usatoday--2020-12-11--Leaked reports: Feds pulled toy police from ports, safety checks plunged in COVID-19

The federal safety inspectors who protect kids from dangerous and deadly toys were not standing guard for nearly six months while this year ’ s holiday gifts entered the U.S. by the shipload .
Princess palaces and playhouses , water guns and tricycles landed on store shelves and front doorsteps without the usual security checks for lead , chemicals or choking hazards .
Government leaders had secretly sent home the nation ’ s toy police .
The Consumer Product Safety Commission pulled its inspectors from ports around the country in mid-March because of the threat of COVID-19 .
Leaders of @ @ @ @ @ @ @ private , without a warning to consumers or full disclosure to Congress , then continued the shutdown at the ports and a government testing laboratory until September , USA TODAY has found .
That included spring and summer months that were their inspectors ’ busiest last year .
The CPSC watchdogs are supposed to intercept bad toys and other household products before they reach the market .
“ Anything that could potentially harm consumers , my job is to stop it here , ” one compliance investigator says in a video posted on @ @ @ @ @ @ @ , three years of internal agency enforcement records and communications obtained by USA TODAY reveal an extraordinary lapse in safety surveillance during the pandemic – one hidden from public view .
The CPSC did not flag a single toy at the ports between June and July for poisonous lead levels , one of the most frequent violations , internal records show .
In August , port inspectors reported their total monthly activity amounted to 47 screenings for all hazards – less than 2 % of a typical month before the pandemic hit .
@ @ @ @ @ @ @ show inspectors still were not working in five of the 18 ports they normally patrol , including major commerce hubs in Chicago , New York and Savannah , Georgia .
As companies funneled more goods into the country ’ s busiest ports every week , the CPSC failed to disclose how few violations it was catching .
After January , it stopped posting that information online , a list updated this week only after requests from USA TODAY .
Records and internal documents show that even after returning to the ports and reopening @ @ @ @ @ @ @ has identified fewer safety violations than usual for serious threats .
Violations that saw a dramatic drop-off this September compared to last include toys with small parts , which can choke toddlers , and children ’ s products with hazardous levels of chemical phthalates .
CPSC inspectors performed half the safety screenings this fiscal year compared to last Shoppers have no way to differentiate good products from any bad items that slipped in .
Experts fear it could take years to discover the dangers allowed into American homes .
Big-name national retailers and @ @ @ @ @ @ @ of shipments during the pandemic .
The retail industry says it does not rely on CPSC to keep consumers safe .
Importers and manufacturers are required to monitor their own products and inform the government when they find hazards .
In an interview with USA TODAY , the CPSC ’ s acting chairman , Robert Adler , said broadcasting its port playbook would have invited companies to exploit the system .
The agency ’ s commissioners had a chance to weigh in on the decision that he said prioritized keeping employees healthy .
@ @ @ @ @ @ @ safety agency asked for help from customs and border patrol agents who remained at the ports , but did not offer specifics .
“ We stopped a fair amount of stuff , ” he said .
“ We didn ’ t stop all of it , but we never stopped all of it.
” CPSC informed Congress , too , Adler said , although some lawmakers say the agency did not disclose the extent to which it had abandoned its port duties .
Democratic Sen. Richard Blumenthal , the ranking member of a @ @ @ @ @ @ @ he was unaware of the CPSC ’ s dormant months until contacted by USA TODAY .
He vowed to hold hearings to demand an explanation .
“ The total lack of inspections is absolutely inexcusable , ” he said , “ especially because of the concealment.
” Meghan DeLong has learned from tragedy how much parents depend on government safeguards .
In 2017 , her two-year-old son , Conner , died after a dresser tipped over on top of him .
She blamed IKEA , the company that made it , which has @ @ @ @ @ @ @ model that fell on Conner .
The Florida mother now fears her 5-year-old and 7-month-old sons face a new risk from their toys .
“ It ’ s actually terrifying , ” she said , “ to know that something being used with our most innocent and vulnerable populations has not been through screening.
” Who are the toy police ?
The CPSC promotes the work of its port investigators , who call themselves the toy police .
The agency normally has 32 port investigators working in a dozen states and Puerto Rico @ @ @ @ @ @ @ and run electronic screeners to detect lead and phthalates above legal limits .
A hollow tube , as thin as a toddler ’ s throat , identifies toy parts small enough to kill .
The CPSC does more than screen toys .
Congress created the agency in 1972 to set and enforce safety standards for everything from cribs to lawn mowers .
Product safety advocates have long called its $ 133 million annual budget too meager to get the job done .
Nearly four in five product recalls involve imported products , the @ @ @ @ @ @ @ .
The CPSC uses spot checks to screen for hazards that wholesalers and retailers are supposed to test for themselves .
The agency tracks risky products , such as those from importers with a history of violations or made in parts of the world with known problems .
During the COVID-19 closures from April to September , the agency issued a fourth of the violations it did during the same period a year earlier .
New lead violations at the ports plummeted from a monthly average of 50 to zero this past spring @ @ @ @ @ @ @ that builds up slowly with repeat exposures .
“ You won ’ t necessarily know that your child has been exposed , ” said Dr. Gary Smith , director of the Center for Injury Research and Policy at Nationwide Children ’ s Hospital in Ohio .
“ We really do depend on the Consumer Product Safety Commission to protect kids.
” CPSC violations in and outside the ports dropped dramatically in 2020 Both CPSC and industry groups point out that these safety measures are not optional , even during a pandemic .
By @ @ @ @ @ @ @ hazardous products back to the federal agency .
“ That never went away , ” Adler said in an interview .
“ We still expected companies to engage in recalls of their products.
” Large wholesale distributors , shipping companies and name brand retailers — including Target , Dollar Tree , Walgreens , Amazon and UPS — were among those who brought in products from overseas while the government watchdogs were away from their posts this year , according to shipping data maintained by the trade research firm Panjiva .
Items imported by @ @ @ @ @ @ @ for violations by CPSC more than once in the past seven years , agency inspection records show .
USA TODAY reached out to 10 name brand companies that have received violations in the past .
Those that responded said their products are safe because they kept screening for the kinds of hazards that CPSC checks .
“ Changes in port staffing have absolutely no impact on Target ’ s product safety standards , ” Target spokeswoman Jenna Reck said in an email .
The Retail Industry Leaders Association , which represents many of @ @ @ @ @ @ @ told USA TODAY the agency did not inform its officials about the pullback .
In recent years , CPSC has most frequently cited companies that are not U.S. household names .
Experts and retail industry officials warn that online retailers use third-party distribution companies that may lack the kind of safety standards consumers expect from brick-and-mortar retailers .
From the spring through early fall , even as the agency ’ s top officials dismissed warnings about sidelining its inspectors , more than 100,000 shipments with toys passed through American ports , rising steadily @ @ @ @ @ @ @ data .
Internal emails and documents show Adler , a Democratic appointee leading the agency , and CPSC Executive Director Mary Boyle knew from the start their decision to implement remote working was risky .
Oversight commissioners were asked to quickly email their feedback .
“ My only concern is moving port staff away – we will have no defense to incoming crap , ” Commissioner Dana Baiocco wrote on March 16 .
After conversations with agency staff , Baiocco emailed a dozen CPSC officials again , saying she was comfortable with the @ @ @ @ @ @ @ I think given the choice , ” she wrote , “ we should take care of our people.
” Commissioner Peter Feldman noted that other federal agencies planned to continue port operations .
He also said he was worried about “ CPSC being blind at the ports.
” In a private call among agency leaders the same day , Feldman pressed CPSC officials for details .
“ I am sensitive to the fact that anything can come in , ” he told them , according to detailed minutes taken from the meeting .
@ @ @ @ @ @ @ agency “ essentially would go dark on targeting and holding shipments , ” explaining it would conduct “ in-depth investigations over the phone.
” “ There will be limitations to that , ” Ray acknowledged , the notes show .
Adler said on the call that nothing seen so far had been very worrisome .
Yet port inspectors had identified significantly more lead violations between January and March 2020 than during the same period the year before , according to the agency ’ s monthly violation logs obtained by USA TODAY .
Based @ @ @ @ @ @ @ months of the year , the CPSC was on track before the pandemic to find almost 200 more port violations for the year – from lead to choking hazards – than it had in 2019 .
Asked about lead hazards that the agency might have missed during the pullout , Alder told USA TODAY that children are more likely to be harmed from toxic paint peeling off walls in older homes , or playing near former chemical dumping grounds .
“ Lead in toys is not the biggest lead hazard to kids by @ @ @ @ @ @ @ that since 2008 , a child product safety law enforced by his agency has set strict limits on lead content in toys .
“ If you were to ask me if that is the biggest hazard of the products that we regulate , I would say not anymore.
” Lead violations found at US ports fell to nearly zero as the pandemic hit Back in March , on the private call with commissioners , the agency ’ s executive director also said she thought problems could be chased later by recalling products , @ @ @ @ @ @ @ not ideal , we can always do things after the fact with recalls even if we can ’ t stop things at the port , ” Boyle said , according to the notes .
Safety advocates say that ’ s a dangerous strategy .
It can take years for the CPSC to identify products harmful enough to recall , and the agency has struggled to inform consumers or get them to return products .
For the year ending in September , the agency recalled nine toys – almost all involving products reaching stores @ @ @ @ @ @ @ are not a good solution ; it ’ s like saying you find something in the autopsy , ” said Nancy Cowles , executive director of Kids in Danger , a nonprofit advocating for children ’ s product safety .
“ It is a little too late to be helpful.
” Consumers have no way of knowing Parents can not be expected to find problems the government has missed .
Lead paint on a child ’ s toy is not visible .
Parents are not equipped to run fire resistance testing on youth @ @ @ @ @ @ @ to trust that products on store shelves marketed for children younger than three years will not choke them .
Should consumers notice any problems , experts say to immediately report them to a CPSC website where such complaints are publicly posted : saferproducts.gov .
Rachel Weintraub , legislative director for the Consumer Federation of America , urged the government to redouble efforts to get back to normal port inspection levels .
She said CPSC also can send field investigators out to check on products that already have reached store shelves .
Children ’ @ @ @ @ @ @ @ worrisome to safety advocates because they often are passed down between siblings , then shared with other families with younger children or resold at thrift stores .
“ Once a product that has lead or phthalates gets into the stream of commerce , it is very difficult to identify a problem , ” Weintraub said .
“ We need to figure out how do we get the numbers back up.
” Weintraub wants the agency to answer to Congress for what happened during its COVID-19 response .
Adler and his chief of staff @ @ @ @ @ @ @ they have kept Congress informed of the agency ’ s activities since the start of the pandemic .
The agency shared with USA TODAY a letter sent to the ranking member of the Senate Commerce , Science and Transportation Committee on March 19 explaining that it had “ implemented policies to direct all telework eligible employees to work from home on a full-time basis.
” However , that did not explicitly state that port employees were pulled .
An internal email sent to staff three days earlier , titled “ Everyone , ” @ @ @ @ @ @ @ working at the ports are instructed to perform all duties from their home worksite.
” Adler told USA TODAY the agency alerted the public with communications such as pop-up notices on its website that recall remedies might not be continuing as usual .
He said the agency must also weigh the harm that could come if companies know its blind spots and take advantage of them .
“ Why would we tell consumers ?
” Adler asked .
It took months for Sen. Jerry Moran , a Republican from Kansas and chairman of @ @ @ @ @ @ @ to learn about the ports slowdown , according to his staff .
And until informed by USA TODAY , his staff did not know the extent of the withdrawal or its impact .
Moran recently co-wrote legislation that would force the agency to study any products that hurt or killed kids , seniors and minorities during the pandemic .
Jan Schakowsky , a Democrat from Illinois who chairs the House consumer protection subcommittee , said her staff was generally aware that the CPSC had scaled back work .
But she said she has @ @ @ @ @ @ @ s explanation of why it kept port investigators away so long .
“ A completely inadequate response , ” she told USA TODAY .
“ CPSC is not doing its job.
” ‘ If they see a loophole , they ’ ll drive a truck through it ’ The CPSC kept its field workers home long after the nation ’ s retail stores had reopened , filled again with shoppers buying products that may have lacked the usual safety checks .
The agency ’ s commissioners had been told it planned to get @ @ @ @ @ @ @ Protection agents still at the ports , according to meeting notes from internal conversations in April .
The CPSC hoped for assistance at seven ports , less than half of those the agency normally services .
The two agencies have worked together for years .
What happened to that plan is unclear .
The CPSC did not respond to questions from USA TODAY about it , but it said border patrol agents helped by sending samples to port staff at their homes .
Field staff did virtual investigations and the agency kept processing @ @ @ @ @ @ @ agency spokesman Joseph Martyak said in a statement .
The border patrol did not respond to information requests from USA TODAY to detail its work with CPSC .
But border patrol operations did not fall off on other fronts during the pandemic .
That agency seized more imported goods overall for the year ending in September than for 2019 , its statistics show .
The agents work with many federal agencies , including those regulating medications and car parts .
Corporate consultants told USA TODAY that the CPSC also called importers during the @ @ @ @ @ @ @ items , a practice long used by the agency to augment its surveillance .
Such remote efforts did not replace the CPSC ’ s typical port surveillance .
In the beginning of the year , CPSC inspectors performed an average of 3,000 monthly screenings at the ports , according to internal agency data .
By May , that number had plummeted to about 100 .
In August , they performed 47 .
The pandemic was a novel test of the agency ’ s command chain and what it means for accountability .
The @ @ @ @ @ @ @ to strict COVID-19 criteria under a plan that also placed Boyle , the executive director , in charge of decisions .
Internal records show that some thought an appointed officer like Adler should have that responsibility .
In a May email chain , Feldman warned Adler against delegating to staff : “ Accountability should rest with a PAS , ” he wrote , referring to presidential appointees requiring Senate confirmation .
“ It would be inappropriate to abdicate these functions.
” The CPSC ’ s leadership responsibilities had shifted quietly in late 2019 @ @ @ @ @ @ @ s predecessor , Ann Marie Buerkle , consolidated agency operations under the executive director , who is not politically appointed , by delegating authority away from the chairman .
Buerkle had been criticized for the agency ’ s lethargic response to several products that caused deaths and grave injuries , from jogging strollers to inclined infant sleepers .
Adler rejected the proposal for the chairman or full commission to decide on the COVID-19 reentry timing .
In doing so , he highlighted the 2019 order , internal emails show .
Feldman urged him @ @ @ @ @ @ @ m sure they ’ re unaware and operating under the assumption that you ’ re running point on COVID response and reentry , ” he said in an email .
It was not until September that Boyle began clearing staff to return to the ports and the lab .
In a statement , Martyak said the agency sent inspectors back to the ports once scarce protective equipment was secured .
Yet care packages the agency mailed out earlier in the summer included cloth face masks and mini sanitizer bottles , emblazoned with the @ @ @ @ @ @ @ TODAY show a note thanking employees “ for the dedication and skill you have shown to support the CPSC mission of protecting American consumers from dangerous consumer products.
” By October , the ports in Los Angeles , which receive almost 40 % of the country ’ s total container imports , were having their busiest months in history .
CPSC regulators were returning to work , yet they still found only 61 violations at the ports , internal documents show .
Most involved minor problems with children ’ s toys , such @ @ @ @ @ @ @ The agency did not issue any violations in September or October for pajamas that can easily catch fire , according to the Regulatory Enforcement Division ’ s monthly logs .
At the start of 2020 , that hazard was flagged repeatedly .
As of this month , the agency remained inactive at five port locations , according to internal records : Chicago , New York City , Savannah , Buffalo , New York , and Norfolk , Virginia .
Rising COVID-19 rates around the country should not force the CPSC to pull back @ @ @ @ @ @ @ , noting that agency now has more masks and other protective gear .
Some experts say the agency , already thin on manpower , could not afford to disappear from the ports .
“ The companies aren ’ t dumb .
They know what ’ s going on , ” Lawrence Hershman , a former CPSC senior compliance officer , told USA TODAY , pointing specifically to little-known companies that are repeat offenders .
“ If they see a loophole , ” he said , “ they ’ ll drive a truck through @ @ @ @ @ @ @ are reporters on the USA TODAY investigations desk .
Contact Letitia at lstein @ usatoday.com , @ LetitiaStein , by phone or Signal at 813-524-0673 and Brett at brett.murphy @ usatoday.com or @ brettMmurphy .

Letitia Stein and Brett Murphy, USA TODAY

Are your kids' Christmas gifts safe? Toys at risk for lead, poison after US stopped inspections amid COVID-19
The federal safety inspectors who protect kids from dangerous and deadly toys were not standing guard for nearly six months while this year’s holiday gifts entered the U.S. by the shipload.
Princess palaces and playhouses, water guns and tricycles landed on store shelves and front doorsteps without the usual security checks for lead, chemicals or choking hazards.
Government leaders had secretly sent home the nation’s toy police.
The Consumer Product Safety Commission pulled its inspectors from ports around the country in mid-March because of the threat of COVID-19. Leaders of the federal agency made the decision in private, without a warning to consumers or full disclosure to Congress, then continued the shutdown at the ports and a government testing laboratory until September, USA TODAY has found. That included spring and summer months that were their inspectors’ busiest last year.
The CPSC watchdogs are supposed to intercept bad toys and other household products before they reach the market. “Anything that could potentially harm consumers, my job is to stop it here,” one compliance investigator says in a video posted on the agency’s website.
Instead, three years of internal agency enforcement records and communications obtained by USA TODAY reveal an extraordinary lapse in safety surveillance during the pandemic – one hidden from public view.
The CPSC did not flag a single toy at the ports between June and July for poisonous lead levels, one of the most frequent violations, internal records show. In August, port inspectors reported their total monthly activity amounted to 47 screenings for all hazards – less than 2% of a typical month before the pandemic hit.
As of this month, the records show inspectors still were not working in five of the 18 ports they normally patrol, including major commerce hubs in Chicago, New York and Savannah, Georgia.
As companies funneled more goods into the country’s busiest ports every week, the CPSC failed to disclose how few violations it was catching. After January, it stopped posting that information online, a list updated this week only after requests from USA TODAY.
Records and internal documents show that even after returning to the ports and reopening its testing laboratory, the CPSC still has identified fewer safety violations than usual for serious threats. Violations that saw a dramatic drop-off this September compared to last include toys with small parts, which can choke toddlers, and children’s products with hazardous levels of chemical phthalates.
CPSC inspectors performed half the safety screenings this fiscal year compared to last
Shoppers have no way to differentiate good products from any bad items that slipped in. Experts fear it could take years to discover the dangers allowed into American homes.
Big-name national retailers and distribution companies have imported tens of thousands of shipments during the pandemic. The retail industry says it does not rely on CPSC to keep consumers safe. Importers and manufacturers are required to monitor their own products and inform the government when they find hazards.
In an interview with USA TODAY, the CPSC’s acting chairman, Robert Adler, said broadcasting its port playbook would have invited companies to exploit the system. The agency’s commissioners had a chance to weigh in on the decision that he said prioritized keeping employees healthy.
Adler noted that the small health and safety agency asked for help from customs and border patrol agents who remained at the ports, but did not offer specifics.
“We stopped a fair amount of stuff,” he said. “We didn’t stop all of it, but we never stopped all of it.”
CPSC informed Congress, too, Adler said, although some lawmakers say the agency did not disclose the extent to which it had abandoned its port duties.
Democratic Sen. Richard Blumenthal, the ranking member of a subcommittee overseeing the consumer agency, said he was unaware of the CPSC’s dormant months until contacted by USA TODAY. He vowed to hold hearings to demand an explanation.
“The total lack of inspections is absolutely inexcusable,” he said, “especially because of the concealment.”
Meghan DeLong has learned from tragedy how much parents depend on government safeguards.
In 2017, her two-year-old son, Conner, died after a dresser tipped over on top of him. She blamed IKEA, the company that made it, which has recalled some faulty dressers but not the model that fell on Conner.
The Florida mother now fears her 5-year-old and 7-month-old sons face a new risk from their toys.
“It’s actually terrifying,” she said, “to know that something being used with our most innocent and vulnerable populations has not been through screening.”
Who are the toy police?
The CPSC promotes the work of its port investigators, who call themselves the toy police.
The agency normally has 32 port investigators working in a dozen states and Puerto Rico, where they crack open shipping containers and run electronic screeners to detect lead and phthalates above legal limits. A hollow tube, as thin as a toddler’s throat, identifies toy parts small enough to kill.
The CPSC does more than screen toys. Congress created the agency in 1972 to set and enforce safety standards for everything from cribs to lawn mowers. Product safety advocates have long called its $133 million annual budget too meager to get the job done.
Nearly four in five product recalls involve imported products, the agency notes in its latest operating plan.
The CPSC uses spot checks to screen for hazards that wholesalers and retailers are supposed to test for themselves. The agency tracks risky products, such as those from importers with a history of violations or made in parts of the world with known problems.
During the COVID-19 closures from April to September, the agency issued a fourth of the violations it did during the same period a year earlier.
New lead violations at the ports plummeted from a monthly average of 50 to zero this past spring. Lead poisoning is a hidden hazard that builds up slowly with repeat exposures.
“You won’t necessarily know that your child has been exposed,” said Dr. Gary Smith, director of the Center for Injury Research and Policy at Nationwide Children’s Hospital in Ohio. “We really do depend on the Consumer Product Safety Commission to protect kids.”
CPSC violations in and outside the ports dropped dramatically in 2020
Both CPSC and industry groups point out that these safety measures are not optional, even during a pandemic. By law, companies are supposed to report hazardous products back to the federal agency.
“That never went away,” Adler said in an interview. “We still expected companies to engage in recalls of their products.”
Large wholesale distributors, shipping companies and name brand retailers — including Target, Dollar Tree, Walgreens, Amazon and UPS — were among those who brought in products from overseas while the government watchdogs were away from their posts this year, according to shipping data maintained by the trade research firm Panjiva.
Items imported by each of those companies have been flagged for violations by CPSC more than once in the past seven years, agency inspection records show.
USA TODAY reached out to 10 name brand companies that have received violations in the past. Those that responded said their products are safe because they kept screening for the kinds of hazards that CPSC checks.
“Changes in port staffing have absolutely no impact on Target’s product safety standards,” Target spokeswoman Jenna Reck said in an email.
The Retail Industry Leaders Association, which represents many of the major stores regulated by CPSC, told USA TODAY the agency did not inform its officials about the pullback.
In recent years, CPSC has most frequently cited companies that are not U.S. household names. Experts and retail industry officials warn that online retailers use third-party distribution companies that may lack the kind of safety standards consumers expect from brick-and-mortar retailers.
A decision made in private
From the spring through early fall, even as the agency’s top officials dismissed warnings about sidelining its inspectors, more than 100,000 shipments with toys passed through American ports, rising steadily each month, according to the Panjiva data.
Internal emails and documents show Adler, a Democratic appointee leading the agency, and CPSC Executive Director Mary Boyle knew from the start their decision to implement remote working was risky.
Oversight commissioners were asked to quickly email their feedback.
“My only concern is moving port staff away – we will have no defense to incoming crap,” Commissioner Dana Baiocco wrote on March 16.
After conversations with agency staff, Baiocco emailed a dozen CPSC officials again, saying she was comfortable with the plans to continue work remotely. “I think given the choice,” she wrote, “we should take care of our people.”
Commissioner Peter Feldman noted that other federal agencies planned to continue port operations. He also said he was worried about “CPSC being blind at the ports.”
In a private call among agency leaders the same day, Feldman pressed CPSC officials for details. “I am sensitive to the fact that anything can come in,” he told them, according to detailed minutes taken from the meeting.
Deputy Executive Director DeWane Ray said the agency “essentially would go dark on targeting and holding shipments,” explaining it would conduct “in-depth investigations over the phone.”
“There will be limitations to that,” Ray acknowledged, the notes show.
Adler said on the call that nothing seen so far had been very worrisome.
Yet port inspectors had identified significantly more lead violations between January and March 2020 than during the same period the year before, according to the agency’s monthly violation logs obtained by USA TODAY.
Based on the pace of the first three months of the year, the CPSC was on track before the pandemic to find almost 200 more port violations for the year – from lead to choking hazards – than it had in 2019.
Asked about lead hazards that the agency might have missed during the pullout, Alder told USA TODAY that children are more likely to be harmed from toxic paint peeling off walls in older homes, or playing near former chemical dumping grounds.
“Lead in toys is not the biggest lead hazard to kids by far,” he said, adding that since 2008, a child product safety law enforced by his agency has set strict limits on lead content in toys. “If you were to ask me if that is the biggest hazard of the products that we regulate, I would say not anymore.”
Lead violations found at US ports fell to nearly zero as the pandemic hit
Back in March, on the private call with commissioners, the agency’s executive director also said she thought problems could be chased later by recalling products, the meeting notes show.
“Although not ideal, we can always do things after the fact with recalls even if we can’t stop things at the port,” Boyle said, according to the notes.
Safety advocates say that’s a dangerous strategy. It can take years for the CPSC to identify products harmful enough to recall, and the agency has struggled to inform consumers or get them to return products. For the year ending in September, the agency recalled nine toys – almost all involving products reaching stores before the COVID-19 stoppages.
“Recalls are not a good solution; it’s like saying you find something in the autopsy,” said Nancy Cowles, executive director of Kids in Danger, a nonprofit advocating for children’s product safety. “It is a little too late to be helpful.”
Consumers have no way of knowing
Parents cannot be expected to find problems the government has missed. Lead paint on a child’s toy is not visible. Parents are not equipped to run fire resistance testing on youth pajamas. And they should be able to trust that products on store shelves marketed for children younger than three years will not choke them.
Should consumers notice any problems, experts say to immediately report them to a CPSC website where such complaints are publicly posted: saferproducts.gov.
Rachel Weintraub, legislative director for the Consumer Federation of America, urged the government to redouble efforts to get back to normal port inspection levels. She said CPSC also can send field investigators out to check on products that already have reached store shelves.
Children’s toys and other items are especially worrisome to safety advocates because they often are passed down between siblings, then shared with other families with younger children or resold at thrift stores.
“Once a product that has lead or phthalates gets into the stream of commerce, it is very difficult to identify a problem,” Weintraub said. “We need to figure out how do we get the numbers back up.”
Weintraub wants the agency to answer to Congress for what happened during its COVID-19 response.
Adler and his chief of staff, Sarah Klein, told USA TODAY they have kept Congress informed of the agency’s activities since the start of the pandemic.
The agency shared with USA TODAY a letter sent to the ranking member of the Senate Commerce, Science and Transportation Committee on March 19 explaining that it had “implemented policies to direct all telework eligible employees to work from home on a full-time basis.” However, that did not explicitly state that port employees were pulled.
An internal email sent to staff three days earlier, titled “Everyone,” was more direct: “CPSC employees working at the ports are instructed to perform all duties from their home worksite.”
Adler told USA TODAY the agency alerted the public with communications such as pop-up notices on its website that recall remedies might not be continuing as usual.
He said the agency must also weigh the harm that could come if companies know its blind spots and take advantage of them.
“Why would we tell consumers?” Adler asked.
It took months for Sen. Jerry Moran, a Republican from Kansas and chairman of the Senate committee that oversees CPSC, to learn about the ports slowdown, according to his staff. And until informed by USA TODAY, his staff did not know the extent of the withdrawal or its impact.
Moran recently co-wrote legislation that would force the agency to study any products that hurt or killed kids, seniors and minorities during the pandemic.
Jan Schakowsky, a Democrat from Illinois who chairs the House consumer protection subcommittee, said her staff was generally aware that the CPSC had scaled back work. But she said she has not been satisfied with the agency’s explanation of why it kept port investigators away so long.
“A completely inadequate response,” she told USA TODAY. “CPSC is not doing its job.”
‘If they see a loophole, they’ll drive a truck through it’
The CPSC kept its field workers home long after the nation’s retail stores had reopened, filled again with shoppers buying products that may have lacked the usual safety checks.
The agency’s commissioners had been told it planned to get work done by enlisting Customs and Border Protection agents still at the ports, according to meeting notes from internal conversations in April. The CPSC hoped for assistance at seven ports, less than half of those the agency normally services. The two agencies have worked together for years.
What happened to that plan is unclear. The CPSC did not respond to questions from USA TODAY about it, but it said border patrol agents helped by sending samples to port staff at their homes. Field staff did virtual investigations and the agency kept processing recalls of products flagged by companies, agency spokesman Joseph Martyak said in a statement.
The border patrol did not respond to information requests from USA TODAY to detail its work with CPSC. But border patrol operations did not fall off on other fronts during the pandemic. That agency seized more imported goods overall for the year ending in September than for 2019, its statistics show. The agents work with many federal agencies, including those regulating medications and car parts.
Corporate consultants told USA TODAY that the CPSC also called importers during the pandemic to ask them to self-report substandard items, a practice long used by the agency to augment its surveillance.
Such remote efforts did not replace the CPSC’s typical port surveillance.
In the beginning of the year, CPSC inspectors performed an average of 3,000 monthly screenings at the ports, according to internal agency data. By May, that number had plummeted to about 100. In August, they performed 47.
The pandemic was a novel test of the agency’s command chain and what it means for accountability.
The agency tied its return to the field to strict COVID-19 criteria under a plan that also placed Boyle, the executive director, in charge of decisions. Internal records show that some thought an appointed officer like Adler should have that responsibility.
In a May email chain, Feldman warned Adler against delegating to staff: “Accountability should rest with a PAS,” he wrote, referring to presidential appointees requiring Senate confirmation. “It would be inappropriate to abdicate these functions.”
The CPSC’s leadership responsibilities had shifted quietly in late 2019. An order signed by Adler’s predecessor, Ann Marie Buerkle, consolidated agency operations under the executive director, who is not politically appointed, by delegating authority away from the chairman.
Buerkle had been criticized for the agency’s lethargic response to several products that caused deaths and grave injuries, from jogging strollers to inclined infant sleepers.
Adler rejected the proposal for the chairman or full commission to decide on the COVID-19 reentry timing. In doing so, he highlighted the 2019 order, internal emails show.
Feldman urged him to inform Congress. “I’m sure they’re unaware and operating under the assumption that you’re running point on COVID response and reentry,” he said in an email.
It was not until September that Boyle began clearing staff to return to the ports and the lab.
In a statement, Martyak said the agency sent inspectors back to the ports once scarce protective equipment was secured.
Yet care packages the agency mailed out earlier in the summer included cloth face masks and mini sanitizer bottles, emblazoned with the CPSC logo. Examples shared with USA TODAY show a note thanking employees “for the dedication and skill you have shown to support the CPSC mission of protecting American consumers from dangerous consumer products.”
By October, the ports in Los Angeles, which receive almost 40% of the country’s total container imports, were having their busiest months in history. CPSC regulators were returning to work, yet they still found only 61 violations at the ports, internal documents show. Most involved minor problems with children’s toys, such as missing paperwork and inadequate labels.
The agency did not issue any violations in September or October for pajamas that can easily catch fire, according to the Regulatory Enforcement Division’s monthly logs. At the start of 2020, that hazard was flagged repeatedly.
As of this month, the agency remained inactive at five port locations, according to internal records: Chicago, New York City, Savannah, Buffalo, New York, and Norfolk, Virginia.
Rising COVID-19 rates around the country should not force the CPSC to pull back from the ports again, Adler said, noting that agency now has more masks and other protective gear.
Some experts say the agency, already thin on manpower, could not afford to disappear from the ports.
“The companies aren’t dumb. They know what’s going on,” Lawrence Hershman, a former CPSC senior compliance officer, told USA TODAY, pointing specifically to little-known companies that are repeat offenders.
“If they see a loophole,” he said, “they’ll drive a truck through it.”
Letitia Stein and Brett Murphy are reporters on the USA TODAY investigations desk. Contact Letitia at lstein@usatoday.com, @LetitiaStein, by phone or Signal at 813-524-0673 and Brett at brett.murphy@usatoday.com or @brettMmurphy.


usatoday--2020-12-11--Here's why inmates should get vaccinated against COVID-19 before the rest of us

Unlimited access to all content on usatoday.com The Daily Briefing , delivered to your inbox daily

Here's why inmates should get vaccinated against COVID-19 before the rest of us Just like front-line workers, prison and jail populations are among the most vulnerable to COVID. And they put surrounding communities at risk.
Show Caption Hide Caption Scott Gottlieb, former FDA head, on vaccines and the tough road ahead. Former FDA Commissioner Scott Gottlieb talks pandemic, vaccines and recovery with USA TODAY's Editorial Board. USA TODAY
With the impending approval of COVID-19 vaccines, the United States will soon have some difficult choices to make about who gets priority for receiving inoculation. Debate among federal and state health officials about vaccine distribution is heating up, and lobbying efforts are intensifying.
Perhaps the most controversial question of priority concerns inmates in American jails and prisons. Given this country's generally unforgiving attitude toward the incarcerated, putting them toward the head of the vaccine line would not be an easy political choice.
Yet there are compelling reasons to do so.
The Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices (ACIP) issued guidelines on Nov. 23 that recognized the distinctive situation for prisons. It listed correctional officers as essential workers who would be among the segment of the population to get the vaccine in the second wave of Phase 1, immediately following health care workers and residents of long-term care facilities. Those guidelines recognized that, like other essential workers, people who work in jails and prisons are "at increased risk and should be given the opportunity to be vaccinated early on."
In line with the ACIP recommendation, the Federal Bureau of Prisons quickly announced that it will give vaccine priority to its prison staff, according to a report by The Associated Press. The bureau already has started working to secure the vaccine. Wardens and prison staff could receive the vaccine within weeks.
But neither the ACIP guidelines nor the Bureau of Prisons said anything about inmates, even though their living conditions can pose even greater risks than conditions in nursing homes and long-term care facilities. This silence raises what a New York Times report called the "chilling prospect" of "another prison outbreak that kills scores of inmates after the only preventive was reserved for staff."
COLUMN: Message to Biden-Harris: Follow through on justice promises. Our brother deserves no less
State and local governments across the country face similar prospects as they decide the fates of jail inmates and prisoners held in state penitentiaries. They, too, are making choices and announcing plans.
The Marshall Project reports that at least six states have decided that inmates and prisoners will be among the earliest vaccine recipients. North Carolina is one of them, treating people who live in close quarters (including migrant farm camps and homeless shelters) equally.
Elsewhere, resistance is emerging. Colorado Gov. Jared Polis, a Democrat, recently announced his opposition to recommendations that his state should follow North Carolina's example. Referring to the distribution of the COVID-19 vaccine, Polis said, "That won't happen. ... There's no way it's going to go to prisoners before it goes to the people who haven't committed any crime. That's obvious." He assured the state's residents that the public health department will deprioritize prisoners when it finalizes its vaccination plan.
His stance won plaudits from people across the state. As one newspaper explained, the vaccine should go to Coloradans "who simply need a vaccination even more. Some of them are teaching school or running our schools ... while others are keeping various federal, state and local public services functional. Police and firefighters of course provide fundamental services we can't do without. ... Prison inmates, by contrast, contribute little to any of that activity. Their lives are on hold. The rest of us do not depend on them."
COLUMN: Cops shouldn't be first at scene in mental health crises. NYC pilot program needed nationwide
The issue in Colorado and elsewhere is whether vaccine distribution should focus on saving the lives of those most at risk or should be based on the contributions of various segments of the population to the general welfare.
Such choices are by no means easy ones.
But the CDC guidelines rightly articulate the principle that priority should be given to saving the lives of those at highest risk. While those guidelines don't recognize it, people confined in the nation's prisons and jails are certainly in the high-risk category.
In fact, the likelihood of getting COVID-19 in prison is 5.5 times higher than for the general population. As of Thursday, nearly 252,000 prisoners had tested positive for the virus.
Some of the worst outbreaks in the USA have been in prisons, such as at California's San Quentin state facility, where the coronavirus infected 75% of the incarcerated population.
Because incarcerated people have higher rates of underlying conditions than the general population, prisoners are also more likely to experience severe complications or death if they contract the virus. Their COVID-19 mortality rates are higher than in the general population.
POLICING THE USA: A look at race, justice, media
The reasons are not hard to find. Many of America's correctional facilities are antiquated and notoriously overcrowded. In California, for example, more than a third of the state's institutions are operating overcapacity. In New York City, inmates sleep 40 people to a room, making social distancing an implausible form of protection.
Sanitation in jails and prisons is frequently poor. In many facilities, the plumbing regularly fails, ventilation is inadequate and food preparation fails to meet minimum standards of safety.
And given the disproportionate number of persons of color serving time in U.S. jails and prisons, delaying vaccine distribution will exacerbate COVID-19's already disparate racial effects.
Life behind bars is hard enough without a deadly virus on the prowl. When COVID-19 strikes, additional restrictions make it even harder. Family visitation is often suspended, as are visits by lawyers. To prevent the spread of the virus, prison authorities order inmates locked down in their cells. Delay in vaccine distribution means that such restrictions and deprivations will continue.
The Supreme Court has long recognized that "when the State takes a person into its custody and holds him there against his will, the Constitution imposes upon it a corresponding duty to assume some responsibility for his safety and general well-being."
What this means is that we have an obligation to attend to the health needs of those whom we incarcerate and cannot treat them as less deserving of disease prevention measures like the COVID-19 vaccine.
Recognizing this obligation, last month the American Medical Association said that people behind bars "should be prioritized in receiving access to safe, effective COVID-19 vaccines in the initial phases of distribution."
Political leaders in Washington, D.C., and across the country need to muster the political courage necessary to heed that wise and humane recommendation.
Austin Sarat is associate provost and associate dean of the faculty and William Nelson Cromwell Professor Jurisprudence and Political Science at Amherst College. He is the co-editor of "Life Without Parole: America's New Death Penalty?" Follow him on Twitter: @ljstprof


usatoday--2020-12-10--Alabama's Nate Oats ponders Coach K's comments: Would he say the same if Duke 'hadn't lost'?

A day after Duke 's Mike Krzyzewski questioned whether college basketball teams should even be playing during a pandemic , Alabama 's Nate Oats on Wednesday offered a counterpoint .
`` I think we 'd have a whole lot more problems if we were n't playing games , '' the Crimson Tide coach said at a press conference .
`` We 100 % should be playing basketball . ''
Since the start of the season on Nov. 25 , nearly 90 % of Division I programs have played at least one game .
However , a number of games have @ @ @ @ @ @ @ an almost daily basis .
Krzyzewski called for a reassessment of the situation `` for the mental health and safety of our players and staff , '' but Oats pushed back on that idea .
`` Humans are n't made to sit alone in isolation for weeks and weeks on end ... A huge part of life for all these guys I 'm coaching is being in the gym playing basketball .
I think their mental health is in a much better spot playing basketball , '' Oats said .
`` And I @ @ @ @ @ @ @ the NCAA has done a really good job making sure that we 're not putting any of them them in danger . ''
In response to a reporter 's question about Krzyzewski 's comments , Oats wondered aloud whether or not Coach K would have felt the same way if he had n't just `` lost two non-conference games at home . ''
Alabama ( 3-1 ) was ranked 25th in the preseason USA TODAY Sports men 's college basketball poll , but dropped out of the top 25 in the most recent @ @

Alabama's Nate Oats ponders Coach K's comments: Would he say the same if Duke 'hadn't lost'?
A day after Duke's Mike Krzyzewski questioned whether college basketball teams should even be playing during a pandemic, Alabama's Nate Oats on Wednesday offered a counterpoint.
"I think we'd have a whole lot more problems if we weren't playing games," the Crimson Tide coach said at a press conference. "We 100% should be playing basketball."
Since the start of the season on Nov. 25, nearly 90% of Division I programs have played at least one game. However, a number of games have been postponed due to coronavirus outbreaks on an almost daily basis.
Krzyzewski called for a reassessment of the situation "for the mental health and safety of our players and staff," but Oats pushed back on that idea.
🔥🔥🔥NATE OATS 🔥🔥🔥
"We 100% should be playing basketball." pic.twitter.com/QoHbML9Lwu — Roger Hoover (@Roger_Hoover) December 10, 2020
"Humans aren't made to sit alone in isolation for weeks and weeks on end ... A huge part of life for all these guys I'm coaching is being in the gym playing basketball. I think their mental health is in a much better spot playing basketball," Oats said. "And I think the school, the SEC and the NCAA has done a really good job making sure that we're not putting any of them them in danger."
In response to a reporter's question about Krzyzewski's comments, Oats wondered aloud whether or not Coach K would have felt the same way if he hadn't just "lost two non-conference games at home."
Alabama (3-1) was ranked 25th in the preseason USA TODAY Sports men's college basketball poll, but dropped out of the top 25 in the most recent release.


usatoday--2020-12-11--The Backstory: Will the COVID-19 vaccine be required? Any side effects? Will I have to pay for it? A

I 'm USA TODAY editor-in-chief Nicole Carroll , and this is The Backstory , insights into our biggest stories of the week .
If you 'd like to get The Backstory in your inbox every week , sign up here .
States soon will start rolling out the COVID-19 vaccine .
And you have questions .
More than 2,000 of you have written to us in the past two weeks .
Among what you 've asked the most : Will Americans be required to get vaccinated ?
`` For some , the short answer is yes , '' wrote reporter @ @ @ @ @ @ @ not likely to come from the government .
`` Instead , employers and states may condition return or access to workplaces , schools and colleges upon getting the vaccine and mandate it once the FDA issues full approval , potentially months later . ''
President-elect Joe Biden told reporters Friday that he would not mandate vaccines .
`` But I would do everything in my power – just like I do n't think masks have to be made mandatory nationwide – I 'll do everything in my power as president of the United @ @ @ @ @ @ @ right thing , '' Biden said .
Arthur Caplan , a professor of bioethics at the New York University Grossman School of Medicine , told Hauck : `` It 's much more likely that a private organization or company will require you to be vaccinated to get certain access to places . ''
Two vaccines are expected to ship soon .
Authorization for the vaccine from Pfizer and German startup BioNTech is imminent ; the Moderna vaccine goes for authorization next week .
Other top questions , Hauck said : `` Is the @ @ @ @ @ @ @ ?
Will insurance cover it ?
Does the booster shot have to be from the same manufacturer ?
Will we get it every year like the flu shot ?
Many readers also ask questions about whether the vaccine will be safe for people with specific health conditions – anything from heart conditions to soy allergies . ''
Our health reporters have spent this week researching your questions .
Here are just some of the answers : • Yes , it is safe .
The approval process for vaccines is stringent and heavily reviewed @ @ @ @ @ @ @ 53-page report summarizing data from Pfizer/BioNTech 's COVID-19 candidate vaccine trial .
`` The data supports earlier findings that the vaccine is safe and will prevent 95 % of people from becoming sick with COVID-19 , '' wrote patient safety reporter Karen Weintraub .
• What are potential side effects ?
All three vaccine makers have reported mild to moderate reactions , including pain at injection site , fatigue and sore muscles and joints .
Doctors say this is normal .
• The vaccine itself will be free , but health care providers @ @ @ @ @ @ @ , which can be paid for by insurance or a government relief fund .
• The vaccines require two doses , and they must be from the same manufacturer , as the composition and timing of vaccines differ .
• It is not known if you can still get sick or spread the virus to others after you 've been vaccinated .
However , the vaccines are at least 95 % effective .
It 's not known yet how long the vaccination lasts .
• The vaccines were n't tested on children , @ @ @ @ @ @ @ vaccinated at first .
But college students are eligible , and colleges are debating whether they will , or when they will , be required .
• Vaccines were n't tested on pregnant women , either .
So the effectiveness and impact are n't yet known .
`` Experts are still debating when vaccines should in general be tested on those who are pregnant , '' Hauck reported .
`` Historically , major vaccines have not been tested during pregnancy because of concerns that both the pregnant person and fetus would be at @ @ @ @ @ @ @ you 've already had COVID-19 , experts still suggest you get vaccinated , as it 's not known if or when you could get reinfected .
Experts will watch closely for any adverse reactions as the vaccine rolls out .
Those vaccinated can download smartphone apps that will prompt them to report how they 're feeling .
Those first in line also may get follow-up texts , emails and phone calls .
All information will be reported to the CDC .
Health systems , as well , will be combing medical records for @ @ @ @ @ @ @ long-term care residents are first up for the vaccine .
Other details will be determined by where you live .
How do we know ?
We researched the vaccine roll-out plans for all 50 states .
Here 's what we found .
The White House has promised to get the vaccine to all 50 states , the District of Columbia and five U.S. territories within 24 hours of FDA authorization .
Some states are handling logistics with their own staffs ; others have requested National Guard help .
Some publish maps of where @ @ @ @ @ @ @ others keep it a secret .
`` Who will get the vaccine first is pretty set , generally frontline healthcare workers and people in long-term care facilities , '' health writer Elizabeth Weise reported .
`` But because there won ’ t be enough vaccine to go around at the beginning , states are divvying up within those groups differently . ''
For example , in Kentucky , two-thirds of the supply will go to residents and workers in long-term care centers ; the rest goes to workers in hospital COVID-19 units .
@ @ @ @ @ @ @ Tennessee prioritizes health care workers 65 and older .
And there is continuing confusion over exactly how many doses each state will get , and when they will arrive .
`` It really shows how decentralized the U.S. public health system is , '' Weise said .
`` Now we 'll see if that works well , because they know local conditions better than the feds , or if the wheels come off . ''
So there is much we know .
Much we are learning .
And then there are the misinformation @ @ @ @ @ @ @ from the United Kingdom , Margaret Keenan , became the first person to get Pfizer 's COVID-19 vaccine this week .
Immediately , social media posts swirled that she was dead , did n't exist or was part of a microchip conspiracy .
Staff writers Jessica Guynn and Aleszu Bajak investigated one false claim that said Keenan was actually a crisis actor and found that within 24 hours , it had been seen by more than 475,000 people .
This week , Guynn reported , Facebook took down at least nine pages that @ @ @ @ @ @ @ claims about the coronavirus , the flu vaccine and other health issues .
She talked to Gabby Brauner , 25 , who is in a dual program studying to be a medical doctor and to get a master ’ s in public health at Stony Brook University .
`` I ’ ve unfortunately been seeing a lot of vaccine misinformation .
It ’ s really easy to fall prey to , especially with social media , '' she said .
`` An account can seem legitimate but actually be anti-vaxx posting lies , @ @ @ @ @ @ @ '' Brauner has become an unofficial misinformation first responder , taking it upon herself to reassure those who are worried about the COVID-19 vaccine being safe .
Two people recently asked her if the vaccine leads to infertility in women .
( It does n't . )
`` I try to provide information in a gentle way , and I always tell them I ’ m open to talking about it more , '' she said .
`` I think it ’ s important to meet people where they are .
We have @ @ @ @ @ @ @ ’ re coming from and not judge them for believing these things . ''
I think that 's good advice for all of us .
Meet people where they are .
Listen to the questions ( ask them here ) .
Research the answers .
Provide facts .
Share truth .
So far , more than 2,000 of you have written to us , trusting us to do just that .
Backstory : Why do people deny the seriousness of COVID-19 ?
I asked them .
Here 's what they said .
Backstory @ @ @ @ @ @ @ people who think COVID-19 is no worse than the flu Nicole Carroll is the editor-in-chief of USA TODAY .
Reach her at EIC @ usatoday.com or follow her on Twitter here .
Thank you for supporting our journalism .
You can subscribe to our print edition , ad-free experience or electronic newspaper replica here .

The Backstory: Will the COVID-19 vaccine be required? Any side effects? Will I have to pay for it? Answers to your most-asked questions.
Show Caption Hide Caption How the new RNA technology is used to create the COVID-19 vaccines The COVID-19 vaccine is using new technology that has never been used before in traditional vaccines. Here's how an mRNA vaccine works. Just the FAQs, USA TODAY
I'm USA TODAY editor-in-chief Nicole Carroll, and this is The Backstory, insights into our biggest stories of the week. If you'd like to get The Backstory in your inbox every week, sign up here.
States soon will start rolling out the COVID-19 vaccine. And you have questions. More than 2,000 of you have written to us in the past two weeks. Among what you've asked the most: Will Americans be required to get vaccinated?
"For some, the short answer is yes," wrote reporter Grace Hauck. But a mandate is not likely to come from the government. "Instead, employers and states may condition return or access to workplaces, schools and colleges upon getting the vaccine and mandate it once the FDA issues full approval, potentially months later."
President-elect Joe Biden told reporters Friday that he would not mandate vaccines.
"But I would do everything in my power – just like I don't think masks have to be made mandatory nationwide – I'll do everything in my power as president of the United States to encourage people to do the right thing," Biden said.
Arthur Caplan, a professor of bioethics at the New York University Grossman School of Medicine, told Hauck: "It's much more likely that a private organization or company will require you to be vaccinated to get certain access to places."
Two vaccines are expected to ship soon. Authorization for the vaccine from Pfizer and German startup BioNTech is imminent; the Moderna vaccine goes for authorization next week.
Other top questions, Hauck said: "Is the vaccine safe? Are there side effects? Will insurance cover it? Does the booster shot have to be from the same manufacturer? Will we get it every year like the flu shot? Many readers also ask questions about whether the vaccine will be safe for people with specific health conditions – anything from heart conditions to soy allergies."
Our health reporters have spent this week researching your questions. Here are just some of the answers:
Experts will watch closely for any adverse reactions as the vaccine rolls out. Those vaccinated can download smartphone apps that will prompt them to report how they're feeling. Those first in line also may get follow-up texts, emails and phone calls. All information will be reported to the CDC. Health systems, as well, will be combing medical records for any problematic patterns.
Healthcare workers and long-term care residents are first up for the vaccine. Other details will be determined by where you live. How do we know? We researched the vaccine roll-out plans for all 50 states. Here's what we found.
The White House has promised to get the vaccine to all 50 states, the District of Columbia and five U.S. territories within 24 hours of FDA authorization.
Some states are handling logistics with their own staffs; others have requested National Guard help. Some publish maps of where the vaccine is being stored, and others keep it a secret.
"Who will get the vaccine first is pretty set, generally frontline healthcare workers and people in long-term care facilities," health writer Elizabeth Weise reported. "But because there won’t be enough vaccine to go around at the beginning, states are divvying up within those groups differently."
For example, in Kentucky, two-thirds of the supply will go to residents and workers in long-term care centers; the rest goes to workers in hospital COVID-19 units. Hospital chaplains go first in Indiana. Tennessee prioritizes health care workers 65 and older.
And there is continuing confusion over exactly how many doses each state will get, and when they will arrive.
"It really shows how decentralized the U.S. public health system is," Weise said. "Now we'll see if that works well, because they know local conditions better than the feds, or if the wheels come off."
So there is much we know. Much we are learning. And then there are the misinformation campaigns. Already.
A 90-year-old grandmother from the United Kingdom, Margaret Keenan, became the first person to get Pfizer's COVID-19 vaccine this week. Immediately, social media posts swirled that she was dead, didn't exist or was part of a microchip conspiracy.
Staff writers Jessica Guynn and Aleszu Bajak investigated one false claim that said Keenan was actually a crisis actor and found that within 24 hours, it had been seen by more than 475,000 people.
This week, Guynn reported, Facebook took down at least nine pages that were funneling millions of followers to unfounded claims about the coronavirus, the flu vaccine and other health issues.
She talked to Gabby Brauner, 25, who is in a dual program studying to be a medical doctor and to get a master’s in public health at Stony Brook University.
"I’ve unfortunately been seeing a lot of vaccine misinformation. It’s really easy to fall prey to, especially with social media," she said. "An account can seem legitimate but actually be anti-vaxx posting lies, and it is hard to know."
Brauner has become an unofficial misinformation first responder, taking it upon herself to reassure those who are worried about the COVID-19 vaccine being safe. Two people recently asked her if the vaccine leads to infertility in women. (It doesn't.)
"I try to provide information in a gentle way, and I always tell them I’m open to talking about it more," she said. "I think it’s important to meet people where they are. We have to show that we understand where they’re coming from and not judge them for believing these things."
I think that's good advice for all of us. Meet people where they are. Listen to the questions (ask them here). Research the answers. Provide facts. Share truth.
So far, more than 2,000 of you have written to us, trusting us to do just that.
Backstory: Why do people deny the seriousness of COVID-19? I asked them. Here's what they said.
Backstory: Anthony Fauci has had it with people who think COVID-19 is no worse than the flu
Nicole Carroll is the editor-in-chief of USA TODAY. Reach her at EIC@usatoday.com or follow her on Twitter here. Thank you for supporting our journalism. You can subscribe to our print edition, ad-free experience or electronic newspaper replica here.


usatoday--2020-12-11--'Let's do it again': In Georgia Senate race, Black, Latino, Asian and Native American activists hope

Deborah Barfield Berry and Kaanita Iyer, USA TODAY

'Let's do it again': In Georgia Senate race, Black, Latino, Asian and Native American activists hope to pull off another win
Show Caption Hide Caption New voter registrations could make the difference in Georgia runoffs | States of America Could the U.S. Senate runoff elections in Georgia be decided by voters who weren't registered on Election Day in November, but will be for the runoff? States of America, USA TODAY
With only weeks until runoffs in two crucial U.S. Senate races, organizers in Georgia are ramping up efforts to get voters of color to the polls, visiting small businesses, setting up information tables outside supermarkets and handing out brochures in different languages aimed at engaging Black, Latino, Asian and Native American neighborhoods.
Activists hope to replicate their efforts from the November presidential election, when Black voters were a critical voting bloc in helping Democrat Joe Biden defeat President Donald Trump and turn the state blue for the first time in 28 years. The Jan. 5 runoffs will decide whether Republicans or Democrats take control of the U.S. Senate amid a historic recession and pandemic.
Republican incumbent Sens. Kelly Loeffler and David Perdue are facing challenges from the Rev. Raphael Warnock and John Ossoff, respectively. The runoff was triggered after none of the candidates were able to meet the state-required threshold of 50% of the votes on Election Day.
Helen Butler, executive director of the Georgia Coalition for the People's Agenda, said her nonpartisan civic engagement group plans to deploy teams to canvass communities and urge voters to return to the polls.
“People know they've got to use their power,’’ Butler said. “We've got to do it again.”
Dissatisfaction with the Trump administration and his supporters in the state government has driven up interest among voters of color, said organizers and political experts.
“The current president has really motivated some of them,” said Adrienne Jones, a political scientist at Morehouse College in Atlanta. “I mean, there’s voter suppression and people do not want to be suppressed. They’re clear about it and informed so they get out there.”
Organizers aim to energize voters of color again
Georgia is not usually considered a battleground state. The run-off elections mean voters are inundated with political ads from national parties, candidates and interest groups. All this comes on the heels of a hard-fought general election and months of civil unrest over racial injustice.
“We have to also battle what I would call a little bit of election fatigue,’’ said Felicia Davis, convener for Georgia’s Clayton County Black Women’s Roundtable, part of a national coalition of groups promoting civic engagement.
Organizers and lawmakers said virtual and social media campaigns along with traditional canvassing will be key to successful get-out-the-vote efforts.
In the months leading up to Election Day in November, groups targeting Black voters relied mostly on virtual efforts, including phone banks, texting and social media. Much of the effort was focused on urban centers like Atlanta.
Jared Sawyer, Jr., coordinator for Black Youth Vote in Georgia, said since last month’s election his group has expanded its efforts outside Atlanta and into smaller cities and suburban and rural areas. Building on its virtual outreach, the organization plans to turn to youth pastors and young leaders, distribute pledge cards and canvas communities. It will also host a virtual gospel concert Sunday.
About 30,000 young people in Georgia will turn 18 between Nov. 3 and Jan. 5, Sawyer said.
“We're going to lift up the spirits of young people and get people my age and around that age just excited about the fact that we can do it again, that we can show up, that we can show out,’’ said Sawyer, 23.
Beyond phone banks and texting, Butler’s group also plans to host candidate forums.
“We're going to make sure that people know the candidates,’’ said Butler, a long-time activist.
On Saturday, Black Voters Matter, a voter engagement group, will kick off its statewide, “Let’s Do It Again” bus tour, starting in Macon. The group is credited with helping drive out Black voters in Georgia last month and in battlegrounds like Pennsylvania.
“We are nearing the finish line,’’ said LaTosha Brown, a co-founder of the group. “Black voters saved the November elections. Let’s do it again.”
U.S. Rep. Bennie Thompson, a Democrat from Mississippi, said providing resources to grassroots groups will be critical. He noted the work of Stacey Abram’s group Fair Fight Action in Georgia and its successful get-out-the-vote effort.
Abrams, a Democrat who narrowly lost her bid for governor in 2018, founded the voting rights organization. The group is one of several, including Black Voters Matter, credited with helping turn out Black voters Nov. 3.
“That model has afforded Joe Biden a victory. What you do is take that same model and use it in this runoff,’’ Thompson said.
U.S. Rep. James Clyburn, a Democrat from South Carolina and the highest-ranking Black lawmaker in Congress, said it will be “an uphill’’ battle for Democratic candidates in Georgia.
Clyburn said Biden’s win in November is “the only reason I got any hope.”
The state Democratic party has coalition leaders who are building relationships with communities of color and providing them with support where needed, such as hosting in-language phone banks for the Asian American and Latino community, said Maggie Chambers, the state party’s communications director.
“We owe them an incredible debt for this work and ongoing momentum,” she said.
The state Republican party did not respond to requests to comment.
These grassroots, minority-led voting efforts attest to a “New South” and its impact, said Jones, of Morehouse. She pointed to newly-engaged voters of color working alongside progressive white voters, including those who have recently moved to the state from more Democratic-leaning areas.
Georgia is on track to become a majority-minority state by 2030. In 2019, white people made up 52% of the state population, Black residents comprised 32% and Latinos made up 10%, according to the Census.
“It’s not just this year that’s going to make a difference,” Jones said. “We’ve got the entire future before us. If the state is going to remain blue, people are going to have to remain motivated without coming off a presidency like the one that we’re leaving now.”
Some groups follow the lead of Black organizers
Many activists of color said they have been inspired by the efforts of Black organizers to get out the Black vote.
E Lim, program director of the Asian American Advocacy Fund, a nonprofit progressive political organization, called Black organizers the group’s “movement ancestors.”
Lim said fellow Black organizers have “gotten us super, super far.’’
“It’s our turn to show up in that one way where we can actually pull us over the top finally,” Lim said. “We have to deliver the win with them.”
Hector Sanchez Barba, head of Mi Familia Vota, a national civic engagement group sending 50 organizers to Georgia to help energize Latino voters, said organizers have campaigned in urban centers, but also in communities where there are meat packing companies and warehouses, where many Latinos work. He said most Latinos in Georgia are of Mexican descent and about 15% are Puerto Rican.
“Everything that we do is culturally competent in English and in Spanish,’’ Sanchez said.
Leading up to the runoffs, Mi Familia Vota has invested $250,000 in get-out-the-vote efforts and plans to help raise a total of $600,000 for the campaign. It will also team with local groups, including Latino Community Fund of Georgia and The Georgia Association of Latino Elected Officials (GALEO).
Earlier this month, the groups registered more than 1,000 voters in large part by setting up information tables at supermarkets and canvassing, Sanchez said. They hope to knock on 40,000 doors by Jan. 5.
"People are eager,'' he said. "When we go to the doors they just have so many questions. And we have record numbers of people opening the door - just because they have been ignored."
Other campaigns are also aimed at turning out Puerto Rican voters. Ahead of the Senate elections, Fair Fight, Abram's group, and Voto Latino, a grassroots political group, have been targeting young Latinos and Black voters, including with public service announcements in Spanish and English featuring La Borinqueña, a Puerto Rican comic book superhero.
“We will march to the polls for this runoff election,” the character says in the ad. “Our vote is our power.”
The Asian American Advocacy Fund has largely relied on its bilingual — or in some cases, trilingual — volunteers to get out the Asian American vote.
There are 495,467 Asian Americans and Pacific Islanders in Georgia, up 138% from 2000, the Asian American Advocacy Fund found. Within AAPI communities, the organization also found that 80% do not speak English at home. Asian Americans are largely concentrated in the metro-Atlanta area, especially Gwinnett County, which has the largest AAPI population in the state.
The group has been able to match up volunteers based on their language skills to areas where specific ethnic groups largely live, Lim said. For example, AAAF volunteers who speak Vietnamese will canvas in Lilburn, a city in southern Gwinnett County with a significant Vietnamese population, and those who speak Korean will do so in northern parts of the county, where many Korean Americans reside, Lim said.
“A lot of these people are just like, ‘OK, well, we just voted so why are we voting again? Did something not work?’” Lim said. “So it’s just like a lot of confusion that we actually just have to break down for people, which is why it’s so important for us to have as much language materials as we have.”
Volunteers also tapped into social media behaviors of various Asian communities to spread information. The group concluded that South Asians use Whatsapp, Vietnamese people use Facebook, the Chinese community use WeChat and Koreans use KakaoTalk.
Anjali Enjeti, co-founder of the Georgia chapter of They See Blue, an organization focused on mobilizing Democratic South Asian voters, said she has seen confusion about whether there was voter fraud in the November election, as well as about how to vote.
The organization has shared information about polling locations and candidates’ positions in English and eight South Asian languages in WhatsApp groups.
The group has also set up information tables outside South Asian businesses, phone banked, provided materials to principals of high schools with a large South Asian student population and hand wrote about 33,000 postcards.
OJ Semans, co-executive director of Four Directions, a nonpartisan Native American voting rights organization, said outreach to Native American voters has been “almost non-existent” by either party.
Four Directions has sent volunteers to Native American communities to knock on about 700 doors a day.
There are more than 100,000 Native Americans of voting age in Georgia, according to Four Directions, but the state’s database shows only 14,624 Native Americans are registered to vote. The organization notes, however, that numbers may be skewed due to some Native Americans choosing not to self-identify as Native American.
“The reason that white people are able to turnout always at a higher percentage than people of color is the fact that they don’t have to face the same barriers that people of color have to face,” Semans said.
Semans and Healy pointed to barriers including voter ID laws, inconvenient polling locations and transportation challenges.
Four Directions is also working with various tribes to develop a questionnaire for the Senate candidates and organize a town hall.
“Natives, as long as they know they have an issue that will be heard, are going to be turning out,” Semans said. “They have their brothers and sisters throughout the United States now reaching out to them saying, ‘Take part in this...We started the flame, continue the fire.”


usatoday--2020-12-11--COVID-19 sends Army-Navy football game to West Point for only seventh on-campus meeting

COVID-19 sends Army-Navy football game to West Point for only seventh on-campus meeting
Show Caption Hide Caption 'Unifying moment': ESPN's Sage Steele explains why Army-Navy is greatest rivalry in sports SportsPulse: ESPN's Sage Steele explains what makes the Army-Navy game the greatest rivalry in sports and why it's one of the last unifying moments we have left in our country. SportsPulse, USA TODAY
The game continues amid the pandemic: Army and Navy will meet Saturday for the 121st time, remaining as planned while other rivalries — including Ohio State and Michigan, originally set for Saturday — became casualties of COVID-19.
There are no secrets between Army and Navy, two programs tied by tradition, bonds between coaches, offensive styles and the neutral-site affair that typically stands alone as the only game played on the final weekend of the regular season.
That won't be the case in 2020. With the season extending deeper into December than ever before, Army-Navy is just one of 38 games set for Saturday (a random regular-season Saturday last year had 58 games).
“It is the Army-Navy game and (under) very unprecedented circumstances this year, but it’s really just another football game, fundamentally and scheme-wise," said Army offensive lineman Connor Finucane.
Another two changes to the traditional rhythm and routine of the series seem to favor the Black Knights, making this the rivalry's first installment in generations to be simultaneously influenced by factors such as home-field advantage and the time each team has to prepare.
Both teams have had schedules made and remade to meet the pandemic. Navy had three conference games in a row canceled or postponed to open November and went nearly an entire month, from Halloween until Nov. 28, without playing a game. Army had one game canceled, against Brigham Young on Oct. 19, and had to move the rivalry with Air Force, the last leg in the Commander-in-Chief's Trophy, from Nov. 7 to Dec. 19.
Two of the Midshipmen's postponed conference games were rescheduled for the past two weeks: Navy lost 10-7 to Tulsa on Nov. 28 and lost 19-6 to Memphis last Saturday, sending the program on a four-game losing streak for just the third time in coach Ken Niumatalolo's 13 seasons. Meanwhile, Army has not played since Nov. 21.
President Donald Trump is scheduled to attend the game.
Army and Navy would head into the rivalry under normal conditions with two weeks to prepare, with one caveat: Should Navy reach the American Athletic Conference championship game, as the Midshipmen did in 2016, that game would be held during the traditional off week leading into the rivalry.
"The first time we didn’t have a bye is when the streak broke," Niumatalolo told USA TODAY Sports, referring to Army's 21-17 win in 2016 that snapped Navy's 14-game winning streak in the series. "I realized then, like, you know what? You need that time to prepare. It helps you.
"Having time to prepare for an opponent is definitely an advantage. You can look at all the film. That’s your one opponent; you’re not worried about other teams. But I've also come to the conclusion that we’re in a league, we made that decision. We were happy to be in that championship game."
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Navy butted into a similar situation with this year's game against Air Force, a 40-7 loss that saw the Midshipmen held under 100 yards rushing for the first time in four seasons. While Navy's third game, the rivalry matchup was the Air Force season opener, leading Niumatalolo to groan, "Where else in the country would you play for something of value and everybody's schedules are not the same?"
Saturday's game was supposed to be played in Philadelphia, which has hosted six of the past eight games and 89 meetings overall, including in every year from 1945-82. However, due to state restrictions on occupancy at outdoor events that would have prevented the entire Corps of Cadets and Brigade of Midshipmen from being in attendance, the two academies decided to move the game to West Point, New York, by virtue of the Black Knights being designated the "home team" in this year's matchup.
The rivalry hasn't been played at Michie Stadium since 1943, during the heyday of service academy dominance in football, and has been held in West Point or Annapolis, Maryland, just six times in the 120-year history of the series. Four of those meetings came from 1890-93.
“At first, I was disappointed. I didn’t really want to go up there,” said Navy cornerback Cameron Kinley. “Then I thought about the opportunity we have in front of us as a team. To travel up to West Point for the first time since World War II and beat them on their home field and in their own stadium, it doesn’t get much better than that.”
It won't be a traditional away game for the Midshipmen. Attendance will be set for roughly 9,000 spectators, a quarter of the stadium's 38,000-seat capacity, and split evenly between Cadets and Midshipmen. (The game typically draws upward of 70,000 at venues such as Philadelphia's Lincoln Financial Field.)
There are still obvious advantages in being the home team, from the seemingly mundane – access to a larger locker room, for example, or the ability to stay on campus while Navy travels north – to the less definable mental edge that may come with playing in a friendlier environment.
“Being played (at West Point) doesn’t make it any less exciting for us and I’m certain for (Navy),’’ Army coach Jeff Monken said.
It might not matter. Army is 7-2 and fresh off a 28-27 win against Georgia Southern, the team's best victory of the season. The Black Knights have made four appearances in the Amway Coaches Poll, rising as high as No. 22 in Week 10. Now 3-6 with losses to opponents with a combined record of 34-13, Navy will finish with a losing record for the third time since 2003.
Yet in a rivalry often settled by single possessions and even individual plays – seven of the past nine meetings have been decided by seven or fewer points, with Navy holding a 4-3 edge in those games – even a subtle advantage could be enough to tilt the balance toward the Black Knights.
"We’re excited about the opportunity to play it here and play on our home field and dress in our home locker room and all those things, but once the game starts, it's the Army-Navy game and there aren’t advantages outside of the lines," Monken said.
"The advantages you gain, you have to gain by executing the fundamentals, your assignments and playing better. That's the challenge because it's a big game, it’s emotional, and so I just hope we're going to play well.’’


usatoday--2020-12-11--'He was such a reformed person': Kim Kardashian mourns Brandon Bernard's execution

Kim Kardashian is mourning Brandon Bernard , who was executed Thursday despite a flurry of last-minute appeals filed by his lawyers .
Bernard was pronounced dead at 9:27 p.m. , the Associated Press reported .
`` I ’ m so messed up right now , '' Kardashian shared on Twitter .
`` They killed Brandon .
He was such a reformed person .
So hopeful and positive until the end .
More importantly he is sorry , so sorry for the hurt and pain he has caused others . ''
The reality star also shared Bernard 's final message for @ @ @ @ @ @ @ injection .
`` As he was in the chair his attorney called me and they just had their last call and said this , '' she wrote .
`` Brandon said he loves you and wants to say thank you again .
He said he doesn ’ t feel too claustrophobic in the chair . ''
According to Kardashian , Bernard , who was convicted for crimes related to a double murder and robbery in Texas in 1999 , was a lover of classical music and a `` master at crochet , '' @ @ @ @ @ @ @ just saw his cell they would think it was a grandmas cell . ''
She also shared a piece of advice that Bernard wanted to impart on young people : Do n't get involved `` with the wrong crowd . ''
`` I could go on and on about what an amazing person Brandon was , '' she added .
`` I do know he left this earth feeling supported and loved and at peace .
This just has to change : our system is so ( expletive ) up . ''
In @ @ @ @ @ @ @ execution , Kardashian , who has been vocal in her advocacy for criminal justice reform , urged her followers to tweet at President Donald Trump to halt the execution .
`` 1 hour until Brandon Bernard will be executed , '' Kardashian wrote earlier Thursday .
`` It ’ s # HumanRightsDay and here in the United States we are executing someone who was 18 at the time of the crime , was not the shooter and has rehabilitated himself .
So shameful . ''
According to court documents , Bernard was not @ @ @ @ @ @ @ led to the brutal deaths of Todd and Stacie Bagley on the Fort Hood military base in Killeen , Texas .
Christopher Vialva , an accomplice , shot both victims in the head .
Bernard later lit their vehicle on fire while the Bagleys were still inside it .
An autopsy revealed Todd Bagley was killed by a gunshot wound , but Stacie Bagley 's cause of death was smoke inhalation .
Vialva and Bernard were both sentenced to death , and Vialva was executed by lethal injection on Sept. 24 .
Bernard @ @ @ @ @ @ @ team in his trial withheld an expert witness who attested to Bernard 's low position in the hierarchy of his local gang that committed the crime .
In his order on Tuesday , Judge James Sweeney of the U.S. District Court of the Southern District of Indiana wrote that the expert witness 's contribution was n't compelling enough to challenge the jurors ' death sentence conviction .
Though Kardashian noted she `` can empathize and feel pain for the victims and their families , '' she added that `` killing Brandon will not @ @ @ @ @ @ @ believe in my heart of hearts killing him isn ’ t right , '' she wrote .
`` What Brandon did was wrong , but killing him won ’ t make things right . ''
Kardashian also shared details of her last phone call with Bernard on the day of his execution , describing it as the `` hardest call I ’ ve ever had . ''
`` When he told me he ’ s claustrophobic and they offered to give him a shot of Sedative to calm him down before they put @ @ @ @ @ @ @ didn ’ t want to panic , I literally lost it , '' she wrote .
`` I had to mute my phone so he wouldn ’ t hear me cry like that . ''
By the end of their call , Kardashian said she and Bernard were trying to remain hopeful .
`` We didn ’ t say goodbye bc we wanted to be hopeful that we would talk again , '' she wrote .
`` we said talk to you soon ! ''
Bernard 's execution makes him the ninth federal @ @ @ @ @ @ @ administration ended a 17-year hiatus on federal executions earlier in 2020 , pending further appeals .
Bernard 's lawyers appealed Sweeney 's decision to the U.S. 7th Circuit Court of Appeals on Tuesday .
They also submitted papers to the U.S. Supreme Court this week requesting that the justices halt Bernard 's execution .
Both courts denied the requests Thursday .
Last week , they presented their case to the Department of Justice ’ s Office of the Pardon Attorney and requested that Trump commute Bernard 's sentence to life in prison .
@ @ @ @ @ @ @ were four arguments .
One , that in the original plan Bernard was only a “ getaway driver , '' according to Rob Owen , one of Bernard 's lawyers .
Two , that a former warden from the federal Bureau of Prisons said Bernard should be commuted because of his good conduct during his 20 years in prison .
And three , that five of the nine jurors who handed Bernard his death sentence have since come forward to say that they regret the original verdict .
Federal judge denies request to @ @ @ @ @ @ @ for Thursday Four of the jurors asked that Bernard ’ s sentence be commuted to life in prison , while the fifth juror said they would not object to Bernard ’ s sentence being commuted , said Owen .
Owen also said that the decision by the prosecuting team to withhold an expert witness had an outsized impact on the verdict , because it would have contradicted with other testimony that described the gang as having no real leadership .
Disney+ : Streaming service will load up on new Marvel , 'Star Wars @ @ @ @ @ @ @ his order on Tuesday that Bernard 's team presented a strong case that evidence was withheld during Bernard 's original trial .
But he said that this evidence did n't overcome the facts of the case .
`` Rather than taking into consideration hierarchy in general , the sentence reflects the actual conduct in this case , '' wrote Sweeney .
`` Namely , the jury recommended a life sentence for Mr. Bernard where the murder of Mr. Bagley was directly attributable not to Mr. Bernard but to the bullet fired by Mr. @ @ @ @ @ @ @ death sentence for Mr. Bernard only where the murder of Mrs. Bagley was attributable , at least in part , to smoke she inhaled from the fire directly set by Mr .
Bernard . ''
Kim Kardashian visits White House , thanks Trump for commuting sentences of 'three really deserving women '

Charles Trepany and Johnny Magdaleno, USA TODAY NETWORK

'He was such a reformed person': Kim Kardashian mourns Brandon Bernard's execution
Show Caption Hide Caption Kim Kardashian comments on husband Kanye West's bipolar disorder Kim Kardashian calls for "compassion and empathy" after husband Kanye Wast's recent comments, stating he struggles with bipolar disorder. Entertain This!, USA TODAY
Kim Kardashian is mourning Brandon Bernard, who was executed Thursday despite a flurry of last-minute appeals filed by his lawyers.
Bernard was pronounced dead at 9:27 p.m., the Associated Press reported.
"I’m so messed up right now," Kardashian shared on Twitter. "They killed Brandon. He was such a reformed person. So hopeful and positive until the end. More importantly he is sorry, so sorry for the hurt and pain he has caused others."
The reality star also shared Bernard's final message for her, as he was awaiting lethal injection.
"As he was in the chair his attorney called me and they just had their last call and said this," she wrote. "Brandon said he loves you and wants to say thank you again. He said he doesn’t feel too claustrophobic in the chair."
According to Kardashian, Bernard, who was convicted for crimes related to a double murder and robbery in Texas in 1999, was a lover of classical music and a "master at crochet," who often joked that "if someone just saw his cell they would think it was a grandmas cell." She also shared a piece of advice that Bernard wanted to impart on young people: Don't get involved "with the wrong crowd."
🕊🕊🕊
🕊🕊🕊
I’m so messed up right now.
They killed Brandon.
He was such a reformed person. So hopeful and positive until the end. More importantly he is sorry, so sorry for the hurt and pain he has caused others. — Kim Kardashian West (@KimKardashian) December 11, 2020
"I could go on and on about what an amazing person Brandon was," she added. "I do know he left this earth feeling supported and loved and at peace. This just has to change: our system is so (expletive) up."
In the hours leading up to Bernard's execution, Kardashian, who has been vocal in her advocacy for criminal justice reform, urged her followers to tweet at President Donald Trump to halt the execution.
On Tuesday, a federal judge denied a request to halt Bernard's execution.
"1 hour until Brandon Bernard will be executed," Kardashian wrote earlier Thursday. "It’s #HumanRightsDay and here in the United States we are executing someone who was 18 at the time of the crime, was not the shooter and has rehabilitated himself. So shameful."
1 hour until Brandon Bernard will be executed. It’s #HumanRightsDay and here in the United States we are executing someone who was 18 at the time of the crime, was not the shooter and has rehabilitated himself. So shameful. 💔 — Kim Kardashian West (@KimKardashian) December 10, 2020
According to court documents, Bernard was not an architect of the robbery plan that led to the brutal deaths of Todd and Stacie Bagley on the Fort Hood military base in Killeen, Texas. Christopher Vialva, an accomplice, shot both victims in the head. Bernard later lit their vehicle on fire while the Bagleys were still inside it.
An autopsy revealed Todd Bagley was killed by a gunshot wound, but Stacie Bagley's cause of death was smoke inhalation. Vialva and Bernard were both sentenced to death, and Vialva was executed by lethal injection on Sept. 24.
Bernard's lawyers had argued that the prosecuting team in his trial withheld an expert witness who attested to Bernard's low position in the hierarchy of his local gang that committed the crime. In his order on Tuesday, Judge James Sweeney of the U.S. District Court of the Southern District of Indiana wrote that the expert witness's contribution wasn't compelling enough to challenge the jurors' death sentence conviction.
Though Kardashian noted she "can empathize and feel pain for the victims and their families," she added that "killing Brandon will not bring them back."
"I believe in my heart of hearts killing him isn’t right," she wrote. "What Brandon did was wrong, but killing him won’t make things right."
I stand by what I have always said, I can empathize and feel pain for the victims and their families. Killing Brandon will not bring them back and I believe in my heart of hearts killing him isn’t right. What Brandon did was wrong, but killing him won’t make things right. — Kim Kardashian West (@KimKardashian) December 10, 2020
Kardashian also shared details of her last phone call with Bernard on the day of his execution, describing it as the "hardest call I’ve ever had."
"When he told me he’s claustrophobic and they offered to give him a shot of Sedative to calm him down before they put him in the chair and he just didn’t want to panic, I literally lost it," she wrote. "I had to mute my phone so he wouldn’t hear me cry like that."
By the end of their call, Kardashian said she and Bernard were trying to remain hopeful.
"We didn’t say goodbye bc we wanted to be hopeful that we would talk again," she wrote. "we said talk to you soon!"
Bernard's execution makes him the ninth federal prisoner to be executed after the Trump administration ended a 17-year hiatus on federal executions earlier in 2020, pending further appeals.
When he told me he’s claustrophobic and they offered to give him a shot of Sedative to calm him down before they put him in the chair and he just didn’t want to panic, I literally lost it. I had to mute my phone so he wouldn’t hear me cry like that 😭 — Kim Kardashian West (@KimKardashian) December 10, 2020
Bernard's lawyers appealed Sweeney's decision to the U.S. 7th Circuit Court of Appeals on Tuesday. They also submitted papers to the U.S. Supreme Court this week requesting that the justices halt Bernard's execution. Both courts denied the requests Thursday.
Last week, they presented their case to the Department of Justice’s Office of the Pardon Attorney and requested that Trump commute Bernard's sentence to life in prison.
At the heart of the defense case were four arguments. One, that in the original plan Bernard was only a “getaway driver," according to Rob Owen, one of Bernard's lawyers. Two, that a former warden from the federal Bureau of Prisons said Bernard should be commuted because of his good conduct during his 20 years in prison. And three, that five of the nine jurors who handed Bernard his death sentence have since come forward to say that they regret the original verdict.
Federal judge denies request to halt the execution of Brandon Bernard scheduled for Thursday
Four of the jurors asked that Bernard’s sentence be commuted to life in prison, while the fifth juror said they would not object to Bernard’s sentence being commuted, said Owen.
Owen also said that the decision by the prosecuting team to withhold an expert witness had an outsized impact on the verdict, because it would have contradicted with other testimony that described the gang as having no real leadership.
Disney+: Streaming service will load up on new Marvel, 'Star Wars' and Pixar series
Sweeney acknowledged in his order on Tuesday that Bernard's team presented a strong case that evidence was withheld during Bernard's original trial. But he said that this evidence didn't overcome the facts of the case.
"Rather than taking into consideration hierarchy in general, the sentence reflects the actual conduct in this case," wrote Sweeney. "Namely, the jury recommended a life sentence for Mr. Bernard where the murder of Mr. Bagley was directly attributable not to Mr. Bernard but to the bullet fired by Mr. Vialva, and the jury recommended a death sentence for Mr. Bernard only where the murder of Mrs. Bagley was attributable, at least in part, to smoke she inhaled from the fire directly set by Mr. Bernard."
Kim Kardashian visits White House, thanks Trump for commuting sentences of 'three really deserving women'