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Could red flag laws have stopped the Colorado Springs shooting? An expert explains

The killing of five patrons in a Colorado LGBTQ bar on Nov. 19, 2022, is the latest mass shooting to garner headlines in the U.S.

Police have said they have yet to determine a motive. But one thing that has emerged is that the suspect had a history of violent plans, having allegedly threatened to attack his mother with a homemade bomb more than a year before the attack at Club Q.

It has led to questions over why that earlier alleged incident did not trigger Colorado’s “red flag” law – something that may have prevented him from acquiring the AR-15-style semi-automatic weapon that police say was used in the Club Q attack. The Conversation asked Alex McCourt, an expert on gun laws at Johns Hopkins University, to explain how red flag laws are supposed to work – and why they weren’t triggered in this case.

What are red flag laws?

Red flag laws – also know as extreme risk protection orders – allow for judges to make a ruling that results in firearms being taken away temporarily from a person who is deemed to be at high risk of harming themselves or others. They also prevent that person from purchasing guns for a set period of time.

They are aimed at protecting against the actions of individuals who have made violent threats or may be going through some sort of crisis.

The way they work is that specific people can petition a court to issue an order when someone is deemed to be behaving dangerously or making violent threats.

The categories of individuals who can petition in this way vary from state to state. But all the states that have enacted such laws – 19 plus the District of Columbia – include law enforcement officers among those who can petition the court to have a red flag order imposed.

Household and family members are also commonly listed. And in Maryland, Hawaii and the District of Columbia, health care officials can petition the court should they be concerned over the behavior of a patient. In California, Hawaii and New York, teachers or school administrators are included in the list of people who can petition the court.

Typically, if the court finds there is sufficient evidence of risk of violence, a judge will issues an ex parte – or temporary – order. These cover a very short period until a hearing can take place. At that subsequent hearing the potential subject of the order can provide an argument that they aren’t dangerous.

If the court decides there is indeed a risk, it will deliver a longer-term order. In most cases it covers a period of up to a year. The subject of the gun ban may be able to petition for the order to be ended early, should they be able to prove, for example, that their moment of mental crisis is over or that they have sought sufficient treatment. The petitioner can also ask for the order to be renewed at the end of the year.

Does research show that red flag laws work?

The first thing to note is that the laws are relatively new – most have come in over the past decade. So researchers are still evaluating the data. But studies have shown that they can be effective in preventing mass shooting events and possibly suicides.

Research from 2019 found that, among a group of cases in which guns were removed from individuals who made threats of mass shootings in California, none of the individuals went on to carry out mass shootings. A 2022 study evaluated extreme risk protection orders in six states. It found that all the states being observed were issuing orders on the basis of mass shooting threats – 20% of these cases involved threats toward schools and 15% toward intimate partners or family members.

Though these laws are relatively new, research analyzing the legislation suggests that they may help prevent suicide.

So there is enough evidence to say they can be used to prevent deaths. But these measures are so new, we need to know more about how well they are being implemented by states. So far, research suggests that public awareness of extreme risk protection orders is low and that efforts to educate the public and facilitate filing of petitions might help.

How well are red flag laws implemented across states?

Connecticut and Indiana both had early versions of red flags laws, in place in 1999 and 2006 respectively, but the policy was really developed after the Sandy Hook shooting of 2012. Since that incident – in which 20 children and six adults were killed by a gunman – a further 17 states and Washington, D.C., have added extreme risk protection orders to their statutes. Most have come in since the Parkland school shooting of 2018.

One of the areas in which more research is needed is on implementation of red flag laws. There appears to be wide variation – both state by state, but also within states that have laws in place.

Spotty implementation might be the result of a combination of factors. As they are quite new, there is a knowledge gap – that is, would-be petitioners might not know that a red flag order is an option, or how to go about filing for an order.

But it is also true that there has been a fair amount of pushback from certain counties and sheriffs who have said that they won’t enforce these laws out of Second Amendment concerns. This appears to be the case more in rural areas. But that has not been systemically studied to date.

Any chance of a federal red state law?

There has been some discussion among advocates about trying to pass federal legislation. But to date, the main actions taken at the federal level are to make it easier for individual states to adopt red flag laws. The Biden administration has pushed for their adoption, and the Justice Department has issued model legislation that states can use.

Meanwhile, the Bipartisan Safer Communities Act passed in June 2022 allows for the distribution of funds to states for crisis intervention programs, including the rollout of extreme risk protection orders.

What was in place in Colorado?

Colorado’s red flag law was enacted 2019. It allows for law enforcement and family or household members to file a petition to a court. If it is approved, a court can order that an individual’s guns be removed for up to one year.

A 2021 study of the first year of implementation of Colorado’s law found that in 85% of cases it was law enforcement that initiated proceedings, and in 15% of cases it was household or family members that petitioned.

There has been slower uptake in Colorado than in some other states. But there have been some questions over whether that is over the timing of the law – it was implemented just before COVID-19 pandemic began, so for a large chunk of the first year it has been in operation, people were under stay-at-home orders.

Nonetheless, the study found there were a significant number of sheriffs and counties that said they would not enforce the law. There is no real legal basis for them to do this; it is more of a symbolic or political stance. But it does have implications for red flag laws, as law enforcement officers may not have the training or inclination to pursue red flag orders.

Why was it not triggered in this case?

There hasn’t been an awful lot of detail released on why a red flag order was not imposed on the Colorado shooter. Early reporting suggests that this appears to be a classic example of someone who made a threat, in this case threatening his mother with a homemade bomb – and as such would qualify for an order. But there is reportedly no public record indicating that law enforcement or any family member acted on that threat and petitioned the court.

Experts can only speculate about why this might be the case. But one point of note is that it occurred in a county where the sheriff has expressed opposition to Colorado’s law and has previously said that his officers will not petition for an order except under “exigent circumstances.”The Conversation

 

Alex McCourt, Assistant Professor of Health Policy and Management, Johns Hopkins University

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

Alabama halts executions in a vain attempt to “fix” capital punishment: It can’t be done

On Monday, Alabama Gov. Kay Ivey put a temporary halt to executions in her state in response to a string of breakdowns in Alabama’s death penalty system. She also called for a “top to bottom” review of the state’s execution process.

The governor’s decision is long overdue. But her belief that the death penalty system can be fixed is a delusion. 

What the Mother Goose nursery rhyme told us about Humpty Dumpty’s great fall is also true for capital punishment, both in Alabama and all across the country: All the king’s horses and all the king’s men can’t make the death penalty just, fair or even functional. 

Ivey’s announcement came just days after another Alabama execution was botched and halted before it could be completed.

On Nov. 16, the state stopped the execution of Kenneth Smith after officials spent an hour stabbing him with needles in a failed attempt to set intravenous lines.  

Smith had been strapped to a gurney for four hours while the state waited for the final resolution of his legal appeals. Once those were resolved, execution team members tried again and again to set the necessary IV lines. 

As the Montgomery Advertiser reported, “They punctured ‘several’ locations on his body with needles. Ultimately, they were able to establish only one of two necessary intravenous lines before attempting a central line procedure… which is the alternative method for gaining IV access in Alabama’s redacted execution protocol.”

Insertion of an IV line into a central vein is a complicated procedure which is usually performed by a surgeon or an interventional radiologist, neither of which would have been present at Smith’s execution. 

In September, Alabama also called off Alan Miller’s execution and sent him back to death row. It was stopped after officials spent 90 minutes jabbing him repeatedly with needles as they tried to find a vein to insert the IV line that would carry the deadly chemicals.

In the gruesome litany of failed executions, Smith and Miller joined Doyle Hamm, whose lethal injection Alabama botched in 2018, and Joe Nathan James, whose execution the state botched in July of this year.


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But Alabama has an even longer history of such dreadful failures. In 1983, the state put John Evans to death in the electric chair but not before he literally caught on fire. His execution took 14 minutes and left his body charred and smoldering.

Six years later, Alabama botched the electrocution of Horrace Franklin Dunkins Jr. after the execution team had improperly connected the cables that carried the current to the electric chair. The cables had to be reconnected before a second lethal jolt of electricity was administered.

As the actual or attempted executions of Hamm, James, Miller and Smith demonstrate, Alabama’s success in carrying out executions without incident did not improve when it switched to lethal injection. 

Smith and Miller also give the state the dubious distinction of having two people on its death row who survived a state’s effort to kill them. Never before in American history has one state had two execution survivors alive at the same time

Alabama now joins Ohio and Tennessee as states which have paused executions in the face of failures and breakdowns in their death penalty systems.

In 2019 Ohio’s Republican governor, Mike DeWine, halted executions after a federal judge raised serious questions about the state’s execution protocol, ruling that the protocol could cause the inmate “severe pain and needless suffering.” 

At the time, DeWine told reporters, “As long as the status quo remains, where we don’t have a protocol that has been found to be OK, we certainly cannot have any executions in Ohio. That would not be right, at least in my opinion.”

Alabama has now achieved a dubious distinction: Never before in American history has one state had two execution survivors alive at the same time.

At the time, the governor refused to say whether he thought the death penalty could be squared with the Constitution’s prohibition of cruel and unusual punishment. As he put it, “We are seeing clearly some challenges that you have all reported on in regard to carrying out the death penalty. But I’m not going to go further down that path any more today.” 

In May of this year, Tennessee Gov. Bill Lee followed Ohio’s example and paused executions, after learning that the drugs scheduled to be used in a forthcoming execution had not been properly tested. Lee also ordered an independent investigation of the troubles that have plagued the state’s death penalty system.

As the Associated Press reported, “For several years, Tennessee has had problems following the state’s rules governing the conduct of executions, including problems in the compounding of drugs, in testing, storing and administering them.”  

The AP also noted that “Tennessee’s problems in following its own lethal injection protocol are more extensive and complicated than state officials have acknowledged — and sorting through them may take longer, possibly years, before an execution that passes constitutional muster can take place.”

In addition to the states that have paused executions pending the results of ongoing investigations, governors of California, Oregon and Pennsylvania have acknowledged serious defects in the death penalty system and imposed a moratorium on executions. Each has also recognized their constitutional responsibility to avoid imposing cruel and unusual punishments. 

But in Alabama, Gov. Ivey did not take responsibility for Alabama’s execution problems, nor did she acknowledge her constitutional duty.

Instead she played politics, pointing fingers at the very people victimized by the state’s execution incompetence.

“For the sake of the victims and their families, we’ve got to get this right,” Ivey said. “I don’t buy for a second the narrative being pushed by activists that these issues are the fault of the folks at Corrections or anyone in law enforcement, for that matter. I believe that legal tactics and criminals hijacking the system are at play here.” 

After Ivey’s announcement Alabama Corrections Commissioner John Hamm promised that “Everything is on the table — from our legal strategy in dealing with last minute appeals, to how we train and prepare, to the order and timing of events on execution day, to the personnel and equipment involved,”

Hamm also insisted he was “confident that we can get this done right.”

But getting things right has proven to be very illusory in the history of America’s death penalty, and nowhere more so in Alabama. The state’s leading officials are unlikely to get it right unless and until they own the failures and cruelties over which they and their predecessors have presided. 

If they do that, however, they may well have to conclude that it is never possible to get things right in the ghastly business of state killing.

The U.S. promised tribes they would always have fish — but the fish they have pose toxic risks

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

 

Salmon heads, fins and tails filled baking trays in the kitchen where Lottie Sam prepped for her tribe’s spring feast.

The sacred ceremony, held each year on the Yakama reservation in south-central Washington, honors the first returning salmon and the first gathered roots and berries of the new year.

“The only thing we don’t eat is the bones and the teeth, but everything else is sucked clean,” Sam said, laughing.

Her mother and grandmother taught her that salmon is a gift from the creator, a source of strength and medicine that is first among all foods on the table. They don’t waste it.

“The skin, the brain, the head, the jaw, everything of the salmon,” she said. “Everybody’s gonna have the opportunity to consume that, even if it’s the eyeball.”

Sam is a member of the Confederated Tribes and Bands of the Yakama Nation. They are among several tribes with a deep connection to salmon in the Columbia River Basin, a region that drains parts of the Rocky Mountains of British Columbia, Canada, southward through seven U.S. states into the West’s largest river.

It’s also a region contaminated by more than a century of industrial and agricultural pollution, leaving Sam and others to weigh unknown health risks against sacred practices.

“We just know that if we overconsume a certain amount of it that it might have possible risks,” Sam said as she gutted salmon in the bustling kitchen. “It’s our food. We don’t see it any other way.”

But while tribes have pushed the government to pay closer attention to contamination, that hasn’t happened. Regulators have done so little testing for toxic chemicals in fish that even public health and environmental agencies admit they don’t have enough information to prioritize cleanup efforts or to fully inform the public about human health risks.

So Oregon Public Broadcasting and ProPublica did our own testing, and we found what public health agencies have not: Native tribes in the Columbia River Basin face a disproportionate risk of toxic exposure through their most important food.

OPB and ProPublica purchased 50 salmon from Native fishermen along the Columbia River and paid to have them tested at a certified lab for 13 metals and two classes of chemicals known to be present in the Columbia. We then showed the results to two state health departments, U.S. Environmental Protection Agency officials and tribal fisheries scientists.

The testing showed concentrations of two chemicals in the salmon that the EPA and both Oregon and Washington’s health agencies deem unsafe at the levels consumed by many of the 68,000-plus Native people who are members of tribes living in the Columbia River Basin today. Those chemicals are mercury and polychlorinated biphenyls, or PCBs, which after prolonged exposure can damage the immune and reproductive systems and lead to neurodevelopmental disorders.

The general population eats so little fish that agencies do not consider it at risk, which means that government protocols are mostly failing to protect tribal health. In fact, the contaminants pose an unacceptable health risk if salmon is consumed even at just over half the rate commonly reported by tribal members today, according to guidelines from the EPA and Washington Department of Health.

The potential for exposure extends along the West Coast, where hundreds of thousands of people face increased risks of cancer and other health problems just by adhering to the salmon-rich diet their cultures were built upon.

Chinook salmon, like the ones OPB and ProPublica sampled, migrate to sea over the course of their lives, where they pick up contaminants that Northwest waters like the Columbia and other rivers deposit in the ocean. EPA documents obtained under the Freedom of Information Act show that even with minimal data available, agency staff members have flagged the potential for exposure to chemicals in salmon caught not just in the Columbia but also Washington’s Puget Sound, British Columbia’s Skeena and Fraser rivers, and California’s Sacramento and San Joaquin rivers.

Tribes entered into treaties with the U.S. government in the mid-1850s, ceding millions of acres but preserving their perpetual right to their “usual and accustomed” fishing areas; the Supreme Court later likened this right to being as important to Native people as the air they breathe.

But time and again, the U.S. has not upheld those treaties. Damming the Columbia River destroyed tribal fishing grounds and, along with habitat loss and overfishing, drove many salmon populations to near extinction, wiping some out entirely. Previous reporting has shown how the federal government failed in its promises to compensate tribes for those losses and in some cases worked against tribes’ efforts to restore salmon populations. In addition, the EPA has allowed cleanups to languish, and state regulators have been slow to rein in industrial pollution. That toxic pollution impairs the ability of salmon to swim, feed and reproduce.

Continually poor and declining salmon numbers have prompted the White House to acknowledge an environmental justice crisis in the Columbia River Basin.

The results of our testing for toxic chemicals point to yet another failure.

A Toxic Mystery

Questions over fish safety go back generations in some tribal families, predating government concerns by decades.

Karlen Yallup remembers tribal elders telling her the water had been clean enough to drink at Celilo Falls, their primary fishing site on the Columbia River. Yallup’s great-great-grandparents, members of the Warm Springs tribe, lived near the falls and would fish there every day.

As the industrial revolution boomed, farming, industry and urban sprawl grew throughout the basin. In 1957, the falls were submerged by water that pooled behind The Dalles Dam — one of 18 built on the Columbia and its main tributary, the Snake River, to turn the river into a shipping channel, irrigate farmland and generate hydroelectricity. By then, pollution from those new industries had dirtied the water.

Tribal elders told Yallup they knew the water was no longer clean enough to drink when they could see changes and hear differences in the way it ran. They also worried about the health impacts of Hanford, a sprawling nuclear weapons production complex dozens of miles upstream. Hanford became one of dozens of heavily polluted sites across the Columbia basin, considered one of the largest and most expensive toxic cleanups in the world.

Yallup said her elders began to suspect that whatever was getting into the water was getting into the fish. They became “very worried about the salmon getting the family sick,” she said.

It wasn’t until the 1990s, however, that the government and the broader public drew attention to the risk to people eating those fish.

In 1992, despite two decades of improving water quality under the Clean Water Act, an EPA study found chemicals embedded in carp from the Columbia River. The results alarmed the region’s tribes, which responded by working with the agency to test more fish and survey members about their fish consumption rates.

Those efforts revealed that tribal people, on average, eat six to 11 times more fish than non-tribal members. They also detected more than 92 different contaminants in the fish, some at levels high enough to harm human health.

In the years that followed, EPA staff expressed concerns over toxic contamination in report after report, but little happened in response. The issue officially became an agency priority during the administration of President George W. Bush, but the EPA repeatedly fell short of its goals to clean up toxic sites as responsible parties fought over how much it would cost, who would pay and how quickly it needed to be done.

The agency also never had the money to fulfill its plans for continuous monitoring, said Mary Lou Soscia, the Columbia River coordinator for the EPA, leaving the agency unable to determine whether the river was getting cleaner.

“Nobody wanted to pay attention to toxics,” said Soscia, who has been working on river cleanup since the late 1990s. “But there are small amounts of studies that give us like those yellow blinking lights. And when tribal people eat so much fish, it’s something we have to be really, really concerned about.”

Finally, Oregon delivered in 2011 what was hailed as a breakthrough moment: It adopted new water-quality standards to protect tribal people’s health. The state vowed to restrict the amount of chemicals released by industrial facilities and wastewater plants so that people could eat over a third of a pound of fish per day without increasing their risk of health problems. That amount of fish was based on a survey of tribal members done in the 1990s.

Other states that share the Columbia River or its tributaries were slow to follow suit. Washington waited a decade to adopt equally protective standards; Idaho and Montana still have not.

But while Oregon was ahead of its neighbors, state regulators took few steps to ensure polluters actually met the state’s new limits. For as many as half the contaminants at issue, the state said it didn’t have the technology to measure whether polluters met the new stricter criteria.

The Oregon Department of Environmental Quality also said it didn’t have the staff to keep pollution permits updated. It let more than 80% of polluters operate with expired permits, meaning they weren’t even being held to new standards.

When asked in September for evidence of how the state’s highly touted standard has actually improved water quality, the DEQ said it “does not have significant amounts of data on the concentration of bioaccumulative pollutants in the Columbia River, and therefore does not have any trend information.”

Jennifer Wigal, DEQ’s water quality administrator, said the standards were implemented not because of pollution but to ensure that tribal diets were represented.

Wigal also said that when companies release harmful contaminants into the river, most are at such low concentrations that they are below the agency’s ability to detect them. Additionally, most of the contamination affecting fish, the DEQ said, comes not from those polluters but from runoff and erosion from industries like agriculture and logging.

But the DEQ also has yet to curtail that source of pollution. Along the Willamette River, which flows through Oregon’s most populated areas and feeds into the Columbia, the EPA determined last year that the state needed to cut mercury pollution from these sources by at least 88% if it was going to meet its standards for protecting human health.

Congress tried to take matters into its own hands, but it fell into the same pattern of bold plans and delayed action. In 2016 it amended the Clean Water Act, the seminal law governing water pollution nationwide, to require the EPA to establish a program dedicated to restoring the Columbia. It took four years and a nudge from the Government Accountability Office for the program to actually begin. That same year, in 2020, an EPA regional staffer found that broad swaths of the river were polluted with toxic chemicals and were below the standards of the Clean Water Act.

In an emailed response to questions, the EPA repeatedly said Congress gave the agency orders to clean up the Columbia but failed to provide the agency with funding to carry out the work. Even after the agency designated the Columbia an EPA priority, finally elevating the river to the same status as other major ecosystems like the Great Lakes and the Gulf of Mexico, it received no additional funding and staff for cleanup or long-term monitoring.

“That needs to happen,” Soscia, the agency’s Columbia River coordinator, said. “It hasn’t happened.”

A Disproportionate Risk

Had the government followed through on its plans for monitoring, it might have found what OPB and ProPublica’s testing revealed: that contamination was high enough that it would warrant at least one of the state health agencies to recommend eating no more than eight 8-ounce servings of salmon in a month.

For non-tribal people, who on average eat less than those eight monthly servings, the risk is minute. But surveys show members of some tribes in the Columbia River Basin on average eat twice as much fish as the agency’s recommended eight monthly servings.

The testing also revealed the potential for increased cancer risks from PCBs and another class of chemicals known as dioxins. Given an average Columbia River tribal diet, according to recent surveys commissioned by the EPA, the risk is as much as five times higher than what the EPA considers sufficiently protective of public health. This means that, based on the news organizations’ samples, roughly 1 of every 20,000 people would be diagnosed with cancer as a result of eating the average tribal diet — about 16 servings of fish each month — over the course of a lifetime.

The harm goes beyond the raw numbers. That’s because the risk is compounded by exposure from other fish and other toxic chemicals, such as pesticides and flame retardants in those same waters, that weren’t included in OPB and ProPublica’s testing because of cost constraints. Those chemicals are known to accumulate in fish. Beyond fish contamination, tribal populations already experience disproportionately high rates of certain cancers.

Public health officials caution that any cancer risks must be weighed against the many health benefits of eating fish, including the potential to lower the risk of heart disease. The Oregon and Washington health departments, like those of many states, do not assess cancer risk when setting public health advisories.

We showed the result of our testing to public health officials in both Washington and Oregon. Both groups said they would be taking further steps to assess salmon and the exposure risk to tribes.

Emerson Christie, a toxicologist with the Washington Department of Health who analyzed the results, said the department will consider whether to issue an official public health advisory based on the news organizations’ findings. “These results do indicate that there’s a potential for a fish advisory,” Christie said.

David Farrer, an Oregon Health Authority toxicologist who also reviewed the results, said the agency would coordinate with state environmental regulators and the Columbia River Inter-Tribal Fish Commission about additional testing or potential advisories.

Public health advisories and cooking guidance are a last-resort attempt to protect people when larger cleanup efforts fall short or don’t happen at all.

These advisories can also be plagued with delays. When tribes collected and tested tissue from the Pacific lamprey back in 2009, they found that the culturally important eel-like fish contained dangerous levels of mercury and PCBs. The Oregon Health Authority responded by issuing a consumption warning in October — but the process took 13 years.

And while advisories put constraints on tribes’ traditional diets, they don’t help with the larger issue: that the waters from which they are eating fish are still contaminated — with no plan to clean them up.

“The long-term solution to this problem isn’t keeping people from eating contaminated fish — it’s keeping fish from being contaminated in the first place,” Aja DeCoteau, executive director of the Columbia River Inter-Tribal Fish Commission, said when the lamprey advisory was issued.

Wilbur Slockish Jr. is a longtime fisherman who serves on the inter-tribal fish commission.

It is wrong, Slockish said, for the government to allow pollution and then, instead of cleaning it up, decide it can tell people not to eat the fish they always have.

“That’s on the back of our people’s health, the health of the land, the health of the water,” he said. “We’re not disposable.”

A Fight Too Big to Ignore

Slockish eats a lot of fish.

He relies on stockpiles of jarred, dried or smoked salmon to get him through the winter. He said it’s not uncommon for him to eat more than a pound of salmon or lamprey in one sitting, sometimes multiple times per day.

He’s a direct descendant of the Klickitat tribe’s Chief Sla-kish, who signed the Yakama Treaty of 1855, guaranteeing his people’s right to the fish. At that time, studies estimate that, on average, Native people in the region ate five to 10 times more fish than they do today. Slockish is not going to stop eating fish because of warnings about chemical contamination.

He doesn’t see the alternatives as any better. Many in his family have struggled with heart disease, diabetes and cancer. He connects it to their being forced away from the river and made to eat government-issued commodity foods full of preservatives.

“All of our foods were medicine,” he said. “Because there were no chemicals.”

Research across the globe has connected the loss of traditional diets with spikes in health problems for Indigenous populations. In one West Coast tribe, the Karuk of Northern California, researchers found a direct link between families’ loss of access to salmon and increased prevalence of diabetes and heart disease.

Public health experts agree that wild salmon, wherever it’s caught, remains one of the healthiest sources of protein available, and that chemicals can also contaminate other foods beyond just fish.

Tribal leaders also worry more about their members getting too little fish than too much of it. And because salmon are a primary income source for many tribal fishers, they worry that fears over fish safety will drive away customers.

But for Columbia River tribes, fish are also a cultural fixture, present at every ceremony. They are shared as customary gifts. Babies teethe on lamprey tails. Salmon heads and backbones are boiled into medicinal broths for the sick and elderly.

Tribes up and down the river continue to fight for their right to a traditional diet and to clean fish.

Yallup, from the Warm Springs tribe, decided to become an advocate for salmon after hearing from her grandmothers how much more limited their traditions had become.

She’s on track to graduate in December from Portland’s Lewis & Clark Law School. Yallup chose the law profession to fight for salmon, she said, and to change laws to protect the river from pollution.

“If I had a choice, I would just be a fisherman. I felt the responsibility to have to leave the reservation and have to go to law school,” Yallup said. “It’s such a big fight now. It’s kind of impossible to ignore.”

Earlier this year, tribes successfully lobbied for one of their Columbia River fishing sites just east of Portland, known as Bradford Island, to be added to the list of polluted places eligible for cleanup money from the federal Superfund program.

In August, the EPA received $79 million to reduce toxic pollution in the Columbia River as part of President Joe Biden’s Bipartisan Infrastructure Law. It is the most money ever dedicated to reducing Columbia River contamination. It’s also a fraction of what tribes and advocates say is needed.

The Yakama Nation is using some of that EPA money to lead a pilot study into the kind of long-term monitoring that has been a recognized need for decades.

Laura Klasner Shira, an environmental engineer for Yakama Nation Fisheries, said the tribe put together four federal grants to pay for its pilot study, which is limited to the area around Bonneville Dam, east of Portland. They hope someday it could grow to span nearly the entire length of the Columbia, up to the Canadian border. But it took 10 years to get as far as they are now.

“It’s disappointing that the tribes have to take on this work,” she said, noting that government agencies not only have treaty and legal responsibilities but better funding. “The tribes have been the strongest advocates with the least resources.”

They will sample resident fish, young salmon on their way to the ocean, and adult salmon after they’ve returned.

They have two years to finish the work. After that, funding for their monitoring becomes a question mark.

Methodology

Oregon Public Broadcasting and ProPublica reporters conducted interviews and listening sessions with tribal leaders, toxicologists and public health experts, many of whom became informal advisers throughout the project. Tribal leaders expressed support and interest in additional fish testing. Based on these conversations, the reporters developed a preliminary methodology to test salmon for toxics in a stretch of the Columbia River. The reporters sent this methodology to the same informal advisers for review.

A reporter purchased 50 salmon from tribal fishers upriver of the Bonneville Dam, in the zone of the river reserved for tribal treaty fishing. The majority of the fish were fall Chinook salmon, with two coho salmon and one steelhead. The fish were caught in late September 2021. With the salmon in hand, a reporter gutted the fish, removed the heads and cut them into pieces so they would fit into five coolers. The fish were placed on ice in five different coolers, with 10 fish of roughly the same size placed in each cooler.

Testing of fish can be done on the whole body of the fish, on a fillet with the skin on or on a fillet with the skin removed. Although many people, particularly in tribal communities, consume the head of the fish, reporters asked the laboratory to test fillets with skin because it was determined to capture the best approximation of what’s most often consumed in tribal diets.

A reporter sent the fish samples to ALS, a certified laboratory, and followed ALS protocols for the collection and delivery of samples. The laboratory combined fish to create five new composite samples, each one with 10 fish. (Creating composite samples enables more fish to be tested without raising laboratory costs.) Then, ALS technicians conducted testing to assess levels of 13 metals and two classes of chemicals in each of the five fish samples. In March 2022, ALS sent OPB and ProPublica an analytical report that included the case narrative, chain of custody and testing results, which we again shared with experts and public health officials as we developed a plan to analyze the results.

As a first step, the reporters conducted quality assurance checks on the testing and processed the data. While doing so, the reporters encountered testing limitations that prompted them to make two choices that are standard in both national and international approaches to fish toxics testing:

  1. ALS tested for general mercury, yet methylmercury is the form that is most concerning to public health. The EPA and European Food Safety Authority assume 100% of mercury sampled in fish tissue is methylmercury. The reporters adopted the same approach.
  2. ALS tested for arsenic, yet inorganic arsenic is the form that is most concerning to public health. The reporters found that there isn’t as much of a cohesive approach toward identifying the proportion of arsenic that is inorganic without directly testing for it. The Idaho Department of Environmental Quality recently launched a sampling effort where researchers found that, on average, about 4% of the arsenic in fish is inorganic. The department’s study is one of the most robust examinations of inorganic arsenic concentrations near the Columbia River. The Oregon Health Authority takes a different approach. David Farrer, a toxicologist with the agency, said they would initially assume 10% of arsenic is inorganic and, if the results signaled the levels could harm human health, they would then reanalyze any leftover sample specifically for inorganic arsenic. If that were not possible, the health department would not use the data at all. Given these uncertainties, OPB and ProPublica chose not to move forward with assessing cancer risk of inorganic arsenic since the news organizations did not specifically test for it.

 

The reporters then calculated the average concentration of chemicals across each of the wet weight samples. They then assessed how these results compared to EPA, Oregon Health Authority and Washington Department of Health standards.

Of the 13 metals and two classes of chemicals tested, three contaminants surpassed federal and local standards at varying levels of fish consumption: mercury, or methylmercury; polychlorinated biphenyls, or PCBs; and dioxins/furans.

The reporters shared their methodology and findings with experts for review. Toxicologists with the Oregon Health Authority and the Washington Department of Health, as well as former and current EPA scientists, reviewed the results and, in some cases, conducted their own calculations to assess how the testing findings compared to their respective standards. The reporters then met with each of these individuals to talk through the findings, ask and answer questions, and ultimately update their own findings to incorporate feedback. The experts’ feedback was consistent with one another. This process led to the finding that concentrations of mercury (methylmercury) and PCBs would warrant the EPA and at least one state health agency to recommend eating no more than eight 8-ounce servings of salmon in a month. The equation used for these calculations can be found in this Oregon Health Authority report (Page 4) and this Washington Department of Health report (Page 35).

Simultaneously, OPB and ProPublica calculated the estimated cancer risk from consuming salmon with the contaminant levels found through our testing. For each contaminant, a reporter calculated the levels of exposure for multiple scenarios based on how different populations eat, including general population consumption and average and high rates for Columbia River tribes, which were based on consumption surveys. The amount of contamination assumed in this calculation was taken from the 95% upper confidence limit of the test results. Current and former EPA scientists reviewed the methodology and calculations.

 

To calculate lifetime cancer risk, the dose of a probable carcinogen must be multiplied by a cancer potency factor, which estimates toxicity. Cancer potency factors, also known as slope factors, were sourced from this EPA report. Former and current EPA officials, as well as an epidemiologist, reviewed the calculations and results.

 

We also factored in the following consideration: Under EPA guidance, when calculating safe levels of exposure to different chemicals, the agency calculates monthly limits to the exact number of meals a person should eat. But it then rounds that down to the nearest multiple of four in an effort to make risk communication easier to follow. For example, if one were to find that the levels of dioxins would warrant that someone only eat five fish per month to avoid excess cancer risks, that would be rounded down to the four fish per month.

Ultimately, this led to the finding that, based on the levels of dioxins in our samples, anything above four 8-ounce servings of these tested fish each month would create an excess cancer risk beyond the EPA’s benchmark of 1 in 100,000. That means of 100,000 people exposed to these levels of contaminants, one of them would develop cancer as a result of the exposure.

Devastating pre-holiday rail strike looms after unions reject deal — will Biden force workers back?

The prospect of a potentially devastating rail workers strike is looming again.

Fears of a strike in September 2022 prompted the Biden administration to pull out all the stops to get a deal between railroads and the largest unions representing their employees.

That deal hinged on ratification by a majority of members at all 12 of those unions. So far, eight have voted in favor, but four have rejected the terms. If even one continues to reject the deal after further negotiations, it could mean a full-scale freight strike will start as soon as midnight on Dec. 5, 2022. Any work stoppage by conductors and engineers would surely interfere with the delivery of gifts and other items Americans will want to receive in time for the holiday season, along with coal, lumber and other key commodities.

Strikes that obstruct transportation rarely occur in the United States, and the last one involving rail workers happened three decades ago. But when these workers do walk off the job, it can thrash the economy, inconveniencing millions of people and creating a large-scale crisis.

I’m a labor historian who has studied the history of American strikes. I believe that with the U.S. teetering toward at least a mild recession and some of the supply chain disruptions that arose at the outset of the COVID-19 pandemic still wreaking havoc, I don’t think the administration would accept a rail strike for long.

19th century rail strikes

Few, if any, workers have more power over the economy than transportation workers. Their ability to shut down the entire economy has often led to heavy retaliation from the government when they have tried to exercise that power.

In 1877, a small strike against a West Virginia railroad that had cut wages spread. It grew into what became known as the Great Railroad Strike, a general rebellion against railroads that brought thousands of unemployed workers into the streets.

Seventeen years later, in 1894, the American Railway Union went on strike in solidarity with the Pullman Sleeping Car company workers who had gone on strike due to their boss lowering wages while maintaining rents on their company housing.

In both cases, the threat of a railroad strike led the federal government to call out the military to crush the labor actions. Dozens of workers died.

Once those dramatic clashes ended, for more than a century rail unions have played a generally quiet role, preferring to focus on the needs of their members and avoiding most broader social and political questions. Fearful of more rail strikes, the government passed the Railway Labor Act of 1926, which gives Congress the power to intervene before a rail strike starts.

Breaking the air traffic controllers union

With travel by road and air growing in importance in the 20th century, other transportation workers also engaged in actions that could shut down the economy.

The Professional Air Traffic Controllers Association walked off the job in 1981 after a decade of increased militancy over the stress and conditions of their job. The union had engaged in a series of slowdowns through the 1970s, delaying airplanes and frustrating passengers.

When it went on strike in 1981, the union broke the law, as federal workers do not have the right to strike. That’s when President Ronald Reagan became the first modern U.S. leader to retaliate against striking transportation workers. Two days after warning the striking workers that they would lose their jobs unless they returned to work, Reagan fired more than 11,000 of them. He also banned them from ever being rehired.

In the aftermath of Reagan’s actions, the number of strikes by U.S. workers plummeted. Rail unions engaged in brief strikes in both 1991 and 1992, but Congress used the Railway Labor Act to halt them, ordering workers back on the job and imposing a contract upon the workers.

In 1992, Congress passed another measure that forced a system of arbitration upon railroad workers before a strike – that took power away from workers to strike.

New era of labor militancy

Following decades of decline in the late 20th century, U.S labor organizing has surged in recent years.

Most notably, unionization attempts at Starbucks and Amazon have led to surprising successes against some of the biggest corporations in the country. Teachers unions around the nation have also held a series of successful strikes everywhere from Los Angeles to West Virginia.

United Parcel Service workers, who held the nation’s last major transportation strike, in 1997, may head back to the picket lines after their contract expires in June 2023. UPS workers, members of the Teamsters union, are angry over a two-tiered system that pays newer workers lower wages, and they are also demanding greater overtime protections.

But rail workers, angered by their employers’ refusal to offer sick leave and other concerns, may go on strike first.

Rail companies have greatly reduced the number of people they employ on freight trains as part of their efforts to maximize profits and take advantage of technological progress. They generally keep the size of crews limited to only two per train.

Many companies want to pare back their workforce further, saying that it can be safe to have crews consisting of a single crew member on freight trains. The unions reject this arrangement, saying that lacking a second set of eyes would be a recipe for mistakes, accidents and disasters.

The deal the Biden administration brokered in September would raise annual pay by 24% over several years, raising the average pay for rail workers to $110,000 by 2024. But strikes are often about much more than wages. The companies have also long refused to provide paid sick leave or to stop demanding that their workers have inflexible and unpredictable schedules.

The Biden administration had to cajole the rail companies into offering a single personal day, while workers demanded 15 days of sick leave. Companies had offered zero. The agreement did remove penalties from workers who took unpaid sick or family leave, but this would still leave a group of well-paid workers whose daily lives are filled with stress and fear.

What lies ahead

Seeing highly paid workers threaten to take action that would surely compound strains on supply chains at a time when inflation is at a four-decade high may not win rail unions much public support.

A coalition representing hundreds of business groups has called for government intervention to make sure freight trains keep moving, and it’s highly likely that Congress will again impose a decision on workers under the Railway Labor Act. The Biden administration, which has shown significant sympathy to unions, has resisted supporting such a step so far.

No one should expect the military to intervene like it did in the 19th century. But labor law remains tilted toward companies, and I believe that if the government were to compel striking rail workers back on the job, the move might find a receptive audience.

 

Erik Loomis, Professor of History, University of Rhode Island

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

The best Thanksgiving sides, desserts and appetizers from Aldi

If you were to (inexplicably) ask me to come up with an elevator pitch for Aldi, I’d offer up “Aldi is a treasure trove of grocery goodness with outrageously affordable prices.” When a brand new Aldi location opened in my immediate area last summer, I wasn’t sure if I’d be a fan. In my first foray exploring the store, though, I knew I had found a new standby.

Aldi, a cult-favorite supermarket and grocery chain, has exploded in popularity in recent years. In addition to groceries, they also offer a ton of other items, everything from blankets to Christmas stockings to candles and cleaning products.  With its quirks and appeals, quarter in the shopping cart included, the German grocer has become a prized go-to for so many. Its prices, practically across the board, seem unquestionably cheaper than most other grocery stores and supermarkets at large. 

In addition, as noted by The Takeout, Aldi is offering something called Thanksgiving Price Rewind, meaning they’ll be selling items at the price they were on sale for in 2019, which can account for up to 30% in savings! Even beyond the Thanksgiving Price Rewind offering, though, Reuters notes that Aldi has actually “managed to keep its prices on items like fresh produce 20-40% lower than it s competitors.” This would be incredible at any time, but it’s especially welcome right now, as inflation is still affecting groceries just as we’re entering holiday season.

When it comes to Thanksgiving sides, appetizers and desserts, some have a robust cult following (stuffing, canned cranberry sauce) while others are traditional stalwarts (pumpkin pie, mashed potatoes). This year, if you’re looking to pick up some easy, practically ready-to-serve treats to help round out the holiday meal, or if perhaps you’re attending another festivity and have been asked to bring something potluck style, then look no further than Aldi.

They have myriad options that are flavorful, affordable and totally festive, asking them a great one-stop-shop for Thanksgiving treats, dishes and ideas that are a bit “off the beaten path.” Tradition is tradition for a reason and those dishes will always have their place on the table, but it doesn’t mean some extra little additions are unwelcome.

Read ahead for some stellar ideas!

01
Ritz Toasted Chips
An amazingly convenient vehicle for salsas, dips, chutneys, guacamole, caponata, brie and cranberry, or anything else you’re serving as a starter or appetizer to whet your guests’ appetites, these chips are flavorful, crisp and provide a great background note that complements whatever you serve them with. Mix-and-match with different flavors to see what might the best pair, or conversely, pulverize these and use them as a crispy-buttery topping for mashed potatoes or macaroni and cheese. Win-win!

 

https://www.instagram.com/p/CEH5GSeHKiS/?hl=en 

02
Deli-Sliced “Italian Trio”
A perfect start to any charcuterie board, purchase one of these for a ton of meats and cheeses at a super affordable price. Accentuate with other meats and cheeses, nuts, olives, jams, jellies, honey, breads or anything else you like as a starter. You really can’t go wrong and it’s a great way for you guests to graze before the home-cooked food starts being served. 

https://www.instagram.com/p/Cj5WIzJLOVG/?hl=en

03
Pumpkin Spice Apple Cider
Offered in both alcoholic and non-alcoholic iterations, this is the ideal Thanksgiving beverage. It’s just as terrific when enjoyed with turkey, potatoes and stuffing as it is when enjoyed with pumpkin pie. 

https://www.instagram.com/p/Cilf_bPrMXl/?hl=en

04
Tofu

 

If you have some vegan or vegetarian guests who are abstaining from the turkey, perhaps make a tofu dish that will be more up their alley? No matter the preference, Aldi’s tofu offerings are varied and diverse, encompassing every range of flavor profile and consistency imaginable. Dress them up as you see fit — or simply serve as is.

https://www.instagram.com/p/CEZhWXxnxcM/?hl=en

05
Pumpkin Spice Coconut Whipped Topping
Looking for a non-dairy way to gussy up your pecan pie? There may be no better option than this pumpkin spice-flavored non-dairy whip, which will enrich and flavor your pies like you wouldn’t believe.

https://www.instagram.com/p/Cj-lnS_LIEy/?hl=en

“Spent more on stock buybacks than pay raises”: Why Walmart workers are still broke

In 2003, Rick Wartzman was overseeing the business section of the Los Angeles Times when his team produced a Pulitzer Prize-winning series of stories detailing how Walmart became the largest company in the world — and how its rise relied on low wages for its workers and those of its suppliers. Those stories helped to solidify a widespread perception of Walmart as an exploitative force in the global economy.

In 2015, Walmart — the largest private employer in the United States — announced a series of labor policies that raised worker pay. More recently, it has converted many of its part-time workers to full-time employees. Wartzman, who had moved on to become executive director of the Drucker Institute at Claremont Graduate University (where he is now head of the KH Moon Center for a Functioning Society), decided to commit himself to studying how and why Walmart transformed its relationship with its lowest-paid workers. He was granted an unusual amount of access by the company to its top executives, board members and employees.

His new book, Still Broke: Walmart’s Remarkable Transformation and the Limits of Socially Conscious Capitalism, chronicles the external pressures and internal self-examination that compelled the company to raise pay and provide greater opportunities for its front-line workers. He concludes that good intentions, even when followed by substantial actions, are not enough to ensure that hourly workers earn a living wage. 

In an interview with Capital & Main, Wartzman (who serves on Capital & Main’s board of directors) discusses what he learned about Walmart as a global standard-bearer, and why he believes that government action is needed to create a fairly compensated workforce at the retail giant and beyond.

(This interview was edited for length and clarity.)


Capital & Main: How did your perspective shift on Walmart over the years? 

Rick Wartzman: In my last book, The End of Loyalty, which came out in 2017, I was very critical of Walmart’s labor practices. That book covered a period from the end of World War II up to the Great Recession, so it predated all the changes I write about in Still Broke. I portrayed Walmart in The End of Loyalty as a model of 21st century capitalism, one that focused on a race to the bottom and driving labor costs as low as possible in order to fatten the bottom line and keep the stock price high and keep shareholders happy.

Then you flash forward, and I was giving some book talks about The End of Loyalty for the Federal Reserve and at the Aspen Institute, and there were some Walmart executives in the audience. Part of my speech was about the need for more employer provided skills training for front-line workers in particular. That skills training provided by companies had really eroded over the past 40, 50 years, along with pay and benefits and job security. It was another aspect of the social contract between employer and employee that had unraveled.

At the same time, in my day job at the Drucker Institute, I had, along with some colleagues, started to develop a lifelong learning system, which would make it easier for people to be able to discover and access the courses and classes that they needed to learn new skills.

Walmart ended up becoming an early funder of that project, along with Google and some others. But Walmart was a huge, significant funder. I was shocked, having been this harsh critic for so long, that my institute got this funding. 

I got a window into the company in a way I hadn’t had purely as a journalist. And I started to meet people who frankly surprised me. They self-identified, a number of them, as progressive. They said they had specifically come into Walmart to help make change, particularly around the way the company treated its front-line workers. They had in fact raised wages in 2015. And many of the folks I was meeting had helped drive that process. And it occurred to me that maybe I should take a fresh look at things.

Did you think that relationship created a conflict for you as a journalist? 

No, I really didn’t.

This book is not a screed against Walmart, and it’s also not a hagiography that holds them up as the great corporate savior. I think it recognizes the good they’ve done and ultimately concludes it’s not enough, and that’s where I land.

They hate the title of the book, Still Broke. And it refers to their workers obviously still not having a living wage even after all the positive change they’ve made. It refers to, in many ways, Walmart therefore still being broken, and really our larger system in this country and society being broken. The title works on all three of those levels.

In terms of any conflict from my institute having received Walmart funding, I wrestle with this in the book, but what I say is that I’m always, as a journalist, going to call it as I see it.

In 2015, after Walmart raised its pay for its workers, its stock price took a beating. Does that keep other companies from making a move like Walmart did in 2015 or even today have a deterrent effect on Walmart doing more of that?

Walmart saw $20 billion of market cap go “poof” in one day. The stock lost 10% of its value. Just took an enormous hit. There have been others over the years, from American Airlines to Chipotle, same thing. They’ve raised pay and the stock’s taken a 5% hit or whatever. And so this is all too typical and underscores the pressure that companies are under from Wall Street.

Now, when Walmart presented to the financial community what its higher wages would mean for the bottom line, it actually also gave something to Wall Street. It announced that same day that it was going to repurchase up to $20 billion of its stock. Companies buy back their own shares for all kinds of reasons, but it’s generally viewed as a giveaway to stockholders. It generally is designed to pump up the stock price. And Walmart announced this big stock buyback the same day. It obviously wasn’t enough. Wall Street was focused on the investment in workers, and there were some other investments Walmart was making in technology, and the stock price got clobbered when it became clear that profits would be squeezed, at least in the short term.

Walmart has in fact spent more on stock buybacks than pay raises, correct? 

Yes. In fact, let me give you one more set of numbers, which I think may be the most telling in the book. From 2015 when Walmart implemented that first wage increase, up until the end of last year, the company invested $5 billion to $6 billion in higher pay and better benefits. They have, to their credit, more full-time workers now and fewer part-timers. They’ve invested a lot in worker training. All of these positives add up to $5 billion to $6 billion. That’s real money. That’s nothing to sneeze at. Again, a remarkable transformation.

But over that same period, from 2015 to the end of last year, Walmart bought back $43 billion worth of their stock. As journalists, we’re taught to follow the money. Companies like Walmart talk a lot about embracing stakeholder capitalism and taking care of providing value for all of their stakeholders, including their workers. And to some degree, that’s obviously true; they’ve invested $5 billion to $6 billion. But that doesn’t necessarily mean shareholder primacy — putting shareholders first — is dead. You can just follow the money and see.

And were those pay raises since 2015 game changers for workers and industry? 

Context is really important here. The initial pay raise that Walmart made was to its starting pay. And at the time, back in 2015, the starting pay at Walmart averaged $7.65 an hour. That was a tick over the federal minimum wage, which then, and unfortunately still, was stuck at $7.25 an hour. Walmart then boosted that to $9 an hour and then $10 an hour in a two-step, two-year process. Today, the company’s starting pay is $12 an hour. And so directionally, that’s all really good.

In recent years, Walmart has raised pay for others in different roles, and so the company’s average wage is now a little bit over $17 an hour. Again, in the context of Walmart being Walmart and its long history of tamping down wages, that’s real progress. That is a remarkable transformation, in my view.

But where does that leave workers? Even with all the progress, the average Walmart worker still makes less than $29,000 a year. That is not a living wage anywhere, really, in America.

That is a huge problem. And it is typical of so many industries that we know of, not just retail, but fast food and caregiving and agriculture and warehousing and gig work — industry after industry. These are folks who serve us and really take care of us and then are often left at the end of the month turning to Medicaid or food stamps to make ends meet. These are people who face painful tradeoffs between food and medicine and paying their rent. These are awful choices in the richest country on Earth.

You reached the conclusion that in the United States, we need a government mandated federal minimum wage of $20 an hour. What, in doing this work on Walmart, got you to that conclusion?

In the eyes of many, Walmart has really embraced stakeholder capitalism and is taking positive steps.

But again, at the end of the day, its average worker is making less than $29,000 a year. It still has far too many workers — I think one is too many — on Medicaid and food stamps. It has workers struggling to make ends meet, folks who wake up every day and work hard. And so what this showed me is we can only solve this as a collective. Corporate America will never go far enough or fast enough on its own. This needs to be a public solution. We need a government-mandated living wage of $20 an hour.

Another dimension you look at in your book is Walmart’s long history of antagonism to labor unions. Has their corporate perspective on unions evolved at all?

No, this is one place that Walmart has not evolved at all. What has changed is that it is no longer an active issue. For all intents and purposes, the United Food and Commercial Workers has given up trying to organize Walmart. It’s just proved too big a mountain to climb. It’s too vast. 

But Walmart’s posture has not changed. It views any union as an interloper. Executives say, “We don’t need any third party organization coming between us and our beloved associates.” It’s the same rhetoric that every union-busting company uses. You can hear the same sort of language from Amazon and Starbucks today. It’s the same playbook, and it’s one that Walmart, in many ways, wrote.

And is the diminished presence of unions another reason why you think the government mandated minimum wage has to be the solution?

I really do. Walmart is the biggest employer in America, so in some ways they set the standard. But they’re also just a symptom of company after company in industry after industry that has this army of low paid workers.

Look, I’m not naive. With government so polarized it is hard to get things done. We can’t even get to a $15 an hour minimum wage or even $10.

I’m sure people will say, “$20 an hour — that is so radical.” But again, what I think is radical is living in the richest country on Earth and having tens of millions of people struggle in the way I’ve described.

SCOTUS rejects Trump’s bid to block tax returns from Congress — and they may be leaked publicly

In about a month, the House will change hands to Republicans, but before that can happen, the Supreme Court agreed that House Democrats should be handed over to the Democrats on the House Ways and Means Committee that requested them as part of their ongoing investigation into emoluments violations.

In a simple decision, Chief Justice John Roberts wrote that “the application for stay of the mandate presented to The Chief Justice and by him referred to the Court is denied. The order hereofore entered by the Chief Justice is vacated.”

It means that the Trump taxes will be handed over regardless of Trump’s protests.

MSNBC reporter Garrett Haake cited the history of Congress leaking things to the press and noted that after the documents are sent, they will likely be reported publicly.

Read more about Trump’s legal battle over his taxes here.

Thanks, Patti LaBelle: Sweet potato pie will always beat pumpkin in my household

Cold weather’s return brings with it the memory of sweet potatoes roasting, a perfume that was a constant in my childhood home owing to my mother’s love of those roasted tubers. Whenever we had them in the house, she’d always have one or two in the oven sitting cold and soft in their skins, waiting to be reheated as a side for whatever she was having.  

Mom would consume them unadulterated, and with anything one could imagine, a treat carried over from her childhood reminiscence that she didn’t force on her children. The rest of us viewed sweet potatoes as a holiday food – roasted, yes, but also bathed in brandy, lemon, sugar, and spices.

The flavor in each silky triangle . . . pretty much ruined pumpkin pies for me.

The real sweet potato scores were the pies obtained from some other skilled baker. Mom was a champion fruit piemaker – her apple was legendary, but her blueberry, cherry, and peach pies also achieved nirvana in a flawlessly flaky crust.  

But to her sweet potatoes were part of the meal, not a dessert. That left me to slake my pie lust whenever one turned up at church potlucks or extended family gatherings. The flavor in each silky triangle programmed my palate to delight in the silky combination of spices, citrus, and the earthy, balanced sweetness of the main ingredient. And that pretty much ruined pumpkin pies for me.

The sweet potato is the custard-like ingredient of choice in many Black households on Thanksgiving, Christmas, or any occasion where pie for dessert is welcome and fitting, a tradition with profound meaning and roots in Black American culture.

In the early 1900s, civil rights leader and educator Mary McLeod Bethune sold sweet potato pies to fund her Florida school for Black children, the Educational and Industrial Training School for Negro Girls, which eventually became Bethune-Cookman University. More than a century later the dessert is still associated with community building and activism, demonstrated through the Minnesota-based Sweet Potato Comfort Pie, which has delivered pies to communities affected by mass shootings and other sorrows.

“Pie to me, is a delicious way of nurturing the human spirit,” says the organization’s founder Rose McGee, who was raised in rural Tennessee and calls sweet potato pie “the sacred dessert of Black people.”

Searching history would lead one to assume that preference is rooted in West African culinary traditions, where yams, cassava and plantains were a staple food. In reality, like white potatoes, these crops are indigenous to the Americas, likely originating in Peru before traveling to Europe, where chefs to the upper classes likely were the first to adapt them for confectionery uses.

The West African cooks brought to this continent as enslaved people, meanwhile, were said to have been unimpressed by the root vegetable, dismissing it as “the white man’s yam.” There’s a reason for that: white plantation owners were prone to imitating European society and likely required their chefs to transform sweet potatoes, which grow easily in the South, into desserts.

Hence, the sweet potato/pumpkin pie divide is likely related to where you and your ancestors were raised. If your family hails from the South one or two generations back, you’re probably a sweet potato pie stan. Northerners made do with pumpkins.

On his website Dr. Frederick Opie, Babson College professor of history and foodways, cites the observations of New York Amsterdam News food writer on Ann Schuyler on the matter of the sweet potato’s dominance in Southern culture:

If your family hails from the South one or two generations back, you’re probably a sweet potato pie stan. Northerners made do with pumpkins.

“Below the Mason-Dixon line . . . We don’t have just one of two ways of cooking succulent sweet potatoes,” Schuyler wrote. “We used them candied and delicate soufflés that quiver as they come to the table, combined with apples, and in pies that for sheer flavor leave the pumpkin pie of New Englanders in the background.”

Then again, Patti LaBelle likely obliterated all border-based traditions once she started selling her pies at Walmart.

If you recall, about seven years ago LaBelle’s pie went viral thanks to YouTube influencer James Wright Chanel singing (the hell out of) her praises while devouring a slice of her pie. At that point the soul diva’s cooking skills were already amply established and published; Wright’s 2017 video review came out seven months after the release of her second cookbook, “Desserts LaBelle: Soulful Sweets to Sing About,” which includes an updated version of the recipe.

Wright’s melodious wail of approval sent Thanksgiving shoppers to stores and as a result, they’re now a holiday institution, eliminating the need for anyone to subject themselves to gourd-derived blandness.

It could very well be the case that I have never had an exceptional pumpkin pie. Most of the ones I’ve eaten come from the grocery store or a friend who simply emptied some filling into a store-bought pastry into a can – which is understandable! Processing fresh pumpkin flesh seems like a whole deal.


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Sweet potatoes, on the other hand, slip their skins easily when boiled, and prepare as simply in the microwave.  They’re also naturally sweeter, with a sugar content that plays better with nutmeg and cinnamon and requires fewer additives to yield flavor that satisfies.

Provided you don’t make your holiday desserts, or you don’t know anyone, preferably a church lady, who will bake one for you, Miss Patti’s pies are a blessing and a slice of heaven, with a mousse-like mouthfeel and an even balance of spice and sweet potato flavoring.

But if you want to make it yourself, the recipe is easy to follow and even simpler if you decide to use a store-bought crust to save time. I know, yes, Miss Patti would not be proud of that suggestion. Of course homemade crust tastes better, especially if you use shortening for extra flakiness.

It’s also Thanksgiving, and nobody’s going to penalize you for saving time and energy by using a crust from a box. (We recommend Trader Joe’s version for their homemade taste.)

We’re listing the version in LaBelle’s 1999 cookbook that she credits to her best friend Norma Gordon Harris. We love it for the brown sugar base that prevents the filling from making the crust soggy while adding a touch of caramelized goodness.  

Once you taste it, you may never again settle for a dreary pumpkin tart.

* * *

Adapted from “LaBelle Cuisine: Recipes to Sing About” 

Norma’s Black-Bottom Sweet Potato Pie
Yields
8-10 servings
Prep Time
 45 minutes to 1 hour
Cook Time
Between1 hour and 90 minutes

 

Ingredients

1 ready-to bake pie crust (homemade or store bought)

1 tablespoon butter, melted

1/4 cup packed light brown sugar,

For the filling:

3 well-scrubbed large orange-fleshed sweet potatoes

7 tablespoons unsalted butter, melted

1/2 cup packed light brown sugar

1/2 cup granulated sugar

2 large eggs, beaten

1/4 cup half-and-half

3/4 teaspoon ground cinnamon

1 teaspoon freshly grated nutmeg

Directions

  1. Preheat your over to 400 degrees
  2. Par-bake the pie crust: Brush the inside with 1 tablespoon of melted butter, then sprinkle the 1/4 cup of brown sugar over the bottom. Bake just until the crust starts to brown, about 15 minutes. Remove from the oven and let cool.
  3. To make the filling: Pierce each sweet potato several times with a fork. Then place them in your microwave in a spoke pattern and cook them on high, turning the sweet potatoes over after 4 minutes. Check them at eight minutes to for tenderness. Cooking shouldn’t take more than 10 minutes total. Let them cook until you can handle them. Or you can do the old-school method and boil them from 30 to 45 minutes.
  4. Split each microwaved sweet potato in half and spoon the flesh into a medium to large mixing bowl. Or, if using the boiling method, wait until they’re cool enough to handle and slide the skins off using your hands and discard.
  5. Use a hand-held electric mixer to blend the potatoes until creamy and smooth. As an optional step, you can press the creamed potatoes through a sieve to eliminate the fibrous threads. Measure out 3 cups of the potatoes, and save the rest for another use.
  6. Add the 7 tablespoons of melted butter, brown sugar, granulated sugar, eggs, half-and-half, cinnamon and nutmeg to 3 cups of the pureed sweet potatoes, and beat with the hand mixer until completely blended. Pour this filling into the par-baked pie shell, using a spatula to smooth the surface until even.
  7. Reduce the oven temperature to 350 degrees, and bake for between 1 hour and 90 minutes.You’ll know that the pie is done when the center has a slight jiggle and a knife inserted near the outer rim comes out clean.
  8. Let the pie rest a room temperature for at least two hours, then cover loosely with plastic wrap or foil and refrigerate for up to 24 hours until it’s time to serve. Makes one 9-inch pie.

“Cold feet”: Court filing slams DOJ for sitting on “a mountain of evidence” in Gaetz sex crime probe

Despite being caught up in a major sex scandal, Rep. Matt Gaetz of Florida enjoyed a landslide victory in the 2022 midterms. The far-right MAGA Republican defeated Democratic challenger Rebekah Jones by 35 percent.

Democrats, on the whole, performed much better than expected in the midterms, keeping their U.S. Senate majority and winning key gubernatorial races in Pennsylvania, Arizona, Michigan, Wisconsin and other swing states. But Florida was one state that really did see a red wave on Election Night; Gov. Ron DeSantis and Sen. Marco Rubio were both reelected by double digits. And the Gaetz/Jones competition wasn’t even remotely close.

Nonetheless, the sex scandal involving Gaetz remains despite what the Daily Beast’s José Pagliery describes as a “mountain” of evidence in the case. And attorney Fritz Scheller, Pagliery reports, is vehemently critical of how federal investigators have handled the case.

In an article published on November 22, Pagliery explains, “The Florida lawyer who gave the feds a mountain of evidence documenting Rep. Matt Gaetz’s alleged sex crimes says the Department of Justice — which has yet to prosecute the congressman — is ‘like Nero fiddling away as Rome burns.’ In a court filing Monday night, (November 21) the attorney representing a key government witness in the sex trafficking investigation finally put into writing a scathing criticism of the DOJ’s inaction.”

Scheller wants to know why federal prosecutors have gone after his client, Joel Greenberg, in the case but haven’t gone after Gaetz as aggressively.

Pagliery reports, “The rare and aggressive move calls out the DOJ for trying to destroy the life of a local corrupted tax official who snitched on his buddies — Joel Greenberg — but not pursuing a criminal case against the popular, rich Republican congressman who allegedly took part in the drugs and paid for sex with a teenager. Greenberg’s defense lawyer, Fritz Scheller, ripped into the high-level public corruption prosecutors at DOJ headquarters, suggesting that the case might be better handled locally.”

In his November 21 court filing, Scheller wrote, “The United States Attorney’s Office for the Middle District of Florida is the only DOJ office to have brought multiple prosecutions based on Greenberg’s cooperation. Perhaps the DOJ will return the prosecutions to the capable hands of U.S. Attorneys in the Middle District or the State of Florida.”

Pagliery notes that Greenberg “gave federal law enforcement a ton of damning evidence on Gaetz, sitting for hours with them to answer questions about their rendezvous with girls, according to two sources with knowledge of those sessions.” The Daily Beast, according to Pagliery, “exclusively obtained a confession letter Greenberg wrote explaining how Gaetz used him as a middleman to pay for sex with young women and at least one underage girl.”

“The Daily Beast also obtained Greenberg’s non-public Venmo payments, which reflect that arrangement,” Pagliery reports. “In one instance, Gaetz paid his pal $900 and wrote “hit up ___” in the memo field, referring to the teenage girl who they started seeing when she was underage. The FBI opened its investigation into Gaetz in August 2020, the same month Greenberg was charged with trafficking that teen.”

Pagliery continues, “The New York Times first exposed the existence of that investigation in March 2021. The Daily Beast then revealed the growing body of evidence that Gaetz was actually involved. But in September this year, The Washington Post reported that federal prosecutors had suddenly gotten cold feet, choosing not to file criminal charges against the congressman for the sex trafficking allegations.”

6 Trader Joe’s Thanksgiving desserts to add to your cart right now

The real showstopper of Thanksgiving isn’t the bird (especially amid a turkey shortage coupled with inflation), sweet potato casserole or cranberry sauce — it’s dessert! From apple pie and classic apple crisp to boozy pecan pie and traditional pumpkin pie, the options are not only decadent but also limitless.

Baking your own Thanksgiving desserts from scratch requires time, which is something you may be short on this year. Thankfully, Trader Joe’s has an assortment of grab-and-go holiday sweets that check all the right boxes. Whether you’re craving the rustic flavor of apples or the creaminess of cheesecake this holiday season, here are six Thanksgiving desserts that you can add to your cart right now.

This list adds to Salon Food’s growing library of supermarket guides. If you’re looking for a new and fun snack to enjoy this season, check out the 15 best Trader Joe’s fall snacks to stuff in your basket.

Apple Crumble Pie

https://www.instagram.com/p/CkzFim6vgB9/?hl=en

Trader Joe’s limited-time-only Apple Crumble Pie sounds like the perfect way to end a feast. This holiday dessert is made from cinnamon-imbued Northern Spy apples, an all-butter pastry crust and a buttery, brown-sugar oat crumble topping, all of which are baked to perfection. It’s also 8 inches in diameter, so there’s plenty to enjoy with a crowd.

Typically, apple pie tastes pest best served warm with a heaping scoop or two of vanilla ice cream and a piping hot cup of coffee.

Pumpkin Sticky Toffee Cakes

https://www.instagram.com/p/CjLny3lO8F7/?hl=en

Priced at $3.99 for a box of two, Trader Joe’s Pumpkin Sticky Toffee Cakes are mini Bundt cakes flavored with pumpkin, dates and brown sugar and coated in a deliciously sticky caramel sauce. Pop a cake in the microwave; once heated, top it with a dollop of vanilla ice cream or fresh whipped cream.

“From the soft, moist texture of the cake to the rich sweetness of the sticky toffee sauce and unmistakably autumnal pumpkin, cinnamon and clove notes throughout, everything about this dessert conjures coziness,” TJ’s says on its website. “And its price conjures value.”

Rustic Apple Tarte

https://www.instagram.com/p/CkorfFyJm_S/?hl=en

This frozen dessert flaunts a sweet and syrupy apple filling that is encased in a buttery crust. Simply put a frozen tarte in the oven, bake it for 20 to 25 minutes and voilà — dessert is ready! TJ’s Rustic Apple Tarte would pair exceptionally well with a sprinkle of pearl sugar and a scoop of salted maple ice cream, vanilla ice cream or whipped cream.

Per fans on Reddit, the tarte is both “delicious” and “so so so good.” “I bake a lot at home so I have high standards for baked goods but was really pleasantly surprised by this tarte! The filling was not too sweet, with a good amount of apple pieces and apple goo,” user u/btrd_toast writes. “Sometimes a French-style apple tarte can be kind of dry, which this was not. The apple flavor is good, like they didn’t use the absolute cheapest apples. The crust tastes of real butter.”

Pumpkin Cheesecake

https://www.instagram.com/p/CkJuDjipxYW/?hl=en

TJ’s Pumpkin Cheesecake is a creamy dessert that is made with smooth cream cheese, fresh pumpkin and seasonal pumpkin pie spices. The best part about this dessert? It requires no additional time in the oven — simply take it out of the package and enjoy as many slices as your heart desires.

A slice can be enjoyed all on its own or top it with whipped cream, pumpkin-flavored ice cream or caramel sauce. If you’re looking for something creamy and pumpkin-y, this may be it.

Autumnal Pie Truffles

https://www.instagram.com/p/CkeNddXy4aP/

The Belgian-made chocolates in this seasonal assortment are shaped like little pie slices and filled with traditional pie fillings. Each pack contains four flavors: apple pie (caramel apple cinnamon filling with milk and white chocolate shell), pumpkin pie (cranberry ginger cinnamon filling with milk and dark chocolate shell), pecan caramel pie (salted caramel pecan filling with milk and dark chocolate shell) and silk mousse pie (chocolate and vanilla crème filling with milk and white chocolate shell).

The pie truffles are adorned with biscuit crumbs, brownie cookie crumbs, caramelized pecan nuts and milk chocolate pieces. Finish off your favorite pies with these mini sweets or serve them solo on a dessert platter.

Nantucket Style Cranberry Pie

https://www.instagram.com/p/CkjafCqp9Nn/?hl=en

Who says apple, pecan and pumpkin pies are the only desserts you can enjoy on Thanksgiving? NTJ’s Nantucket Style Cranberry Pie is a traditional New England holiday sweet that is made from tart cranberries, almonds, walnut pieces and vanilla. “One bite of this pleasantly tart alternative to traditionally super-sweet holiday offerings, and you won’t want to argue about whether it should be called pie, cake or cobbler — you’ll just want more,” TJ’s writes on its website.

Enjoy a pie at room temperature or warmed up with your choice of sweet embellishments. You can either set it out on the counter at room temperature for one to two hours or pop it in a 325-degree oven for 20 minutes.

Election lawyer mocks Kari Lake for crying “voter suppression” after GOP made it harder to vote

The GOP’s efforts to question elections, pass so-called voter fraud laws, and suppress votes is now working against them.

Elections lawyer Marc Elias explained on Monday that one of the excuses from Republican gubernatorial candidate Kari Lake is that her voters were blocked from voting due to voter suppression efforts. Those efforts have long been part of the conservative attempt to restrict the electorate as much as possible and make it more difficult for people to vote.

Elias joined former Sen. Claire McCaskill, D-Mo., on Monday with Nicolle Wallace to discuss their ongoing lawsuits around the election and protect the sanctity of the vote.

McCaskill explained that in her home state of Missouri, Republicans swept the state in federal and state seats. Yet, because Republicans have worked so hard to convince voters that elections should be questioned, the Republicans there are questioning the GOP wins.

“You know, Claire makes an excellent point about the narrative that Republicans are trying to spread in Arizona that somehow they were the victim of voter suppression,” said Elias. “I mean, if you look up the term chutzpah in the dictionary, you find the idea that Kari Lake is saying that there is voter suppression. They’re complaining that there were long lines. Well, you know why there were long lines? There were long lines because the Kari Lake and Republicans have been making it harder to vote in Arizona. They’re complaining voters were disenfranchised due to voter registration laws. Do you know why? Because Kari Lake and the Republicans have made it harder to register in Arizona. They’re claiming that ballots were thrown out due to mismatched signatures. Do you know why? Because when we sued Arizona to make signature matching more accurate and make it easier for people to cure their ballots, they opposed us. And by the way, on the long lines point, while they’re crying crocodile tears about people waiting in line for an hour or two in Maricopa County, where are they talking about the students who waited for six hours in the cold in Michigan to vote in their election?”

He went on to ask where Kevin McCarthy was on the issues like voter suppression and lies about the election. In fact, all Republicans, from Ronna Romney McDaniel to Mitch McConnell are all silent when it comes to such issues.

See the discussion below or at the link here:

Wake up, MSM: Donald Trump’s comeback is not funny

Serious, chronic illness is not funny. If left untreated, it can kill you.

My friend’s father was diagnosed with diabetes some years ago. He worked long hours and didn’t eat on a regular schedule. Yet he was overweight, probably because whenever he did eat he fueled up on fast food and soda. One day he fainted while repairing a car in his backyard and was diagnosed with diabetes. He vowed to change his lifestyle, and tried for a while. He joked with me about “catching the sugar” and “taking the needle,” but those wisecracks took the place of treating his illness. His health rapidly deteriorated. He had to face amputations and loss of vision, but kept laughing — I suspect out of the sheer terror of realizing that he was dying of a preventable illness. 

Consider Donald Trump, the proximate cause of one of America’s most serious and chronic illnesses. There is nothing funny about this national health crisis. Trump literally attempted a violent coup and has clearly proven himself to be a fascist, a white supremacist and a demagogue. He has no sense of the public good, and through willful negligence and depraved indifference, was culpable for the deaths of countless people in the United States during the COVID pandemic.

Trump’s threat to American democracy has not suddenly receded because the Democrats and the American people were able to gain some breathing room in the midterm elections.

Trump has given permission to his followers and other believers to engage in the worst of human behavior. Political scientists, historians, and other experts have shown that Trump’s movement are pushing the country into a potential period of sustained right-wing violence. Both explicitly and through the use of stochastic terrorism, Donald Trump and his propagandists have incited violence against Black and brown people, liberals and progressives, LGBTQ people, Muslims, Jewish people and others deemed to be less than a “real American.”

Last week, Donald Trump finally announced that he is once again running for president. As I wrote at the time, his speech on that occasion “felt like a remix of his infamous 2017 ‘American Carnage’ inaugural address, full of fabrications, threats, victimology, incitements to violence and outright hate speech.” Here are Trump’s actual words:

I believe the American people will overwhelmingly reject the left’s platform of national ruin.

Our southern border has been erased and our country is being invaded by millions and millions of unknown people, many of whom are entering for a very bad and sinister reason. And you know what that reason is.

Under Biden and the radical Democrats, America has been mocked, derided and brought to its knees, perhaps like never before.

The cities are rotting, and they are indeed cesspools of blood.

Anyone who truly seeks to take on this rigged and corrupt system will be faced with a storm of fire that only a few could understand.

In a post on his Truth Social site a few weeks earlier, Trump even suggested that the United States is an “evil” country:

The Witch Hunt continues, and after 6 years and millions of pages of documents, they’ve got nothing. If I had what Hunter and Joe had, it would be the Electric Chair. Our Country is Rigged, Crooked, and Evil — We must bring it back, and FAST. Next stop, Communism!

The clear implication of that rhetoric is that Trump, the Republicans and the larger neofascist movement must engage in a revolutionary project to cleanse such “evil” by destroying American democracy and rebuilding it according to their preferences.

How did the mainstream media and the pundit class respond to Trump’s 2024 presidential campaign announcement? For the most part, with mockery and contempt, as if they were writing movie reviews instead of warning the American people about one of the most dangerous figures in American history and what his formal return to political life is likely to mean.


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Trump’s speech was variously described as “boring.” “flaccid.” “dead,” “low energy,” “stupid,” “tedious” and “lacking excitement.” More troubling still, some of the sharpest and most incisive commentators in the American media retreated into such descriptions.

Donald Trump is the leader of a neofascist movement that has repeatedly demonstrated its propensity for violence and contempt for democracy. There is nothing funny about any of this. If this same scenario were unfolding in another country that had barely survived a violent coup attempt, the tone and language would have been very different. This defensive contempt and similar attempts to downplay the seriousness of Trump’s return serve to illustrate how much political deviancy and malignant normality have become seen as acceptable in the Age of Trump.

As many of the most important scholars, activists and journalists have articulated in various ways over the last decade or more, in the longer-term view the “conservative” movement and the global force of neoliberal capitalism actually birthed Trumpism and neofascism, and are not separate from it. The fascist project is even now being massaged, polished and mainstreamed as the “new normal” of the Republican Party, and thereby acceptable to the media and political class, as well as “ordinary Americans.”

At the inaugural Democracy Summit held last week at Howard University, media scholar Jay Rosen suggested that the American media must embrace pro-democracy journalism that goes beyond superficial horserace coverage to focus on more important questions: What are the stakes involved if a given candidate wins an election? How will that outcome impact the lives of the American people and the future of their democracy?

Margaret Sullivan offered this advice in a Washington Post essay last month, starting with the observation that after six years, “we journalists know a lot more about covering Trump and his supporters”:

Too many times, we acted as his stenographers or megaphones. Too often, we failed to refer to his many falsehoods as lies. It took too long to stop believing that, whenever he calmed down for a moment, he was becoming “presidential.” And it took too long to moderate our instinct to give equal weight to both sides, even when one side was using misinformation for political gain.

It’s been an education for all of us — a gradual realization that the instincts and conventions of traditional journalism weren’t good enough for this moment in our country’s history. As Trump prepares to run again in 2024, it’s worth reminding ourselves of the lessons we’ve learned — and committing to the principle that, when covering politicians who are essentially running against democracy, old-style journalism will no longer suffice….

In every way, Trump was a deeply abnormal candidate, but the news media couldn’t seem to communicate that effectively or even grasp the problem. Instead, his every unhinged, middle-of-the-night tweet was covered like legitimate news. To be fair, the media was applying a standard that had made sense up until that moment: When a major presidential candidate says something provocative or worse, it’s newsworthy. The problem is that we were applying this old standard to a candidate who was exploiting it for his own purposes — while seeking to undermine democracy itself.

Sullivan concluded by arguing that in this situation journalists must provide “thoughtful framing and context.” It is no longer sufficient to “repeat what’s being said” without helping to “explain what it means”: 

All of these suggestions go against the grain of traditional politics coverage. Undoubtedly, this approach will draw accusations of bias from the right; undoubtedly, journalists and news leaders will be put on the defensive. They’ll need to get over that. The stakes are enormously high. Doing things the same old way isn’t remotely appropriate. 

That captures why writing about Donald Trump and his neofascist movement as if one were writing about a noxious TV sitcom is wholly insufficient to the level of threat and danger. Certainly it’s important to use humor and satire strategically, as a way of creating opportunities for resistance and empowering the long struggle for democracy. It is also important to examine the emotional dimensions of Trumpism and its allied forces. Emotions are central to politics, and especially to fascism and other forms of fake populism.

But mockery and laughter on their own are no substitute on their own for rigorous pro-democracy journalism. Too much of America’s news media is eager to point fingers and crack jokes instead of learning from its numerous errors in normalizing Trump and the larger neofascist movement. He who laughs last, laughs loudest. If those with a public platform do not heed that wisdom, they will allow the darkest forces in American politics to have the last laugh.

Colorado Springs police tackled and handcuffed Club Q hero who stopped gunman: report

Minutes after a gunman opened fire at an LGBTQ nightclub in Colorado Springs, killing five people and wounding at least 17 others, officers rushed into the chaotic scene and forcefully detained the man who helped stop the shooting. 

Richard Fierro was at Club Q with his wife, daughter and her boyfriend on Saturday watching a drag show when gunfire erupted across the bar. The 15-year Army veteran’s combat instincts kicked in, he said, and Fierro tackled the attacker to the ground before he could make his way to the patio, where people had fled.

“I tried to save people and it didn’t work for five of them,” Fierro told The Associated Press. “These are all good people. … I’m not a hero. I’m just some dude.”

The gunman dropped his rifle and pulled out a pistol, which Fierro used to beat him with. Fierro said he told a drag dancer, who was passing by to stomp on the attacker with her high heels. 

Together, Fierro and Thomas James subdued the attacker before officers arrived at the scene.

As Fierro was about to go back to his wife and daughter, officers “tackled” him after seeing him with the shooter’s gun, according to The New York Times. “They put him in handcuffs and locked him in the back of a police car for what seemed like more than an hour. He said he screamed and pleaded to be let go so that he could see his family,” the outlet reported, before he was ultimately freed.

The suspect, Anderson Lee Aldrich, remained hospitalized Monday and faces five murder charges and five charges of committing a bias-motivated crime causing bodily injury in the attack, according to online court records, the AP reported. 

In Colorado, hate crimes are known as “bias-motivated” crimes with Colorado law defining them as intimidation, harassment or physical harm that is motivated at least partly by bias against a person’s race, religion, nationality, age, disability or sexual orientation.

“It is important to let the community know that we do not tolerate bias motivated crimes in this community, that we support communities that have been maligned, harassed and intimidated and abused,” Michael Allen, the El Paso County district attorney, said at a Monday news briefing. “And that’s one way that we can do that, showing that we will put the money where our mouth is, essentially, and make sure that we try it that way.”

Club Q served as a sanctuary for the local LGBTQ community, offering drag shows, karaoke and dance parties for those 18 years and older.

Colorado Gov. Jared Polis, the nation’s first openly gay governor, issued a statement Sunday calling the attack “horrific, sickening and devastating” and offered state resources to local law enforcement.

During an appearance on “CNN Newsroom with Jim Acosta,”  Polis said the club was a safe refuge for people.

“It was a place where people could, in a conservative community, often get the acceptance that too many of them might not have had it at home or in their other circles and to see this occur is really just put us all in a state of shock here in Colorado and across the country,” he said.


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The shooting came on the eve of Sunday’s Transgender Day of Remembrance, which occurs annually on Nov. 20 to honor victims of anti-trans violence. 

The Colorado Springs Police Department identified the five victims, who lost their lives at the Club Q shooting as Derrick Rump, Daniel Aston, Ashley Paugh, Kelly Loving and Raymond Green Vance.

Rump was a bartender at Club Q who had “found a community of people that he loved,” his sister Julia Kissling told CNN affiliate WFMZ

Aston was a bar supervisor at Club Q, who created a “positive culture” for employees, his colleague Michael Anderson told CNN. 

Paugh worked at Kids Crossing – a nonprofit that helps find homes for foster children. Her family released a statement saying her daughter Ryleigh “was her whole world.” 

Loving’s sister also provided a brief statement to CNN, saying: “My sister was a good person. She was loving and caring and sweet. Everyone loved her. Kelly was a wonderful person.”

Vance was visiting Club Q for the first time with his longtime girlfriend and her parents when the shooting happened.

“His closest friend described him as gifted, one-of-a-kind, and willing to go out of his way to help anyone,” a statement released by his family said. 

Fierro’s family got a call Sunday from Vance’s mother informing them his daughter’s boyfriend had died in the shooting. 

“This whole thing was a lot, my daughter and wife should’ve never experienced combat in Colorado Springs. And everybody in that building experienced combat that night, not to their own accord, but because they were forced to,” Fierro told CNN.

The suspect remains under investigation with no formal charges filed in court yet.

“It’s very dark”: Reporter calls out Tucker Carlson for stoking LGBTQ hate after Club Q shooting

Fox News went right back to stoking hatred and fear of the LGBTQ community barely a day after a gunman massacred five people at a Colorado Springs gay bar, and NBC News reporter Ben Collins drew parallels between that rhetoric and the early days of the Nazi regime.

Collins covers the darkest online corners of the internet to expose the hateful speech that incites real-world violence, but he told MSNBC’s “Morning Joe” that Fox News host Tucker Carlson and other mainstream conservative media figures spread the same rhetoric to their audience of millions.

“I think we have to have a come-to-Jesus moment here as reporters,” Collins said. “Are we more afraid of being on Breitbart for saying that trans people deserve to be alive or are we more afraid of the dead people? I’m more afraid of the dead people. I don’t want to wake up on a Sunday and see all of these headlines came to fruition.”

GOP officials at all levels have stoked fear of trans people for political gain, and Collins said journalists haven’t done enough to make that clear.

“Because of the attention economy that we live in, they get more clicks for it,” he said. “They end up on Tucker Carlson. Last night, by the way, Tucker Carlson attacked my colleague Brandy Zadrozny, my co-byline on almost all of these stories — not me, but Brandy, of course, he attacked Brandy, and he went right back into this idea that some ‘they’ is trying to groom your kids, trying to sexualize your children, right. Who’s the ‘they,’ first of all, and second of all, all of her reporting was right. All of it was right.”

Collins said hate speech against LGBTQ people helped whip up hysteria that allowed Nazi fascism to flourish in Germany, and he said the same thing was happening in the U.S.

“[A rhetoric professor] was telling me about this thing called ‘hate objects,’ where they take people they describe as degenerates, right,” Collins said. “Before Nazi Germany, there was gay people, people who played with gender conformity, and they say they are contributing to the downfall of society. They are the reason that, you know, things cost more, that the crops aren’t coming up, right? We have been through this in the past. It’s very dark, and the people playing around with this don’t take responsibility. They go right back into it.”

“Also, algorithmically it’s easier to sell fear — the hate gets clicks,” he added. “The hate gets people tuning back in. It gets the hate objects, you create new hate objects.”

Although he specializes in fringe websites and forums, Collins despaired that those messages had become mainstream for many conservatives with predictably grim consequences.

“These people are being used as props right now, they’re being used as props, explicitly for electoral or monetary purpose,” Collins said. “Right now, the fact that 12 hours, 24 hours after a shooting there is no inward reflection here, it’s just, you know, continue to use these people as props, continue to use the grief of these people as props. I think as reporters we’ve got to look in here, and double down. Who are we afflicting here if not the people who are grieving by not standing with them.”

“I really want to say, [NBC correspondent] Maura Barrett, who’s on the ground for us, by the way, has done incredible reporting here, and she talked to a person who lived through that shooting,” Collins added. “And they called home, and the family members at home said, ‘Well, you have to look inward at your degenerate, at your lifestyle.’ This person just saw five people die and that was the response, and that’s because that’s an acceptable response right now from the guys across the street at the other cable network, and an entire political party.”

Watch the video below or at this link.

This Thanksgiving, ensure your gravy is lump-free with this simple method

There is quite literally nothing that ties together a Thanksgiving plate like gravy — viscous, caramel-colored and richly flavored, gravy is the anchor which draws each disparate piece together, making the meal a cohesive holiday treat that is anxiously looked forward to year after year. I'd argue that the only item that gravy doesn't have any sort of connection to is the cranberry sauce, though honestly, some errant gravy on your cranberry is no cause for concern. I tend to aim for a very dark, very thick gravy which positively coats every inch of my plate, bridging the gap between the stuffings or dressings, the turkey, the potatoes, the vegetables and anything else that might have a starring role in the Thanksgiving spread. (And let's be frank: a really good gravy is perfect for covering up and elevating dry turkey or middling stuffing.)

Unfortunately, though, I think gravy is actually one of the trickiest parts of the holiday meal stratosphere to truly master. There are so many variables, so many differing tastes and preferences and of course, arguably the largest obstacle: lumps. Perfectly sumptuous and rich gravy that is dotted with lumps of uncooked flour that burst into a cloud in your mouth upon chewing is … less than ideal. 

One simple way to prevent this is to do your darnedest not to think, "Hm, this gravy looks thin … I should probably sprinkle some flour over top nily wily." If you do, this will almost certainly cause lumps. As Martha Stewart's response to a query about lumpy gravy in The Seattle Times notes, "this is because the starch around each lump of flour expands rapidly when it comes into contact with hot liquid, forming a sort of waterproof gel that prevents that granules from separating properly."


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This is why it's important to blend the starch or thickener with either water or fat prior to adding to the cooking gravy. A "roux" is a combination of a fat (like butter) and a thickener (like flour), while a "slurry" is a combination of a liquid and a thickener. 

In order to ensure that this issue doesn't befall you later this week, follow these steps for a smooth, enriching gravy that will highlight each component on your plate.

Smooth, rich Thanksgiving turkey gravy (with no lumps)
Yields
08 servings
Prep Time
05 minutes
Cook Time
20 minutes

Ingredients

3 tablespoons fat from roasting pan, unsalted butter, or oil*

3 tablespoons all-purpose flour*

2 1/2 to 3 cups turkey drippings, stock, or broth

Kosher salt

Freshly ground black pepper

Unsalted butter and/or heavy cream, optional

 

Directions

  1. Carefully, remove the cooked turkey from your roasting tray and let it rest, tented, on a serving platter. Also carefully, pour off all of the liquid from the roasting pan into your largest measuring cup, of if you have one, a fat separator. If you have lots of detritus at the bottom of your pan, be sure to use a fine mesh strainer to catch all the cooked carrots, celery, garlic cloves, lemon halves, giblets, turkey neck, etcetera. 
  2. Let the mixture sit. It will naturally separate the fat and the "juices." Simply skim the fat to your best availability, or, if you have a fat separator, let the tool do its trick. Another helpful tip is to refrigerate or even freeze it for a bit, which will make the task even easier when working with skimming solidified fat. 
  3. Right in your turkey roasting pan over 2 burners set at medium or medium-high heat, add turkey fat drippings, butter, or oil and flour, whisking them together. Let the mixture cook, whisking throughout, until the smell turns slightly toasty and the white flour has taken on more of a brown note. This should take 2 to 3 minutes. 
  4. Begin pouring your stock or turkey drippings, turning the heat to medium or even medium-low, whisking throughout, until its simmered and thickened considerably. You're aiming for nappe here, meaning that your gravy is thick enough to coat your spoon and the liquid doesn't just run off when you lift if out of the gravy.
  5. When the consistency is ideal, add pats of butter, a touch of cream (if you'd like) and salt and pepper to taste. Keep in mind that this is an item that is intended to bolster and further flavor other components, so you don't want this to blow out anyone's palate with flavor, salinity, sharpness, etc. As usual, be very judicious with your salting: depending on how your turkey was prepped and seasoned, as well as if used any salted butter in the whole shebang, your gravy may already be perfectly seasoned.

Cook's Notes

— I wrote this recipe envisioning that you had just roasted a turkey and you now have a roasting pan with a ton of juices, fats and deeply browned accoutrements on the bottom of the rack. If you do not have this, then feel free to start this process with straight-up fat (unsalted butter is best), the thickeners of your choosing and a ton of stock.

— If you're not a roux person, feel free to instead opt for a slurry, which is a few tablespoons of cornstarch (or arrowroot) blended with a generous amount of water and then gradually stirred into a simmering liquid. This method would complete replace the roux, so you'd be able to skip the entirety of step 

— I like a pretty minimalist turkey gravy that is robustly flavored, but some miscellaneous inclusion that others might opt for to really take this up another notch are Dijon mustard, a few splashes of wine before adding the stock, sharper notes like soy sauce, fish sauce, or Worcestershire, fresh or dried herbs, warming spices like nutmeg or allspice, etc. miscellaneous:

— If, after all is said and done, you still have lumps, do not fret. Simply strain them out with a wire mesh or fine mesh strainer, or even blend the gravy in a high-powdered blender or food processor. 

How the energy crisis is pressuring countries’ climate plans

Russia’s war on Ukraine has cast a shadow over this week’s meetings of world leaders at the G-20 summit in Bali and the United Nations climate change conference in Egypt.

The war has dramatically disrupted energy markets the world over, leaving many countries vulnerable to price spikes amid supply shortages.

Europe, worried about keeping the heat on through winter, is outbidding poor countries for natural gas, even paying premiums to reroute tanker ships after Russia cut off most of its usual natural gas supply. Some countries are restarting coal-fired power plants. Others are looking for ways to expand fossil fuel production, including new projects in Africa.

These actions are a long way from the countries’ pledges just a year ago to rein in fossil fuels, and they’re likely to further increase greenhouse gas emissions, at least temporarily.

But will the war and the economic turmoil prevent the world from meeting the Paris climate agreement’s long-term goals?

There are reasons to believe that this may not be the case.

The answer depends in part on how wealthy countries respond to a focus of this year’s climate conference: fulfilling their pledges in the Paris Agreement to provide support for low- and middle-income countries to build clean energy systems.

Europe speeds up clean energy plans

A key lesson many countries are taking away from the ongoing energy crisis is that, if anything, the transition to renewable energy must be pushed forward faster.

I work with countries as they update national climate pledges and have been involved in evaluating the compatibility of global emissions reduction scenarios with the Paris Agreement. I see the energy crisis affecting countries’ plans in different ways.

About 80% of the world’s energy is still from fossil sources. Global trade in coal, oil and natural gas has meant that even countries with their own energy supplies have felt some of the pain of exorbitant prices. In the U.S., for example, natural gas and electricity prices are higher than normal because they are increasingly tied to international markets, and the U.S. is the world’s largest exporter of liquefied natural gas.

The shortage has led to a scramble to find fossil fuel suppliers in the short term. European countries have offered to help African countries produce more natural gas and have courted authoritarian regimes. The Biden administration is urging companies to extract more oil and gas, has tried to pressure Saudi Arabia to produce more oil, and considered lifting sanctions against Venezuela.

However, Europe also has a growing renewable energy supply that has helped cushion some of the impact. A quarter of the European Union’s electricity comes from solar and wind, avoiding billions of euros in fossil fuel costs. Globally, investments in the clean energy transition increased by about 16% in 2022, the International Energy Agency estimates.

Developing countries face complex challenges

If Russia’s invasion of Ukraine is a wake-up call to accelerate the clean energy transition in wealthier countries, the situation is much more complex in developing countries.

Low-income countries are being hit hard by the impact of Russia’s war, not only by high energy costs, but also by decreases in grain and cooking oil exports. The more these countries are dependent on foreign oil and gas imports for their energy supply, the more they will be exposed to global market gyrations.

Renewable energy can reduce some of that exposure.

The costs of solar and wind energy have dropped dramatically in the past decade and now represent the cheapest sources of energy in most regions. But advances in expanding access to clean electricity have been set back by the war. Borrowing costs can also be a barrier for low-income countries, and those costs will increase as countries raise interest rates to fight inflation.

As part of the Paris Agreement, wealthy countries were supposed to make good on promises to make US$100 billion per year available for climate finance, but the actual amounts provided have fallen short.

To achieve the Paris Agreement targets, coal, oil and natural gas consumption must decrease dramatically in the next decade or two. International cooperation will be necessary to help poorer countries expand energy access and transition to low-emissions development pathways.

Africa’s fossil fuels and stranded asset risks

A number of developing countries have their own fossil fuel resources, and some in Africa have been calling for increasing production, although not without pushback.

Without a strong alternative within local contexts for sustainable energy resources, and with wealthy countries scrambling for fossil fuels, developing countries will exploit fossil resources — just as the wealthiest countries have done for over a century. For example, Tanzania’s energy minister, January Makamba, told Bloomberg during the U.N. climate conference that his country expects to sign agreements with Shell and other oil majors for a $40 billion liquefied natural gas export project.

While this intersection of interests could boost some developing countries, it can also set up future challenges.

Encouraging the construction of new fossil-fuel infrastructure in Africa — presumably to be earmarked for Europe in the short to medium term — may help ameliorate some near-term supply shortages, but how long will those customers need the fuel? And how much of that income will benefit the people of those countries?

The IEA sees natural gas demand plateauing by 2030 and oil and coal demand falling, even without more ambitious climate policies. Any infrastructure built today for short-term supplies risks becoming a stranded asset, worthless in a low-emissions world.

Encouraging developing countries to take on debt risk to invest in fossil fuel extraction for which the world will have no use would potentially do these countries a great disservice, taking advantage of them for short-term gain.

The world has made progress on emissions in recent years, and the worst warming projections from a decade ago seem to be highly unlikely now. But every tenth of a degree has an impact, and the current “business-as-usual” path still leads the planet toward warming levels with climate change costs that are hard to contemplate, especially for the most vulnerable countries. The outcomes from the climate conference and G-20 summit will give an indication of whether the global community is willing to accelerate the transition.

This article was updated Nov. 14, 2022, with the G-20 summit start.

Robert Brecha, Professor of Sustainability, University of Dayton

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

“Calculated move to change the election results”: Ken Paxton trying to throw out thousands of votes

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Texas Attorney General Ken Paxton is trying to discard 2,000 provisional ballots cast in Harris County ahead of a Tuesday meeting where the county commissioners are set to certify their November election results.

Paxton filed a mandamus Monday afternoon to the state Supreme Court asking it to disregard the votes because they were cast after the usual deadline to arrive at the polls. The conflict is a result of the 2,000 voters in Harris County who arrived in line between 7 p.m. and 8 p.m., an hour after state law says voters are allowed to cast their ballots. In this instance, a judge on election night ordered all polling locations in Harris County to allow people to vote until 8 p.m.

The order was in response to the Texas Organizing Project filing an emergency petition to extend the voting time frame after 12 voting locations opened more than an hour late, according to a mandamus filed by the Texas Organizing Project. Many Harris County voting locations experienced “widespread problems” across its polling locations — from opening an hour late to paper ballot shortages.

As a result of the court order, those who got in line after 7 p.m. were still allowed to vote on Election Day but had to cast a provisional ballot.

In the filing, Paxton acknowledged the issues at the polling sites but argued that even if some locations were not opened by the stated time, it did not justify extending the time locations remained open.

“A trial court’s last-minute intervention only made matters worse,” he wrote.

The fight over the provisional ballots appears to have the potential to impact one local race in Harris County.

The morning after the election, District Judge DaSean Jones, a Democratic incumbent, trailed his Republican challenger Tami Pierce by 165 votes two days after Election Day. But after county officials had counted nearly 1,000 more mail-in ballots and more than 4,000 provisional ballots, the results had flipped, according to the Houston Chronicle. State law allows Texans to cast a provisional ballot if they vote during extended hours due to a court order, did not have the proper identification or applied to vote by mail but did not return or cancel their ballot. If the vote can later be verified as legitimate, it counts.

“This is a calculated move by Paxton to change the election results because a race flipped in favor of Democrats during the final count,” Harris County Democratic Party Chair Odus Evbagharu said in a statement.

Harris County Democrats are calling this move an attempt to reverse the result.

Meanwhile, the Harris County GOP is supporting Paxton’s move and telling its followers to be vocal about the issue at the meeting Tuesday. In a tweet, the party encouraged its followers to go to the Harris County Commissioners’ court on Tuesday to “make your voice heard by speaking on this botched election run by the failed Elections Administrator.”

 

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2022/11/21/ken-paxton-harris-county-election/.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

How to properly — and safely — defrost a frozen turkey for your holiday feast

Ah, Thanksgiving! Celebrated by millions, this storied holiday is full of food, family, football, history (explained here by Christina Ricci's always iconic Wednesday Addams) and parades. And it's capped off by tons of turkey and tons of leftovers.

No matter if you're fixing a deep-fried turkey, a turducken, turkey breasts or a spatchcocked turkey, this beloved protein is guaranteed to play the starring role on any holiday tablescape.

For those who opt for a roasted, whole bird, the general options — beyond the cooking method and to brine or not to brine — generally boil down to "fresh or frozen?" If you've carved out some room in your fridge for a fresh turkey, all is well. If, however, you have a rock-hard turkey currently sitting in your freezer and you're unsure of where to start or how to turn said bird into a swoon-worthy main course, Salon Food is here to help.

Before we get into the nitty-gritty, let's pause for a moment to consider food safety. While it's always imperative to abide by food safety rules, it's perhaps even more pressing to do so if you're feeding a massive group of your closest family and friends all at once.

While defrosting any food item could take place in a multitude of places, one spot is generally the cleanest, safest and (typically) simplest: the refrigerator. The temperature is controlled, defrosting can be gradual and consistent and you can collect any residual defrosting moisture or liquids in a large roasting rack, sheet tray or wherever you were planning on actually cooking your turkey.

The U.S. Department of Agriculture (USDA) advises allowing "approximately" 24 hours for every 4 to 5 pounds of bird, a great ratio and tool in which to plan your Thanksgiving feast. If you're making a big ol' bird for a ton of people, be mindful that this may take a few days. The USDA further states that the refrigerator method is "the safest." (If you're a briner, The Kitchn notes that you can actually begin the brining process while the turkey is still quasi-frozen.)


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If you're frenzied on Thanksgiving morning because your turkey is in the same temperature zone as Jackie at the end of the penultimate episode of Season 1 of Yellowjackets, the USDA has some suggestions. There's also a microwave option (though I feel like most turkeys are too big for the average microwave?) and a "cold water" thawing method, which involves fully submerging the turkey in cold water that is changed in 30 minutes increments.

In this method, leave the turkey's original plastic bag or covering on as it slowly thaws. You don't want a nude, raw turkey just chillin' unencumbered in your sink due to the fact that some of the "juices" from the raw meat may potentially cause food-borne illnesses or other bacterial issues. Let's try to stay as far away from those as possible.

Can I cook a frozen turkey?

According to the USDA, you can safely "cook a frozen turkey." This, however, would increase the cooking time. "A solidly frozen turkey will take at least 50% longer to cook than a thawed turkey," the agency writes. "If your turkey is only partially frozen, remember that it will take a bit longer to cook."

Also, the flavor definitely may not be ideal, especially since brining or seasoning an entirely frozen turkey is bound to be an (unnecessarily challenging) feat. Don't leave a fully thawed bird in the fridge for any longer than two or three days, and if you use the microwave or cold water/sink method, cook the turkey immediately thereafter.

Do not do the following

Don't let a frozen turkey thaw out on the counter for a few days, haphazardly leaking questionable liquids all over the kitchen and floor. Also, don't leave a turkey outside to defrost in the sun.

The USDA shares a few additional no's: Don't thaw a turkey by "throwing" it on "the counter, in the garage or on the back porch." Don't thaw one using your dishwasher (say what?!). Don't merely let the turkey thaw willy-nilly in a bag of some sort.

One great tip for knowing when your bird is fully defrosted? There are little to no ice crystals inside the turkey.

One final note to consider

Be sure to scavenge about the turkey's cavity in order to remove the little baggy containing the neck and other giblets and prizes (usually the gizzard, heart and liver). This bag should probably not cook in the oven for four-plus hours. If you forget and the plastic bag is intact when you pull the turkey out of the oven, you should be fine. If, however, it's literally melted into the inside of the turkey, it may be best not to serve the turkey whatsoever — yes, really. 

Happy holidays to all!

“Hostage situation”: Republicans worry Trump will launch third-party bid if he loses GOP primary

Former President Donald Trump is still the frontrunner to be the Republican Party’s 2024 presidential nominee — but what would happen if he were defeated.

Republican insiders who spoke with Semafor say they can’t rule out the possibility that Trump would completely sabotage the party by launching an independent candidacy, with former RNC official Michael Short likening it to a “hostage situation.”

The publication notes that Trump teased potentially running as a third-party candidate in 2016, which he boasted gave him “leverage” over the party as a whole.

One former Trump administration official also tells Semafor that while the former president at the moment isn’t pondering an independent run, it is definitely not an outlandish scenario.

“Trump was so successful in part because he ran against the elite and out of touch political establishment on both sides, so I’d say it’s not totally out of the realm of possibility,” they explained.

So far, Trump is the only Republican to announce a 2024 bid for the presidency, although there is speculation that former Vice President Mike Pence, Florida Gov. Ron DeSantis, and former United Nations ambassador Nikki Haley could also jump into the race.

What is a flash drought? An earth scientist explains

Many people are familiar with flash floods — torrents that develop quickly after heavy rainfall. But there’s also such a thing as a flash drought, and these sudden, extreme dry spells are becoming a big concern for farmers and water utilities.

Flash droughts start and intensify quickly, over periods of weeks to months, compared to years or decades for conventional droughts. Still, they can cause substantial economic damage, since communities have less time to prepare for the impacts of a rapidly evolving drought. In 2017, a flash drought in Montana and the Dakotas damaged crops and grasses that served as forage for cattle, causing US$2.6 billion in agricultural losses.

Flash droughts also can increase wildfire risks, cause public water supply shortages and reduce stream flow, which harms fish and other aquatic life.

Less rain, warmer air

Flash droughts typically result from a combination of lower-then-normal precipitation and higher temperatures. Together, these factors reduce overall land surface moisture.

Water constantly cycles between land and the atmosphere. Under normal conditions, moisture from rainfall or snowfall accumulates in the soil during wet seasons. Plants draw water up through their roots and release water vapor into the air through their leaves, a process called transpiration. Some moisture also evaporates directly from the soil into the air.

Scientists refer to the amount of water that could be transferred from the land to the atmosphere as evaporative demand — a measure of how “thirsty” the atmosphere is. Higher temperatures increase evaporative demand, which makes water evaporate faster. When soil contains enough moisture, it can meet this demand.

But if soil moisture is depleted — for example, if precipitation drops below normal levels for months — then evaporation from the land surface can’t provide all the moisture that a thirsty atmosphere demands. Reduced moisture at the surface increases surface air temperatures, drying out the soil further. These processes amplify each other, making the area increasingly hot and dry.

Moist regions can have flash droughts

Flash droughts started receiving more attention in the U.S. after notable events in 2012, 2016 and 2017 that reduced crop yields and increased wildfire risks. In 2012, areas in the Midwest that had had near-normal precipitation conditions through May fell into severe drought conditions in June and July, causing more than $30 billion in damages.

New England, typically one of the wetter U.S. regions, experienced a flash drought in the summer of 2022, with areas including Boston and Rhode Island receiving only a fraction of their normal rainfall. Across Massachusetts, critically low water levels forced towns to issue mandatory water restrictions for residents.

Planning for flash droughts in a changing climate

Conventional droughts, like the Dust Bowl of the 1930s or the current 22-year drought across the southwestern U.S., develop over periods of years. Scientists rely on monitoring and prediction tools, such as measurements of temperature and rainfall, as well as models, to forecast their evolution.

Predicting flash drought events that occur on monthly to weekly time scales is much harder with current data and tools, largely due to the chaotic nature of weather and limitations in weather models. That’s why weather forecasters don’t typically make projections beyond 10 days — there is a lot of variation in what can happen over longer time spans.

And climate patterns can shift from year to year, adding to the challenge. For example, Boston had a very wet summer in 2021 before its very dry summer in 2022.

Scientists expect climate change to make precipitation even more variable, especially in wetter regions like the U.S. Northeast. This will make it more difficult to forecast and prepare for flash droughts well in advance.

But new monitoring tools that measure evaporative demand can provide early warnings for regions experiencing abnormal conditions. Information from these systems can give farmers and utilities sufficient lead time to adjust their operations and minimize their risks.


Antonia Hadjimichael, Assistant Professor of Geosciences, Penn State

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

For Democrats, it was the Dunkirk election: They escaped disaster, but the road ahead is hard

For once, the polls were wrong in slightly underestimating, rather than overstating, Democrats’ strength in an election. The party overcame its midterm curse for the first time since 1998, and severe economic headwinds from inflation and global supply shortages for once did not doom the party in power.

Media headlines capture disappointment and intraparty rancor in the GOP: “Republicans Reckon With Midterm Election Fallout,” “Donald Trump and Mitch McConnell: Republican anger over midterms,” “Sen. Rick Scott calls 2022 election a ‘complete disappointment.'”

Depending on the Georgia runoff in December, Democrats will at least maintain the status quo ante in the Senate, or gain a seat — which would avoid the need to give the GOP equal representation on committees. Republicans won the House by a slim majority. Overall, Joe Biden’s first national referendum as president was far more satisfying for Democrats than the midterms of Barack Obama’s first term, when Democrats lost six Senate and 63 House seats. 

They may be even more encouraged by the state races, with Democrats holding all their governorships and flipping legislatures in Michigan, Minnesota and Pennsylvania. This is critical to issues that have become urgent in the states, such as abortion and education, but also for thwarting rogue GOP legislatures in certifying elections. 

Why, then, compare it to Dunkirk?

Like the British in 1940, Democrats evaded a potentially disastrous encirclement by their opponent, doggedly staved off defeat and lived to fight another day. There were heartening signs of tough resistance. But it was deliverance rather than victory, as Churchill well knew, even though he spun the operation as a victory of sorts. In both cases, the protagonists would have to ask themselves, how did they end up in such peril in the first place?

In 2002, John Judis and Ruy Teixeira published “The Emerging Democratic Majority,” one of the most widely discussed political books of the year. They argued that owing to the growth of minorities, women and educated professionals, Democrats would become the majority party in the early 21st century.

As at Dunkirk, this was deliverance rather than victory — and the protagonists should ask themselves how they ended up in such peril in the first place.

The prediction largely came true in pure demographic terms, but this result never translated into anything like a stable political majority like the Democratic coalition of 1932-1968. Three factors determined this. The first was voluntary demographic sorting, making red states redder and blue states bluer; this magnified the inherent electoral advantage enjoyed by less populous states, a feature built into the Constitution, which I have argued elsewhere favors energized regional voting blocs in the Electoral College, just as the South had an inherent electoral advantage in the antebellum period. Without this factor, Donald Trump’s electoral vote victory in 2016 would have been impossible.

The second factor is a massive GOP effort to gerrymander districts. Author David Daley — former editor in chief of Salon — has described how Republican operatives, taking advantage of the Citizens United decision, flooded states with dark money and created scientifically gerrymandered state and congressional districts. This explains how political control of states, roughly evenly divided between the parties 20 years ago, has become lopsidedly Republican. That, in turn, explains why the GOP is sometimes overrepresented in the House relative to its total national congressional vote.

The final factor is voter suppression by removing polling places, shortening early voting and enacting “gotcha” voter fraud measures based on deliberately confusing criteria. It is impossible to quantify how much this reduces the Democratic vote, but it likely tips a few close races into the Republican column.  

On the morning of Jan. 7, 2021, one might well have wondered how the GOP could even remain a competitive national party two years hence, much less win the House. That feeling would have been intensified if one foresaw that the party would nominate a number of epically awful candidates in 2022. It is a political truism that voters’ memories are short, and apparently this extends even to attempts to overthrow democracy itself.


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While Democrats did well in the dwindling number of swing states, Republicans generally entrenched themselves in states they controlled. Contrary to perennial forecasts of an eventual blue Texas because of the growing number of Hispanics and tech workers, Greg Abbott won the governorship in a blowout even after miserable performances in the statewide power failure last February and after the Uvalde mass shooting. Attorney General Ken Paxton cruised to victory even while under federal indictment for securities fraud and facing an FBI investigation for bribery allegations. Republicans increased their dominance in both houses of the state legislature. 

Likewise, Gov. Ron DeSantis breezed to reelection and Republicans gained veto-proof majorities in both houses in Tallahassee, removing Florida from swing-state status for a long time. Briefly challenging Mitch McConnell for Senate minority leader after the election was Rick Scott, a winner of three statewide elections in Florida. Before his political career, his company was convicted of the country’s largest Medicare fraud up to that time; he currently campaigns for Social Security and Medicare cuts while representing a state with the second-highest proportion of senior citizens in the country. Democrats may have a hard time appealing to the enlightened self-interest of voters in the Sunshine State for the foreseeable future.

Even candidates the GOP deemed to have fallen short of expectations elicit some surprise when viewed from the man-from-Mars perspective. For Herschel Walker, possibly displaying cognitive impairment from his football career, an accused domestic abuser and known serial philanderer who reportedly forced two or more women to have abortions, to have amassed as many votes as he did is astonishing. What was Walker’s most avid voting base? White evangelicals, 88 percent of whom broke for him, even though Sen. Raphael Warnock, the Democratic incumbent, is an ordained minister. It is difficult for Democrats to fashion an electoral strategy when the political landscape more closely resembles Bizarro World than a reality-based community.

It is worth comparing Walker to Alan Keyes, arguably just as given to bizarre outbursts, yet with far less dirty laundry. In the 2004 Illinois Senate race, he polled 27 percent against Barack Obama for an open seat. As in the 2022 Georgia contest, both candidates were Black, so race factors out. That 27-point threshold can facetiously be described as the Keyes Constant, or Crazification Factor, meaning the amount of support a joke candidate of one of the major parties is likely to obtain. Yet Walker, even running against an incumbent senator, tallied 48.5 percent, and could conceivably win the December runoff. 

We can now identify the Keyes Constant, or Crazification Factor, meaning the amount of support a joke candidate of one of the major parties is likely to obtain. Herschel Walker has exceeded that by more than 20 points.

As for the state races, even with the undeniably encouraging Democratic wins, Republicans remain far ahead in aggregate political control. With results in legislatures in Alaska and New Hampshire as yet uncalled, the GOP still controls 56 legislative chambers to the Democrats’ 40. A long slog remains to gain something like parity in time for the next census. There are, however, signs of hope.

Turnout by the young, which fluctuated near an abysmal 20 percent in midterms over two decades, increased markedly in 2018 and 2022. Many pundits believed the red wave failed specifically because of young people’s votes. Still, a 27 percent turnout among younger voters is vastly below that of over-65 voters, now the Republicans’ demographic base. There is substantial room for growth in the 18-29 demographic; Democrats should invest serious money in tackling issues for these voters like frequent change of address and living on university campuses, both of which tend to inhibit registration and turnout among that age cohort.

John Fetterman’s victory in Pennsylvania was aided by the fact that he campaigned in rural Republican bastions. In what the American Communities Project defines as “Working Class Country,” Fetterman reduced Mehmet Oz’s victory margin to 27 points, compared to Trump’s 36-point victory over Biden in 2020. That is admittedly still a large deficit, and it will be many election cycles before Democratic state legislative and congressional candidates are competitive in rural areas. But it is certainly a viable strategy for statewide candidates to cut into the GOP’s rural advantage rather than relying solely on cities and suburbs.

Finally, Democratic organizations beyond the state level are at last putting significant money into state legislative races. A group called the States Project put about $60 million into state legislative contests, concentrating on Arizona, Maine, Michigan, Nevada and Pennsylvania. It seems to have been a better investment than operatives’ past habit of pouring megabucks into high-profile races they had no prayer of winning — like the $91 million spent on Senate candidate Amy McGrath in 2020, when she lost to Mitch McConnell by almost 20 points.

Democrats had a good day overall, in spite of a news media primed and seemingly eager to declare a red wave. But it only gets harder from here. In 2024, the party must defend 23 Senate seats, as against the GOP’s 10. Democrats will need all of their newfound successful strategies.

Prosecutors mull new charges for Allen Weisselberg to get him to spill the beans on Trump: report

The Manhattan district attorney’s office is jump-starting its criminal investigation into former President Donald Trump after earlier reports suggested the probe had fizzled out, The New York Times reports.

Prosecutors under new District Attorney Alvin Bragg have revived a “zombie theory” to focus on the $130,000 hush money payment to adult film star Stormy Daniels, who alleged she had an affair with Trump during the 2016 campaign, according to the report.

The payment, which former Trump fixer Michael Cohen said he made on Trump’s behalf, was the original focus of the investigation under former DA Cy Vance before the probe expanded to focus on Trump’s larger business practices. But Bragg and some of his deputies have recently indicated that they are “newly optimistic about building a case” against Trump around the payment, according to the Times.

The development marks the first sign of progress in the probe since Bragg took over earlier this year and balked at indicting Trump in relation to his business practices. Under Vance, the office had rejected the idea of focusing only on the hush money payments because it “would hinge on a largely untested and therefore risky legal theory,” according to the report.

But this time prosecutors are considering building their case by pressuring longtime Trump Organization financial chief Allen Weisselberg, who pleaded guilty to tax fraud charges in a separate probe and testified against Trump’s company last week.

Weisselberg has not flipped on Trump himself but prosecutors are now considering a new round of charges in an effort to secure his cooperation against the former president, according to the report. The charges would be related to insurance fraud and unrelated to the hush money payment itself, sources told the outlet.

Weisselberg, who has direct knowledge of the hush money payment, has repeatedly refused to turn on Trump and revealed during his testimony last week that he remains on the Trump payroll.

The development comes as new special counsel Jack Smith takes over the Justice Department’s investigations into Trump’s role in the Jan. 6 Capitol riot and national security documents found at Mar-a-Lago. Attorney General Merrick Garland’s appointment of Smith may cause “time pressure” for Bragg’s investigation but prosecutors involved with the probe are still in the midst of the tax fraud trial against Trump’s companies and are unlikely to present evidence related to the hush money payment to a grand jury until next year, according to the report.

Trump has denied any wrongdoing and said he never had an affair with Daniels.

“I really don’t believe that they’re going back and conducting these investigations, and if there’s any truth to it, it would show poor judgment,” Michael van der Veen, an attorney for Trump’s company, told the Times. “The millions of taxpayer dollars they’ve spent on countless investigations, it’s a big waste of time and money.”


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The hush money payment kicked off the Manhattan probe after Cohen pleaded guilty in a federal case to making a payment that amounted to an illegal campaign contribution on behalf of Trump. Manhattan prosecutors began investigating whether the payments may have violated state law and whether the company falsely listed the reimbursement to Cohen as a legal expense. Vance sought to obtain Trump’s tax returns, which set off a yearslong court battle, and by the time he obtained them in 2021 he had “developed concerns” about pursuing the case because prosecutors would need to show that Trump falsified the hush money records to help commit or conceal a crime, according to the report. Prosecutors looked at whether the federal campaign finance violation Cohen pleaded to could constitute the prerequisite secondary crime but outside legal experts concluded the theory was too risky to pursue because it was a federal crime and not a state one.

Prosecutors began looking at Trump’s greater business practices after Cohen testified that the company inflated its assets while seeking favorable loan terms and deflated their value when trying to reduce its tax bill. The allegations have prompted a $250 million civil fraud lawsuit from New York Attorney General Letitia James that seeks to bar Trump and his three eldest children from doing business in the state.

Bragg, meanwhile, stopped presenting evidence in the case to a grand jury in February, prompting two prosecutors working on the case to resign in protest. The DA’s office continued its investigation into Weisselberg and unreported fringe benefits he received from Trump’s business, securing a guilty plea and his cooperation against the Trump companies. Prosecutors are now looking at whether they can bring new insurance fraud charges after James’ probe accused Weisselberg of lying to an insurance underwriter when he claimed the value of the Trump Organization’s real estate assets had been assessed by an independent assessor when they had not, according to the report. The DA’s office has subpoenaed the insurer, Zurich North America, and questioned the appraiser.

How much can public schools control what students wear?

School dress codes can be harmful to LGBTQ students and students of color, according to the U.S. Government Accountability Office, the investigative arm of Congress. These codes can lead school officials to punish these two groups for simply who they are or for expressing themselves.

However, it has long been held by the Supreme Court that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” as a 1969 ruling put it. But that’s not carte blanche for students to go wild and wear just anything.

As a professor of education policy who studies students’ constitutional rights — such as their expressions through clothing — I believe it’s important for students, parents and school staff to know what the law says about how much control a school can have over the kinds of clothes a student may decide to wear.

Federal and state jurisdiction

Public education is not mentioned in the U.S. Constitution, so it falls to the states to regulate, under the 10th Amendment. But since the Elementary and Secondary Education Act of 1965, Congress has provided federal funding for education in exchange for states and school districts enacting certain policies. An example is Title I funding to boost education in schools that serve low-income communities.

The Bill of Rights, including the First Amendment, governs publicly funded efforts, such as public education.

The legal standard for dress codes is, therefore, that amendment’s declaration that citizens’ free expression should generally be free from government regulation — and therefore, students’ appearances should largely be outside school officials’ jurisdiction.

Tinkering with education

But the First Amendment wasn’t always applied. It was only a few decades ago that federal courts debated whether students in public schools had any rights at all under the Constitution. In 1965, five students wore black armbands — a form of silent political protest — to school, objecting to the Vietnam War. The oldest three students were suspended from school for wearing them and refusing to take them off when ordered to do so by their schools’ principals.

That case, Tinker v. Des Moines Independent Community School District, made its way to the Supreme Court, which in a 1969 ruling declared that students do have First Amendment rights as long as their exercise of those rights does not disrupt teaching or learning.

In subsequent cases, courts clarified what those educational disruptions were. They included promoting illegal behavior, such as drug use, and using profane or vulgar language.

In addition, courts allowed schools to restrict student publications that were school-sponsored or school-promoted, because courts deemed that speech to belong to the school, not the students.

Those cases arose because the Supreme Court viewed those rights as expansive, but schools tended to take a narrower view. As I have found, principals and superintendents were quick to prohibit expression they disliked, on the grounds that it was disruptive.

Are blue jeans really an expression of rights?

Generally, the Supreme Court has declined to take up issues of dress codes and has largely left those issues to state courts. This means there is not any binding federal case law to follow, and different states have applied the law differently.

However, one federal case is binding on schools in Michigan, Kentucky, Ohio and Tennessee — states under the jurisdiction of the U.S. 6th Circuit Court of Appeals — though not necessarily in other states. That case, decided in 2005, is Blau v. Fort Thomas Public School District. A parent had objected to a new school dress code because, as the complaint said, their child “wants to be able to wear clothes that ‘look nice on [her],’ that she ‘feel[s] good in’ and that express her individuality.”

Ultimately, the 6th Circuit held that students could largely wear what they wanted, so long as it was making a statement — as was the case with the armbands opposing the Vietnam War. But they were not protected by the First Amendment for wearing something they just felt like wearing. The court concluded the claim was a “generalized and vague desire to express her middle-school individuality” and said the First Amendment does not protect every piece of clothing that an adolescent may choose to wear on any given day.

Gender identity expression

There have not been any U.S. Supreme Court cases on gender expression and dress. However, a 2001 ruling from the Superior Court of Massachusetts might shed some light on how a court may treat a case.

In Doe v. Yunits, a student at South Junior High School in Brockton, Massachusetts, had been diagnosed with a gender identity disorder — as the court put it, “which means that, although she was born biologically male, she has a female gender identity.” She sought to wear the clothing conforming to her gender identity. However, the principal sent the student home to change when she arrived wearing girls’ clothing. The school cited incidents between the student and male students such as blowing kisses as disruptive.

The court concluded that the student intended to send a message, and by virtue of the hostility she received from the faculty and student body, that message was received. Second, the court stated the school intended to suppress the speech itself, but had no substantial government interest in doing so. Finally, the court held that the student’s manner of dress, as a form of expression, was separate from her disruptive conduct.

The school contended that it would discipline other students who dressed in this manner. However, the court disagreed because the school’s argument hinged on gender orientation: A student born female and wearing the same clothing as this student would go unnoticed, so this student’s clothes should not have been a distraction either.

No real certainty

Ultimately, how people dress is a form of self-expression, but students’ choices may not always be protected. It is important to realize that students in a public school are not entitled to the same freedoms of speech and expression as adults in a public space.

Schools can enforce a dress code if they have sound reasoning to do so, especially when the rules are legitimately tied to preventing disruption and protecting health and safety. However, with expanded definitions of gender and identity, more court cases are on the horizon.


Brian Boggs, Assistant Professor of Policy and Educational Leadership, University of Michigan

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

A former math teacher explains why some students are “good” at math, and others lag behind

When Frances E. Anderson saw the latest math scores for America’s fourth-and eighth-graders, she was hardly surprised that they had dropped. Until recently — including the period of remote instruction during the pandemic — Anderson taught high school math to students at all levels. Now she is a researcher seeking to change how people understand children’s math ability. In the following Q&A, Anderson explains what makes some kids “good” at math and what it will take to catch up those who have fallen behind.

What was the hardest part about teaching during the pandemic?

Seeing students who already struggled not be able to get what they needed during that time. Before the pandemic, I could work with students one on one, have students work in pairs, or have students in more advanced classes come tutor students in entry-level classes. During the pandemic, all of this was taken away because we didn’t share the room with our students and — at least in the initial stages of the pandemic — many of us didn’t have the skills to use comparable teaching strategies online.

How do you explain the recent drop in math scores?

Once schools shifted to remote learning during the pandemic, teachers didn’t have as many ways to keep students engaged. It was difficult to do hands-on activities and project-based learning, which are better for students who struggle in math.

Math teachers had to tell students what to do in mathematics, but this kind of direct instruction works for only about 20% of students. A lot of teaching math is visual. You need so much more space than just one screen. Teachers might use their words, hand gestures, whiteboards, graphs, diagrams, objects, physical movements, student work examples and more. These actions and items build a comprehensive experience and build more of the skills that math students need since the students can look at several of these teaching aids at once. Online, the teacher is limited only to what can be seen on their screen or on one student’s screen at a time, which is vastly different.

In addition to being visual, teaching math is a lot about what is said during class. In fact, one of the most important functions of effective math teaching is how the teacher engages in conversations with students about mathematics. This conversation, known as classroom discourse, has great power to help students learn. When every student is muted so that they can hear the teacher, it’s impossible to hear the students speak about mathematics.

Why are some students ‘good’ at math and others can’t solve basic problems?

It’s not true that some kids are good at math and others aren’t. It comes down to what kind of exposure and experiences children have early in their lives. Some parents see to it that their kids do more with numbers than others. They do more at home, they do more in social events, and they do more in school. These routine exposures make them appear good at math. It isn’t that they’re good so much as it is that they had more time to work with mathematics.

Why did you leave teaching?

I still teach today, only I teach a different set of students: future teachers. As a schoolteacher, my impact was limited to the 180 students that I had each year. But now I am in a position where I can impact about 100 future teachers every year. That means each of those 100 future teachers can turn around and impact 180 students themselves every single year. In my position now, I can help so many more students in education than I ever could being a classroom teacher.

What is the focus of your research?

The purpose of my research is to change how people think about math ability and inability, which means a lot of my time is spent reading about mathematics teaching and learning. One of the most compelling articles that I’ve read explained that the brains of math experts, such as people who are mathematicians, compared to nonexperts are no different. Then, watching Jo Boaler, a widely respected math education researcher, explain how plastic the brain is, even through adulthood, has made me realize that math is not an innate ability; it is a learned skill, just like a lot of things. The goal of my research is to find enough convincing evidence for everyone to believe this as well.

What’s the best way for students to catch up?

More time.

Students who have fallen behind should have twice as much instruction to engage in grade-level mathematics. And the time spent in math should be organic, rich, task-based teaching and learning. What this means is meaningful, personal experiences need to happen every day in math class. For example, a hands-on activity in math class, a story problem that is relevant to every student, or the students creating their own story problem with a teacher asking different types of questions to challenge the learners. All students need to see themselves as mathematicians so that they develop a personal connection to mathematics learning.


Frances E. Anderson, Faculty Member in Teacher Education, University of Nebraska Omaha

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