thehuffingtonpost--2020-12-10--Trump-Appointed Judge Casts Doubt On President's Wisconsin Lawsuit

MADISON , Wis. ( AP ) — A federal judge Thursday cast doubt on President Donald Trump ’ s lawsuit that seeks to overturn Joe Biden ’ s win in Wisconsin , saying siding with Trump would be “ the most remarkable ruling in the history of this court or the federal judiciary.
” Trump is pursuing extraordinary attempts to overturn Biden ’ s win with a pair of lawsuits in Wisconsin , in federal and state courts .
In the state case , Trump wants to disqualify more than 221,000 ballots and in the federal case he wants to @ @ @ @ @ @ @ name Trump the winner .
“ It ’ s not lost on me that this is a political case , obviously , and that the relief that ’ s been requested , if that relief were granted , this would be a most remarkable proceeding and probably the most remarkable ruling in the history of this court or the federal judiciary , ” Ludwig said .
Trump ’ s attorney Bill Bock argued that the election wasn ’ t run properly and that the risks of voter fraud were increased because ballot drop @ @ @ @ @ @ @ mail was widely used and voters who said they were indefinitely confined were allowed to cast absentee ballots without showing a valid photo ID .
“ In what area of American life is it more important that the rules be followed and the playing field be level than in an election for president of the United States ?
” Bock said .
Jeff Mandell , attorney for Democratic Gov .
Tony Evers , said the request to overturn the election was unheard of , without merit , and should be dismissed .
Biden @ @ @ @ @ @ @ Those certified results , which came after a Trump-ordered recount in the state ’ s two largest Democratic counties , were then challenged by Trump in the two lawsuits he filed in Wisconsin .
Trump would like to disenfranchise all 3.3 million voters but that particularly targeted Black voters who predominantly live in Milwaukee and Dane counties , the only counties where Trump sought a recount , said Jon Greenbaum , an attorney for the NAACP in Wisconsin .
He urged the judge to follow the lead of dozens of other courts that @ @ @ @ @ @ @ .
Of the roughly 50 lawsuits filed nationwide contesting the Nov. 3 vote , Trump has lost more than 35 and the others are pending , according to an Associated Press tally .
Trump ’ s attorneys are urging the courts to act quickly so he can appeal any adverse ruling before members of the Electoral College meet on Monday and cast Wisconsin ’ s 10 votes for Biden .
On Wednesday , a federal judge in Wisconsin dismissed another lawsuit filed by the chairman of the La Crosse County Republican party that @ @ @ @ @ @ @ the court declaring Trump the winner .
Similar lawsuits , all filed by Trump ’ s former campaign attorney Sidney Powell , have been dismissed in Arizona , Georgia and Michigan .
Trump ’ s state lawsuit made Wisconsin the only state that missed Tuesday ’ s safe harbor deadline , which means Congress has to accept the electoral votes that will be cast Monday and sent to the Capitol for counting on Jan. 6 .
Missing the deadline won ’ t deprive Wisconsin of its 10 electoral votes .
A hearing in @ @ @ @ @ @ @ afternoon , was pushed until Friday morning because the arguments in federal court had not concluded .
Noting the Monday Electoral College vote , Judge Stephen Simanek said the hearing will happen Friday , come “ hell or high water.
” The Wisconsin Supreme Court has already refused to hear Trump ’ s lawsuit once , saying it must first go through lower courts .
But the court will likely soon have the case before it again .

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MADISON, Wis. (AP) — A federal judge Thursday cast doubt on President Donald Trump’s lawsuit that seeks to overturn Joe Biden’s win in Wisconsin, saying siding with Trump would be “the most remarkable ruling in the history of this court or the federal judiciary.”
Trump is pursuing extraordinary attempts to overturn Biden’s win with a pair of lawsuits in Wisconsin, in federal and state courts. In the state case, Trump wants to disqualify more than 221,000 ballots and in the federal case he wants to give the GOP-controlled Legislature the power to name Trump the winner.
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U.S. District Judge Brett Ludwig, a Trump appointee, marveled at the president’s request at the start of Thursday’s hearing.
“It’s not lost on me that this is a political case, obviously, and that the relief that’s been requested, if that relief were granted, this would be a most remarkable proceeding and probably the most remarkable ruling in the history of this court or the federal judiciary,” Ludwig said.
Ludwig had previously called the Trump request “bizarre” and “very odd.”
Trump’s attorney Bill Bock argued that the election wasn’t run properly and that the risks of voter fraud were increased because ballot drop boxes were not staffed, voting by mail was widely used and voters who said they were indefinitely confined were allowed to cast absentee ballots without showing a valid photo ID.
“In what area of American life is it more important that the rules be followed and the playing field be level than in an election for president of the United States?” Bock said.
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Jeff Mandell, attorney for Democratic Gov. Tony Evers, said the request to overturn the election was unheard of, without merit, and should be dismissed.
“What President Trump seeks here is profoundly anti-democratic and unconstitutional,” Mandell said. “This court should reject it.”
Biden won Wisconsin by about 20,600 votes. Those certified results, which came after a Trump-ordered recount in the state’s two largest Democratic counties, were then challenged by Trump in the two lawsuits he filed in Wisconsin.
Trump would like to disenfranchise all 3.3 million voters but that particularly targeted Black voters who predominantly live in Milwaukee and Dane counties, the only counties where Trump sought a recount, said Jon Greenbaum, an attorney for the NAACP in Wisconsin.
He urged the judge to follow the lead of dozens of other courts that have rejected Trump lawsuits across the country.
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“Voters decide elections, not courts and not legislatures,” Greenbaum said.
Of the roughly 50 lawsuits filed nationwide contesting the Nov. 3 vote, Trump has lost more than 35 and the others are pending, according to an Associated Press tally.
Trump’s attorneys are urging the courts to act quickly so he can appeal any adverse ruling before members of the Electoral College meet on Monday and cast Wisconsin’s 10 votes for Biden.
On Wednesday, a federal judge in Wisconsin dismissed another lawsuit filed by the chairman of the La Crosse County Republican party that argued there was massive fraud that warranted the court declaring Trump the winner. Similar lawsuits, all filed by Trump’s former campaign attorney Sidney Powell, have been dismissed in Arizona, Georgia and Michigan.
Powell appealed the Wisconsin ruling on Thursday to the 7th U.S. Circuit Court of Appeals.
Trump’s state lawsuit made Wisconsin the only state that missed Tuesday’s safe harbor deadline, which means Congress has to accept the electoral votes that will be cast Monday and sent to the Capitol for counting on Jan. 6. Missing the deadline won’t deprive Wisconsin of its 10 electoral votes.
A hearing in that case, originally scheduled for Thursday afternoon, was pushed until Friday morning because the arguments in federal court had not concluded. Noting the Monday Electoral College vote, Judge Stephen Simanek said the hearing will happen Friday, come “hell or high water.”
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thehuffingtonpost--2020-12-10--After A Smooth Start, Biden Transition Faces Frustration Over Cabinet Picks

AP Photo/Susan Walsh President-elect Joe Biden speaks during an event to announce his choice of retired Army Gen. Lloyd Austin , right , to be secretary of defense , at The Queen theater in Wilmington , Delaware , on Dec. 9 .
Yet Biden didn ’ t give it to her .
Instead , he turned to his close friend and ally , former Iowa governor Tom Vilsack , who was also agriculture secretary for all eight years of President Barack Obama ’ s administration .
The choice of Vilsack came despite objections from progressives , who saw him as @ @ @ @ @ @ @ , and Black leaders , who said his record was not favorable to Black farmers and are still upset at his treatment and dismissal of Shirley Sherrod , a Black agriculture department employee who was smeared by right-wing media .
“ With one-in-six Americans and a quarter of U.S. children facing a devastating hunger crisis , farmers reeling and rural communities struggling to weather the pain and economic fallout of the pandemic , the president-elect was eager to nominate someone with experience and who is prepared to step in on day one to @ @ @ @ @ @ @ the country ― and no one knows the department better than Tom Vilsack , ” the source said , noting he was unanimously confirmed by the Senate in 2009 .
Other recent Biden choices also have a long and close relationship with the president-elect .
Susan Rice is now going to be in charge of the White House Domestic Policy Council , a surprising choice since she is a foreign policy expert who served as Obama ’ s national security adviser .
She is not known for her domestic policy chops , but @ @ @ @ @ @ @ equips her well for this role .
Lujan Grisham had been given an offer to run the Interior Department , which didn ’ t seem to make sense for the former New Mexico health secretary whose focus was on health care , not public lands .
Furthermore , taking the post could have been a political slight to her fellow New Mexican Democrats Sens .
Tom Udall and Martin Heinrich , along with Rep. Deb Haaland , all of whom have expressed interest in the post .
“ I know that he ’ @ @ @ @ @ @ @ ” she said of Vilsack in an interview with The 19th , “ but I believe that the president-elect has made a decision , and that he is putting together a team that he feels comfortable with that can carry on his agenda .
And I ’ m just going to believe that he knows exactly what he ’ s doing .
And I ’ m on the team .
”

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President-elect Joe Biden started his Cabinet rollout strong. He received high marks from all corners of the party for his economic team and seemed to be pursuing a “Goldilocks” strategy of choosing nominees that were acceptable to a wide swath of his coalition. He consulted key people, including Sen. Elizabeth Warren (D-Mass.), ensuring a smooth reception.
But the process seems to have gone off the rails since then, with the transition team battling leaks targeting women of color rumored to be under consideration, unease from some key allies, questions of whether people are being chosen for patronage or political reasons, and general confusion on some of the choices.
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“I think it’d be great to see a more cohesive vision across the entire Cabinet,” said Rep. Alexandria Ocasio-Cortez (D-N.Y.) on Wednesday.
“One of the things I’m looking for when I see all of these picks put together is, what is the agenda? What is the, what is the overall vision going to be?” she added.
President-elect Joe Biden speaks during an event to announce his choice of retired Army Gen. Lloyd Austin, right, to be secretary of defense, at The Queen theater in Wilmington, Delaware, on Dec. 9. AP Photo/Susan Walsh
Biden has largely turned to people he and his team believe are deeply experienced and qualified, ready to hit the ground running as soon as they take office. Institutional knowledge and a steady hand were key parts of his campaign pitch to voters.
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Rep. Katie Porter (D-Calif.) said that while she sees a need for “experienced leaders who can arrive on day one and know the agency,” she also wants to see “more fresh voices coming into government to encourage new ideas.”
“That absolutely includes the lower-level appointments,” she added. “There’s only so much that a Cabinet head can make a top priority at one time — the energy, enthusiasm and qualifications of the downstream appointments will be essential to getting our country through this challenging time.”
Biden has been under intense pressure to live up to his promise to assemble the “the most diverse Cabinet in history.” But his attempts to do so have often been clumsy.
Black leaders and progressives were advocating for Rep. Marcia Fudge (D-Ohio) to become the first Black woman to be agriculture secretary. Fudge, a member of the House Agriculture Committee and an expert on food assistance programs, made clear that she too wanted the job.
As a member of the House Agriculture Committee, Fudge has been a prominent voice in all the nutrition policy battles of the past several years. From her perch as chair of the Subcommittee on Nutrition, Oversight and Department Operations she’s fought back against the president’s efforts to cut food benefits through regulation and led Democrats’ oversight of the administration’s pandemic-related nutrition policy changes.
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Despite its name, the U.S. Department of Agriculture does more than subsidize the nation’s 2 million farms. Its array of nutrition programs account for the majority of the agency’s $150 billion budget and feed tens of millions of Americans. By selecting Fudge, the incoming Biden administration would signal an increased emphasis on the latter part of the department’s mission.
Former Secretary of Agriculture Tom Vilsack campaigned for Joe Biden in Iowa. AP Photo/Andrew Harnik
Yet Biden didn’t give it to her. Instead, he turned to his close friend and ally, former Iowa governor Tom Vilsack, who was also agriculture secretary for all eight years of President Barack Obama’s administration. After the 2008 financial crisis, Vilsack oversaw the Obama administration’s large expansion of participation in the Supplemental Nutrition Assistance Program, formerly known as food stamps.
The choice of Vilsack came despite objections from progressives, who saw him as too tied to the corporate agricultural interests, and Black leaders, who said his record was not favorable to Black farmers and are still upset at his treatment and dismissal of Shirley Sherrod, a Black agriculture department employee who was smeared by right-wing media.
Vilsack was just one of two people the NAACP was absolutely opposed to becoming part of Biden’s Cabinet. (The other was former Chicago Mayor Rahm Emanuel, who has been a rumored pick for transportation secretary.)
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Varshini Prakash, executive director of the climate action group Sunrise Movement, called Vilsack’s nomination “a slap in the face to Black Americans who delivered the election to Joe Biden.”
A source familiar with the president-elect’s thinking said Biden liked Vilsack’s experience and the fact that he already knows the agency.
“With one-in-six Americans and a quarter of U.S. children facing a devastating hunger crisis, farmers reeling and rural communities struggling to weather the pain and economic fallout of the pandemic, the president-elect was eager to nominate someone with experience and who is prepared to step in on day one to deliver immediate relief for families all across the country ― and no one knows the department better than Tom Vilsack,” the source said, noting he was unanimously confirmed by the Senate in 2009.
The president-elect instead nominated Fudge to be the secretary of housing and urban development.
Rep. Marcia Fudge (D-Ohio) has accepted a nomination to be the Secretary of Housing and Urban Development, though she expressed interest in the Department of Agriculture. AP Photo/David Dermer, File
“Amid the crises facing the country, President-elect Biden is building a team of qualified and competent leaders to get things back on track and advance his bold agenda to build back better. Each of these nominees are forward-thinking, crisis-tested and experienced, and they are ready to quickly use the levers of government to make meaningful differences in the lives of Americans and help govern on day one,” said transition spokesperson Sean Savett.
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Other recent Biden choices also have a long and close relationship with the president-elect. Susan Rice is now going to be in charge of the White House Domestic Policy Council, a surprising choice since she is a foreign policy expert who served as Obama’s national security adviser. She is not known for her domestic policy chops, but her defenders say that her experience nevertheless equips her well for this role.
“Susan is bright, committed and gets things done,” former Attorney General Eric Holder tweeted. “She has experience coordinating various agencies to develop coherent policy. She understands the need for reform and positive change. This will be seen as one of Joe Biden’s best appointments.”
Ben Rhodes, one of Obama’s national security advisers, highlighted Rice’s personal passion for education policy — one inspired by her mother’s role in creating the Pell Grant program.
A domestic policy portfolio helps round out Rice’s experience if she does decide to run for office. There was speculation that she would challenge Sen. Susan Collins (R-Maine), and she was in the running to be Biden’s vice president.
Sen. John Cornyn (R-Texas) noted that he thought it was “interesting” that Biden decided to appoint Rice to a “non-Senate confirmed position,” even though it’s not surprising at all, since Republicans made clear that they would oppose her in any Senate-confirmed role with every fiber of their being.
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Biden also tapped Denis McDonough, who served as Obama’s chief of staff, to run the Department of Veterans on Thursday. Paul Rieckhoff, the founder of Iraq and Afghanistan Veterans of America, said that while he had met McDonough and found him impressive, he viewed the pick as “stunningly strange and surprising.”
President Barack Obama and former White House chief of staff Denis McDonough, who is one of several Obama administration alums tapped to come back and serve in the Biden administration. AP Photo/Manuel Balce Ceneta
“He’s not a vet. And not a post-9/11 vet,” Rieckhoff tweeted. “And he’s another white guy leading an agency that badly needs a truly transformative leader that can understand and represent an increasingly diverse community.”
AMVETS, which boasts more than 250,000 members, also said it was “surprised” by Biden choosing McDonough.
“We were expecting a veteran, maybe a post-9/11 veteran. Maybe a woman veteran. Or maybe a veteran who knows the VA exceptionally well,” the group said in a statement.
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McDonough did get support from some key Democrats, however, including Jon Tester (D-Mont.), the ranking member of the Senate Veterans Affairs Committee, who said McDonough had “demonstrated an exemplary commitment to public service and a deep understanding that taking care of our veterans is a cost of war.”
Biden’s administration is full of his old friends, and he has cited his personal relationships with them as reasons that he trusts them.
He called former Sen. John Kerry (D-Mass.) “one of my closest friends” when announcing Kerry’s new role as climate envoy. He noted that he has worked with Avril Haines, his choice for national intelligence, “for over a decade.”
Drama over key appointments started last week, when news reports began circulating that New Mexico Gov. Michelle Lujan Grisham (D) had been snubbed for the Health and Human Services Secretary nomination.
There’s an understanding in Washington that some positions are less sought after than others. “Impressions are being given that HUD and Interior are not important federal agencies but political chits to be handed out,” the American Prospect’s David Dayen wrote this week in his piece claiming the transition process was “veering off course.”
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Lujan Grisham had been given an offer to run the Interior Department, which didn’t seem to make sense for the former New Mexico health secretary whose focus was on health care, not public lands. Furthermore, taking the post could have been a political slight to her fellow New Mexican Democrats Sens. Tom Udall and Martin Heinrich, along with Rep. Deb Haaland, all of whom have expressed interest in the post.
The interior secretary offer offended those in the Congressional Hispanic Caucus, who have been actively lobbying Biden’s team to make higher-profile Hispanic nominations. In the end, Biden’s campaign attempted to turn the situation around by tapping California Attorney General Xavier Becerra for the role. Lujan Grisham has so far been left without an administration job.
Dozens of tribes and House lawmakers have been lobbying Biden to nominate Haaland, a Native American member of Congress, to lead the agency. But in the past couple of weeks, The New York Times has been running stories featuring anonymous “Biden advisors” saying that Haaland isn’t qualified and suggesting a different Native American who happens to be a man, former interior deputy secretary Michael Connor.
It has infuriated tribal leaders and other Haaland supporters who say the suggestion is offensive and sexist, and that Biden is blowing a chance to put a historic, qualified Indigenous woman at the helm of the federal agency with oversight of public lands and tribal matters. Transition team officials have said the blind attacks on Haaland aren’t coming from anyone authorized to speak on behalf of Biden’s team.
Biden is also encountering some resistance from Democrats over his decision to nominate Ret. Gen. Lloyd Austin as defense secretary, raising questions of how much the Biden team consulted with key allies before making his decision.
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Austin is a respected former commander of the U.S. military effort in Iraq and a member of Raytheon’s board of directors. He would make history as the first Black American to lead the Pentagon, but he would need a waiver from Congress to serve in the position.
Recently retired Army Gen. Lloyd Austin, Biden's choice to be secretary of defense, would need a waiver from Congress to get approved for his post. AP Photo/Susan Walsh
Federal law stipulates that the leader of the Pentagon must be retired from military service for at least seven years before assuming the department’s top role — a law intended to maintain civilian control of the Defense Department. Austin has only been retired for four years.
The Trump administration received a waiver for Ret. Gen. James Mattis in 2017, which 17 Democrats voted against on principle. Now, Biden’s transition team is asking those same Democrats to reverse their positions for his pick. Already Warren said she would vote against the waiver and Sen. Jack Reed (R.I.), the ranking Democrat on the Senate Armed Services Committee, also said it would be more preferable if the nominee was less recently retired.
Much of the Cabinet remains to be filled, including the much-watched position of attorney general. Reports so far indicate that several of the leading candidates are white, despite the push by many activists to choose a person of color.
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In her first interview since Biden chose her to be his secretary of housing, Fudge declined to criticize Biden or the process, saying she has spoken with Vilsack and hopes to work with him.
“I know that he’s going to be somewhat controversial,” she said of Vilsack in an interview with The 19th, “but I believe that the president-elect has made a decision, and that he is putting together a team that he feels comfortable with that can carry on his agenda. And I’m just going to believe that he knows exactly what he’s doing. And I’m on the team.”
Igor Bobic and Arthur Delaney contributed reporting.


thehuffingtonpost--2020-12-10--Biden On The Defensive After Leaked Audio Reveals Push For Police Reform Delay

Biden spoke Tuesday with a group of civil rights leaders and insisted , unprompted , that Republicans ’ ability to define the Democratic Party as one in favor of defunding the police is how they “ beat the living hell out of us ” in downballot races , according to audio obtained by The Intercept that can be heard on its podcast “ Deconstructed ” this week .
During the meeting , NAACP President Derrick Johnson warned Biden that appointing Tom Vilsack ― instead of Rep. Marcia Fudge ( D-Ohio ) ― to be agriculture secretary would anger Georgia ’ @ @ @ @ @ @ @ farmers .
Vilsack , who was agriculture secretary under the Obama administration , notoriously fired Black USDA official Shirley Sherrod from her role as Georgia ’ s director of rural development .
“ If you consider the victory that you appreciated in Georgia , it was around 12,000 votes .
And so as you consider appointments , you must also consider what impact would that have on voters in the state of Georgia , ” Johnson can be heard saying .
“ And I will submit to you that former Secretary Vilsack could @ @ @ @ @ @ @ Georgia .
Shirley Sherrod is a civil rights legend , a hero.
” “ Also , don ’ t think we should get too far ahead of ourselves on dealing with police reform , ” the president-elect can be heard saying , warning that Republicans have “ already labeled us as being ‘ defund the police.
’ ” While Democrats did lose an unexpected number of races across the country , it should be noted that many of the progressive candidates who were vocal about defunding the police actually won reelection .
“ @ @ @ @ @ @ @ accountable .
We ’ re talking about giving them money to do the right things .
We ’ re talking about putting more psychologists and psychiatrists on the telephones when the 911 calls through .
We ’ re talking about spending money to enable them to do their jobs better , not with more force , with less force , and more understanding , ” Biden said .
The phrase “ defund the police ” refers to the redistribution of government funding from police departments to social services for underserved communities that tend @ @ @ @ @ @ @ The Brookings Institution ’ s Rashawn Ray noted that defunding does not equal abolishing police ― which is also a movement being pushed by some progressives ― but instead “ highlights fiscal responsibility ” and “ advocates for a market-driven approach to taxpayer money.
” “ President-elect Biden is the same person behind closed doors that he is public ; honest , direct and realistic about the challenges facing our nation the day he is sworn in , ” the transition team told NBC News .
“ As he made clear throughout the @ @ @ @ @ @ @ and urgent reform to our criminal justice system while continuing to support law enforcement ’ s mission to keep our communities safe.
” Ossoff ’ s platform includes calling for a new Civil Rights Act and an end to police brutality .
Warnock , meanwhile , has an agriculture platform that includes “ level the playing field for Black and minority farmers by expanding access to capital for equipment and financial resources and ending discriminatory policies at the federal level that limit opportunities , ” according to his campaign website .
Biden has @ @ @ @ @ @ @ defunding the police , a cause that grew in popularity during this year ’ s protests against police brutality and racial injustice .
During his campaign , the president-elect repeatedly expressed support for police reform but said he would not take away police funding .
Many progressives argue that the police system is past the point of reform and should have its funds redistributed to preventative resources .
Former President Barack Obama recently received backlash after expressing sentiments similar to Biden ’ s and those of other moderate Democrats .
In a Dec. @ @ @ @ @ @ @ “ Good Luck America , ” Obama warned that a “ snappy ” slogan like “ defund the police ” makes it “ a lot less likely that you ’ re actually going to get the changes you want done.
” “ This movement , which really helped to push [ Biden ’ s ] campaign over the finish line , was used as a political football all throughout this election cycle and that was true in 2016 as well , ” Garza said Tuesday at Politico ’ s Women Rule Capstone event @ @ @ @ @ @ @ of valuable airspace that was used to be condescending to the very people who have opened the imagination that this country can be ― and how we can get closer to the promise that this country has offered so many .
”

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The incoming administration is on the defensive after leaked audio revealed that President-elect Joe Biden recently warned civil rights leaders against immediate police reform out of fear it would hurt Democrats’ chances at winning the upcoming Senate runoff elections in Georgia.
Biden spoke Tuesday with a group of civil rights leaders and insisted, unprompted, that Republicans’ ability to define the Democratic Party as one in favor of defunding the police is how they “beat the living hell out of us” in downballot races, according to audio obtained by The Intercept that can be heard on its podcast “Deconstructed” this week.
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During the meeting, NAACP President Derrick Johnson warned Biden that appointing Tom Vilsack ― instead of Rep. Marcia Fudge (D-Ohio) ― to be agriculture secretary would anger Georgia’s Black voters, and particularly Black farmers. Vilsack, who was agriculture secretary under the Obama administration, notoriously fired Black USDA official Shirley Sherrod from her role as Georgia’s director of rural development.
Sherrod’s firing was based on a manipulated video aired by the late conservative Andrew Breitbart. Johnson told Biden that Georgia very much remembers Vilsack’s decision to fire her.
“If you consider the victory that you appreciated in Georgia, it was around 12,000 votes. And so as you consider appointments, you must also consider what impact would that have on voters in the state of Georgia,” Johnson can be heard saying. “And I will submit to you that former Secretary Vilsack could have a disastrous impact on voters in Georgia. Shirley Sherrod is a civil rights legend, a hero.”
Biden announced Thursday that he had nominated Vilsack anyway.
Civil rights leaders warned Biden that picking Vilsack could backfire in Georgia, where Shirley Sherrod is still a hero. He responded by saying the real threat in the runoffs was "defund the police." https://t.co/NSykP8rN0L — Ryan Grim (@ryangrim) December 10, 2020
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Biden argued that a push to implement police reform during the transition, rather than Vilsack’s appointment, is what’s likely to hurt Democrats during the Georgia runoffs in January.
“Also, don’t think we should get too far ahead of ourselves on dealing with police reform,” the president-elect can be heard saying, warning that Republicans have “already labeled us as being ‘defund the police.’”
“That’s how they beat the living hell out of us across the country, saying that we’re talking about defunding the police. We’re not,” he added.
While Democrats did lose an unexpected number of races across the country, it should be noted that many of the progressive candidates who were vocal about defunding the police actually won reelection.
“We’re talking about holding them accountable. We’re talking about giving them money to do the right things. We’re talking about putting more psychologists and psychiatrists on the telephones when the 911 calls through. We’re talking about spending money to enable them to do their jobs better, not with more force, with less force, and more understanding,” Biden said.
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The phrase “defund the police” refers to the redistribution of government funding from police departments to social services for underserved communities that tend to be targeted by law enforcement. The Brookings Institution’s Rashawn Ray noted that defunding does not equal abolishing police ― which is also a movement being pushed by some progressives ― but instead “highlights fiscal responsibility” and “advocates for a market-driven approach to taxpayer money.”
After The Intercept published the audio of Biden’s remarks, his transition team reiterated its defense of the president-elect’s position.
“President-elect Biden is the same person behind closed doors that he is public; honest, direct and realistic about the challenges facing our nation the day he is sworn in,” the transition team told NBC News. “As he made clear throughout the campaign, he believes in supporting bold and urgent reform to our criminal justice system while continuing to support law enforcement’s mission to keep our communities safe.”
Responding to leaked audio, transition official tells @NBCNews: ""President-elect Biden is the same person behind closed doors that he is public; honest, direct and realistic about the challenges facing our nation the day he is sworn in." 1/ — Mike Memoli (@mikememoli) December 10, 2020
In January’s runoff, Democratic nominee Jon Ossoff will be facing Republican Sen. David Perdue, while Democratic Rev. Raphael Warnock is facing Republican Sen. Kelly Loeffler.
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Ossoff’s platform includes calling for a new Civil Rights Act and an end to police brutality. Warnock, meanwhile, has an agriculture platform that includes “level the playing field for Black and minority farmers by expanding access to capital for equipment and financial resources and ending discriminatory policies at the federal level that limit opportunities,” according to his campaign website.
The Biden transition did not immediately respond to HuffPost’s questions about how his comments on police brutality and his nomination of Vilsack play with the two Democratic Senate candidates’ platforms.
Biden has made no secret of his position on defunding the police, a cause that grew in popularity during this year’s protests against police brutality and racial injustice. During his campaign, the president-elect repeatedly expressed support for police reform but said he would not take away police funding. Many progressives argue that the police system is past the point of reform and should have its funds redistributed to preventative resources.
Former President Barack Obama recently received backlash after expressing sentiments similar to Biden’s and those of other moderate Democrats. In a Dec. 1 interview on the Snapchat political show “Good Luck America,” Obama warned that a “snappy” slogan like “defund the police” makes it “a lot less likely that you’re actually going to get the changes you want done.”
Black Lives Matter co-founder Alicia Garza rebuked Democrats’ attacks on the push to "defund the police."
Their dismissal of the slogan, she said, is an insult to activists who helped secure Joe Biden's victory https://t.co/2TR7UJ23Ny pic.twitter.com/a3yjXeGzLJ — POLITICO (@politico) December 8, 2020
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Black Lives Matter co-founder Alicia Garza said earlier this week that establishment Democrats’ attacks on the push to defund the police is insulting to the activists who helped secure Biden’s victory.
“This movement, which really helped to push [Biden’s] campaign over the finish line, was used as a political football all throughout this election cycle and that was true in 2016 as well,” Garza said Tuesday at Politico’s Women Rule Capstone event. “There’s a lot of valuable airspace that was used to be condescending to the very people who have opened the imagination that this country can be ― and how we can get closer to the promise that this country has offered so many.”


thehuffingtonpost--2020-12-10--George Conway Spotlights The 'Biggest Farce Of All' In Trump's Election Litigation

“ They ’ ve already lost a case in the U.S. Supreme Court — and are about to lose there again , very , very soon , ” wrote Conway , who is married to Trump ’ s former White House counselor Kellyanne Conway .
“ It ’ s hard to imagine that any alliance of litigants and lawyers has ever lost more cases for more reasons — and in less time — than this sorry bunch has , ” he added .
“ Their problem is they have nothing to sue about , and never did.
” On Monday @ @ @ @ @ @ @ a Republican , filed the long-shot lawsuit to the Supreme Court seeking to invalidate the 62 Electoral College votes from Georgia , Michigan , Pennsylvania and Wisconsin ― all states that Trump lost .
The case has already been dismissed by legal experts and criticized by officials in all four states .
In a tweet Wednesday , Trump declared “ we will be INTERVENING ” in the Texas case , calling it the “ big one.
” “ It ’ s the big one , all right , the biggest farce of all @ @ @ @ @ @ @ the case “ legally preposterous.
” “ No constitutional provision , no statute and no principle of law gives one state the standing to challenge another state ’ s handling of an election , ” he explained .
“ In our system , Texas isn ’ t the boss of Pennsylvania.
” Beyond that , Conway added , there is no reason to believe the Supreme Court would take this case , given its history of handling state-versus-state disputes .
He took aim at Paxton and other Republican officials for their efforts to @ @ @ @ @ @ @ “ affront to the rule of law , an insult to an independent judiciary and a contempt of democracy.
” “ That any member of any bar , let alone a member of the Supreme Court bar , could file such flimsy tripe in any court , let alone the Supreme Court , is an embarrassment to the legal profession , ” Conway wrote .
Read his full commentary on The Washington Post .

“They’ve already lost a case in the U.S. Supreme Court — and are about to lose there again, very, very soon,” wrote Conway, who is married to Trump’s former White House counselor Kellyanne Conway.
“It’s hard to imagine that any alliance of litigants and lawyers has ever lost more cases for more reasons — and in less time — than this sorry bunch has,” he added. “Their problem is they have nothing to sue about, and never did.”
On Monday, Texas Attorney General Ken Paxton, a Republican, filed the long-shot lawsuit to the Supreme Court seeking to invalidate the 62 Electoral College votes from Georgia, Michigan, Pennsylvania and Wisconsin ― all states that Trump lost. The case has already been dismissed by legal experts and criticized by officials in all four states.
In a tweet Wednesday, Trump declared “we will be INTERVENING” in the Texas case, calling it the “big one.”
“It’s the big one, all right, the biggest farce of all,” Conway wrote. He deemed the case “legally preposterous.”
“No constitutional provision, no statute and no principle of law gives one state the standing to challenge another state’s handling of an election,” he explained. “In our system, Texas isn’t the boss of Pennsylvania.”
Beyond that, Conway added, there is no reason to believe the Supreme Court would take this case, given its history of handling state-versus-state disputes.
He took aim at Paxton and other Republican officials for their efforts to disenfranchise voters, which he labeled an “affront to the rule of law, an insult to an independent judiciary and a contempt of democracy.”
“That any member of any bar, let alone a member of the Supreme Court bar, could file such flimsy tripe in any court, let alone the Supreme Court, is an embarrassment to the legal profession,” Conway wrote.
Read his full commentary on The Washington Post.


thehuffingtonpost--2020-12-10--‘Art Of The Deal’ Co-Author: Trump Will Inflict 'Suffering On All Of Us’ As Term Ends

Tony Schwartz , the co-author of Donald Trump ’ s most well-known book , “ The Art of the Deal , ” on Wednesday termed the president a “ sociopath ” who would seek to cause as much collateral damage as possible in his remaining weeks in office .
“ Trump feels he ’ s been wronged by virtually everybody , ” Schwartz said on MSNBC , and as an example noted that a longtime friend of the president , Fox News ’ Geraldo Rivera , has said that Trump was no longer taking his calls after he acknowledged President-elect @ @ @ @ @ @ @ .
Schwartz added that Trump is “ feeling unbearably diminished by the country ’ s lack of acceptance of his dominance .
So it becomes something like , ‘ I ’ ll show them .
I ’ ll inflict as much suffering as I can in the weeks I have left.
’ ” Asked to elaborate by host Ari Melber , Schwartz said Trump would be “ inflicting suffering on all of us ” before Biden is inaugurated at noon on Jan. 20 .
“ He ’ s going to piss people off @ @ @ @ @ @ @ next four weeks , beginning with pardons , ” Schwartz said .
“ Watch what he does with pardons .
They will be equal opportunity offensive.
” Schwartz also offered his take on a viral clip from Monday when Trump awarded the Medal of Freedom to famed Olympic gold-medalist wrestler Dan Gable at the White House .
The footage showed that Trump ’ s exit from the Oval Office after the ceremony and as reporters asked him questions about the election seemed to leave Gable perplexed .
( An extended version of the @ @ @ @ @ @ @ a sudden exit , he nevertheless took some questions and offered additional praise for Gable before departing . )
″ [ I see ] depression , ” Schwartz said when asked what he thought of the clip .
“ I mean , he slunk out of that office ...
He just couldn ’ t bear to be there.
” Schwartz added that his greatest fear over the next four years was not necessarily the president , but the “ cult of Trump ” ― and said Biden needed to make “ humility and @ @ @ @ @ @ @ Schwartz has repeatedly said he regrets teaming up with Trump to produce 1987′s “ The Art of the Deal , ” which reached the top spot on The New York Times bestseller list .
Although the two shared co-authorship credit , Schwartz has said he wrote the book and Trump made some edits .
He has previously characterized Trump as “ delusional.
” In May , he said that as the death toll from COVID-19 mounted , all Trump cared about remained winning reelection .

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Tony Schwartz, the co-author of Donald Trump’s most well-known book, “The Art of the Deal,” on Wednesday termed the president a “sociopath” who would seek to cause as much collateral damage as possible in his remaining weeks in office.
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Schwartz added that Trump is “feeling unbearably diminished by the country’s lack of acceptance of his dominance. So it becomes something like, ‘I’ll show them. I’ll inflict as much suffering as I can in the weeks I have left.’”
Asked to elaborate by host Ari Melber, Schwartz said Trump would be “inflicting suffering on all of us” before Biden is inaugurated at noon on Jan. 20.
“He’s going to piss people off in any way he can over the next four weeks, beginning with pardons,” Schwartz said. “Watch what he does with pardons. They will be equal opportunity offensive.”
Schwartz also offered his take on a viral clip from Monday when Trump awarded the Medal of Freedom to famed Olympic gold-medalist wrestler Dan Gable at the White House. The footage showed that Trump’s exit from the Oval Office after the ceremony and as reporters asked him questions about the election seemed to leave Gable perplexed. (An extended version of the video shows that while Trump did make a sudden exit, he nevertheless took some questions and offered additional praise for Gable before departing.)
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″[I see] depression,” Schwartz said when asked what he thought of the clip. “I mean, he slunk out of that office... He just couldn’t bear to be there.”
Schwartz added that his greatest fear over the next four years was not necessarily the president, but the “cult of Trump” ― and said Biden needed to make “humility and decency cool again.”
In recent years Schwartz has repeatedly said he regrets teaming up with Trump to produce 1987′s “The Art of the Deal,” which reached the top spot on The New York Times bestseller list. Although the two shared co-authorship credit, Schwartz has said he wrote the book and Trump made some edits.
He has previously characterized Trump as “delusional.” In May, he said that as the death toll from COVID-19 mounted, all Trump cared about remained winning reelection.
Watch Schwartz’s remarks below.


thehuffingtonpost--2020-12-10--Bernie Sanders Blasts 'Grossly Unsatisfactory' And 'Unacceptable' COVID-19 Relief Packages

Sen. Bernie Sanders ( I-Vt. ) sharply criticized Republicans ’ latest COVID-19 relief proposals on Wednesday and called out the U.S. government for an inability to provide for its citizens .
“ I always get a kick , ” Sanders told MSNBC host Stephanie Ruhle .
“ Here in Washington , when we go to war , there ’ s endless amounts of money .
Tax breaks for billionaires : endless amounts of money .
Corporate welfare : endless amounts of money .
But when children are going hungry in America today , suddenly we don ’ t have the @ @ @ @ @ @ @ that ’ s wrong.
” Sanders , along with Rep. Alexandria Ocasio-Cortez ( D-N.Y. ) in the House , has demanded another round of $ 1,200 stimulus checks and critiqued a $ 908 billion bipartisan bill backed by Sen. Mitt Romney ( R-Utah ) and other centrists for not including direct assistance to Americans suffering from the coronavirus pandemic .
The Vermont senator called plans pushed by Republicans , like the $ 500 billion package supported by Senate Majority Leader Mitch McConnell ( R-Ky. ) , “ grossly unsatisfactory , ” and said @ @ @ @ @ @ @ earlier this week to distribute one-time $ 600 payments for most Americans ― but nothing for the unemployed ― was “ unacceptable.
” Sanders added that negotiations over an appropriate relief package would go on through Christmas if necessary .
“ The question now is whether Mitch McConnell is going to turn his back ... on the incredible suffering that the American people , the working people , are now experiencing , ” Sanders said , calling on Congress to “ respond aggressively ” to assist families impacted by the pandemic .
Sanders @ @ @ @ @ @ @ severely lacking in paid family and medical leave and took a moment to promote his “ Medicare for All ” proposal .
“ If there ’ s anything that I hope this terrible , terrible pandemic is showing the American people , it ’ s how far behind we are other countries around the world in taking care of our children , taking care of the unemployed , taking care of the elderly , taking care of the sick .
We ’ re the richest country in the history of the world .
@ @ @ @ @ @ @ underinsured .
That is beyond belief .
”

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Sen. Bernie Sanders (I-Vt.) sharply criticized Republicans’ latest COVID-19 relief proposals on Wednesday and called out the U.S. government for an inability to provide for its citizens.
“I always get a kick,” Sanders told MSNBC host Stephanie Ruhle. “Here in Washington, when we go to war, there’s endless amounts of money. Tax breaks for billionaires: endless amounts of money. Corporate welfare: endless amounts of money. But when children are going hungry in America today, suddenly we don’t have the money. That’s crap, that’s wrong.”
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The Vermont senator called plans pushed by Republicans, like the $500 billion package supported by Senate Majority Leader Mitch McConnell (R-Ky.), “grossly unsatisfactory,” and said that a proposal from the White House earlier this week to distribute one-time $600 payments for most Americans ― but nothing for the unemployed ― was “unacceptable.” Sanders added that negotiations over an appropriate relief package would go on through Christmas if necessary.
“The question now is whether Mitch McConnell is going to turn his back ... on the incredible suffering that the American people, the working people, are now experiencing,” Sanders said, calling on Congress to “respond aggressively” to assist families impacted by the pandemic.
Sanders also pointed out that the U.S. was severely lacking in paid family and medical leave and took a moment to promote his “Medicare for All” proposal.
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“If there’s anything that I hope this terrible, terrible pandemic is showing the American people, it’s how far behind we are other countries around the world in taking care of our children, taking care of the unemployed, taking care of the elderly, taking care of the sick. We’re the richest country in the history of the world. Ninety-two million people today are uninsured or underinsured. That is beyond belief.”


thehuffingtonpost--2020-12-10--Muslim Men Can Sue FBI Agents Over No-Fly List: SCOTUS

WASHINGTON ( AP ) — A unanimous Supreme Court ruled Thursday that Muslim men who were placed on the government ’ s no-fly list because they refused to serve as FBI informants can seek to hold federal agents financially liable .
The justices continued a string of decisions friendly to religious interests in holding that the men could sue the agents under the 1993 Religious Freedom Restoration Act for what it calls “ appropriate relief.
” “ The question here is whether ‘ appropriate relief ’ includes claims for money damages against Government officials in their individual capacities .
We @ @ @ @ @ @ @ Clarence Thomas wrote for the court .
The three foreign-born men claim in the lawsuit that their religious convictions led them to rebuff agents who wanted them to inform on people in their Muslim communities .
“ This is a clear prohibition in the Islamic faith , ” Ramzi Kassem , the men ’ s lawyer , told the justices during arguments in October .
The men claim the agents then placed or kept them on the list of people prevented from flying because they are considered a threat .
The men have @ @ @ @ @ @ @ .
A trial court dismissed the suit once their names had been dropped from the list , but they argued that the retaliation they claimed “ cost them substantial sums of money : airline tickets wasted and income from job opportunities lost , ” Thomas wrote .
The federal appeals court in New York agreed with the Muslim men , and the high court affirmed that decision .
In recent years , the court has ruled in favor of people and companies asserting claims under the Religious Freedom Restoration Act , or the @ @ @ @ @ @ @ .
—Reinstated convictions for rape by a military officer and two enlisted men , reversing a military court ruling that had thrown them out because too much time had elapsed between the assaults and the prosecutions .
The cases involve women who for different reasons initially decided not to press charges but later changed their minds .
The crimes all were committed before 2006 .
The Uniform Code of Military Justice has been changed so that there is no statute of limitations on rape charges .
—Revived a provision of the Delaware Constitution @ @ @ @ @ @ @ , that requires that appointments to Delaware ’ s major courts reflect a partisan balance .
The justices did not rule on the substance of the requirement .
Instead they held that lawyer James R. Adams , a political independent who challenged the provision , didn ’ t have the legal right to do so because he had not shown that at the time he brought his lawsuit that he was “ able and ready ” to apply to be a judge .
—Reversed lower-court decisions that had prevented an Arkansas pharmacy law @ @ @ @ @ @ @ .
The law , Act 900 , was enacted to ensure that pharmacies are fully reimbursed for the cost of drugs they dispense to customers .
Justice Amy Coney Barrett had not yet joined the court when the cases were argued and did not take part in the decisions .

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WASHINGTON (AP) — A unanimous Supreme Court ruled Thursday that Muslim men who were placed on the government’s no-fly list because they refused to serve as FBI informants can seek to hold federal agents financially liable.
The justices continued a string of decisions friendly to religious interests in holding that the men could sue the agents under the 1993 Religious Freedom Restoration Act for what it calls “appropriate relief.”
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“The question here is whether ‘appropriate relief’ includes claims for money damages against Government officials in their individual capacities. We hold that it does,” Justice Clarence Thomas wrote for the court.
The three foreign-born men claim in the lawsuit that their religious convictions led them to rebuff agents who wanted them to inform on people in their Muslim communities. “This is a clear prohibition in the Islamic faith,” Ramzi Kassem, the men’s lawyer, told the justices during arguments in October.
The men claim the agents then placed or kept them on the list of people prevented from flying because they are considered a threat. The men have since been removed from the no-fly list.
A trial court dismissed the suit once their names had been dropped from the list, but they argued that the retaliation they claimed “cost them substantial sums of money: airline tickets wasted and income from job opportunities lost,” Thomas wrote. The federal appeals court in New York agreed with the Muslim men, and the high court affirmed that decision.
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In recent years, the court has ruled in favor of people and companies asserting claims under the Religious Freedom Restoration Act, or the Constitution’s guarantee of religious liberty.
The decision involving the no-fly list was among four issued Thursday in cases that were argued in October.
In the others, all decided unanimously, the court:
—Reinstated convictions for rape by a military officer and two enlisted men, reversing a military court ruling that had thrown them out because too much time had elapsed between the assaults and the prosecutions. The cases involve women who for different reasons initially decided not to press charges but later changed their minds. The crimes all were committed before 2006. The Uniform Code of Military Justice has been changed so that there is no statute of limitations on rape charges.
—Revived a provision of the Delaware Constitution, struck down by a lower court, that requires that appointments to Delaware’s major courts reflect a partisan balance. The justices did not rule on the substance of the requirement. Instead they held that lawyer James R. Adams, a political independent who challenged the provision, didn’t have the legal right to do so because he had not shown that at the time he brought his lawsuit that he was “able and ready” to apply to be a judge.
—Reversed lower-court decisions that had prevented an Arkansas pharmacy law passed in 2015 from going into effect. The law, Act 900, was enacted to ensure that pharmacies are fully reimbursed for the cost of drugs they dispense to customers.
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Justice Amy Coney Barrett had not yet joined the court when the cases were argued and did not take part in the decisions.
___


thehuffingtonpost--2020-12-10--One Of The Biggest Obstacles To A Coronavirus Deal: Congressional Leaders

WASHINGTON — There ’ s a possible agreement coming together on another coronavirus stimulus .
And the question isn ’ t whether congressional leaders and the president can seal the deal ; it ’ s whether they can get out of the way .
Unlike Democratic leaders , the Kentucky Republican has pointedly refused to endorse the bipartisan framework , and he has talked on the Senate floor as though negotiations aren ’ t even happening .
He ’ s instead insisted that Democrats agree to separate proposals he ’ s made himself and claimed that the other side is @ @ @ @ @ @ @ come down from a House-passed $ 3 trillion bill and a $ 2 trillion measure to support a proposal that is just over $ 900 billion .
“ We ’ ve got a week left to be able to resolve all the issues , it ’ s a very broad area , ” Romney said .
“ We ’ re looking at each element of it and there ’ s not the urgency to resolve those issues that there is with things like unemployment insurance , help for small businesses , vaccine distribution @ @ @ @ @ @ @ .
The other things , we have the time to deal with.
” States already received $ 150 billion in funds from the CARES Act that have helped with this year ’ s budget gaps , but missing economic activity will amount to $ 167 billion less in tax revenue next year , according to one projection from the Brookings Institution .
Already , some cities are planning service and personnel cuts , such as hundreds of potential police layoffs in Los Angeles .
The bipartisan group , led by Romney and Sen. @ @ @ @ @ @ @ significant progress this week .
On Wednesday , they released a more detailed framework for the deal .
And on Thursday , a source with knowledge of the negotiations said they ’ d reached a compromise on state and local funding , which had previously been unresolved .
The group had already announced that their bill would supply $ 160 billion for state and local governments , but they hadn ’ t agreed to how they ’ d divvy up the money .
But Romney ’ s musings that the group should perhaps @ @ @ @ @ @ @ the liability shield is an indication that agreement is delicate and the group may not have buy-in from Republicans .
Leaving state and local funding out of a bill could be a problem for Democrats , as that money is one of their top priorities .
Speaker Nancy Pelosi ( D-Calif. ) has particularly noted how important it is for Congress to help states that are financially battered from coronavirus .
She , like McConnell , could refuse to put on the floor a deal that leaves out funding , especially because she @ @ @ @ @ @ @ that setting aside state and local money and the liability shield is an equitable trade .
“ A COVID package will not pass unless both the majority leader and the speaker are for it , ” Sen. Roy Blunt ( R-Mo . )
said .
“ If they can ’ t work this out between them , it really doesn ’ t matter what eight members of the Senate or 30 members do .
If they think they ’ re negotiating a final bill that somehow Senator McConnell and Speaker Pelosi will have @ @ @ @ @ @ @ seen that happen before.
” But the bipartisan group still seems to be pushing ahead in its effort to reach a deal on the liability shield .
McConnell wants a four-year clampdown on any personal injury lawsuits related to the coronavirus in any way ― even unrelated medical malpractice claims against a health care provider that says its decisions were affected by the coronavirus .
Democrats have said they could be willing to do a very short-term moratorium , like four months , specifically limited to coronavirus .
The working group hasn ’ @ @ @ @ @ @ @ ’ s proposal .
Lawmakers considered a much shorter six-month ban on coronavirus lawsuits or a ban for this year that could subsequently be replaced with tougher state laws .
But either way , the “ tidal wave of lawsuits ” McConnell warned about in springtime ― the entire justification for the shield ― hasn ’ t materialized .
Still , McConnell and some Republicans insist on legislation shielding employers and other institutions .
The other major wild card is President Donald Trump .
He has largely stayed out of the negotiations , @ @ @ @ @ @ @ claims of election fraud .
But Trump has said he wants stimulus checks to be part of a deal ― an item that ’ s currently not included in the $ 900 billion framework ― and his pressure on McConnell and Republicans to either take a deal or reject it could ultimately be the deciding factor .

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WASHINGTON — There’s a possible agreement coming together on another coronavirus stimulus. And the question isn’t whether congressional leaders and the president can seal the deal; it’s whether they can get out of the way.
The question is particularly important for Senate Majority Leader Mitch McConnell, who’s perhaps more resistant than anybody to an agreement.
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Unlike Democratic leaders, the Kentucky Republican has pointedly refused to endorse the bipartisan framework, and he has talked on the Senate floor as though negotiations aren’t even happening. He’s instead insisted that Democrats agree to separate proposals he’s made himself and claimed that the other side is unwilling to compromise, after Democrats have come down from a House-passed $3 trillion bill and a $2 trillion measure to support a proposal that is just over $900 billion.
McConnell may be setting the stage to refuse putting the ultimate legislation on the Senate floor ― or just poisoning the agreement before it’s even reached.
His proposal that Democrats and Republicans set aside the two most contentious items ― state and local funding and a liability shield protecting businesses from coronavirus lawsuits ― was immediately dismissed by Democratic leaders earlier this week. But the bipartisan group of senators negotiating a deal are keenly aware of McConnell’s objections.
Sen. Mitt Romney (R-Utah), one of the leaders of the moderate negotiations, told reporters late Thursday that the working group should “maybe wait” on the liability shield and state aid and advance a deal on what’s been agreed to now.
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“We’ve got a week left to be able to resolve all the issues, it’s a very broad area,” Romney said. “We’re looking at each element of it and there’s not the urgency to resolve those issues that there is with things like unemployment insurance, help for small businesses, vaccine distribution, those things we need right away. The other things, we have the time to deal with.”
Sen. Mitt Romney (R-Utah), center, speaks alongside a group of Democrat and Republican members of Congress as they announce a proposal for a COVID-19 relief bill on Dec. 1. SAUL LOEB via Getty Images
States already received $150 billion in funds from the CARES Act that have helped with this year’s budget gaps, but missing economic activity will amount to $167 billion less in tax revenue next year, according to one projection from the Brookings Institution. Already, some cities are planning service and personnel cuts, such as hundreds of potential police layoffs in Los Angeles.
The bipartisan group, led by Romney and Sen. Joe Manchin (D-W.Va.) has made significant progress this week. On Wednesday, they released a more detailed framework for the deal. And on Thursday, a source with knowledge of the negotiations said they’d reached a compromise on state and local funding, which had previously been unresolved. The group had already announced that their bill would supply $160 billion for state and local governments, but they hadn’t agreed to how they’d divvy up the money.
That had changed on Thursday, with senators deciding to use a “needs-based formula,” according to the source.
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But Romney’s musings that the group should perhaps set aside state and local funding and the liability shield is an indication that agreement is delicate and the group may not have buy-in from Republicans.
Leaving state and local funding out of a bill could be a problem for Democrats, as that money is one of their top priorities. Speaker Nancy Pelosi (D-Calif.) has particularly noted how important it is for Congress to help states that are financially battered from coronavirus. She, like McConnell, could refuse to put on the floor a deal that leaves out funding, especially because she and most Democrats don’t feel that setting aside state and local money and the liability shield is an equitable trade.
“A COVID package will not pass unless both the majority leader and the speaker are for it,” Sen. Roy Blunt (R-Mo.) said. “If they can’t work this out between them, it really doesn’t matter what eight members of the Senate or 30 members do. If they think they’re negotiating a final bill that somehow Senator McConnell and Speaker Pelosi will have to accept, I’ve never seen that happen before.”
But the bipartisan group still seems to be pushing ahead in its effort to reach a deal on the liability shield. McConnell wants a four-year clampdown on any personal injury lawsuits related to the coronavirus in any way ― even unrelated medical malpractice claims against a health care provider that says its decisions were affected by the coronavirus. Democrats have said they could be willing to do a very short-term moratorium, like four months, specifically limited to coronavirus.
The working group hasn’t coalesced around an alternative to McConnell’s proposal. Lawmakers considered a much shorter six-month ban on coronavirus lawsuits or a ban for this year that could subsequently be replaced with tougher state laws. But either way, the “tidal wave of lawsuits” McConnell warned about in springtime ― the entire justification for the shield ― hasn’t materialized. Still, McConnell and some Republicans insist on legislation shielding employers and other institutions.
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McConnell has said Congress should simply pass legislation where there’s already agreement ― namely unemployment, vaccine distribution and the Paycheck Protection Program. But it’s not clear if McConnell would actually accept the working group’s product or insist on his own.
The Manchin-Romney gang has agreed on $180 billion in federal jobless aid, including a $300 increase in weekly benefits and an extra 16 weeks for the long-term jobless ― two things both McConnell and the White House omitted from their most recent proposals.
The other major wild card is President Donald Trump. He has largely stayed out of the negotiations, more interested in golfing and promoting false claims of election fraud. But Trump has said he wants stimulus checks to be part of a deal ― an item that’s currently not included in the $900 billion framework ― and his pressure on McConnell and Republicans to either take a deal or reject it could ultimately be the deciding factor.
For now, however, GOP leaders seem to be doing their best to sabotage the bipartisan agreement before it ever materializes.
In remarks on the Senate floor Thursday, close McConnell ally Sen. John Cornyn (R-Texas) echoed the leader’s claim that Democrats have not compromised, implying that no negotiation is currently happening.
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thehuffingtonpost--2020-12-10--Jerry Falwell Jr. Drops Defamation Lawsuit Against Liberty University

A judge granted a motion this week to dismiss the case in a move that left open the possibility of Falwell refiling a similar one later , The News & Advance reported Thursday .
Court documents give no indication of why Falwell opted to withdraw the lawsuit .
“ I ’ ve decided to take a time out from my litigation against Liberty University , but I will continue to keep all options on the table for an appropriate resolution to the matter , ” Falwell said in a brief statement to the newspaper Thursday .
Liberty said in a @ @ @ @ @ @ @ and voluntary dismissal was not prompted by any payments , promises , or other consideration ” from the school .
“ The University ’ s administration and Board of Trustees are pleased that Falwell has dropped his lawsuit and look forward to pressing onward with the work of Liberty ’ s President and Chancellor Search Committee to find the new leadership to succeed Falwell , ” the statement said .
Jerry Falwell Jr. and his wife , Becki speak at a town hall at Liberty University in Lynchburg , Virginia , on Wednesday @ @ @ @ @ @ @ down as president and chancellor of Liberty , the evangelical school his father founded , in August .
His departure came after Giancarlo Granda , a younger business partner of the Falwell family , said he had a yearslong sexual relationship with Falwell ’ s wife , Becki Falwell , and that Jerry Falwell participated in some of the liaisons as a voyeur .
Although the Falwells have acknowledged that Granda and Becki Falwell had an affair , Jerry Falwell has denied any participation .
The couple allege that Granda sought to extort @ @ @ @ @ @ @ unless he was paid substantial amounts of money .
In his complaint filed in late October , Falwell claimed that Liberty officials accepted Granda ’ s claims too easily and “ moved quickly ” to destroy his reputation .
The lawsuit also included claims of breach of contract .
Shortly after Falwell ’ s departure , Liberty announced it was opening an independent investigation into his tenure as president , a wide-ranging inquiry that would look into financial , real estate and legal matters .

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LYNCHBURG, Va. (AP) — Jerry Falwell Jr. has dropped a defamation lawsuit against his former employer, Liberty University.
A judge granted a motion this week to dismiss the case in a move that left open the possibility of Falwell refiling a similar one later, The News & Advance reported Thursday. Court documents give no indication of why Falwell opted to withdraw the lawsuit.
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“I’ve decided to take a time out from my litigation against Liberty University, but I will continue to keep all options on the table for an appropriate resolution to the matter,” Falwell said in a brief statement to the newspaper Thursday.
Liberty said in a statement that Falwell’s “unilateral and voluntary dismissal was not prompted by any payments, promises, or other consideration” from the school.
“The University’s administration and Board of Trustees are pleased that Falwell has dropped his lawsuit and look forward to pressing onward with the work of Liberty’s President and Chancellor Search Committee to find the new leadership to succeed Falwell,” the statement said.
Jerry Falwell Jr. and his wife, Becki speak at a town hall at Liberty University in Lynchburg, Virginia, on Wednesday Nov. 28, 2018. AP Photo/Steve Helber)
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Falwell stepped down as president and chancellor of Liberty, the evangelical school his father founded, in August. His departure came after Giancarlo Granda, a younger business partner of the Falwell family, said he had a yearslong sexual relationship with Falwell’s wife, Becki Falwell, and that Jerry Falwell participated in some of the liaisons as a voyeur.
Although the Falwells have acknowledged that Granda and Becki Falwell had an affair, Jerry Falwell has denied any participation. The couple allege that Granda sought to extort them by threatening to reveal the relationship unless he was paid substantial amounts of money.
In his complaint filed in late October, Falwell claimed that Liberty officials accepted Granda’s claims too easily and “moved quickly” to destroy his reputation. The lawsuit also included claims of breach of contract.


thehuffingtonpost--2020-12-10--About 30% Of Animal, Plant Species At Risk Of Extinction, Says IUCN Red List

A staggering percentage of the world ’ s plant and animal species are at risk of extinction , according to the latest IUCN Red List , an inventory of threatened species maintained by the International Union for Conservation of Nature .
The Red List , which was updated Thursday , lists more than 35,700 species — representing almost 30 % of all plant and animal species evaluated by the IUCN — as currently threatened with extinction .
These include all of the world ’ s freshwater dolphins , almost one-third of all oak trees and 40 % of all amphibians @ @ @ @ @ @ @ been declared extinct , according to the latest Red List .
These include several freshwater fish species endemic to Lake Lanao in the Philippines , which , according to the IUCN , were killed off in part by overfishing and the introduction of predatory species to the lake .
Three Central American frog species have also been declared extinct , the organization said .
“ The growing list of extinct species is a stark reminder that conservation efforts must urgently expand , ” Bruno Oberle , IUCN ’ s director-general , said in @ @ @ @ @ @ @ threats such as unsustainable fisheries , land clearing for agriculture , and invasive species , conservation needs to happen around the world and be incorporated into all sectors of the economy.
” BREAKING NEWS : The IUCN Red List has just been updated , showing that the European Bison and 25 other species are recovering .
At the same time , 31 species have been declared Extinct .
Find out more : https : //t.co/8XS4v2fydn pic.twitter.com/pFbRYroveL — IUCN Red List ( @ IUCNRedList ) December 10 , 2020 Oberle noted that the latest @ @ @ @ @ @ @ picture overall ― offers strong evidence of the efficacy of conservation .
The populations of at least 26 species , including the European bison , have shown marked recovery in recent years thanks to conservation efforts ― leading the Red List to upgrade the outlook for these species .
In the case of the European bison , the Red List has reclassified Europe ’ s largest land mammal as “ near threatened ” from its previous designation of “ vulnerable , ” which had indicated the bison was at risk of extinction .
@ @ @ @ @ @ @ wild in 2003 , but thanks to long-term conservation management , there are now about 6,200 European bison in the wild , the IUCN said .
“ The conservation successes in today ’ s Red List update provide living proof that the world can set , and meet , ambitious biodiversity targets , ” Jane Smart , global director of IUCN ’ s Biodiversity Conservation Group , said in a statement .
“ They further highlight the need for real , measurable commitments as we formulate and implement the post-2020 global biodiversity framework @ @

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A staggering percentage of the world’s plant and animal species are at risk of extinction, according to the latest IUCN Red List, an inventory of threatened species maintained by the International Union for Conservation of Nature.
The Red List, which was updated Thursday, lists more than 35,700 species — representing almost 30% of all plant and animal species evaluated by the IUCN — as currently threatened with extinction. These include all of the world’s freshwater dolphins, almost one-third of all oak trees and 40% of all amphibians.
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At least 31 species have also been declared extinct, according to the latest Red List. These include several freshwater fish species endemic to Lake Lanao in the Philippines, which, according to the IUCN, were killed off in part by overfishing and the introduction of predatory species to the lake. Three Central American frog species have also been declared extinct, the organization said.
“The growing list of extinct species is a stark reminder that conservation efforts must urgently expand,” Bruno Oberle, IUCN’s director-general, said in a statement. “To tackle global threats such as unsustainable fisheries, land clearing for agriculture, and invasive species, conservation needs to happen around the world and be incorporated into all sectors of the economy.”
BREAKING NEWS: The IUCN Red List has just been updated, showing that the European Bison and 25 other species are recovering. At the same time, 31 species have been declared Extinct. Find out more: https://t.co/8XS4v2fydn pic.twitter.com/pFbRYroveL — IUCN Red List (@IUCNRedList) December 10, 2020
Oberle noted that the latest Red List ― though painting a grim picture overall ― offers strong evidence of the efficacy of conservation.
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The populations of at least 26 species, including the European bison, have shown marked recovery in recent years thanks to conservation efforts ― leading the Red List to upgrade the outlook for these species.
In the case of the European bison, the Red List has reclassified Europe’s largest land mammal as “near threatened” from its previous designation of “vulnerable,” which had indicated the bison was at risk of extinction.
The species numbered just 1,800 in the wild in 2003, but thanks to long-term conservation management, there are now about 6,200 European bison in the wild, the IUCN said.
NEWS: Continued conservation efforts have moved the European bison from Vulnerable to Near Threatened in the latest @IUCNRedList update https://t.co/X2zfKqtoiR #ConservationWorks pic.twitter.com/AkGnBy2wD2 — IUCN (@IUCN) December 10, 2020


thehuffingtonpost--2020-12-10--National Saint Dolly Parton Saved Her 9-Year-Old Co-Star From An Oncoming Vehicle

The 74-year-old country music icon pulled a young co-star out of the path of a moving vehicle on the set of her new Netflix holiday special , “ Christmas on the Square.
” “ We were on set and I was at the hot chocolate station , and they said go back to your beginning positions , ” Talia said .
“ So there was a vehicle moving and I was walking , and then somebody grabbed me and pulled me back .
And I looked up and it was Dolly Parton.
” “ ‘ Well , I am an @ @ @ @ @ @ @ Talia said Parton told her after the moment .
“ ’ Cause she plays an angel in the movie .
And I was in shock .
She hugged me and shook me and said , ‘ I saved your life !
’ And my mom was crying , like , ‘ Yes , you did , Dolly Parton .
Yes , you did.
’ ” Parton does indeed play an angel in the new musical , which dropped on Netflix last month .
The holiday special takes its name from a song on @ @ @ @ @ @ @ Holly Dolly Christmas , ” which is her first holiday album in 30 years .
The movie follows the story of Regina Fuller ( Christine Baranski ) , who returns to her hometown to evict residents after the death of her father .
Talia is the youngest of three siblings cast in the musical .
Her brothers Tristan , 16 , and Tyson , 13 , also act and dance in it .
Last month , Parton told “ Sunday Today ” that she hopes to bring some healing during tough times with @ @ @ @ @ @ @ we ’ ve just become so divided ― ’ cause people just seem to love to hate , you know ?
This is the Christmas season coming up .
But we need to carry that Christmas spirit of peace on earth and loving one another .
We need to carry that into the new year , ” Parton said .
“ And Lord knows , I hope next year is better than this one .
”

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Thank heavens for Dolly Parton.
The 74-year-old country music icon pulled a young co-star out of the path of a moving vehicle on the set of her new Netflix holiday special, “Christmas on the Square.”
Talia Hill, the 9-year-old actor and dancer, recalled the incident in a recent interview with Inside Edition.
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“We were on set and I was at the hot chocolate station, and they said go back to your beginning positions,” Talia said. “So there was a vehicle moving and I was walking, and then somebody grabbed me and pulled me back. And I looked up and it was Dolly Parton.”
“‘Well, I am an angel, you know,’” Talia said Parton told her after the moment. “’Cause she plays an angel in the movie. And I was in shock. She hugged me and shook me and said, ‘I saved your life!’ And my mom was crying, like, ‘Yes, you did, Dolly Parton. Yes, you did.’”
Parton does indeed play an angel in the new musical, which dropped on Netflix last month. The holiday special takes its name from a song on her new Christmas album, “A Holly Dolly Christmas,” which is her first holiday album in 30 years.
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The movie follows the story of Regina Fuller (Christine Baranski), who returns to her hometown to evict residents after the death of her father.
Talia is the youngest of three siblings cast in the musical. Her brothers Tristan, 16, and Tyson, 13, also act and dance in it.
Last month, Parton told “Sunday Today” that she hopes to bring some healing during tough times with her holiday projects.


thehuffingtonpost--2020-12-10--Trump Administration Executes Brandon Bernard After Jurors Plead For His Life

Courtesy Brandon Bernard ’ s Defense Team “ He has been through , I think , so much suffering and remorse for what he did , '' said anti-death penalty activist Sister Helen Prejean of Brandon Bernard , 40 .
“ Brandon made one terrible mistake at age 18 .
But he did not kill anyone , and he never stopped feeling shame and profound remorse for his actions in the crime , ” Owen continued .
“ And he spent the rest of his life sincerely trying to show , as he put it , that he ‘ was @ @ @ @ @ @ @ that and so much more , carrying himself with grace and generosity , and always treating everyone around him with kindness and respect .
He worked to help other troubled kids avoid similar devastating mistakes , and he lived every day his commitment to serving both God and humanity.
” Bernard , who is Black , was sentenced to death by a nearly all-white jury in 2000 for his role in a botched car-jacking that ended in the killing of married couple Todd and Stacie Bagley .
Bernard was not present when his @ @ @ @ @ @ @ not the one to shoot them dead .
Christopher Vialva , the man who shot the Bagleys in the head , was executed in September .
Prosecutors claimed Bernard was the one who set the car on fire with the Bagleys inside , although the government ’ s cooperating witness admitted at trial that he didn ’ t actually see who lit fire to the car .
In 2018 , Bernard ’ s lawyers discovered that the government had withheld information during his trial that may have helped his case , a form @ @ @ @ @ @ @ violation .
Before the trial , a gang expert for the government determined that Bernard occupied the lowest level of the gang he was involved in — a fact that contradicted prosecutors ’ efforts to depict Bernard as a high-level , dangerous gang member .
Bernard ’ s post-conviction lawyers only learned about this information because the government disclosed it during a 2018 resentencing hearing for another participant in the crime .
After Bernard was moved to the facility where the execution chamber is , he had another short call with the team @ @ @ @ @ @ @ A Bureau of Prisons official ended the call while each person was trying to say their goodbyes and tell him how much they loved and cared about him .
They were grateful they had already told him how much they loved him during the earlier call .
The day before his death , Bernard appeared “ spiritually poised , ” anti-death penalty activist Sister Helen Prejean said during a livestream on The Appeal , referring to a conversation she had with Bernard .
“ He has been through , I think , so @ @ @ @ @ @ @ did and he was able to talk yesterday about what he ’ s grateful for — of the people who have come to his aid .
”

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The Trump administration executed 40-year-old Brandon Bernard on Thursday, his punishment for acting as an accomplice to a crime when he was 18 years old.
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Bernard was killed by lethal injection at 9:27 p.m. The Supreme Court denied a last-minute stay of execution for Bernard, with Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor dissenting.
“Today, the Court allows the Federal Government to execute Brandon Bernard, despite Bernard’s troubling allegations that the Government secured his death sentence by withholding exculpatory evidence and knowingly eliciting false testimony against him,” Sotomayor wrote in her dissent. “Bernard has never had the opportunity to test the merits of those claims in court. Now he never will.”
Autopsy reports from people who have been executed by lethal injection show that the drug used to kill Bernard likely causes the individual to feel like they are suffocating and being waterboarded as they die.
“Tonight, those of us who love Brandon Bernard — and we are many — are full of righteous anger and deep sadness at the actions of the federal government in taking his life,” Robert Owen, Bernard’s lawyer for the past 20 years, said in a statement.
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“Brandon made one terrible mistake at age 18. But he did not kill anyone, and he never stopped feeling shame and profound remorse for his actions in the crime,” Owen continued. “And he spent the rest of his life sincerely trying to show, as he put it, that he ‘was not that person.’ Brandon showed us that and so much more, carrying himself with grace and generosity, and always treating everyone around him with kindness and respect. He worked to help other troubled kids avoid similar devastating mistakes, and he lived every day his commitment to serving both God and humanity.”
Bernard’s death marked the Trump administration’s ninth execution since the practice resumed in July, during the middle of the coronavirus pandemic, after a 17-year hiatus. It is the second execution since Trump lost the election to Democrat Joe Biden, who has said he will work to end the death penalty.
Trump and his attorney general, William Barr, are trying to push through at least four more killings before Biden’s inauguration — an effort that exposes the extreme arbitrariness of who lives and who dies under the current system. Trump is the first president in 131 years to carry out a federal execution after losing reelection. The people his administration has targeted for death are disproportionately Black.
Since the Trump administration resumed executions in July, coronavirus cases have spiked at the prison in Terre Haute, Indiana, where the killings take place, as well as in surrounding Vigo County. The federal killings involve “execution teams” of roughly 40 Bureau of Prisons staffers, who usually travel in from out of state and work closely with the staff at the federal prison.
Members of the execution team are not required to quarantine when they arrive in Indiana or get tested after the killing. After the execution of Orlando Hall last month, at least eight members of the execution team, as well as the spiritual adviser who performed last rites for Hall, tested positive for COVID-19.
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Carrying out executions during the pandemic puts the people who live and work in and around the prison at an increased risk of contracting the deadly disease. It also puts the friends and family members of the executed — and the executed’s victims or their families — in a difficult situation. In order to bear witness to the killing, they must put their own health at risk.
Owen, Bernard’s lawyer, did not attend the execution because he is in a high-risk group for COVID-19.
Bernard, who is Black, was sentenced to death by a nearly all-white jury in 2000 for his role in a botched car-jacking that ended in the killing of married couple Todd and Stacie Bagley. Bernard was not present when his friends abducted the Bagleys and he was not the one to shoot them dead. Christopher Vialva, the man who shot the Bagleys in the head, was executed in September. Prosecutors claimed Bernard was the one who set the car on fire with the Bagleys inside, although the government’s cooperating witness admitted at trial that he didn’t actually see who lit fire to the car.
At 18 years old, Bernard was just barely legally eligible for the death penalty. The teens who participated in the crime and were under 18 received more lenient sentences, even those who were more culpable than Bernard in the Bagleys’ deaths. Two have completed their 20-year sentences; a third is serving a 35-year sentence.
Like most people who are sentenced to death, Bernard couldn’t afford a high-profile lawyer, so he was represented by a court-appointed lawyer with no federal death penalty experience who failed to challenge the prosecution’s reliance on junk science and questionable forensic evidence.
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Over the years, Bernard and his post-conviction legal team unearthed evidence that several jurors now say would have caused them to make a different decision had the information been presented at trial.
“If the information presented in this report had been presented at trial, I would have made a different decision at sentencing.” - Juror Jason Fuller
Perhaps most critically, Bernard’s post-conviction lawyers hired a medical examiner to review the Bagelys’ autopsy reports and assess the government’s claim that Stacie was still alive after being shot by Vialva. The medical examiner, Stephen Pustilnik, concluded that Stacie was “medically dead” after suffering “an unsurvivable gunshot wound that damaged structures of her brain.”
Pustilnik’s findings meant that Stacie would have died even if the car she was in had not been set on fire — and that she did not suffer while it happened. “If the information presented in this report had been presented at trial, I would have made a different decision at sentencing,” juror Jason Fuller wrote in a 2016 statement.
Bernard’s trial lawyers also failed to call on several people who could have told jurors about Bernard’s traumatic childhood and his expression of remorse immediately after the crime. Instead, jurors heard from self-described “future dangerousness expert” Richard Coons, who testified that anyone involved in a gang outside of prison — as Bernard was — would inevitably join the same gang in prison and become increasingly violent.
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“I’ve read [Coons’] testimony in several cases and it’s always the same. I’ve never read a case where he found that someone was capable of rehabilitation,” said Angela Moore, the former federal prosecutor who defended Bernard’s sentence on appeal but now believes he deserves clemency, in an interview. Texas’ highest criminal court has since found that Coons’ claims are unscientific and unreliable.
In 2018, Bernard’s lawyers discovered that the government had withheld information during his trial that may have helped his case, a form of prosecutorial misconduct known as a Brady violation. Before the trial, a gang expert for the government determined that Bernard occupied the lowest level of the gang he was involved in — a fact that contradicted prosecutors’ efforts to depict Bernard as a high-level, dangerous gang member. Bernard’s post-conviction lawyers only learned about this information because the government disclosed it during a 2018 resentencing hearing for another participant in the crime.
Another juror, Gary McClung Jr., said in an interview that he was uncomfortable sentencing Bernard to death, even at the time of the trial, but he was hesitant to challenge the other jurors.
“During the deliberation, there was a lot of strong feelings about it, which is understandable. And just, I don’t know, I guess in the past I’ve had a kind of a struggle standing up when an opinion is different from mine, just standing on what I really believe,” McClung said. “And I regret that now.”
When Bernard’s lawyers contacted McClung to request a statement for Bernard’s clemency petition, it felt “like it was an answer to a prayer,” he said.
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If Bernard had lived, he planned to seek review of the Brady claim from the Supreme Court. He had an April deadline to do so. In the days before his killing, he asked the courts to delay his execution, in part so that he could have that chance. Every court where he sought relief denied his request.
Bernard’s last meal, delivered to him Wednesday, was meat lover’s pizza and a brownie. He wasn’t sure how pizza from the outside would taste — he hadn’t had it in more than 20 years.
On Thursday, as Bernard waited to see whether the courts or the president would allow him to live, he spoke with his defense team for about three hours. They could hear the fear in his voice and sense that he had lost hope. During the call, they received some potentially positive news, which briefly raised his spirits.
After Bernard was moved to the facility where the execution chamber is, he had another short call with the team. He was quiet and scared. A Bureau of Prisons official ended the call while each person was trying to say their goodbyes and tell him how much they loved and cared about him. They were grateful they had already told him how much they loved him during the earlier call.
An Associated Press reporter who witnessed the execution said Bernard’s last words, directed at the family of the victims, were, “I’m sorry.”
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“That’s the only words that I can say that completely capture how I feel now and how I felt that day,” he said.
In written statements, the victims’ family members thanked Trump for executing Bernard. “Please remember that the lives of family and friends were shattered and we all have grieved for 21 years waiting for justice to finally be served,” Todd’s mother, Georgia A. Bagley, wrote.
Bernard never became bitter about his situation, Owen said in an interview. “He would like to continue to live. And he would like to continue to be part of his family.”
His family could only afford to travel to Indiana about once a year to visit Bernard, but they stayed close. During the visits, they were separated by glass and family members took turns talking to him through a phone. He never got to hug his two daughters, who were born after he was arrested. Even from prison, Bernard found ways to be there for his family.
“I have learned a lot about the consequences of my actions from my father. He is very firm with me about making the right choices, staying out of trouble, keeping away from the wrong crowd, and keeping my grades up. He stresses to me how important those things are and how one bad choice could ruin my life,” Bernard’s daughter Taneah Scott wrote in a declaration for his clemency petition when she was 16.
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“I have never been able to hug my dad, but mentally and emotionally he is there for me as much as possible. It might not seem like much of a relationship, but it is the best one I have and it is important to me.”
The day before his death, Bernard appeared “spiritually poised,” anti-death penalty activist Sister Helen Prejean said during a livestream on The Appeal, referring to a conversation she had with Bernard. “He has been through, I think, so much suffering and remorse for what he did and he was able to talk yesterday about what he’s grateful for — of the people who have come to his aid.”