thenation--2020-05-14--The Supreme Court Has Given Its Blessing to Public Corruption

Nobody will be held to account for the massively corrupt scheme of political retribution known as Bridgegate .
Not former New Jersey governor Chris Christie , whose office ordered the closure of lanes leading to the George Washington Bridge in 2013 to punish the mayor of Fort Lee , Mark Sokolich , after he refused to endorse the governor for reelection .
Not Christie ’ s right-hand man , David Wildstein , who pleaded guilty to avoid serving time .
And not Bridget Anne Kelly or Bill Baroni , the henchmen who orchestrated the lane closures .
That was the @ @ @ @ @ @ @ on May 7 overturning the convictions of Kelly and Baroni , who were the only people ever prosecuted for the scheme .
Now everybody has gotten away with it , and Christie , whose proto-Trumpian pettiness set the stage for the entire corrupt disaster , still gets to keep his gig bloviating for ABC News .
In some respects , I ’ m glad Kelly and Baroni got out of their convictions .
Oh , they ’ re guilty as hell .
Both admitted that their goal was to cause traffic problems in @ @ @ @ @ @ @ preventing first responders from going about their lifesaving duties .
But for those two to go to prison while Wildstein , who masterminded the plot , got off with probation was unfair .
Prosecutors are supposed to flip people to go up the chain of command .
In this case , the prosecutors were so afraid of Christie that they flipped Wildstein to go down and imprison functionaries like Kelly and Baroni .
There would have been no Bridgegate without Christie ’ s blessing or Wildstein ’ s direction .
Since the prosecutors @ @ @ @ @ @ @ that in court , the choice to pick on Christie ’ s underlings was weak and cowardly .
Still , even though I believe the court reached a fair outcome , the way it got there puts another nail in the coffin of our public corruption laws .
The court reasoned that Kelly and Baroni could not be convicted of fraud because there was no property or pecuniary interest at stake .
Essentially , since neither received an envelope marked “ Cash considerations for your corrupt endeavor , ” the Supreme Court threw @ @ @ @ @ @ @ case .
It said that Kelly and Baroni had the regulatory authority to close lanes on the bridge , and even though the court acknowledged that they used that authority for a corrupt purpose , it concluded that the only actions that constitute a crime under the relevant federal laws are the receipt or misuse of money ( or property ) in furtherance of corruption .
That argument should sound familiar .
It ’ s basically the same one Republicans made to defend Donald Trump when he was impeached for attempting to extort @ @ @ @ @ @ @ .
The president had the authority to withhold military aid from Ukraine , Republicans said .
That he did so in exchange for a personal political favor was apparently irrelevant .
While the Republican-controlled Senate is responsible for turning a blind eye to Trump ’ s corruption , conservative and liberal justices appear united in the belief that courts should no longer be in the business of holding government officials to account for violating the public trust .
The Bridgegate case is just the most recent example .
In 2016 the court threw @ @ @ @ @ @ @ Bob McDonnell .
He received money and gifts from wealthy donors in exchange for access , but the court determined that mere access to public officials was not an “ official act ” that could sustain a public corruption charge .
That ruling was also unanimous .
Apparently , government officials need to strut around the Capitol wearing a “ Votes 4 gold ” sandwich board before they can be prosecuted .
Between McDonnell and Bridgegate , the Supreme Court is making clear that it thinks our anti-corruption laws no longer function .
@ @ @ @ @ @ @ , Justice Elena Kagan wrote , “ Not every corrupt act by state or local officials is a federal crime.
” That statement is misleading .
She should have written , “ Not a single corrupt act can be construed as a federal crime anymore because nothing matters , LOL.
” It ’ s almost impossible to imagine what kind of public corruption conviction this Supreme Court would let stand without massive changes to federal statutes .
While the nation ’ s highest court is busy overturning convictions , the rest of the @ @ @ @ @ @ @ that convictions never happen in the first place .
In 2018 the Department of Justice dropped its corruption case against New Jersey Senator Bob Menendez ; like McDonnell , Menendez was accused of taking campaign money in exchange for access .
Then , in 2019 , the Fourth Circuit Court of Appeals ruled that Congress had no standing to sue Trump over his ongoing violations of the emoluments clause in the Constitution .
So that clause becomes another rule the courts have rendered useless .
SCOTUS May Have Just Decided to Exempt Trump @ @ @ @ @ @ @ s an odd time for courts to be vitiating our public corruption laws .
The first family has so many conflicts of interest that merely tracking them is a full-time job .
Earlier this year , US senators got busy dumping stocks based on classified briefings about the novel coronavirus .
And Attorney General William Barr is so slavishly beholden to Trump ’ s personal legal defense that he is refusing to prosecute Michael Flynn , who already pleaded guilty to a crime .
Then again , perhaps we shouldn ’ t be @ @ @ @ @ @ @ court , under the allegedly institutionalist leadership of John Roberts , has refused to adopt any ethical guidelines governing the justices ’ behavior while in office .
Why should they impose ethical strictures on anybody else ?
This country is being looted .
The courts are letting it happen .
So is the Justice Department .
And the president ?
He ’ s leading the charge .
In this fetid context , Kelly and Baroni absolutely deserve their freedom .
The troll under the bridge has just as much a right to make @ @ @ @ @ @ @ anybody else .

This article appears in the June 1/8, 2020 issue.
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Nobody will be held to account for the massively corrupt scheme of political retribution known as Bridgegate. Not former New Jersey governor Chris Christie, whose office ordered the closure of lanes leading to the George Washington Bridge in 2013 to punish the mayor of Fort Lee, Mark Sokolich, after he refused to endorse the governor for reelection. Not Christie’s right-hand man, David Wildstein, who pleaded guilty to avoid serving time. And not Bridget Anne Kelly or Bill Baroni, the henchmen who orchestrated the lane closures.
That was the lesson of the unanimous Supreme Court ruling on May 7 overturning the convictions of Kelly and Baroni, who were the only people ever prosecuted for the scheme. Now everybody has gotten away with it, and Christie, whose proto-Trumpian pettiness set the stage for the entire corrupt disaster, still gets to keep his gig bloviating for ABC News.
In some respects, I’m glad Kelly and Baroni got out of their convictions. Oh, they’re guilty as hell. Both admitted that their goal was to cause traffic problems in Fort Lee, ultimately stranding schoolchildren and preventing first responders from going about their lifesaving duties. But for those two to go to prison while Wildstein, who masterminded the plot, got off with probation was unfair. Prosecutors are supposed to flip people to go up the chain of command. In this case, the prosecutors were so afraid of Christie that they flipped Wildstein to go down and imprison functionaries like Kelly and Baroni. There would have been no Bridgegate without Christie’s blessing or Wildstein’s direction. Since the prosecutors were too yellow-bellied to try to prove that in court, the choice to pick on Christie’s underlings was weak and cowardly.
Still, even though I believe the court reached a fair outcome, the way it got there puts another nail in the coffin of our public corruption laws. The court reasoned that Kelly and Baroni could not be convicted of fraud because there was no property or pecuniary interest at stake. Essentially, since neither received an envelope marked “Cash considerations for your corrupt endeavor,” the Supreme Court threw up its hands and threw out the case. It said that Kelly and Baroni had the regulatory authority to close lanes on the bridge, and even though the court acknowledged that they used that authority for a corrupt purpose, it concluded that the only actions that constitute a crime under the relevant federal laws are the receipt or misuse of money (or property) in furtherance of corruption. Current Issue View our current issue
That argument should sound familiar. It’s basically the same one Republicans made to defend Donald Trump when he was impeached for attempting to extort foreign help to influence the upcoming election. The president had the authority to withhold military aid from Ukraine, Republicans said. That he did so in exchange for a personal political favor was apparently irrelevant. Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann
While the Republican-controlled Senate is responsible for turning a blind eye to Trump’s corruption, conservative and liberal justices appear united in the belief that courts should no longer be in the business of holding government officials to account for violating the public trust. The Bridgegate case is just the most recent example. In 2016 the court threw out a conviction against former Virginia governor Bob McDonnell. He received money and gifts from wealthy donors in exchange for access, but the court determined that mere access to public officials was not an “official act” that could sustain a public corruption charge. That ruling was also unanimous. Apparently, government officials need to strut around the Capitol wearing a “Votes 4 gold” sandwich board before they can be prosecuted.
Between McDonnell and Bridgegate, the Supreme Court is making clear that it thinks our anti-corruption laws no longer function. Speaking for the unanimous court in Bridgegate, Justice Elena Kagan wrote, “Not every corrupt act by state or local officials is a federal crime.” That statement is misleading. She should have written, “Not a single corrupt act can be construed as a federal crime anymore because nothing matters, LOL.” It’s almost impossible to imagine what kind of public corruption conviction this Supreme Court would let stand without massive changes to federal statutes.
While the nation’s highest court is busy overturning convictions, the rest of the justice system is trying to make sure that convictions never happen in the first place. In 2018 the Department of Justice dropped its corruption case against New Jersey Senator Bob Menendez; like McDonnell, Menendez was accused of taking campaign money in exchange for access. Then, in 2019, the Fourth Circuit Court of Appeals ruled that Congress had no standing to sue Trump over his ongoing violations of the emoluments clause in the Constitution. So that clause becomes another rule the courts have rendered useless. More from Mystal SCOTUS May Have Just Decided to Exempt Trump From the Rule of Law Elie Mystal
It’s an odd time for courts to be vitiating our public corruption laws. The first family has so many conflicts of interest that merely tracking them is a full-time job. Earlier this year, US senators got busy dumping stocks based on classified briefings about the novel coronavirus. And Attorney General William Barr is so slavishly beholden to Trump’s personal legal defense that he is refusing to prosecute Michael Flynn, who already pleaded guilty to a crime.
Then again, perhaps we shouldn’t be surprised by the Supreme Court. The court, under the allegedly institutionalist leadership of John Roberts, has refused to adopt any ethical guidelines governing the justices’ behavior while in office. Why should they impose ethical strictures on anybody else?
This country is being looted. The courts are letting it happen. So is the Justice Department. And the president? He’s leading the charge. In this fetid context, Kelly and Baroni absolutely deserve their freedom. The troll under the bridge has just as much a right to make a living in this putrefying kingdom as anybody else.


thenation--2020-05-14--There Is Only One Way to Prevent Mass Deaths in Prisons: Let Them Out

In early April , Christina Korbe started to feel sick .
She lost her appetite and sense of smell , her head and body ached , and she coughed with such convulsive power that at one point , she thought she may have fractured a rib .
When Korbe , 51 , shared her concerns with the medical department at Federal Correctional Institute ( FCI ) , Danbury , a federal prison in Connecticut , officials did not reply as expected .
“ I was given no treatment , ” she wrote in a signed statement .
“ Medical told @ @ @ @ @ @ @ that I was ‘ healthy.
’ ” To help with the pain , Korbe purchased Tylenol from the prison commissary and returned to her living quarters at the FSL , one of three facilities within Danbury .
The FSL is a low-security , dormitory-style building—closer to a barracks than a cell house—that currently houses around 130 women , who share bathrooms , sinks , phones , computers , and showers .
In the days that followed , prison officials did not offer Korbe a test for Covid-19 , nor did they quarantine her @ @ @ @ @ @ @ at the FSL who was ill , either : By mid-April , many women had symptoms consistent with Covid-19 , and at night the sounds of people wheezing and gasping for breath filled Danbury .
These details come from a lawsuit filed in federal court last month that describes how prison officials failed or were slow to enact basic public health measures to curb the spread of the coronavirus .
It documents how prisoners struggled to access items like soap and sanitizer , and alleges that officials put off or ignored urgent medical @ @ @ @ @ @ @ who spoke out .
“ Medical would come around and take slips that we fill out for sick call , but [ would ] never see nobody , ” one recently released prisoner told me .
“ You never got seen .
It was fruitless.
” The prisoner , who has a chronic health condition that puts him at higher risk for Covid-19 , spoke on the condition of anonymity .
He told me that prisoners in his unit tried to take care of one another , but were forced to make masks @ @ @ @ @ @ @ T-shirts to try to protect themselves from infection .
“ We knew there was something going on , but they weren ’ t telling us anything , ” he said .
“ I was just hoping I could make it out in time.
” In some cases , the lawsuit claims that the treatment of prisoners at Danbury went beyond neglect .
Officials collected inaccurate data during temperature checks , and sometimes required individuals with elevated temperatures to drink cold water before being tested again .
One of the petitioners , Kenneth Cassidy @ @ @ @ @ @ @ even when nearly 50 people in his unit appeared to have flu-like symptoms , a social worker told him to “ stop being a hypochondriac… .
there ’ s nothing we can do.
” The same social worker , according to Cassidy , remarked that prisoners were “ fucking children with nothing more than a flu.
” Even as it became clear that hundreds of people at Danbury were at risk from potentially fatal Covid-19 complications , prison officials were reluctant to use the powers granted to them by the CARES Act to @ @ @ @ @ @ @ that law , the Bureau of Prisons is allowed to extend the maximum amount of time a person can spend in home confinement , which is typically capped at no more than six months .
But as of May 4 , just 21 prisoners at Danbury had been released to home confinement , and not a single petition for compassionate release had been approved by warden Diane Easter , although incarcerated people had submitted more than 240 requests , according to documents filed in federal court .
Danbury ’ s officials also failed @ @ @ @ @ @ @ ’ s warning that there were “ significant levels of infection ” at the prison .
On April 3 , Barr ’ s office explicitly told the Bureau of Prisons to “ maximize appropriate transfers to home confinement ” and authorized the agency to transfer incarcerated people to home confinement even in cases where electronic monitoring was unavailable as part of its “ profound obligation to protect the health and safety of all inmates.
” On May 12 , Michael Shea , a federal judge in Connecticut , wrote that conduct by officials @ @ @ @ @ @ @ indifference ” of the prisoners ’ Eighth Amendment rights .
In his order , Shea required that Danbury overhaul its procedures for home confinement and other forms of release so “ that is both far more accelerated and more clearly focused on the critical issues of inmate and public safety.
” He added that the impossibility of social distancing at Danbury meant that incarcerated people remain at great risk of injury .
Danbury is one of many facilities where incarcerated people and their allies have fought to achieve some measure of dignity and @ @ @ @ @ @ @ that has already infected more than 25,000 people living and working in carceral spaces .
Ten of the 15 largest clusters of Covid-19 are in prisons and jails , which have been hotbeds of infection not only because their architecture precludes meaningful social distancing , but also because a growing share of their population is elderly and infirm .
In 2015 , the Bureau of Justice Statistics estimated that about 40 percent of incarcerated people have a chronic health condition and that about 75 percent of those in prison are overweight or obese @ @ @ @ @ @ @ , and cardiovascular problems—conditions that place people at greater risk of suffering complications from Covid-19—have increased among prisoners over the last decade as well .
Class action suits have had mixed success in federal courts to date .
In April , a judge dismissed a suit filed by the American Civil Liberties Union on behalf of incarcerated people at FCI Oakdale , the Louisiana prison that was the site of the Bureau of Prisons ’ first fatal outbreak ; the same day , a different judge ruled favorably in a case brought on @ @ @ @ @ @ @ prison in Ohio , arguing that officials “ fight a losing battle ” to contain Covid-19 in the face of “ shockingly limited available testing and the inability to distance inmates.
” Lawyers from the Department of Justice have consistently moved to dismiss class action cases that would enlarge custody or release incarcerated people at risk from Covid-19 by arguing that federal judges lack the authority to hear them .
In most situations , the argument is not a good one , according to Eric M. Freedman , a law professor at Hofstra @ @ @ @ @ @ @ s leading experts on habeas corpus .
He told me that since 1789 federal courts have been given the right to preserve their jurisdiction in any case that may come before them , a right that is sometimes invoked to halt pending executions .
What ’ s more , he says , “ the whole purpose of habeas corpus is to ensure that there is not a maze of legalistic barbed wire standing between a prisoner and justice.
” But incarcerated people are not the only individuals at Danbury who are at risk @ @ @ @ @ @ @ tests to correctional officers , who must go to their own care providers for evaluation , according to Patrick Wynne , a union representative who has worked at Danbury for almost 14 years .
At first , “ No one knew what to do if they got sick , ” he said .
“ The powers that be…weren ’ t ready for it.
” Wynne told me there was anxiety when reports surfaced of Covid-19 in prisons , and added that while the Bureau of Prisons has distributed various plans to officers , @ @ @ @ @ @ @ up .
PPE remains in short supply , and around 50 staff members at Danbury have contracted the virus , he said .
But because correctional officers may not have sought out treatment or received testing until after they became symptomatic , they may have unwittingly spread Covid-19 within Danbury .
Some officers even came to work despite experiencing symptoms , according to signed statements filed by incarcerated people as part of the lawsuit .
While the Bureau of Prisons has tried to limit contact among those incarcerated , these measures have done @ @ @ @ @ @ @ Shea noted in his order , “ By failing to make meaningful use of her home confinement authority , the Warden [ of Danbury ] has failed to implement what appears to be the sole measure capable of adequately protecting vulnerable inmates…in favor of measures that , even if they were fully and painstakingly implemented , would still leave vulnerable inmates subject to a grave risk to their health.
” Brie Williams , a professor of medicine and the director of the criminal justice and health program at University of California–San Francisco , @ @ @ @ @ @ @ capable of safely isolating more than 10 people in any given unit .
“ It ’ s hard to imagine how you can mitigate risk , realistically , in a congregate living environment if you have more people than that , ” she said .
“ Once the disease enters…it is incredibly efficient and is most likely to affect the vast majority of people.
” For now , Williams said , the objective should be to release as many people , and as quickly , as possible .
She emphasized that decarceration should @ @ @ @ @ @ @ but a public health policy that will save lives .
Unless more people are released , she said , rural and local health systems will likely become severely overburdened .
Fairfield County , where FCI Danbury is located , already has more than 13,000 cases , giving it the highest infection rate of any county in the state .
To help prevent such outbreaks , the ACLU recommends immediate action : According to its estimates , the deaths of 23,000 incarcerated people and 76,000 in the broader community could be prevented by doubling @ @ @ @ @ @ @ most arrests .
“ Everybody can fight later about who comes back , ” Williams says .
“ But right now what we need to do is get people out .
”

EDITOR’S NOTE: The Nation believes that helping readers stay informed about the impact of the coronavirus crisis is a form of public service. For that reason, this article, and all of our coronavirus coverage, is now free. Please subscribe to support our writers and staff, and stay healthy.
In early April, Christina Korbe started to feel sick. She lost her appetite and sense of smell, her head and body ached, and she coughed with such convulsive power that at one point, she thought she may have fractured a rib.
When Korbe, 51, shared her concerns with the medical department at Federal Correctional Institute (FCI), Danbury, a federal prison in Connecticut, officials did not reply as expected. “I was given no treatment,” she wrote in a signed statement. “Medical told me that my vitals were good and that I was ‘healthy.’”
To help with the pain, Korbe purchased Tylenol from the prison commissary and returned to her living quarters at the FSL, one of three facilities within Danbury. The FSL is a low-security, dormitory-style building—closer to a barracks than a cell house—that currently houses around 130 women, who share bathrooms, sinks, phones, computers, and showers.
In the days that followed, prison officials did not offer Korbe a test for Covid-19, nor did they quarantine her. She was not the only person at the FSL who was ill, either: By mid-April, many women had symptoms consistent with Covid-19, and at night the sounds of people wheezing and gasping for breath filled Danbury.
These details come from a lawsuit filed in federal court last month that describes how prison officials failed or were slow to enact basic public health measures to curb the spread of the coronavirus. It documents how prisoners struggled to access items like soap and sanitizer, and alleges that officials put off or ignored urgent medical requests—and then threatened disciplinary action against those who spoke out.
“Medical would come around and take slips that we fill out for sick call, but [would] never see nobody,” one recently released prisoner told me. “You never got seen. It was fruitless.”
The prisoner, who has a chronic health condition that puts him at higher risk for Covid-19, spoke on the condition of anonymity. He told me that prisoners in his unit tried to take care of one another, but were forced to make masks from socks, long johns, and T-shirts to try to protect themselves from infection. “We knew there was something going on, but they weren’t telling us anything,” he said. “I was just hoping I could make it out in time.” Current Issue View our current issue
In some cases, the lawsuit claims that the treatment of prisoners at Danbury went beyond neglect. Officials collected inaccurate data during temperature checks, and sometimes required individuals with elevated temperatures to drink cold water before being tested again. One of the petitioners, Kenneth Cassidy, wrote in a signed statement that even when nearly 50 people in his unit appeared to have flu-like symptoms, a social worker told him to “stop being a hypochondriac…. there’s nothing we can do.” The same social worker, according to Cassidy, remarked that prisoners were “fucking children with nothing more than a flu.” Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann
Even as it became clear that hundreds of people at Danbury were at risk from potentially fatal Covid-19 complications, prison officials were reluctant to use the powers granted to them by the CARES Act to move them to safer conditions. Under that law, the Bureau of Prisons is allowed to extend the maximum amount of time a person can spend in home confinement, which is typically capped at no more than six months. But as of May 4, just 21 prisoners at Danbury had been released to home confinement, and not a single petition for compassionate release had been approved by warden Diane Easter, although incarcerated people had submitted more than 240 requests, according to documents filed in federal court. Related Article The Devastating Emotional Toll of Suspending Prison Visits Karina Piser
Danbury’s officials also failed to sufficiently heed Attorney General William Barr’s warning that there were “significant levels of infection” at the prison. On April 3, Barr’s office explicitly told the Bureau of Prisons to “maximize appropriate transfers to home confinement” and authorized the agency to transfer incarcerated people to home confinement even in cases where electronic monitoring was unavailable as part of its “profound obligation to protect the health and safety of all inmates.”
On May 12, Michael Shea, a federal judge in Connecticut, wrote that conduct by officials at Danbury likely amounted to “deliberate indifference” of the prisoners’ Eighth Amendment rights. In his order, Shea required that Danbury overhaul its procedures for home confinement and other forms of release so “that is both far more accelerated and more clearly focused on the critical issues of inmate and public safety.” He added that the impossibility of social distancing at Danbury meant that incarcerated people remain at great risk of injury.
Danbury is one of many facilities where incarcerated people and their allies have fought to achieve some measure of dignity and safety in the face of a pandemic that has already infected more than 25,000 people living and working in carceral spaces. Ten of the 15 largest clusters of Covid-19 are in prisons and jails, which have been hotbeds of infection not only because their architecture precludes meaningful social distancing, but also because a growing share of their population is elderly and infirm. In 2015, the Bureau of Justice Statistics estimated that about 40 percent of incarcerated people have a chronic health condition and that about 75 percent of those in prison are overweight or obese. The rates of diabetes, hypertension, and cardiovascular problems—conditions that place people at greater risk of suffering complications from Covid-19—have increased among prisoners over the last decade as well.
Class action suits have had mixed success in federal courts to date. In April, a judge dismissed a suit filed by the American Civil Liberties Union on behalf of incarcerated people at FCI Oakdale, the Louisiana prison that was the site of the Bureau of Prisons’ first fatal outbreak; the same day, a different judge ruled favorably in a case brought on behalf of incarcerated people at a federal prison in Ohio, arguing that officials “fight a losing battle” to contain Covid-19 in the face of “shockingly limited available testing and the inability to distance inmates.”
Lawyers from the Department of Justice have consistently moved to dismiss class action cases that would enlarge custody or release incarcerated people at risk from Covid-19 by arguing that federal judges lack the authority to hear them. In most situations, the argument is not a good one, according to Eric M. Freedman, a law professor at Hofstra University and one of the country’s leading experts on habeas corpus. He told me that since 1789 federal courts have been given the right to preserve their jurisdiction in any case that may come before them, a right that is sometimes invoked to halt pending executions. What’s more, he says, “the whole purpose of habeas corpus is to ensure that there is not a maze of legalistic barbed wire standing between a prisoner and justice.”
But incarcerated people are not the only individuals at Danbury who are at risk. Prisons officials have not provided Covid-19 tests to correctional officers, who must go to their own care providers for evaluation, according to Patrick Wynne, a union representative who has worked at Danbury for almost 14 years. At first, “No one knew what to do if they got sick,” he said. “The powers that be…weren’t ready for it.”
Wynne told me there was anxiety when reports surfaced of Covid-19 in prisons, and added that while the Bureau of Prisons has distributed various plans to officers, there were few resources to back them up. PPE remains in short supply, and around 50 staff members at Danbury have contracted the virus, he said. But because correctional officers may not have sought out treatment or received testing until after they became symptomatic, they may have unwittingly spread Covid-19 within Danbury. Some officers even came to work despite experiencing symptoms, according to signed statements filed by incarcerated people as part of the lawsuit.
While the Bureau of Prisons has tried to limit contact among those incarcerated, these measures have done little to contain the disease. As Shea noted in his order, “By failing to make meaningful use of her home confinement authority, the Warden [of Danbury] has failed to implement what appears to be the sole measure capable of adequately protecting vulnerable inmates…in favor of measures that, even if they were fully and painstakingly implemented, would still leave vulnerable inmates subject to a grave risk to their health.”
Brie Williams, a professor of medicine and the director of the criminal justice and health program at University of California–San Francisco, told me that few correctional institutions are capable of safely isolating more than 10 people in any given unit. “It’s hard to imagine how you can mitigate risk, realistically, in a congregate living environment if you have more people than that,” she said. “Once the disease enters…it is incredibly efficient and is most likely to affect the vast majority of people.”
For now, Williams said, the objective should be to release as many people, and as quickly, as possible. She emphasized that decarceration should be regarded as not a political ploy but a public health policy that will save lives. Unless more people are released, she said, rural and local health systems will likely become severely overburdened. Fairfield County, where FCI Danbury is located, already has more than 13,000 cases, giving it the highest infection rate of any county in the state. To help prevent such outbreaks, the ACLU recommends immediate action: According to its estimates, the deaths of 23,000 incarcerated people and 76,000 in the broader community could be prevented by doubling the current rate of release and halting most arrests.
“Everybody can fight later about who comes back,” Williams says. “But right now what we need to do is get people out.”


thenation--2020-05-14--A Progressive Democratic Party is Possible—and Biden Needs It to Win

Joe Biden is not an inspired presidential contender .
He offers , at best , the promise of normalcy in a moment when Donald Trump ’ s surreal approach to campaigning and governing has worn everyone out .
That might be enough to provide Biden with a win in 2020 , as some polls suggest .
But the operative word is “ might.
” The reality that Biden and his partisans must wrestle with is that the former vice president did not become the presumptive nominee of the Democratic Party because of his superior ideas , oratory , or organization @ @ @ @ @ @ @ , a coalescing of centrists , and enthusiastic media cheerleading gave him a boost at precisely the moment when he needed it to pull ahead of Vermont Senator Bernie Sanders .
If Biden has even a modicum of political sense , he has to realize that he got lucky .
And that luck can run out .
Biden needs something more than ritualistic endorsements from Democrats who feel they have no other choice , a home-studio campaign strategy , and the hope that Americans will remember that Trump peddled bleach as an antidote @ @ @ @ @ @ @ political party that is prepared to turn this campaign into a movement .
Biden is not a movement builder .
Neither is the Democratic National Committee as it currently exists .
But the policy task forces announced this week by the Biden and Sanders camps hold out the promise that the party could in this period of social and economic crisis become something that the vast majority of Americans can believe in .
The Labor Department Is Sacrificing Workers on the Altar of ‘ Reopening ’ For that to happen , however , @ @ @ @ @ @ @ out of the way .
That will be hard ; they will want the so-called “ unity task forces ” to be nothing more than window dressing for a campaign that is struggling to appeal to backers of Sanders and to the disenfranchised , disenchanted , and disengaged potential voters who could turn a close contest into a Democratic win .
But a facade of unity , forged in compromise and concession , will not do the job .
Nor will a self-serving nod to the task forces from a candidate who still @ @ @ @ @ @ @ former treasury secretary Larry Summers .
What Democrats require is a coherent agenda , and a campaign , that breaks sufficiently from the old politics to capture the imagination of the American electorate at a time when the coronavirus pandemic and an economic meltdown preclude a return to normal .
The party has to propose a new direction .
And these task forces on the economy , immigration , health care , criminal justice , education , and climate action could do just that .
While each task force is made up of @ @ @ @ @ @ @ most dynamic figures on most of them are progressives .
A climate change task force cochaired by Representative Alexandria Ocasio-Cortez , a Sanders ally who has been the most prominent advocate for a Green New Deal , and former secretary of state John Kerry , a Biden surrogate who has a credible environmental record and who hails AOC ’ s leadership on climate issues , has the potential to act as boldly as is necessary .
The presence of two other Sanders designees on the task force—Center for Rural Enterprise and Environmental Justice @ @ @ @ @ @ @ Varshini Prakash—strengthens the argument that meaningful agenda-setting could actually occur .
“ A year and a half ago , our movement was joined by then Representative-elect Ocasio-Cortez in Nancy Pelosi ’ s office demanding that the Democrats develop a solution at the scale of the climate crisis , ” says Prakash .
“ Now , together , we ’ ll be helping to write the Democratic Platform on climate.
” The emphasis that Prakash and the Sunrise Movement put on “ building our movement and raising our voices loudly for a Green New @ @ @ @ @ @ @ task forces are charged with forging platform language , which is important , but their real duty should be to help frame a campaign that , as Sanders suggests , “ will unify our party in a transformational and progressive direction.
” There ’ s no doubt that Biden—and other Democratic candidates—could benefit from that connection .
That ’ s won ’ t happen if the task forces function merely as extensions of the Biden campaign , however .
That ’ s not how a movement-driven politics works .
Candidates have to embrace @ @ @ @ @ @ @ activists , and then carry the agenda into the fall competition .
While there will be great attention to the climate crisis task force , several of the others also have the potential to move the party and its 2020 campaign in a transformational and progressive direction .
A health care task force is cochaired by Representative Pramila Jayapal , the Congressional Progressive Caucus cochair who has emerged as the leading House advocate for Medicare for All , and it includes Dr. Abdul El-Sayed , the former director of Detroit ’ s Health @ @ @ @ @ @ @ the arguments that Biden will need to move from his tepid approach to health care issues toward the bolder stance advocated by Sanders , Massachusetts Senator Elizabeth Warren , and other Democratic presidential contenders .
The Most Consequential Decision of Biden ’ s 2020 Campaign The same goes for a task force on the economy cochaired by Sara Nelson , the international president of the Association of Flight Attendants , who is an essential advocate for labor rights , and Representative Karen Bass , the Congressional Black Caucus chair and Congressional Progressive Caucus @ @ @ @ @ @ @ of vice presidential prospects .
The committee ’ s potential is enhanced by Jared Bernstein , an Economic Policy Institute veteran who served as deputy chief economist for the Department of Labor under Labor Secretary Robert Reich and as Vice President Biden ’ s chief economist and economic policy adviser , and by Stony Brook University economics professor Stephanie Kelton , an adviser to the 2016 Sanders campaign who served as chief economist for the Democratic minority staff of the Senate Budget Committee and is a savvy critic of austerity .
Task forces @ @ @ @ @ @ @ , new and innovative ideas .
If Biden and his campaign let these groups do their work , and if the presumptive nominee and the party use the agendas that are developed as cues to move in a sufficiently progressive direction , Democrats might again be what they were in the days when Franklin Roosevelt and his New Deal Coalition won overwhelming victories : the dynamic force in our politics and our governance .

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Joe Biden is not an inspired presidential contender. He offers, at best, the promise of normalcy in a moment when Donald Trump’s surreal approach to campaigning and governing has worn everyone out. That might be enough to provide Biden with a win in 2020, as some polls suggest. But the operative word is “might.”
The reality that Biden and his partisans must wrestle with is that the former vice president did not become the presumptive nominee of the Democratic Party because of his superior ideas, oratory, or organization. Rather, a convenient primary schedule, a coalescing of centrists, and enthusiastic media cheerleading gave him a boost at precisely the moment when he needed it to pull ahead of Vermont Senator Bernie Sanders. If Biden has even a modicum of political sense, he has to realize that he got lucky. And that luck can run out.
Biden needs something more than ritualistic endorsements from Democrats who feel they have no other choice, a home-studio campaign strategy, and the hope that Americans will remember that Trump peddled bleach as an antidote to the coronavirus. He needs a political party that is prepared to turn this campaign into a movement.
Biden is not a movement builder. Neither is the Democratic National Committee as it currently exists. But the policy task forces announced this week by the Biden and Sanders camps hold out the promise that the party could in this period of social and economic crisis become something that the vast majority of Americans can believe in. More From John Nichols A GOP Debate Without Trump Is the Definition of Pointlessness August 11, 2023 A Win for Abortion Rights, a Win for Democracy: Ohio Voters Reject Issue 1 August 9, 2023 The Biggest Threat to Donald Trump Could Be the Constitution Itself August 4, 2023
For that to happen, however, Biden and his team need to get out of the way. That will be hard; they will want the so-called “unity task forces” to be nothing more than window dressing for a campaign that is struggling to appeal to backers of Sanders and to the disenfranchised, disenchanted, and disengaged potential voters who could turn a close contest into a Democratic win. But a facade of unity, forged in compromise and concession, will not do the job. Nor will a self-serving nod to the task forces from a candidate who still takes money from billionaires and advice from former treasury secretary Larry Summers.
What Democrats require is a coherent agenda, and a campaign, that breaks sufficiently from the old politics to capture the imagination of the American electorate at a time when the coronavirus pandemic and an economic meltdown preclude a return to normal. The party has to propose a new direction. And these task forces on the economy, immigration, health care, criminal justice, education, and climate action could do just that. While each task force is made up of both Biden and Sanders backers, the most dynamic figures on most of them are progressives. Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann
A climate change task force cochaired by Representative Alexandria Ocasio-Cortez, a Sanders ally who has been the most prominent advocate for a Green New Deal, and former secretary of state John Kerry, a Biden surrogate who has a credible environmental record and who hails AOC’s leadership on climate issues, has the potential to act as boldly as is necessary. The presence of two other Sanders designees on the task force—Center for Rural Enterprise and Environmental Justice founder Catherine Flowers and Sunrise Movement cofounder Varshini Prakash—strengthens the argument that meaningful agenda-setting could actually occur. Current Issue View our current issue
“A year and a half ago, our movement was joined by then Representative-elect Ocasio-Cortez in Nancy Pelosi’s office demanding that the Democrats develop a solution at the scale of the climate crisis,” says Prakash. “Now, together, we’ll be helping to write the Democratic Platform on climate.” The emphasis that Prakash and the Sunrise Movement put on “building our movement and raising our voices loudly for a Green New Deal” is the key.
These task forces are charged with forging platform language, which is important, but their real duty should be to help frame a campaign that, as Sanders suggests, “will unify our party in a transformational and progressive direction.” There’s no doubt that Biden—and other Democratic candidates—could benefit from that connection. That’s won’t happen if the task forces function merely as extensions of the Biden campaign, however. That’s not how a movement-driven politics works. Candidates have to embrace proposals and programs that are developed by activists, and then carry the agenda into the fall competition.
While there will be great attention to the climate crisis task force, several of the others also have the potential to move the party and its 2020 campaign in a transformational and progressive direction. A health care task force is cochaired by Representative Pramila Jayapal, the Congressional Progressive Caucus cochair who has emerged as the leading House advocate for Medicare for All, and it includes Dr. Abdul El-Sayed, the former director of Detroit’s Health Department. It can and must craft the arguments that Biden will need to move from his tepid approach to health care issues toward the bolder stance advocated by Sanders, Massachusetts Senator Elizabeth Warren, and other Democratic presidential contenders. The Race The Most Consequential Decision of Biden’s 2020 Campaign John Nichols
The same goes for a task force on the economy cochaired by Sara Nelson, the international president of the Association of Flight Attendants, who is an essential advocate for labor rights, and Representative Karen Bass, the Congressional Black Caucus chair and Congressional Progressive Caucus member whose name has appeared on lists of vice presidential prospects. The committee’s potential is enhanced by Jared Bernstein, an Economic Policy Institute veteran who served as deputy chief economist for the Department of Labor under Labor Secretary Robert Reich and as Vice President Biden’s chief economist and economic policy adviser, and by Stony Brook University economics professor Stephanie Kelton, an adviser to the 2016 Sanders campaign who served as chief economist for the Democratic minority staff of the Senate Budget Committee and is a savvy critic of austerity.
Task forces are supposed to come up with ideas—ideally, new and innovative ideas. If Biden and his campaign let these groups do their work, and if the presumptive nominee and the party use the agendas that are developed as cues to move in a sufficiently progressive direction, Democrats might again be what they were in the days when Franklin Roosevelt and his New Deal Coalition won overwhelming victories: the dynamic force in our politics and our governance.


thenation--2020-05-15--If They Walk Like Fascists and Talk Like Fascists…

The Signal : We are on a public health , political , and economic precipice .
This week Dr. Anthony Fauci warned Congress that a rush to reopen the economy before the pandemic was under control would make a bad situation worse .
The World Health Organization called , again , for a globally coordinated response to tame Covid-19 .
And Dr. Rick Bright , former head of the Biomedical Advanced Research and Development Authority , warned that if the country didn ’ t soon get a proper handle on the pandemic and coordinate a vast national testing and tracing @ @ @ @ @ @ @ a winter of death unlike anything seen in modern times .
Trump ’ s response : to throw more red meat to his base by calling on Pennsylvania and other blue states to open up for business ; to denigrate Fauci for warning about the dangers of prematurely reopening schools ; to attack , in racially charged language , a Chinese-American journalist for asking him about the inadequacies of America ’ s testing regimen .
This is all just ugly Noise .
None of it will shape an effective strategy to contain the @ @ @ @ @ @ @ fact , this is looking more and more like a strategy of deliberate chaos , perilously similar to fascist accelerationist arguments about how the fear and uncertainty arising from the pandemic has presented a once-in-a-lifetime opportunity to implement a white nationalist , totalitarian vision of American governance .
Let ’ s recap some of this week ’ s developments , each one of which should have made banner headlines and , in normal times , brought vast crowds out in protest , but which in these terrifying days has been largely ignored .
@ @ @ @ @ @ @ Catastrophe Why Are Republicans Stampeding to Reopen ?
First , there was that vapid little princeling Jared Kushner telling Time magazine that he refused to rule out postponing the November election .
That extraordinary statement could have been a trial balloon ; if it was ignored or got positive feedback , Trump could advance the idea .
If it got significant blowback , the administration could deny that Kushner was speaking officially and say that he simply tripped over his words .
Then again , they might not need to postpone the election @ @ @ @ @ @ @ leaders to curtail mail-in voting so much that they make it all but impossible for citizens in densely populated urban neighborhoods to vote in person without risking their lives .
Texas Attorney General Ken Paxton kicked off the strategy by announcing this week that he would seek to bar the Lone Star State ’ s big cities from counting voters ’ fear of Covid-19 as a valid reason for their being allowed to vote by mail .
That adds a new layer of ugliness to the GOP ’ s years-long voter-suppression tactics .
@ @ @ @ @ @ @ and its allies are also trying to force workers back to work , no matter how unsafe those reopenings might be , presumably at least in part because they want to get the Depression-level unemployment numbers down again at any cost .
As a part of this push , several Republican-led states are encouraging employers to report employees who say they are too scared to return to work—not so those workers can then be protected , but so they can subsequently be denied unemployment benefits .
That surely ranks as one of history @ @ @ @ @ @ @ economic data .
And , compounding the horror-show quality of this reopening , the Trump administration and its Senate collaborators continue to push for legal immunity for companies that open up and then see infections spike among workers and customers .
Again , in a normal week , all of this would dominate the headlines .
But it doesn ’ t .
Nor does the news that the administration is reportedly close to turning its “ temporary ” immigration ban and closure of the US land borders with Mexico and Canada into an @ @ @ @ @ @ @ signs such an order later this month , he will be essentially shutting down by diktat the country ’ s entire immigration system , closing it off to asylum seekers and refugees for as long as he and his gangster administration stay in charge .
Such a policy could turn out to be even more extreme than the racist immigration laws of the 1920s , and could isolate the United States from its neighbors and from the broader world to an unprecedented degree .
You can put lipstick on a pig , but @ @ @ @ @ @ @ So , too , you can dress up government-mandated child abuse and human rights violations as emergency public health measures , but it ’ s still government-mandated child abuse and human rights violations .
The shutdown has been so extreme that since March , only two people have been granted asylum after crossing the southern border , while the administration has summarily returned to Mexico more than 20,000 border-crossers since March , including at least 600 children .
Such a lockout is simply unconscionable , and the summary deportations , Human Rights First @ @ @ @ @ @ @ , kidnapping , torture , or murder of more than 1,000 migrants in Mexico and in Central America .
This is the stuff of nightmares , à la Philip K. Dick ’ s The Man in the High Castle .
I weep in shame and fury at what is happening here ; I weep not just at the federal government ’ s monstrous public health failures , but at the sheer cruelty , selfishness , and nativist exclusionism now embraced by those in power .

EDITOR’S NOTE: The Nation believes that helping readers stay informed about the impact of the coronavirus crisis is a form of public service. For that reason, this article, and all of our coronavirus coverage, is now free. Please subscribe to support our writers and staff, and stay healthy.
The Signal: We are on a public health, political, and economic precipice. This week Dr. Anthony Fauci warned Congress that a rush to reopen the economy before the pandemic was under control would make a bad situation worse. The World Health Organization called, again, for a globally coordinated response to tame Covid-19. And Dr. Rick Bright, former head of the Biomedical Advanced Research and Development Authority, warned that if the country didn’t soon get a proper handle on the pandemic and coordinate a vast national testing and tracing effort, the United States would experience a winter of death unlike anything seen in modern times.
Trump’s response: to throw more red meat to his base by calling on Pennsylvania and other blue states to open up for business; to denigrate Fauci for warning about the dangers of prematurely reopening schools; to attack, in racially charged language, a Chinese-American journalist for asking him about the inadequacies of America’s testing regimen.
This is all just ugly Noise. None of it will shape an effective strategy to contain the coronavirus. Quite the opposite. In fact, this is looking more and more like a strategy of deliberate chaos, perilously similar to fascist accelerationist arguments about how the fear and uncertainty arising from the pandemic has presented a once-in-a-lifetime opportunity to implement a white nationalist, totalitarian vision of American governance.
Let’s recap some of this week’s developments, each one of which should have made banner headlines and, in normal times, brought vast crowds out in protest, but which in these terrifying days has been largely ignored. More Signal:Noise Trump and the GOP Are Ignoring Economic Catastrophe Sasha Abramsky Why Are Republicans Stampeding to Reopen? Sasha Abramsky
First, there was that vapid little princeling Jared Kushner telling Time magazine that he refused to rule out postponing the November election. That extraordinary statement could have been a trial balloon; if it was ignored or got positive feedback, Trump could advance the idea. If it got significant blowback, the administration could deny that Kushner was speaking officially and say that he simply tripped over his words.
Then again, they might not need to postpone the election if they can convince enough GOP state leaders to curtail mail-in voting so much that they make it all but impossible for citizens in densely populated urban neighborhoods to vote in person without risking their lives. Texas Attorney General Ken Paxton kicked off the strategy by announcing this week that he would seek to bar the Lone Star State’s big cities from counting voters’ fear of Covid-19 as a valid reason for their being allowed to vote by mail. That adds a new layer of ugliness to the GOP’s years-long voter-suppression tactics. Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann Popular "swipe left below to view more authors"Swipe → The Evisceration of a Public University The Evisceration of a Public University Lisa M. Corrigan The Patronizing Moralism of David Brooks The Patronizing Moralism of David Brooks Chris Lehmann “The Blind Side” Was Always Trash “The Blind Side” Was Always Trash Dave Zirin How the “Brooks Brothers Riot” Set the Stage for Insurrection How the “Brooks Brothers Riot” Set the Stage for Insurrection Chris Lehmann
On the economic front, the administration and its allies are also trying to force workers back to work, no matter how unsafe those reopenings might be, presumably at least in part because they want to get the Depression-level unemployment numbers down again at any cost. Current Issue View our current issue
As a part of this push, several Republican-led states are encouraging employers to report employees who say they are too scared to return to work—not so those workers can then be protected, but so they can subsequently be denied unemployment benefits. That surely ranks as one of history’s most cynical attempts to manipulate economic data. And, compounding the horror-show quality of this reopening, the Trump administration and its Senate collaborators continue to push for legal immunity for companies that open up and then see infections spike among workers and customers.
Again, in a normal week, all of this would dominate the headlines. But it doesn’t. Nor does the news that the administration is reportedly close to turning its “temporary” immigration ban and closure of the US land borders with Mexico and Canada into an indefinite ban and closure. If Trump signs such an order later this month, he will be essentially shutting down by diktat the country’s entire immigration system, closing it off to asylum seekers and refugees for as long as he and his gangster administration stay in charge. Such a policy could turn out to be even more extreme than the racist immigration laws of the 1920s, and could isolate the United States from its neighbors and from the broader world to an unprecedented degree.
You can put lipstick on a pig, but it’s still a pig. So, too, you can dress up government-mandated child abuse and human rights violations as emergency public health measures, but it’s still government-mandated child abuse and human rights violations. The shutdown has been so extreme that since March, only two people have been granted asylum after crossing the southern border, while the administration has summarily returned to Mexico more than 20,000 border-crossers since March, including at least 600 children. Such a lockout is simply unconscionable, and the summary deportations, Human Rights First reports, have led to the rape, kidnapping, torture, or murder of more than 1,000 migrants in Mexico and in Central America.
This is the stuff of nightmares, à la Philip K. Dick’s The Man in the High Castle. I weep in shame and fury at what is happening here; I weep not just at the federal government’s monstrous public health failures, but at the sheer cruelty, selfishness, and nativist exclusionism now embraced by those in power.