, a slight drop from the week before, but “it’s still bad,” said Diane Swonk, chief economist at the accounting firm Grant Thornton in Chicago, according to a report in The New York Times. “The fact that more than eight months into the crisis initial claims are still running at such a high level is, in absolute terms, bad news,” said Joshua Shapiro, chief U.S. economist at the consulting firm MFR. “Moreover, with the pandemic again worsening, it is likely that claims will remain quite elevated for some time to come.”

About 23 million Americans are currently receiving unemployment benefits, according to Department of Labor data. More than half of them, 13.5 million, will stop receiving benefits at the end of the year, according to CNBC. “There’s going to be an enormous cliff at the end of the year,” said Stephen Wandner, a labor economist and senior fellow at the National Academy of Social Insurance. Millions of people will lose the rent protections of the CARES Act and face eviction from their homes. Tens of thousands of small businesses may close. That’s on top of the businesses that have already closed since the onset of this disaster. 

We are facing an economic collapse of untold proportions. We are already in a health crisis greater than anything we’ve seen since the Spanish flu epidemic of 1918. We’ve been in both crises for nine months, and what has the federal government done since passing the CARES Act in March?

Nothing.

Well, the House passed a new $2.2 trillion stimulus bill back in October, but Senate Majority Leader Mitch McConnell, who has famously and, as it turns out, accurately referred to himself as “the Grim Reaper,” has refused to take it up in the Senate. Now there is word that a bipartisan group of senators and representatives have signed on to a new bill amounting to about $900 billion that would provide some relief to people struggling to pay their rents, find a job and feed their families, but so far McConnell has ignored the proposal.

What’s going on here? We are a country with the greatest economy in the world. We are, and have been, the red-hot center of invention and innovation for over a century. Everything that has contributed significantly to modern life, from the telegraph to the telephone to the automobile to the airplane to the television to the computer to the cell phone to the goddamned memory foam mattress, was invented here. Most of the advances in health care over the last century, from vaccines to open heart surgery to cancer care to gene splicing and even surgery on fetuses in the womb, were invented here and developed into procedures that are used all over the world. 

And we can’t come together as a country to protect ourselves by wearing simple masks to keep ourselves and others healthy?

This isn’t just Donald Trump’s fault, although his abject lack of leadership during the coronavirus pandemic has certainly contributed to the ongoing disaster it has become. This is our fault. We elected the gaggle of goofballs in the Congress who have been sitting around, like Georgia Sen. David Perdue, trading stocks and profiting from the very crisis they refused to deal with as they pull down taxpayer-funded salaries and enjoy tax payer-funded health care. We — and by “we” I mean us and our fellow citizens — voted these idiots into office. We voted for them in 2016, we voted for them again in 2018, and we just voted for them again in November. They are ours. Donald Trump, at least until Jan. 20 of next year, is ours. This ongoing cataclysm around us, the tens of thousands of people dying every month, the hundreds of thousands sick in bed or struggling to breathe in ICUs and emergency rooms, the millions who are out of work and standing in lines around the country at food banks struggling to feed their children, they are ours.

We can sit back in our blue states and wear our masks and limit our Thanksgiving dinners to our significant others and no one else, and we can congratulate ourselves that we have elected an honest, good man as our new president and an exciting young woman of color as our vice president, but that is not enough. With about 50 percent of the population telling pollsters that they will not get the vaccine once it becomes available, we are probably looking at losing a million of our fellow citizens before this pandemic is behind us, and there is a chance it will never be completely eradicated the way polio and yellow fever have. This isn’t just a tragedy. It’s a crime.

We have to face up to the fact that we are living in a broken country and a broken world. The coronavirus pandemic is a message from a future that is already here. It’s a future of California wildfires that wipe out whole towns, a future of so many hurricanes in a single year they ran out of names for them, a future of wars that begin and never end, a future of air temperatures that melt whole continents of ice and kill oceans and food crops and beneficial bacteria, a future of water and air that sicken us, a future of diseases that will continue to make the leap between species and become harder and harder to cure, a future not of climate change but of climate eradication, a future that because we cannot come together and agree on basic science and a politics of compromise and cooperation will kill not just hundreds of thousands of us, but hundreds of millions. 

One way or another, it’s our future. We will have to live in it or die in it. Starting right now, it’s up to us.

The moral case for canceling student debt

President-elect Joe Biden promised to forgive at least some student debt during his campaign, and he now supports immediately canceling US$10,000 per borrower as part of COVID-19 relief measures.

Such proposals are likely to be quite popular. A poll from 2019 found that 58% of voters support canceling all federal student debt.

But there are those who question the idea of debt forgiveness and call it unfair to those who never took out student debt or already paid it off.

As an ethicist who studies the morality of debt, I see merit in the question: Should student debt be canceled?

The moral case against canceling

Educational debt is often regarded as an investment in one’s future. Millennials with a B.A., for instance, typically earn $25,000 more than those with a high school diploma. College education is also generally correlated with a variety of positive life outcomes, including physical and mental health, family stability and career satisfaction.

Given the benefits of college education, canceling student debt appears to some as a giveaway for those who are already on their way to becoming well-off.

Canceling debt also seems to violate the moral principle of following through on one’s promises. Borrowers have a moral duty to fulfill their loan agreements, the philosopher Immanuel Kant argued, because reneging on promises is disrespectful to oneself and others. Once people have promised to do something, he noted, others rely upon that promise and expect them to follow through.

In the case of federal student loans, a borrower signs a promissory note agreeing to pay back the government and, ultimately, the taxpayers. And so student borrowers seem to have a moral duty to pay their debts unless mitigating circumstances like injury or illness arise.

The moral case for canceling

Fairness and respect, however, also demand that society addresses the magnitude of student debt today, and especially the burdens it imposes on low-income, first-generation and Black borrowers.

Young people today start their adult lives burdened with much more student debt than previous generations. Almost 70% of college students now borrow to attend college, and the average size of their debt has risen since the mid-90s from less than $13,000 to about $30,000 today.

As a result, total outstanding student debt has jumped to over $1.5 trillion, making it the second largest form of debt in the U.S. after mortgages.

This explosion in student debt raises two significant moral concerns, as my student Justin Lewiston and I argue in an article published last month by The Journal of Value Inquiry.

The first concern is that the distribution of costs and benefits is very unequal. Fairness requires equal opportunity, as the philosopher John Rawls argued. Yet, while borrowing for education is supposed to create opportunities for students from disadvantaged backgrounds, those opportunities often fail to materialize due to educational challenges and wage gaps in the labor market.

Data show that low-income students, first-generation students and Black students face much greater struggles in repaying their loans. About 70% of those in default are first-generation students, and 40% come from low-income backgrounds. Twenty years after college, when white borrowers have repaid 94% of their loans, the typical Black student has been able to repay only 5%.

These repayment and default rates reflect significantly lower graduation rates for students in those groups, who typically need to work long hours while also in school and hence engage less with both the academic and nonacademic aspects of college.

But they also reflect significantly lower post-graduation incomes for such students, due in no small part to continuing social and racial wage gaps in the labor market. Black men with a bachelor’s degree make, on average, more than 20% less than white men with the same education and experience, though that wage gap is smaller for women. And first-generation graduates typically make 10% less than students whose parents graduated from college.

A second moral concern is that student debt is increasingly causing widespread distress and constraining life choices in significant ways. Consider that even before the pandemic, 20% of student borrowers were behind on their payments, and first-generation borrowers and borrowers of color are struggling even more.

The financial distress indicated by this high rate of delinquency is undermining both the physical and mental health of young adults. It prevents young adults from starting families, purchasing cars, renting or buying their own homes and even starting new businesses.

Unsurprisingly, these negative effects are disproportionately experienced by first-generation, low-income and Black student borrowers, whose life choices are especially restricted by the need to make loan payments.

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Avoiding moral hazard

Some analysts have argued, however, that canceling student debt will create a problem of moral hazard. A moral hazard arises when people no longer feel the need to make careful choices because they expect others to cover the risk for them.

For example, a bank that expects to be bailed out by the government in the event of a financial crisis thereby has an incentive to engage in riskier behavior.

Moral hazard can be avoided by combining student debt cancellation with programs that reduce the need for future borrowing, especially for first-generation students, low-income students and students of color.

One success story is the Tennessee Promise, a program enacted in 2015 to make tuition and fees at community and technical colleges free to state residents. This program has increased enrollment, retention and completion rates, while reducing borrowing by over 25%.

Ultimately, morality requires a forward-looking as well as a backward-looking approach to debt cancellation.

Looking backward at initial promises to repay can explain why people are generally required to pay their debts. But looking forward will enable policymakers to imagine how canceling student debt could help create a fairer society.

Kate Padgett Walsh, Associate Professor of Philosophy, Iowa State University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Joe Scarborough on Harry Truman, Donald Trump and what the hell happened to the Republican Party

Joe Scarborough, co-host of MSNBC’s “Morning Joe,” speaks bluntly when it comes to politics — be it about Donald Trump or about historical presidents like Harry Truman, the focus of his new book, “Saving Freedom: Truman, the Cold War, and the Fight for Western Civilization.” As expected, Scarborough didn’t hold back during our conversation on “Salon Talks.”

Scarborough, a former Republican member of Congress, began by doing what so few Republicans will do today: He spoke glowingly about a Democrat, in this case Truman. As Scarborough noted, Truman was ridiculed by the media and his political opponents as the “little man from Missouri” and with slogans such as, “To err is Truman.” Even Truman’s choice as President Franklin D. Roosevelt’s vice president in the 1944 election was less about Democrats being excited about Truman and more about wanting to dump the progressive Henry Wallace from the ticket. But after Truman was sworn in as president in April 1945 upon FDR’s death — just four months into his term as vice president — this “little man” rose up to accomplish the extraordinary.

As Scarborough explained, few presidents have been confronted with massive challenges like the ones Truman saw in his first term, with World War II raging in both the Atlantic and the Pacific. From there, Truman had to decide to use the atomic bomb — a weapon Roosevelt hadn’t even told Truman about — then deal with Soviet dictator Joseph Stalin’s ambitions to control much of postwar Europe. Truman worked doggedly, and generally in a bipartisan manner, to contain Soviet expansion, from providing support for Greece and Turkey to funding the immensely ambitious Marshall Plan to rebuild Western Europe to the “Truman doctrine” that led to the formation of NATO. Later in his presidency Truman would desegregate the U.S. military, which was unquestionably the right thing to do but made him deeply unpopular. 

While Truman famously kept a plaque on his desk reading, “The buck stops here,” Scarborough remarked that Trump is the exact opposite: He blames everyone but himself for his failures. Scarborough ripped Trump’s attacks on the 2020 election as a “political coup” and slammed Trump as a “fascist.” On some level, Scarborough seemed to be channeling the famous sentiment used to describe Truman’s unvarnished way of addressing issues: “Give ’em hell, Harry!” When asked about that expression, Truman reportedly said, “I never did give them hell. I just told the truth, and they thought it was hell.” I imagine if Truman were alive today, he’d give Trump hell over and over again, as Joe Scarborough has done. Watch my Salon Talks interview with Scarborough below, or read the following transcript of our conversation, edited as usual for clarity and length.

Joe, you’re a former Republican congressman. Tell us why your new book, “Saving Freedom,” is about a Democratic president. 

Well, it’s really interesting to back up even a little bit more off what I didn’t talk about in the book. When people ask me why I got into politics, I know they expect me to say, “Oh, well, I read something in the National Journal, or I read something in the Wall Street Journal that inspired me, or I loved Reagan and I loved Goldwater.” I was always sort of strange, I would read people that I didn’t necessarily agree with, that didn’t fit neatly into the worldview for my family and everything. I grew up reading Michael Kinsley of the New Republic and my political heroes were yes, Ronald Reagan, but also Bobby Kennedy. After I read Arthur Schlesinger’s biography on Bobby Kennedy and saw the extraordinary things he did, whether it was in Cape Town in June of 1966, or what he did in Indianapolis the night that Martin Luther King died, it inspired me because Kennedy was somebody who dared to bend history and make a difference. Harry Truman was the same way.

I liked the fact that both of those guys didn’t put up with BS. One of my favorite quotes about Bobby came from his father who said, “I love Bobby, he hates just like me.” Truman just didn’t put up with anybody’s malarkey, as Joe Biden would say. They were both tough, but they both did significant things to change the world. I talk about this in the book: In my congressional office I had two presidential portraits up, one was of Ronald Reagan, which surprised nobody since I was a small-government, libertarian, populist-type Republican in ’94, but the other was of Harry Truman. People would come in and they’d go, “Huh? What?” 

I love Truman, in part, because he was a guy who really aspired to great heights. I think he’s great example of American success story. The highest educational level he reached was graduating from Spalding Commercial College. He was mocked his entire life. The only reason he got to run for the Senate was because the first four people his political boss wanted to run, wouldn’t run. So he ran, ended up shocking people and got elected in 1934, then ran for re-election in 1940. FDR wasn’t even endorsing him, and wouldn’t campaign for him. He was supposed to lose that race, but he ended up winning. In 1944, when he was elected as vice president of the United States and in the process somebody admitted that they needed to get Henry Wallace off the ticket. They just didn’t want Wallace to replace FDR because they believed that FDR was going to die.

And one person that was in the meeting just said, “You know what? We just got tired. We ended up picking Truman.” He was mocked and ridiculed as the “second Missouri compromise.” Time Magazine called him “the mousy little man from Missouri” after the selection, the New York Times called him a rube. So here was this guy, underestimated time and time again. And of course, you know the story of when he ran for president in 1948, and it was really the greatest upset in political history. Nobody expected Truman to win. He had upset progressives by making enemies with Henry Wallace, he had upset the Dixiecrats by integrating the armed services in 1948. He was running against the left and right wing of the Democratic party, as well as against [Republican] Thomas Dewey, and the guy still managed to win. And despite his limited background educationally, he created the postwar world that we’ve all lived in over many years.

I always say Harry Truman started the Cold War and Ronald Reagan and George H.W. Bush ended it. That’s of course a gross oversimplification. One of the beautiful things about our battle against Soviet communism was, it was Democrats and Republicans alike that did it. My late father-in-law, Zbigniew Brzezinski, was a Democrat who did it along with a lot of Republicans. But I love the fact that Democrats and Republicans figured out a way to work together. Truman figured out a way to yank the Republican Party out of the 19th century to stop being isolationists and actually look outside of themselves and get engaged in the world.

Truman should be more celebrated for what he went through. You’re a musician, you can write a musical. “The Buck Stops Here” could be a song! In all seriousness, what you lay out in the book is that four months into Truman being vice president, FDR dies and he’s confronted with one of the most daunting times for a president in their first term ever. When you look at it now, what do you think was the most daunting challenge for Truman? I’m still stunned that more Americans don’t know about what he accomplished.

It actually took about 30 years for historians to catch up to the fact that this guy who was dismissed as a rube and who left office with a 22 percent approval rating is now classified as a great or near-great president. I think there’s almost universal acknowledgment that he’s been the most successful president over the past 75 years. Every time I get worried and stressed about what’s going on in Washington and the transition between Donald Trump and Joe Biden, and I throw my arms up and I go, “This has never happened before, how are we going to survive?” I think of the fact that Franklin Roosevelt knew he was going to die. In fact, during the campaign of 1944 he goes to Truman, “Hey, don’t fly on planes, take trains. Because one of us has to survive. One of us has to live.”

When Truman got sworn in and was going into the vice president’s office, one of his friends said, “Hey, you’re going to be president soon.” And Truman said, “It scares the hell out of me, but yeah, I am.” I mean, FDR even had massive chest pains on the day of his inauguration in ’45. He was a dying man. He only met with Truman twice and they were perfunctory meetings. Once they got into the White House, he actually refused to loop Truman in on the Manhattan Project.

After FDR dies, Truman has his first Cabinet meeting. he’s walking out of the cabinet meeting and [War Secretary] Henry Stimson says, “Hey, can you come here?” He walks out and he basically says, “Hey, we’ve got this thing called the Manhattan Project.” So Harry Truman was blindsided by the fact that the United States was developing the atomic bomb. And in a very short period of time, he had to make decisions on how to wind down World War II in Europe, and then had to make that horrific decision on how to end the war in the Pacific. Was he going to use atomic bombs on Japanese cities? Or was he going to allow the war to go into ’46 and ’47 with maybe a million or 2 million more casualties? Harry Truman had to make that decision. 

After they won the war, they had about a year before Winston Churchill went to speak at Westminster College in Missouri and talked about the “Iron Curtain” that was descending across Europe. And Truman, after getting cables in early February 1947 that Greece and Turkey could fall into Stalin’s hands, and possibly Iran too, had to make the same decision that Republicans and Democrats alike had passed on a decade earlier. Were they going to allow a totalitarian machine to sweep across Europe? They made the wrong call in the ’20s and ’30s, and weren’t ready for Hitler because Republicans wouldn’t let Wilson take the country into the League of Nations. Truman had to very quickly move to save Western Europe. 

One other thing that’s inspiring is the fact that he reached out to Herbert Hoover, because there was a great humanitarian refugee crisis in Europe at the time. Hoover had been basically kicked around by Democrats for 14 years. He was the punchline for every Democratic joke. Truman knew that Hoover was an engineer who had helped with the refugee crisis after World War I. He asked him to come in and help after World War II. In the book “The Presidents Club,” they write that Truman and Herbert Hoover working together probably saved more lives in Europe than any two presidents by their actions together.

You mentioned Harry Truman and the atomic bomb. In the book you quote him saying, “Look, it’s a weapon. We’ve got to use it.” Do you think a modern-day American president would be that much at ease with using a nuclear weapon? 

There’s no doubt it would be much more difficult decision to make these days than it was then when nobody had used it before. But to put things in perspective, they had been bombing Tokyo, killing 100,000 civilians with conventional weapons. You look at the firebombing of Dresden, which was absolutely barbaric. In fact, really that was more of a revenge bombing, they firebombed that city and killed two or three times as many people with conventional weapons as they did with the atomic weapons. Obviously, it opened a horrific new age.

I think any president today faced with the choices might actually decide to kill more people with conventional weapons than to launch this horrific new power. But for Truman, and this really was characteristic of Harry Truman, he weighed the options, he made the tough decision, and then he went to sleep peacefully. And he never apologized for it, he lived with all the tough decisions.

He made another tough decision for him politically. In 1948, nobody expected Harry Truman to integrate the armed forces. He was raised in a pro-Confederate family and he had used very rough, racist language throughout the early part of his life. He shocked everybody when he made that decision, and it was an unpopular decision. But he made it because he believed it was the right thing to do. He thought Black Americans had contributed greatly to America’s success in World War II and, by God, if they were willing to die for this country, then the armed forces should at least be integrated. Harry Truman made the tough decision. It split the Democratic Party into three factions, but he said he never slept better than after making that decision.

In the book you also touch on the descent of Great Britain’s power on the world stage. They were in massive debt. We had to bail them out, almost, in that war. If the U.S. hadn’t stepped up and there was no Truman Doctrine and no Marshall Plan, how do you think Western Europe would have turned out after World War II? 

The Truman Doctrine of course led to some very bad decisions in Vietnam. And you’re talking about the domino theory. Most historians are very critical of the domino theory, but there’s little doubt looking at the historical record if the United States had not intervened, because as you said, yes, Great Britain saved Western civilization in 1940, but by 1945 they were exhausted not only as an empire, they were exhausted as a nation, and told the United States they just could not defend Greece, could not defend Turkey.

I think most historians, looking at the facts as they were, would say today there was little doubt that Greece and Turkey and most likely Iran would have fallen into the clutches of Stalin and Soviet communism. Without Truman intervening in a dramatic way with the Marshall Plan, there’s no doubt that Western Europe — there were starving people in Western Europe. Stalin understood he had an opening there. The world would have looked radically different. There would have been a lot of people in 1947, 1948, if we hadn’t intervened, would have looked and said, “Wait, why did we fight World War II?” Because now we’ve traded Nazi tyranny for Soviet tyranny. Not much of a positive exchange for all the lives that were lost.

Truman famously had a sign on his desk that read “The buck stops here.” It makes me think of Donald Trump, who seems to be the opposite of the buck stops here — a guy who blames everybody else for anything wrong because he’s the ultimate victim. How do you think Truman would’ve seen a character like Donald Trump?

Well, actually, he had complete contempt for Joe McCarthy, who shares many of Donald Trump’s characteristics and personality traits. But for Truman, you’re right, he believed that the buck stopped here and he was wise enough to understand that the United States getting involved in sending foreign aid to Europe was something radical. As radical as the Marshall Plan was, it was something that we would get paid back on for that investment a hundred times over, a thousand times over. 

One of the things Donald Trump never understood, and some of his early advisors in 2017 and 2018 tried to explain to him was that when we help other countries, when we ensure that democracy thrives and we hold up democratic powers, that pays us back. If you just look at what happened to our economy, post-1947, you can look at the Truman Doctrine, the Marshall Plan, NATO, and you could see that not only did it help us in foreign affairs, not only did it help us strategically, but it also helped us economically.

There were a lot of free markets that were kept afloat by the United States. And I think one of the great measures of our success, something that Donald Trump would never understand, is that countries that attacked us, countries that declared war on us in 1941, countries that we leveled to the ground, were the same countries that by the 1970s were competing with us economically, and some of the same countries that were causing great angst by the late 1970s across America because these countries had been rebuilt. Yes, we had to compete with them. But unlike Donald Trump, I am still a small-government conservative. I still believe in free and fair trade and understand that by building up Germany, by building up Japan, by building up democratic powers, in the end, we’re helping ourselves as well.

Right now we’re witnessing Donald Trump’s assault on our democracy. There’s this mindset that elected Republicans don’t speak out because they’re afraid of him. But I submit that a lot of them agree with Donald Trump in that they want power. They don’t care how the steak gets to the table, they don’t care how that cow was killed, as long as they can continue to be in power. You’re a former Republican congressman — is it more that they’re literally afraid of a tweet or is the bottom line that they like the power? 

This is something that obviously has haunted me over the past four years, just like it would you if there were a progressive president who came in and did the same things that Donald Trump did. What I have found, and what a lot of my former Republican friends have found, is that the very things that we fought for, that we thought we were fighting for our entire life, were actually not the same things that everybody around us was fighting for. We could disagree ideologically on a lot of different issues, but at the end of the day, I know you want what’s best for America like how I want what’s best for America.

One of the things that I always assumed, because all of my friends in Congress were Democrats —they considered me a right-wing, small-government nut, but all of my friends were Democrats — I’m stupid enough to believe that everybody came to the table in good faith. If you get AOC on one side of the negotiating table and you get a libertarian Republican on the other side of the negotiating table, you’re going to fight things out, but at the end of the day if everybody’s there for the right reason and then we come to consensus. But what I’ve found with the Republican party is that, I’m sorry, I have no evidence that Mitch McConnell is acting on behalf of the American people. I have no evidence that Mitch McConnell is acting in any way other than to maintain his power base. 

You look at what’s going on in the past four years — you look at the silence of so many of my friends, who I served with, who were close friends of mine, who I was holed up in rooms with while we were in the House of Representatives, when we were driving Newt Gingrich out of town because we believed Newt was insufficiently conservative on the size of government. These same people now have done nothing but embrace a guy — forget about small government, they spend like drunken socialists and that’s the least of their problems. These are the same people who have stood by Donald Trump.

Forget about all the other horrors, let’s just look at what happened in the last two weeks of the campaign. Donald Trump was pressuring his attorney general to arrest his political opponent. And he didn’t just do it once. He wasn’t just joking. He did it repeatedly, trying to push Barr to arrest Joe Biden and arrest members of Joe Biden’s family. That’s what they do in Belarus, that’s what they do in Russia. It is un-American and anybody that remained silent and continued to support that man is not American.

All of my friends from childhood voted for Donald Trump. All of my family members voted for Donald Trump. This guy accused me of murder like 12, 13, 14 times and I sit there and say, “So first of all, let’s talk about that.” These are the same people, I promise, if I called them up and said, “Hey, listen, I need a kidney or my kid needs a kidney,” they’d be the first say, “OK, I’m flying down. We’ll take care of it, Joe.” They’ll do anything for me, they’d lay down their life for me and I do the same for them. And yet they voted for a guy who wanted me thrown in jail based on a conspiracy theory. It’s a cult. There’s no other way to say it. It is a cult. And it makes me sad to see my friends this way.

It makes me sad to see the Republicans supporting him and, damn it, I’ve been struggling for a word. I called Donald Trump an autocrat, but he’s not really an autocrat because you can’t be an autocrat in America. I’d call him an autocrat in training, but let’s just cut to it now: He’s a fascist. You look at the definition of fascist. You look at it and he hits it on every front. A fascist is a right-wing nationalist. A fascist is somebody who attacks the others, and I remember back in December of 2015, when Donald Trump proposed a Muslim registry, I said to my audience, “This sounds a bit like Germany in 1933, 1934, doesn’t it? You can’t vote for him anymore, can you?” And at that point I said I could never vote for him.

And you take the fact that he’s calling for United States congresswomen to go back where they’re from, he’s told his people to beat up opponents and he’d pay for their legal bills. You look at Charlottesville, you go to — I’m sorry, he’s a fascist, it fits four corners of that definition. So I sit here and I look at my former Republican Party and I will not tell you I’m not heartbroken. I mean, I started as a conservative Democrat, then I became a Republican because I thought that, ideologically, on small government issues, that fit me a little bit better. But the conservative movement — I actually was a sucker. I actually read Edmund Burke. I actually read Russell Kirk. I actually believed things that they’ve said, but it ends up that only about two or three of us still do, so it is sad. I mean, it is sad what’s happened to my friends and former colleagues.

I’m Muslim, so when Donald Trump called for a total shutdown on Muslims, it was one of the most stunning things I’ve ever seen in my life. I’m born here and it was jaw-dropping. I appreciate you calling him a fascist. It’s not hyperbolic. In your recent piece for the Washington Post, you wrote about what Biden can learn from Truman, including bridge-building. When I look at the GOP, I’m not sure how you compromise on certain key things. Is there something Joe Biden can learn from Truman that would be applicable in today’s real world of 2021?

I’ve been reluctant to say that he’s a fascist, I think for the same reason that I’m sure you have, and others have too because I know it’ll just turn off listeners. As I always tell my Democratic friends that say, just run over them, I’m still in the conversion business. I can’t convert 100 percent. I can’t convert 50 percent. I’ll take 10 percent, whatever keeps this fascist party out of power two years from now, four years from now, I’ll do it. 

Getting to your next question about what can Biden learn from Truman, Harry Truman in 1947 was facing a Republican Congress, the first time Republicans had been in power since Herbert Hoover. They were in no mood to deal with a Democratic president or carry a Democratic president’s water. They promised to cut spending in ’46 and that was domestically. They sure as hell didn’t want to spend money overseas. But Truman worked with Republicans around the clock. They worked with Arthur Vandenberg, who was chairman of the Foreign Affairs Committee. He would send advisers over to Vandenberg’s house around the clock, 24 hours a day if they needed to, to keep him updated with what was going on, and slowly but surely they won over Republicans. Can you do that with Mitch McConnell? Maybe not. But I do know this: There is a widening center right now. We’ve seen the United States Senate that went further right around 2004, 2006, the Democratic Senate, you started losing those red-state Democrats and it became more progressive.

But right now in the center, you have Mark Kelly from Arizona, he’s in a traditionally Republican state, so he’s not going to dart far left. You got Kelly, you got Joe Manchin, who is I know the bane of a lot of progressives’ existence, but he’s still in the middle. I mean, Joe Manchin was a champion on gun reform after Newtown and I’m grateful for that. You look at the fact that you have got Susan Collins in Maine. I know, again, there are a lot of reasons for people to dislike Susan Collins, but she’s actually talking about forging a compromise after Trump’s out. You can look at other Republicans, Mitt Romney is another example, Lisa Murkowski. On the Democratic side, we have John Hickenlooper [just elected to the Senate]. You’ve got six, seven, eight people who have political reasons to be moderate. Joe Biden won Susan Collins’ state by nine points, right? So she has a reason to work with Joe Biden. Arizona likewise, is traditionally a Republican state. Both Mark Kelly and Kyrsten Sinema have a reason to try to forge consensus in the center.

I’m hopeful that we can get some reform done. I talked about gun reform. I’m hopeful that we can pass extensive background checks. It’s a sane, rational thing to do. We need to pass health care reform. Obviously we’ve got to get back in the Paris accords. There are several things that Biden can do with this moderate caucus in the United States Senate. Truman worked everybody around the clock, and it paid off for him.

Joe Biden knows the Senate. I just got to say, this is a personal thing with me. We keep electing people who are marketed like a bag of potato chips and they don’t know how to make Washington work. With Joe Biden, like Harry Truman, like LBJ, you had people who knew the Senate, who knew how to make Washington work. Instead of people who are like, “Oh, I don’t really like Washington and when I finish with my day, I go upstairs and I watch ESPN.” No, no, you don’t do that. When your day is over, you’re on the phone talking to your party, you’re talking to the other party and you’re constantly working to make deals.

That’s one of the things I respected about Bill Clinton, looking back on him, especially. And while we had some tough times together, I’ve grown to really respect his legislative accomplishments. And this was a guy that you could impeach on Tuesday and he would call you up on Wednesday. I was joking with him about that and President Clinton said, “Joe, you know what the best trait a president can have is?” I go, “No, what’s that?” He goes, “A short memory.” Memory does you no good — there’s always a vote next week, there’s always something you need next month. Have a short memory, work with everybody, get things done, and Bill Clinton did.

McConnell’s lame duck Senate sees no need to get much done

Senate Republicans have a last chance as lame-duckers to do a few right things in what lines up to be a slapdash race for the holiday door.  Personally, I don’t have much hope for the ideologues to rise up to put the country over party, but hey, surprises happen.

This Congress started its last 10 days before holiday break yesterday with coronavirus aid hanging, with a federal budget unresolved, and a bunch of contentious issues that include selling more weapons overseas.

Obviously, the session gets underway as Donald Trump continues his fantasy about overturning election results in this same period, in which a transition must move ahead and amid a spiraling, out-of-control virus is killing 2,000 people a day.

Yet, from a policy point of view, it is unclear that Republicans acknowledge that millions are facing eviction as the clock has run out of individual aid and blanket rules to postpone rent payments, and it is unclear whether both personal piques of particular senators and the overall desire by Trump to burn down the government can and will be set aside for greater societal good.

Senators like James Inhofe of Oklahoma want to hold up the federal budget over whether the Pentagon can change the name of military bases that still carry the name of Confederate generals. Really? This is the most important issue facing us? Trump is reportedly considering a veto if the budget measure doesn’t repeal legal shields for social media companies.

Can we please keep our collective eyes on the ball?

Insisting on partisan ways

Republicans are fond of saying that elections have consequences – unless elections do not go their way.  Then we are supposed to ignore the results, or switch back to defending deficits from getting too large, or, like Trump, simply deny that the election took place.

Apparently, a number of Republicans in the Senate are more interested in their hobby-horse issues than in addressing the coronavirus elephant in the room. The Number One issue facing us is getting sufficient monies to individuals displaced by the virus from their jobs, to extend unemployment, to help small businesses survive during this period, and to assure that we can adequately distribute the emerging vaccines.

Republicans have been sitting on a House-passed package since the summer, with Senate Majority Leader Mitch McConnell wrongly insisting that an economic recovery is just days away, despite the pandemic. Partisan debate has swirled around the size of the package, with each side saying that it has been more flexible.

Meanwhile, the country is suffering. The issue feels like the embodiment of why increasing numbers of Americans just don’t believe in government.

If you’re looking for a second issue, agreement on a federal budget that just allows us to keep things functioning seems an important goal.

The other agendas

But among the things that stand in the way:

  • A decision on approving the sale to the United Arab Emirates of up to 50 F-35s worth $10.4 billion, up to 18 MQ-9B drones worth $2.97 billion and a package of air-to-air and air-to-ground munitions worth $10 billion. A simple majority vote would start a 30-day review period in which Congress can block the sale.
  • Consideration of a late appointment by Trump of Judy Shelton, who has advocated that the United States return its monetary policies to debunked reliance on the value of gold, to the Federal Reserve. An earlier committee vote failed, and the expected addition of newly elected Sen. Mark Kelly, the Democrat from Arizona, should make that issue a loser.

In general, expect these days to be a forerunner to judge Senate willingness – or not – to work with the incoming Biden administration. All Senate eyes continue to focus solely on the Jan. 5 twin U.S. Senate races in Georgia, the outcome of which will decide whether we continue to have a Republican majority.

In any case, neither party will have sufficient votes to ignore the other.

The question is whether we have civility and compromise or continue the Trump-inspired divisions of the past several years.

Last call for COVID: To avoid bar shutdowns, states serve up curfews

As states and cities around the country enact curfews on bars and restaurants to limit the spread of COVID-19, many different calls are being made on “last call.”

In Massachusetts, eateries must stop serving at 9:30 p.m. New York, Ohio and an increasing number of states are setting 10 p.m. closing times for indoor dining, while in Oklahoma, bars and restaurants can keep the rounds going until the wee hour of 11 p.m. In Virginia, alcohol has to be off the tables at 10 p.m., but restaurants can stay open until midnight.

With coronavirus outbreaks being traced back to bars and restaurants, curfews are being embraced not just by governors but also by many restaurant and bar owners who see them as a more appetizing alternative to the total cessation of indoor dining.

“I do think things need to be a little bit tightened down,” said David Lopez, general manager of Manny’s Restaurant in Kansas City, Missouri, and incoming president of the city’s restaurant association. Mayor Quinton Lucas ordered a 10 p.m. curfew that took effect Friday.

“When you close at 10 p.m., you’re taking away a good portion of that time when people are standing with no mask on,” Lopez said. “Each hour that goes by and you’re standing in the same space, you make yourself more susceptible to contracting the virus.”

Along with anecdotal reports that as the evenings wear on, an older set of rule-abiding diners are replaced by younger, more defiant — and often more intoxicated — patrons, there has been some empirical evidence to justify the curfews. In Minnesota, public health authorities found that among people who tested positive for COVID-19 and had visited a restaurant, those who visited after 9 p.m. were twice as likely to be part of an outbreak cluster.

To some epidemiologists, establishing cutoff times ignores the fact that the coronavirus does not obey curfews. But they endorse any tool that helps slow the spread.

“It’s a half measure and maybe less than a half measure, but that’s better than no measure at all,” said Raymond Niaura, interim chair of the epidemiology department at the New York University School of Global Health.

From June 1 to Nov. 16, 190 outbreaks in Minnesota — involving 3,201 infected people — were traced back to restaurants and bars by public health authorities. That represented 46% of the outbreaks in public settings. Weddings came in second, with 107 outbreaks (14%), followed by sports (11%), gyms (11%), social gatherings (9%), churches (4%) and funerals (3%). In all, there were 4,145 unique cases from all these kinds of gatherings out of the 250,000 infections Minnesota has catalogued since the start of the pandemic.

The benefit of curfews may come not primarily from targeting the late-night revelers but by curtailing the number of patrons at restaurants and bars. “Their effect is to reduce the amount of time that will allow people to congregate,” said Stephen Kissler, a research fellow at the Harvard T.H. Chan School of Public Health.

In an interview with KHN, Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, expressed broad concern about inside dining given the aggressive COVID-19 spread. Fauci did not make any distinctions in the time of day.

“If we’re in the hot zone the way we are now, where there’s so many infections around, I would feel quite uncomfortable even being in a restaurant, particularly if it was at full capacity,” he said.

For those people who do go to bars and restaurants, curfews provide some added protection, Fauci said. “If you look at what happens as you get into the evening, people have a few drinks, they get a little bit more loose, they start taking masks off if they have masks on, they let down their guard,” he said.

The curfews and closures are frustrating to many restaurateurs and tavern owners who struggled through a round of shutdowns in the spring and have been enforcing mask and distancing rules and aggressively disinfecting their tables and bathrooms.

“We had no outbreaks in the time we’ve been open,” said Sean Kenyon, who owns three restaurants and bars in Denver. “We knew there would be a second wave, but we thought society would be more well equipped and well informed to deal with it.”

Kenyon said late-night bargoers are a problem only for establishments that don’t strictly enforce their rules, which he added takes effort given the blowback from patrons who don’t want to wear masks when they enter. When he has worked the door checking IDs, he said, “the vitriol we’ve had spewed at us for the past six months has been unbelievable.”

Restaurateurs argue that infections passed along through their establishments are eclipsed in number by transmissions taking place in gathering places. “In Minnesota, it is a small percentage coming from restaurants and bars if you look at the contact tracing,” said David Benowitz, chief operating officer at Craft & Crew, which has five locations in and around the Twin Cities.

Curfews are not the province of just the United States. In Canada, Saskatchewan restaurants and nightclubs were ordered to stop serving liquor at 10 p.m. as of Nov. 16. Italy ordered restaurants in regions with the heaviest coronavirus outbreaks to close at 6 p.m.

Troy Reding, who owns three restaurants in Minnesota, said merely the announcement of a curfew, made by the governor earlier in the month, put a damper on the number of customers coming to his restaurant at any hour. “When the curfew was announced, sales plummeted,” he said. “It became very real to them that going out and dining wasn’t the safest thing to do.”

In a reflection of how leaders are struggling to keep up with the coronavirus running amok, even before Minnesota’s restaurant and bar curfew could kick in, it was superseded by a complete ban on indoor dining and drinking at those establishments.

With curfews and closures, restaurants have reopened their playbooks from the spring for outdoor dining and takeout. Nonetheless, they will take an economic hit. Benowitz said he must furlough 140 people from his 200-person workforce.

“We’re constantly pivoting,” Benowitz said. “If you’re not able to change in this environment on a dime, then you’re not going to be able to succeed.”

KHN Editor-in-Chief Elisabeth Rosenthal contributed to this report.

Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.

The COVID-19 pandemic has left many prisons unmanned

As the state prison system sees fewer inmates and a critical shortage of officers in the pandemic, the Texas Department of Criminal Justice is permanently closing another prison and shuttering two more at least temporarily.

The Scott prison in Brazoria County will be closed Dec. 15, and the Gurney and Neal units, near Palestine and Amarillo, respectively, will be emptied and temporarily closed by the end of the year, a TDCJ spokesperson told The Texas Tribune on Tuesday. Inmates and desperately needed staff will be transferred to nearby lockups, according to TDCJ.

The agency already closed three lockups in September as the inmate population plummeted during the pandemic to the lowest number seen in decades, according to state budget reports. From March to October, 18,000 fewer inmates resided in the Texas prison system after the coronavirus caused a monthslong halt of transfers from county jails and a backlogged, sluggish court system.

“The population is 122,000 and change, and it’s been fairly stable in the 121 [thousand] to 122,000 range for a couple months now,” said TDCJ spokesperson Jeremy Desel. “But that’s the lowest prison population for TDCJ since 1995.”

The closure of Scott, Gurney and Neal will bring the Texas prison system down to a total of 101 state lockups, Desel said. In September, Garza East prison in Beeville and the Jester I Unit near Sugar Land were permanently closed, and the Bradshaw State Jail in Henderson was emptied and is now idle. All of the shuttered units housed only men.

Although the pandemic has spurred a dramatic decline in the prison population, the number of inmates and units has also steadily decreased for more than a decade as crime rates fall and officials turn toward things like mental health services and diversion programs. And although it’s unclear if the prison population will again bounce up as restrictions of the pandemic are lifted, having fewer prisons means the agency can try to stanch the bleeding of its corrections workforce.

TDCJ has long struggled against dangerous, chronic understaffing, but the number of officers has reached critical lows in recent months. In October, the agency was short by more than 5,500 officers, or about 22%, according to an agency report. Many prison units are short hundreds of officers, and several are less than 50% staffed.

In October, about 560 full-time corrections officers worked at the three closing units. Desel said those employees can be transferred to nearby units — each prison has at least one other in the same county. Gurney and Neal, which will be idled, are woefully understaffed, and officers are especially needed at neighboring prisons.

Inmates at severely understaffed prisons have reported being malnourished; being fed small, sometimes rotting sack meals in their cells; and rarely getting to move around. Officers have reported more assaults and said they were forced to cut corners and work too much overtime.

Gurney employed more than 240 corrections officers in October. In the same county, Michael and Coffield prisons were both under 60% staffed, with a shortage of about 235 and 340 officers, respectively, according to the state report. Neal’s nearly 130 full-time officers could work at the adjacent Clements prison, which was understaffed by about 460 officers, with only 42% of positions filled.

At the same time, about 4,000 incarcerated men resided in those units and would need to be rehoused, according to TDCJ data. The state budget report listed nearly 18,000 prison beds as available.

Although they are generally broadly applauded as a cost savings and a shift away from mass incarceration, prison closures during the pandemic bring mixed feelings for Michele Deitch, a senior lecturer and prison conditions expert at the University of Texas’ LBJ School of Public Affairs and law school.

During the pandemic, understaffed prisons have often rotated employees among multiple units to try to fill shifts, potentially cross-contaminating the lockups, where the coronavirus spreads like wildfire. More than 26,000 inmates and nearly 7,000 staff members have tested positive for the virus, TDCJ data shows. At least 173 inmates and 27 employees in TDCJ have died.

Deitch enthused about the closing of Scott, a century-old prison; Gurney, a transfer facility; and Neal, which is severely understaffed. Still, she worried about the virus’ spread as prison units combine.

“These all make sense to close. … It will help in a lot of ways,” she said. “The one piece that really worries me, though, is that by needing to presumably consolidate the population of two facilities into one, you’re going to increase the density of the population in the other facilities, which is exactly not the approach you want in COVID.”

Disclosure: The University of Texas at Austin has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/12/01/texas-prisons-close-understaffing/.

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