talkingpointsmemo--2020-03-05--The Trump Coronavirus Team Keeps Falsely Blaming Obama For Testing Disaster

At a White House Coronavirus Task Force meeting Wednesday , President Donald Trump presented a bold — and completely false — attempt to blame former President Barack Obama for the current lack of testing capacity for coronavirus , which public health officials have said for weeks is leaving them in the dark as to the true nature of the virus ’ threat .
“ The Obama administration made a decision on testing that turned out to be very detrimental to what we ’ re doing , ” Trump said .
“ And we undid that decision a few days ago @ @ @ @ @ @ @ in a much more rapid and accurate fashion.
” Later , when someone asked for clarification , Vice President Mike Pence attempted his own version of the claim .
“ The last administration asserted FDA jurisdiction over testing , and the development of tests like this .
And , Bob , the President changed that on Saturday , ” Pence said , passing the mic to Centers for Disease Control Director Robert Redfield .
“ In the past , we used to be able to have laboratories that could develop what we call @ @ @ @ @ @ @ able to apply them for clinical purposes .
And in the previous administration that became regulated , ” the director said .
And on Thursday , yet another administration official — Health Secretary Alex Azar — exerted his own effort trying to back Trump up .
“ Since the Obama administration , if you are developing a clinical lab test like this , as CDC did , you need to go FDA and get approval , and emergency use authorization , to send this test out , ” Azar said .
“ What @ @ @ @ @ @ @ you are a certified clinical lab able to handle high-complexity tests [ … ] you may develop your own test , and you do not have to wait for us to approve it for you to start using it in patients.
” If something sounds a little funny about blaming the Obama administration for the Trump administration ’ s testing problems , you ’ re not alone .
“ I was very confused by what President Trump said , ” said Rachel Sachs , an associate professor of law at Washington University in @ @ @ @ @ @ @ , food and drug regulation , and health law .
Redford ’ s comment , Sachs said , “ still made no sense to me.
” The reason it didn ’ t make sense , Sachs and others say , is that Obama didn ’ t implement the rules in question .
Rather , it ’ s a George W. Bush-era law that dates back to the anthrax scare of the early aughts , as Missouri School of Law professor Erika Lietzan wrote in the blog Objective Intent .
In short , when @ @ @ @ @ @ @ emergency , laboratories that typically develop their own tests ( literally , “ Laboratory-Developed Tests ” or LDTs ) face a higher bar for “ emergency use authorization , ” or EUAs , than they normally deal with from the FDA .
There ’ s much debate on the extent to which these lab tests should be regulated , but in the context of coronavirus — when the CDC ’ s own tests were impacted by glitchy results and slow manufacturing — public health officials urged the FDA to let labs like the @ @ @ @ @ @ @ their own LDTs , in order to expand testing capacity .
On Saturday , FDA Commissioner Stephen Hahn did just that , allowing scientists to use their own tests before receiving emergency approval rather than waiting for the CDC ’ s tests to reach them .
Asked why University of Washington scientists hadn ’ t used their own tests until the past couple of days , the virologist leading the team for the university made no mention of Obama .
“ We weren ’ t authorized to perform testing until Saturday , ” @ @ @ @ @ @ @ did consider , for a few years , instituting new regulations that would have placed more scrutiny on LDTs .
But the proposal never actually went into effect and the FDA abandoned the effort in 2016 .
“ The FDA never completed that process , ” Ana K. Stankovic , a biotech consultant who previously worked at the CDC and medical device giant Becton Dickinson , told TPM .
“ There was never a decision that Laboratory Developed Tests will undergo FDA approval.
” “ It ’ s possible someone conflated the relationship @ @ @ @ @ @ @ draft guidance , but it ’ s not something the Obama administration did , ” Sachs said .
“ The EUA legislation predates the Obama administration.
” “ It seems like there ’ s been a lot of disorganization and lack of coordination on the federal level for quite some time , ” she added .

At a White House Coronavirus Task Force meeting Wednesday, President Donald Trump presented a bold — and completely false — attempt to blame former President Barack Obama for the current lack of testing capacity for coronavirus, which public health officials have said for weeks is leaving them in the dark as to the true nature of the virus’ threat.
“The Obama administration made a decision on testing that turned out to be very detrimental to what we’re doing,” Trump said. “And we undid that decision a few days ago so that the testing can take place in a much more rapid and accurate fashion.”
Later, when someone asked for clarification, Vice President Mike Pence attempted his own version of the claim. “The last administration asserted FDA jurisdiction over testing, and the development of tests like this. And, Bob, the President changed that on Saturday,” Pence said, passing the mic to Centers for Disease Control Director Robert Redfield.
“In the past, we used to be able to have laboratories that could develop what we call ‘Laboratory Developed Tests’ and be able to apply them for clinical purposes. And in the previous administration that became regulated,” the director said.
And on Thursday, yet another administration official — Health Secretary Alex Azar — exerted his own effort trying to back Trump up.
“Since the Obama administration, if you are developing a clinical lab test like this, as CDC did, you need to go FDA and get approval, and emergency use authorization, to send this test out,” Azar said. “What we said on Saturday is that if you are a certified clinical lab able to handle high-complexity tests […] you may develop your own test, and you do not have to wait for us to approve it for you to start using it in patients.”
If something sounds a little funny about blaming the Obama administration for the Trump administration’s testing problems, you’re not alone.
“I was very confused by what President Trump said,” said Rachel Sachs, an associate professor of law at Washington University in St. Louis specializing in intellectual property law, food and drug regulation, and health law.
Redford’s comment, Sachs said, “still made no sense to me.”
The reason it didn’t make sense, Sachs and others say, is that Obama didn’t implement the rules in question. Rather, they’re spelled out in a George W. Bush-era law that dates back to the anthrax scare of the early aughts, as Missouri School of Law professor Erika Lietzan wrote in the blog Objective Intent.
In short, when the Health secretary declares a public health emergency, laboratories that typically develop their own tests (literally, “Laboratory-Developed Tests” or LDTs) face a higher bar for “emergency use authorization,” or EUAs, than they normally deal with from the FDA.
There’s much debate on the extent to which these lab tests should be regulated, but in the context of coronavirus — when the CDC’s own tests were impacted by glitchy results and slow manufacturing — public health officials urged the FDA to let labs like the one at the University of Washington use their own LDTs, in order to expand testing capacity.
On Saturday, FDA Commissioner Stephen Hahn did just that, allowing scientists to use their own tests before receiving emergency approval rather than waiting for the CDC’s tests to reach them.
Asked why University of Washington scientists hadn’t used their own tests until the past couple of days, the virologist leading the team for the university made no mention of Obama.
“We weren’t authorized to perform testing until Saturday,” he said.
The Obama administration FDA did consider, for a few years, instituting new regulations that would have placed more scrutiny on LDTs. But the proposal never actually went into effect and the FDA abandoned the effort in 2016.
“The FDA never completed that process,” Ana K. Stankovic, a biotech consultant who previously worked at the CDC and medical device giant Becton Dickinson, told TPM. “There was never a decision that Laboratory Developed Tests will undergo FDA approval.”
“It’s possible someone conflated the relationship between the EUA and LDTs with that draft guidance, but it’s not something the Obama administration did,” Sachs said. “The EUA legislation predates the Obama administration.”
“It seems like there’s been a lot of disorganization and lack of coordination on the federal level for quite some time,” she added.


talkingpointsmemo--2020-03-05--Judge Bashes Barr’s Rollout Of Mueller Report As He Orders Private Review Of Its Redactions

A federal judge said Thursday that Attorney General Bill Barr ’ s “ lack of candor ” about special counsel Robert Mueller ’ s findings — in representations of Mueller ’ s report that “ distorted ” its conclusions — had prompted the judge to decide to review an unredacted version of the report behind closed doors .
The decision by U.S. District Judge Reggie B. Walton came in a Freedom of Information Act lawsuit brought by a Buzzfeed reporter and the Electronic Privacy Information Center , a civil liberties group .
They ’ re seeking an unredacted version of @ @ @ @ @ @ @ pointed to Barr ’ s misleading statements about the report before it was released to raised doubts about what the Department had decided to redact .
Judge Walton said on Thursday that he agreed with the challengers ’ assessment that the Department “ dubious [ ly ] handl [ ed ] … the public release of the Mueller Report ” and the judge said he had “ grave concerns about the objectivity ” of that process .
He raised specifically how Barr — in a letter nearly a month before the report was @ @ @ @ @ @ @ conference the morning it was unveiled — described Mueller ’ s findings on whether the Trump campaign colluded with or coordinated with Russians in 2016 .
He also took issue with how Barr characterized the way Mueller went about the obstruction of justice aspect of his investigation .
“ The inconsistencies between Attorney General Barr ’ s statements , made at a time when the public did not have access to the redacted version of the Mueller Report to assess the veracity of his statements , and portions of the redacted version of @ @ @ @ @ @ @ statements cause the Court to seriously question whether Attorney General Barr made a calculated attempt to influence public discourse about the Mueller Report in favor of President Trump despite certain findings in the redacted version of the Mueller Report to the contrary , ” the judge said .
He also focused on Barr ’ s decision to issue the March 2019 summary letter weeks before the report itself was to be put out .
“ The speed by which Attorney General Barr released to the public the summary of Special Counsel Mueller ’ @ @ @ @ @ @ @ fact that Attorney General Barr failed to provide a thorough representation of the findings set forth in the Mueller Report , causes the Court to question whether Attorney General Barr ’ s intent was to create a one-sided narrative about the Mueller Report — a narrative that is clearly in some respects substantively at odds with the redacted version of the Mueller Report , ” he said .
The judge has ordered the Department to produce for him an unredacted version of the report en camera , meaning not publicly , for him @ @ @ @ @ @ @ his chambers .
The court will conduct this “ independent review ” so it can “ determine whether it concurs with the Department ’ s determination that the redactions of the Mueller Report are authorized by the FOIA exemptions upon which the Department relies , ” the judge said .
If the judge determines that all the redacted information “ has been appropriately withheld under the claimed FOIA exemptions , ” he will issue a decision resolving the FOIA lawsuit in the Justice Department ’ s favor , the order said .
“ @ @ @ @ @ @ @ consternation , true to the oath that the undersigned took upon becoming a federal judge , and the need for the American public to have faith in the judicial process , considering the record in this case , the Court must conclude that the actions of Attorney General Barr and his representations about the Mueller Report preclude the Court ’ s acceptance of the validity of the Department ’ s redactions without its independent verification , ” the judge said .

A federal judge said Thursday that Attorney General Bill Barr’s “lack of candor” about special counsel Robert Mueller’s findings — in representations of Mueller’s report that “distorted” its conclusions — had prompted the judge to decide to review an unredacted version of the report behind closed doors.
The decision by U.S. District Judge Reggie B. Walton came in a Freedom of Information Act lawsuit brought by a Buzzfeed reporter and the Electronic Privacy Information Center, a civil liberties group. They’re seeking an unredacted version of Mueller’s report, and have pointed to Barr’s misleading statements about the report before it was released to raised doubts about what the Department had decided to redact.
Judge Walton said on Thursday that he agreed with the challengers’ assessment that the Department “dubious[ly] handl[ed] … the public release of the Mueller Report” and the judge said he had “grave concerns about the objectivity” of that process.
He raised specifically how Barr — in a letter nearly a month before the report was released as well as in a press conference the morning it was unveiled — described Mueller’s findings on whether the Trump campaign colluded with or coordinated with Russians in 2016. He also took issue with how Barr characterized the way Mueller went about the obstruction of justice aspect of his investigation.
“The inconsistencies between Attorney General Barr’s statements, made at a time when the public did not have access to the redacted version of the Mueller Report to assess the veracity of his statements, and portions of the redacted version of the Mueller Report that conflict with those statements cause the Court to seriously question whether Attorney General Barr made a calculated attempt to influence public discourse about the Mueller Report in favor of President Trump despite certain findings in the redacted version of the Mueller Report to the contrary,” the judge said.
He also focused on Barr’s decision to issue the March 2019 summary letter weeks before the report itself was to be put out.
“The speed by which Attorney General Barr released to the public the summary of Special Counsel Mueller’s principal conclusions, coupled with the fact that Attorney General Barr failed to provide a thorough representation of the findings set forth in the Mueller Report, causes the Court to question whether Attorney General Barr’s intent was to create a one-sided narrative about the Mueller Report — a narrative that is clearly in some respects substantively at odds with the redacted version of the Mueller Report,” he said.
The judge has ordered the Department to produce for him an unredacted version of the report en camera, meaning not publicly, for him to review behind the closed doors of his chambers.
The court will conduct this “independent review” so it can “determine whether it concurs with the Department’s determination that the redactions of the Mueller Report are authorized by the FOIA exemptions upon which the Department relies,” the judge said.
If the judge determines that all the redacted information “has been appropriately withheld under the claimed FOIA exemptions,” he will issue a decision resolving the FOIA lawsuit in the Justice Department’s favor, the order said.
“Here, although it is with great consternation, true to the oath that the undersigned took upon becoming a federal judge, and the need for the American public to have faith in the judicial process, considering the record in this case, the Court must conclude that the actions of Attorney General Barr and his representations about the Mueller Report preclude the Court’s acceptance of the validity of the Department’s redactions without its independent verification,” the judge said.
Read the opinion below:


talkingpointsmemo--2020-03-05--Facebook Removes Trump Campaign Ads Asking Users To Fill Out ‘Census’

Facebook has begun taking down ads from President Trump ’ s re-election campaign that asked users to fill out an “ Official 2020 Congressional District Census.
” Facebook drew criticism for running the ads this week , which urged users to “ respond now ” to a survey .
According to Reuters Thursday , one of the ads read : “ This survey is ESSENTIAL to our team ’ s 2020 campaign strategy .
We need Patriotic Americans like YOU to respond to this census , so we can develop a winning strategy for YOUR STATE .
Your participating in @ @ @ @ @ @ @ the detailed data we need for YOUR CONGRESSIONAL DISTRICT.
” CNN also reported Thursday that questions on the survey include asking users to share their views of President Trump in addition to their age , name and contact information .
The survey also inquired about users ’ news consumption habits and whether they believe House Speaker Nancy Pelosi ( D-CA ) “ and the Radical Left are putting their personal anti-Trump agenda ahead of what ’ s best for the American people , ” according to CNN .
In a statement shared with @ @ @ @ @ @ @ “ there are policies in place to prevent confusion around the official U.S. Census and this is an example of those being enforced.
” Earlier Thursday , Pelosi said that she was “ particularly annoyed ” with Facebook for allowing the Trump campaign to run the ads that are “ an absolute lie ” during a press conference .
“ I know that profit motive is their business model , but it should not come at the cost of the counting who is in our country , so that we can provide the @ @ @ @ @ @ @ said .
“ The beautiful diversity of America is what this administration fears .
They want it undercounted.
” Last December , Facebook announced that it planned to combat misinformation regarding the 2020 census by banning ads that “ portray census participation as useless or meaningless or advise people not to participate in the census .
”

Facebook has begun taking down ads from President Trump’s re-election campaign that asked users to fill out an “Official 2020 Congressional District Census.”
Facebook drew criticism for running the ads this week, which urged users to “respond now” to a survey.
According to Reuters Thursday, one of the ads read: “This survey is ESSENTIAL to our team’s 2020 campaign strategy. We need Patriotic Americans like YOU to respond to this census, so we can develop a winning strategy for YOUR STATE. Your participating in this national effort will provide us with the detailed data we need for YOUR CONGRESSIONAL DISTRICT.”
CNN also reported Thursday that questions on the survey include asking users to share their views of President Trump in addition to their age, name and contact information. The survey also inquired about users’ news consumption habits and whether they believe House Speaker Nancy Pelosi (D-CA) “and the Radical Left are putting their personal anti-Trump agenda ahead of what’s best for the American people,” according to CNN.
In a statement shared with TPM, a Facebook spokesperson said that “there are policies in place to prevent confusion around the official U.S. Census and this is an example of those being enforced.”
Earlier Thursday, Pelosi said that she was “particularly annoyed” with Facebook for allowing the Trump campaign to run the ads that are “an absolute lie” during a press conference.
“I know that profit motive is their business model, but it should not come at the cost of the counting who is in our country, so that we can provide the services and the rest,” Pelosi said. “The beautiful diversity of America is what this administration fears. They want it undercounted.”
Last December, Facebook announced that it planned to combat misinformation regarding the 2020 census by banning ads that “portray census participation as useless or meaningless or advise people not to participate in the census.”


talkingpointsmemo--2020-03-05--Ben Carson Replaced Health Secretary Azar At Wednesday’s Coronavirus Briefing

There was a noticeable absence on stage Wednesday when members of the White House Coronavirus Task Force gave a press conference : Health Secretary Alexander Azar .
According to Politico , that wasn ’ t an accident : Vice President Mike Pence asked Azar not to attend the briefing .
A spokesperson for Pence told Politico , in the publication ’ s words , that “ officials wanted to make room on stage for Ben Carson , ” the Housing secretary .
A spokesperson for Azar said simply that the task force members would be “ rotating through as necessary @ @ @ @ @ @ @ briefings .
At first , Azar was the top Trump administration official leading the White House ’ s task force .
Then , at a press conference last week , Trump said Vice President Mike Pence would be leading the effort — reportedly to Azar ’ s surprise .
Pence has since brought on Dr. Deborah Bixby , an AIDS expert , as another point person .
During the briefing Wednesday , in which various task force members commented on the state of the public health crisis , Pence did most of the @ @ @ @ @ @ @ before his career in conservative politics , spoke only briefly .
He praised the task force ’ s work , emphasized that the risk posed by the virus to a healthy adult “ still remains quite low , ” and gave a shout out to the pharmaceutical industry .
“ The pharmaceuticals , who normally are rivals , have worked together voluntarily , ” he said .
“ Wouldn ’ t that be a great lesson to the politicians.
” Azar also didn ’ t accompany Vice President Mike Pence Thursday when Pence @ @ @ @ @ @ @ the latter of which is home to dozens of confirmed coronavirus cases .
Instead , Azar and others briefed legislators and spoke to members of the media , at times fielding intense questions about the administration ’ s lack of preparation for the outbreak .

There was a noticeable absence on stage Wednesday when members of the White House Coronavirus Task Force gave a press conference: Health Secretary Alexander Azar.
According to Politico, that wasn’t an accident: Vice President Mike Pence asked Azar not to attend the briefing. A spokesperson for Pence told Politico, in the publication’s words, that “officials wanted to make room on stage for Ben Carson,” the Housing secretary. A spokesperson for Azar said simply that the task force members would be “rotating through as necessary” in the group’s daily briefings.
At first, Azar was the top Trump administration official leading the White House’s task force. Then, at a press conference last week, Trump said Vice President Mike Pence would be leading the effort — reportedly to Azar’s surprise. Pence has since brought on Dr. Deborah Birx, an AIDS expert, as another point person.
During the briefing Wednesday, in which various task force members commented on the state of the public health crisis, Pence did most of the talking.
Carson, a famed neurosurgeon before his career in conservative politics, spoke only briefly. He praised the task force’s work, emphasized that the risk posed by the virus to a healthy adult “still remains quite low,” and gave a shout out to the pharmaceutical industry.
“The pharmaceuticals, who normally are rivals, have worked together voluntarily,” he said. “Wouldn’t that be a great lesson to the politicians.”
Azar also didn’t accompany Vice President Mike Pence Thursday when Pence traveled to Minnesota and Washington state, the latter of which is home to dozens of confirmed coronavirus cases. Instead, Azar and others briefed legislators and spoke to members of the media, at times fielding intense questions about the administration’s lack of preparation for the outbreak.


talkingpointsmemo--2020-03-05--GOP Continues To Have Field Day With Schumer Comments, Threatens Censure

Though Senate Minority Leader Chuck Schumer ( D-NY ) admitted that his comments about Supreme Court Justices Brett Kavanaugh and Neil Gorsuch didn ’ t come out like he intended , some Senate Republicans are still not satisfied .
Sen. Josh Hawley ( R-MO ) introduced a resolution Thursday to censure Schumer , cosigned by 14 other Republican senators .
In it , he cited Alexander Hamilton and statistics about threats to the judiciary , urging his colleagues to censure Schumer “ in the strongest possible terms.
” Not all Republican senators are on board , though .
Sen. Lindsey @ @ @ @ @ @ @ New York Times reporter that President Donald Trump would likely be the next one up for a censure , if the Schumer resolution passed .
Graham ’ s office declined to confirm or deny if he ’ d ultimately support the censure , saying only that he “ called on Schumer to walk the comments back.
” The whole debacle started when Schumer spoke from the Supreme Court steps while oral arguments on an abortion regulation case out of Louisiana proceeded inside .
“ You have released the whirlwind , and you will @ @ @ @ @ @ @ then , naming Justices Neil Gorsuch and Brett Kavanaugh .
“ You will not know what hit you if you go forward with these awful decisions.
” Schumer responded by saying he meant the “ political price ” Senate Republicans would pay , and that Roberts ’ interpretation of his comments — when President Donald Trump attacked Justices Ruth Bader Ginsberg and Sonia Sotomayor last week — shows that he ’ s not just “ calling balls and strikes.
” Republicans immediately erupted into outrage , with Sen. Chuck Grassley ( R-IA ) @ @ @ @ @ @ @ R-KY ) both giving floor speeches to denounce Schumer Thursday morning .
“ I ’ m from Brooklyn .
We speak in strong language , ” Schumer said in response .
“ I shouldn ’ t have used the words I did , but in no way was I making a threat .
I never , never would do such a thing .
”

Though Senate Minority Leader Chuck Schumer (D-NY) admitted that his comments about Supreme Court Justices Brett Kavanaugh and Neil Gorsuch didn’t come out like he intended, some Senate Republicans are still not satisfied.
Sen. Josh Hawley (R-MO) introduced a resolution Thursday to censure Schumer, cosigned by 14 other Republican senators.
In it, he cited Alexander Hamilton and statistics about threats to the judiciary, urging his colleagues to censure Schumer “in the strongest possible terms.”
Not all Republican senators are on board, though. Sen. Lindsey Graham (R-SC) noted to a New York Times reporter that President Donald Trump would likely be the next one up for a censure, if the Schumer resolution passed.
Graham says thumbs down to a Schumer censure res: “If we start censuring him, they’re going to censure Trump and this stuff never ends. But he did say something that needs to be corrected.” — Catie Edmondson (@CatieEdmondson) March 5, 2020
Graham’s office declined to confirm or deny if he’d ultimately support the censure, saying only that he “called on Schumer to walk the comments back.”
The whole debacle started when Schumer spoke from the Supreme Court steps while oral arguments on an abortion regulation case out of Louisiana proceeded inside.
“You have released the whirlwind, and you will pay the price,” Schumer said then, naming Justices Neil Gorsuch and Brett Kavanaugh. “You will not know what hit you if you go forward with these awful decisions.”
Chief Justice John Roberts issued a rare statement, calling Schumer’s remarks “dangerous” and “threatening.”
Schumer responded by saying he meant the “political price” Senate Republicans would pay, and that Roberts’ interpretation of his comments — when President Donald Trump attacked Justices Ruth Bader Ginsberg and Sonia Sotomayor last week — shows that he’s not just “calling balls and strikes.”
Republicans immediately erupted into outrage, with Sen. Chuck Grassley (R-IA) and Senate Majority Leader Mitch McConnell (R-KY) both giving floor speeches to denounce Schumer Thursday morning.
“I’m from Brooklyn. We speak in strong language,” Schumer said in response. “I shouldn’t have used the words I did, but in no way was I making a threat. I never, never would do such a thing.”


talkingpointsmemo--2020-03-05--Graham ‘Would Encourage’ Trump To Make Science-Based Coronavirus Comments

Sen. Lindsey Graham ( R-SC ) encouraged President Donald Trump to say things about a fatal respiratory virus that are actually based on science instead of a “ hunch.
” On Thursday , reporters asked Graham for his response to Trump ’ s efforts to minimize the World Health Organization ’ s ( WHO ) estimated 3.4 % death rate of reported COVID-19 cases worldwide .
“ I listen to the scientists when it comes to the numbers , ” Graham said .
“ And I would encourage the President , if he ’ s going to report things , @ @ @ @ @ @ @ what he ’ s saying.
” Trump had appeared on Fox News host Sean Hannity ’ s program the night before , during which the President asserted that the 3.4 % figure “ is really a false number.
” “ Now this is just my hunch , but based on a lot of conversations with a lot of people that do this , because a lot of people will have this , and it ’ s very mild , ” he told Hannity .
“ They ’ ll get better very rapidly , @ @ @ @ @ @ @ doctor , they don ’ t even call a doctor , you never hear about those people .
”

Sen. Lindsey Graham (R-SC) encouraged President Donald Trump to say things about a fatal respiratory virus that are actually based on science instead of a “hunch.”
On Thursday, reporters asked Graham for his response to Trump’s efforts to minimize the World Health Organization’s (WHO) estimated 3.4% death rate of reported COVID-19 cases worldwide.
“I listen to the scientists when it comes to the numbers,” Graham said. “And I would encourage the President, if he’s going to report things, to make sure the science is behind what he’s saying.”
Trump had appeared on Fox News host Sean Hannity’s program the night before, during which the President asserted that the 3.4% figure “is really a false number.”
“Now this is just my hunch, but based on a lot of conversations with a lot of people that do this, because a lot of people will have this, and it’s very mild,” he told Hannity. “They’ll get better very rapidly, they don’t even see a doctor, they don’t even call a doctor, you never hear about those people.”
Watch Graham below:


talkingpointsmemo--2020-03-05--House To Seek Full Circuit Review Of McGahn Ruling As DOJ Cites It In Other Subpoena Cases

The House plans to file a request Friday with the full U.S. Court of Appeals for the D.C .
Circuit asking for it to review last week ’ s decision by a thee-judge panel of that court in the Don McGahn case .
The decision severely hamstrung the House ’ s ability to force the Trump administration to comply with its subpoenas .
Specifically , the appellate panel refused to enforce the House ’ s subpoena of President Trump ’ s former White House counsel and said that courts have no authority to settle subpoena disputes between the legislative and @ @ @ @ @ @ @ the Justice Department has already started citing the ruling to seek the dismissal of separate cases dealing with House subpoenas .
The announcement that the House will appeal the McGahn decision on Friday — ahead a Monday deadline to do so — came in one such case , where the House is seeking a court order that the IRS comply with its subpoena of Trump ’ s tax returns .
The House lawyer ’ s remarks were reported by Courthouse News .
The tax returns case is not the only case where the @ @ @ @ @ @ @ the appellate panel ’ s decision in Trump ’ s favor in the McGahn case .
The administration made a similar argument in a court filing submitted Monday to the judge overseeing a House lawsuit that he order administration compliance with subpoenas issued in the House ’ s probe of the census citizenship question .
Once the House files its appeal of the McGahn case , it could take months before the full D.C .
Circuit can issue a ruling on the merits of the lawsuit .
But the House could also ask @ @ @ @ @ @ @ ’ s decision .
If successful , such a move won ’ t prevent other district courts from adopting the position of the appellate panel in the McGahn case , but district courts would not have to treat that decision as binding precedent while they waited for the entire appeals court to fully weigh in .
In the Trump tax returns case , the judge for now appears hesitant to move forward with those proceedings , given the plans for a McGahn appeal , according to Courthouse News .

The House plans to file a request Friday with the full U.S. Court of Appeals for the D.C. Circuit asking for it to review last week’s decision by a thee-judge panel of that court in the Don McGahn case. The decision severely hamstrung the House’s ability to force the Trump administration to comply with its subpoenas.
Specifically, the appellate panel refused to enforce the House’s subpoena of President Trump’s former White House counsel and said that courts have no authority to settle subpoena disputes between the legislative and executive branches.
Since the decision, the Justice Department has already started citing the ruling to seek the dismissal of separate cases dealing with House subpoenas.
The announcement that the House will appeal the McGahn decision on Friday — ahead a Monday deadline to do so — came in one such case, where the House is seeking a court order that the IRS comply with its subpoena of Trump’s tax returns.
The House lawyer’s remarks were reported by Courthouse News.
Attorney Josephine Morse said the House plans to file its petition for rehearing the McGahn case en banc at the D.C. Circuit by tomorrow, ahead of the Monday deadline. — Megan Mineiro (@MMineiro_CNS) March 5, 2020
The tax returns case is not the only case where the Justice Department has looked to quickly exploit the appellate panel’s decision in Trump’s favor in the McGahn case.
The administration made a similar argument in a court filing submitted Monday to the judge overseeing a House lawsuit that he order administration compliance with subpoenas issued in the House’s probe of the census citizenship question.
Once the House files its appeal of the McGahn case, it could take months before the full D.C. Circuit can issue a ruling on the merits of the lawsuit. But the House could also ask the full court to stay last week’s decision. If successful, such a move won’t prevent other district courts from adopting the position of the appellate panel in the McGahn case, but district courts would not have to treat that decision as binding precedent while they waited for the entire appeals court to fully weigh in.
In the Trump tax returns case, the judge for now appears hesitant to move forward with those proceedings, given the plans for a McGahn appeal, according to Courthouse News.


talkingpointsmemo--2020-03-05--Romney Says There’s ‘No Question’ That Burisma Probe ‘Appears Political’

Sen. Mitt Romney ( R-UT ) isn ’ t sold on his fellow Senate Republicans ’ renewed interest in a probe of former Vice President Joe Biden ’ s son Hunter Biden , who sat on the board of a Ukrainian energy company .
While speaking to reporters on Capitol Hill Thursday , Romney aired his concerns about Sen. Ron Johnson ’ s ( R-WI ) request to begin issuing subpoenas as part of his probe into Hunter Biden ’ s tenure on the board of Burisma .
“ There ’ s no question that the appearance of looking into @ @ @ @ @ @ @ ” Romney said .
“ And I think people are tired of these kind of political investigations.
” On Monday , Johnson told his colleagues on the Senate Homeland Security and Governmental Affairs committee in a letter that he ’ d like to begin issuing subpoenas for his proposed investigation , which centers around debunked allegations that the DNC colluded with the Ukrainian government in 2016 to damage Trump ’ s presidential candidacy .
Johnson ’ s letter came on the heels of Senate Democrats ’ attempt last week to block a subpoena @ @ @ @ @ @ @ former staffer at Ukraine ’ s embassy in Washington who has stoked unfounded allegations of Ukrainian government interference in the 2016 election .
Romney added that “ if there ’ s something of significance that needs to be evaluated , ” he hopes that it ’ d perhaps be reviewed by the FBI or another agency “ that ’ s not as political as perhaps a committee of our body.
” “ We also have a lot of work to do on matters that are not related to Burisma — we probably ought @ @ @ @ @ @ @ Romney said .
Romney also mentioned that he will speak to Johnson later Thursday and “ get his perspective ” by seeing what information he has and “ whether there ’ s something that might be helpful to clarify exactly what has happened in the past and put this behind us.
” When asked if he ’ s willing to support Johnson ’ s subpoenas request , Romney responded that he will “ make that decision ” after he meets with Johnson .

Sen. Mitt Romney (R-UT) isn’t sold on his fellow Senate Republicans’ renewed interest in a probe of former Vice President Joe Biden’s son Hunter Biden, who sat on the board of a Ukrainian energy company.
While speaking to reporters on Capitol Hill Thursday, Romney aired his concerns about Sen. Ron Johnson’s (R-WI) request to begin issuing subpoenas as part of his probe into Hunter Biden’s tenure on the board of Burisma.
“There’s no question that the appearance of looking into Burisma and Hunter Biden appears political,” Romney said. “And I think people are tired of these kind of political investigations.”
On Monday, Johnson told his colleagues on the Senate Homeland Security and Governmental Affairs committee in a letter that he’d like to begin issuing subpoenas for his proposed investigation, which centers around debunked allegations that the DNC colluded with the Ukrainian government in 2016 to damage Trump’s presidential candidacy.
Johnson’s letter came on the heels of Senate Democrats’ attempt last week to block a subpoena for testimony from Andrii Telizhenko, a former staffer at Ukraine’s embassy in Washington who has stoked unfounded allegations of Ukrainian government interference in the 2016 election.
Romney added that “if there’s something of significance that needs to be evaluated,” he hopes that it’d perhaps be reviewed by the FBI or another agency “that’s not as political as perhaps a committee of our body.”
“We also have a lot of work to do on matters that are not related to Burisma — we probably ought to focus on those things,” Romney said.
Romney also mentioned that he will speak to Johnson later Thursday and “get his perspective” by seeing what information he has and “whether there’s something that might be helpful to clarify exactly what has happened in the past and put this behind us.”
When asked if he’s willing to support Johnson’s subpoenas request, Romney responded that he will “make that decision” after he meets with Johnson.


talkingpointsmemo--2020-03-05--Michigan Governor Joins Biden ‘Parade’ Ahead Of State’s Primary

With just a few days to go before the Michigan Democratic primary , former Vice President Joe Biden gained the governor ’ s endorsement Thursday morning .
Michigan Gov .
Gretchen Whitmer ( D ) announced her endorsement of Biden during an interview on MSNBC ’ s “ Morning Joe , ” saying that her decision to back Biden was influenced by her experiences in “ taking care of my mom at the end of her battle with brain cancer and rearing my new child and fighting an insurance company that was wrongfully denying her chemotherapy.
” Whitmer added that @ @ @ @ @ @ @ Attorney General Beau Biden , died in 2015 from “ the same brain tumor that took my mom ’ s life.
” She then continued praising the former vice president ’ s record by touting his role in passing the Obama administration ’ s Affordable Care Act , which allowed her to expand the state ’ s Medicaid coverage .
Shortly after her appearance on MSNBC , Whitmer also tweeted her support for Biden .
In a statement shared with TPM Thursday morning , Whitmer added that “ Biden has proven time and @ @ @ @ @ @ @ Walter Mebane , professor of political science at the University of Michigan , told TPM in a phone interview Thursday morning that although Whitmer ’ s endorsement of Biden “ won ’ t have much effect , ” she joins “ the large coordination or consolidation action that ’ s happening ” after Biden clearly emerged as “ the choice of the center-left of the Democratic Party ” following his strong Super Tuesday performance .
“ Black voters and suburban voters and all kinds of voters are rallying around him , and I @ @ @ @ @ @ @ is part of that rally , ” Mebane told TPM .
“ It might be some small effect , but she ’ s certainly joining the parade that ’ s happening.
” Mebane also argued that comparing this year ’ s primary to 2016 , when Sanders won , is “ really tricky , ” given how Biden so far “ does not have the negatives that came out associated with Hillary Clinton.
” Mebane said he “ certainly ” expects the former VP to do better than Clinton did .
When asked @ @ @ @ @ @ @ in the Michigan primary , Mebane mentioned that “ biggest variable ” is the fear surrounding the coronavirus outbreak and how it could potentially affect voter turnout .
Mebane added that Michigan ’ s first time with absentee voting where people aren ’ t “ locked into their choice ” could play a big role as well .
“ Unlike in California or Colorado where people voted and couldn ’ t change , now I think the results in the absentee votes may reflect more of the current position of the candidates .
@ @ @ @ @ @ @ a bigger update to the current situation than we had in those states .
Whitmer isn ’ t the only endorsement Biden gained on Thursday morning .
Rep. Val Demings ( D-FL ) — who served as a manager in the Senate impeachment trial — announced her endorsement of Biden during an interview on CNN , saying that the former vice president “ has been there in the trenches fighting for those things that are important to the American people .
”

With just a few days to go before the Michigan Democratic primary, former Vice President Joe Biden gained the governor’s endorsement Thursday morning.
Michigan Gov. Gretchen Whitmer (D) announced her endorsement of Biden during an interview on MSNBC’s “Morning Joe,” saying that her decision to back Biden was influenced by her experiences in “taking care of my mom at the end of her battle with brain cancer and rearing my new child and fighting an insurance company that was wrongfully denying her chemotherapy.”
Whitmer added that Biden’s son, former Delaware Attorney General Beau Biden, died in 2015 from “the same brain tumor that took my mom’s life.” She then continued praising the former vice president’s record by touting his role in passing the Obama administration’s Affordable Care Act, which allowed her to expand the state’s Medicaid coverage.
Shortly after her appearance on MSNBC, Whitmer also tweeted her support for Biden.
We need a president who will show up and fight for Michiganders, and @JoeBiden has proven time and again that he has our back. I am proud to both endorse him and announce that I will be joining his campaign as a co-chair. pic.twitter.com/Vs5J4Ik09F — Gretchen Whitmer (@gretchenwhitmer) March 5, 2020
In a statement shared with TPM Thursday morning, Whitmer added that “Biden has proven time and again that he has our backs.”
Walter Mebane, professor of political science at the University of Michigan, told TPM in a phone interview Thursday morning that although Whitmer’s endorsement of Biden “won’t have much effect,” she joins “the large coordination or consolidation action that’s happening” after Biden clearly emerged as “the choice of the center-left of the Democratic Party” following his strong Super Tuesday performance.
“Black voters and suburban voters and all kinds of voters are rallying around him, and I can say the governor’s endorsement is part of that rally,” Mebane told TPM. “It might be some small effect, but she’s certainly joining the parade that’s happening.”
Mebane also argued that comparing this year’s primary to 2016, when Sanders won, is “really tricky,” given how Biden so far “does not have the negatives that came out associated with Hillary Clinton.” Mebane said he “certainly” expects the former VP to do better than Clinton did.
When asked about dynamics to keep an eye on in the Michigan primary, Mebane mentioned that “biggest variable” is the fear surrounding the coronavirus outbreak and how it could potentially affect voter turnout. Mebane added that Michigan’s first time with absentee voting where people aren’t “locked into their choice” could play a big role as well.
“Unlike in California or Colorado where people voted and couldn’t change, now I think the results in the absentee votes may reflect more of the current position of the candidates. I think we’ll still get a bigger update to the current situation than we had in those states.
Whitmer isn’t the only endorsement Biden gained on Thursday morning. Rep. Val Demings (D-FL) — who served as a manager in the Senate impeachment trial — announced her endorsement of Biden during an interview on CNN, saying that the former vice president “has been there in the trenches fighting for those things that are important to the American people.”


talkingpointsmemo--2020-03-05--Hospitals ‘Nervous’ Over Knock-on Effects From COVID Medical Supply Breakdown

The expanding outbreak of COVID-19 poses a series of threats to the healthcare system ’ s ability to treat patients , as hospitals and state governments brace for the disease to impact their communities .
Among those threats are shortages of protective masks and sanitary gowns , along with reams of other categories of medical supplies .
The shortages stem from a combination of factors .
Slowdowns in manufacturing in China have thrown a wrench in medical supply chains , while individuals and institutions have responded to the threat by hoarding .
In other cases , medical providers have simply @ @ @ @ @ @ @ than expected to handle the outbreak .
Professionals in the field told TPM that the shortage creates the risk of a secondary , knock-on effect of coronavirus — that patients who come down with other illnesses may either be limited or unable to get treatment due to shortages caused by the COVID-19 outbreak .
The secondary problems could end up being more serious than the direct effects from the lack of medical supplies to treat coronavirus itself , medical officials told TPM .
A run on ventilators needed to treat serious COVID cases @ @ @ @ @ @ @ staff from people with other , serious respiratory diseases .
Deficits in sanitary gowns , manufactured in China , are already being felt around the country , making it more difficult to maintain hygiene in medical operations .
Hospital systems are starting to check state-level stockpiles .
Other items like sanitary waste bags , one official told TPM , also threaten to run short — posing problems for the disposal of biohazards like blood , used samples , and other potential contaminants .
Liam Yore , a Seattle-area emergency room doctor and former @ @ @ @ @ @ @ American College of Emergency Physicians , told TPM that his hospital had run out of test kits for the flu and other common , viral diseases .
( Yore emphasized he was speaking in his personal capacity , not on behalf of any hospital that employs him . )
“ We ran out of test kits for the viral panel because we ’ ve had so many people coming in , ” Yore said .
Yore said his hospital , without COVID 19 test kits , had been using the other test kits @ @ @ @ @ @ @ of elimination .
“ Because of what ’ s going on , we ’ re assuming that everyone has it .
It ’ s an effective workaround , but it ’ s not an effective long term strategy , ” he added .
Beijing dealt with the COVID crisis through mass closures and by shutting off the city of Wuhan , where the outbreak is thought to have originated .
That effort has included closing down factories around the country , which form an integral part of the medical supply chain for everything @ @ @ @ @ @ @ medical devices to face masks and sanitary gowns .
FDA Commissioner Stephen Hahn told reporters last week that his agency was “ keenly aware that the outbreak will likely affect the medical product supply chain , including potential disruptions to suppliers [ and ] shortages of critical medical products in the U.S. ” But the consequences of the breakdown can have unexpected effects that ripple throughout the country .
Following Hurricane Maria in Puerto Rico , for example , the U.S. faced a shortage of saline solution and IV bags , after the @ @ @ @ @ @ @ the material that was located on the island .
Richard Bartlett , emergency preparedness coordinator for the Kentucky Hospital Association , told TPM that “ some raw materials used to make these items are primarily made in China or other countries.
” “ Domestic manufacturers may also need to find new sources , ” he added , saying that hospitals are having trouble “ finding replacement stock ” while other suppliers are shipping fewer items than asked for .
“ They are nervous about the future , ” Barlett told TPM .
But @ @ @ @ @ @ @ perception as it does to the reality of supply chain disruptions , medical officials told TPM .
As fears over breaks in the chain have mounted , both individuals and institutions with the means to do so have started to hoard resources , exacerbating the potential for shortages .
According to Duane Morris partner Delphine O ’ Rourke , who advises hospitals on responding to COVID , the crisis has led to a “ gold rush ” in medical supplies , with some bigger facilities buying up large amounts of items in anticipation @ @ @ @ @ @ @ concerned by now ?
Anticipation of a shortage of critical medical supples that are necessary to treat patients , ” O ’ Rourke told TPM .
She added that while the country has yet to reach “ a breakdown phase , we are starting to see hoarding , ” which occurs with every emergency .
The key difference with COVID is that the crisis threatens to go on for a full year — much longer than a brief , but intense shock to the system like a natural disaster or attack , potentially @ @ @ @ @ @ @ from supply chain issues go in part to the fragility of how American hospitals operate .
Many run thin profit margins , meaning that they need detailed data to predict what inventory will be needed at different times .
Danny Chun , an official at the Illinois Health and Hospital Association , told TPM that “ everyone is acutely aware of the situation , ” and added that hospitals around the state were “ inventory-ing what their current supply is ” in conjunction with the state Department of Health .
Bartlett , the @ @ @ @ @ @ @ hospitals use “ just in time ” supply .
“ So projecting their needs forward given the new paradigm is prudent.
” Some plan on relying on state-level caches of medical supplies .
Tim Blasl , President of the North Dakota Hospital Association , told TPM that hospitals were consulting with the state ’ s reserve cache with that eventuality in mind .
For Yore , the Seattle-area doctor , and others , however , the lack of reliable data from the Department of Health and Human Services was making it difficult to @ @ @ @ @ @ @ find themselves in a tight spot without hard data .
Artificial ventilators , for example , take multiple people with expertise to operate and are necessary in severe COVID cases .
But without the ability to predict what is going to come and where , it ’ s impossible to budget resources effectively .
“ Unless they ’ re very secure financially , they probably aren ’ t in a position to stock supplies in a significant way , ” O ’ Rourke said .

The expanding outbreak of COVID-19 poses a series of threats to the healthcare system’s ability to treat patients, as hospitals and state governments brace for the disease to impact their communities.
Among those threats are shortages of protective masks and sanitary gowns, along with reams of other categories of medical supplies.
The shortages stem from a combination of factors. Slowdowns in manufacturing in China have thrown a wrench in medical supply chains, while individuals and institutions have responded to the threat by hoarding. In other cases, medical providers have simply been forced to expend far more resources than expected to handle the outbreak.
Professionals in the field told TPM that the shortage creates the risk of a secondary, knock-on effect of coronavirus — that patients who come down with other illnesses may either be limited or unable to get treatment due to shortages caused by the COVID-19 outbreak.
The secondary problems could end up being more serious than the direct effects from the lack of medical supplies to treat coronavirus itself, medical officials told TPM.
A run on ventilators needed to treat serious COVID cases, for example, could divert hospital staff from people with other, serious respiratory diseases. Deficits in sanitary gowns, manufactured in China, are already being felt around the country, making it more difficult to maintain hygiene in medical operations. Hospital systems are starting to check state-level stockpiles.
Other items like sanitary waste bags, one official told TPM, also threaten to run short — posing problems for the disposal of biohazards like blood, used samples, and other potential contaminants.
Liam Yore, a Seattle-area emergency room doctor and former head of the Washington chapter of the American College of Emergency Physicians, told TPM that his hospital had run out of test kits for the flu and other common, viral diseases. (Yore emphasized he was speaking in his personal capacity, not on behalf of any hospital that employs him.)
“We ran out of test kits for the viral panel because we’ve had so many people coming in,” Yore said.
Yore said his hospital, without COVID 19 test kits, had been using the other test kits to isolate potential COVID cases through process of elimination.
“Because of what’s going on, we’re assuming that everyone has it. It’s an effective workaround, but it’s not an effective long term strategy,” he added.
China
Beijing dealt with the COVID crisis through mass closures and by shutting off the city of Wuhan, where the outbreak is thought to have originated.
That effort has included closing down factories around the country, which form an integral part of the medical supply chain for everything from electronics that are used for complex medical devices to face masks and sanitary gowns.
FDA Commissioner Stephen Hahn told reporters last week that his agency was “keenly aware that the outbreak will likely affect the medical product supply chain, including potential disruptions to suppliers [and] shortages of critical medical products in the U.S.”
But the consequences of the breakdown can have unexpected effects that ripple throughout the country.
Following Hurricane Maria in Puerto Rico, for example, the U.S. faced a shortage of saline solution and IV bags, after the storm knocked out a crucial factory of the material that was located on the island.
Richard Bartlett, emergency preparedness coordinator for the Kentucky Hospital Association, told TPM that “some raw materials used to make these items are primarily made in China or other countries.”
“Domestic manufacturers may also need to find new sources,” he added, saying that hospitals are having trouble “finding replacement stock” while other suppliers are shipping fewer items than asked for.
“They are nervous about the future,” Barlett told TPM.
Hoarding
But the shortages come down as much to perception as it does to the reality of supply chain disruptions, medical officials told TPM.
As fears over breaks in the chain have mounted, both individuals and institutions with the means to do so have started to hoard resources, exacerbating the potential for shortages.
According to Duane Morris partner Delphine O’Rourke, who advises hospitals on responding to COVID, the crisis has led to a “gold rush” in medical supplies, with some bigger facilities buying up large amounts of items in anticipation of shortages.
“What are hospitals concerned by now? Anticipation of a shortage of critical medical supples that are necessary to treat patients,” O’Rourke told TPM.
She added that while the country has yet to reach “a breakdown phase, we are starting to see hoarding,” which occurs with every emergency.
The key difference with COVID is that the crisis threatens to go on for a full year — much longer than a brief, but intense shock to the system like a natural disaster or attack, potentially further depleting supplies.
Logistics built on fragility
The knock-on effects from supply chain issues go in part to the fragility of how American hospitals operate.
Many run thin profit margins, meaning that they need detailed data to predict what inventory will be needed at different times.
Danny Chun, an official at the Illinois Health and Hospital Association, told TPM that “everyone is acutely aware of the situation,” and added that hospitals around the state were “inventory-ing what their current supply is” in conjunction with the state Department of Health.
Bartlett, the Kentucky hospital official, told TPM that hospitals use “just in time” supply. “So projecting their needs forward given the new paradigm is prudent.”
Some plan on relying on state-level caches of medical supplies. Tim Blasl, President of the North Dakota Hospital Association, told TPM that hospitals were consulting with the state’s reserve cache with that eventuality in mind.
For Yore, the Seattle-area doctor, and others, however, the lack of reliable data from the Department of Health and Human Services was making it difficult to plan.
Hospitals running on tight margins find themselves in a tight spot without hard data. Artificial ventilators, for example, take multiple people with expertise to operate and are necessary in severe COVID cases.
But without the ability to predict what is going to come and where, it’s impossible to budget resources effectively.
“Unless they’re very secure financially, they probably aren’t in a position to stock supplies in a significant way,” O’Rourke said.


talkingpointsmemo--2020-03-06--After Judge’s Blistering Ruling, DOJ Defends Barr’s Handling Of Mueller Report

The Justice Department , in a statement issued late Friday afternoon , pushed back on a judge ’ s Thursday assertions that Attorney General Bill Barr made “ misleading ” public statements about special counsel Robert Mueller ’ s report in the lead up to its release .
Department spokesperson Kerri Kupec said that U.S. District Judge Reggie Walton ’ s assertions were “ contrary to the facts , ” but did not elaborate on what Walton actually got wrong in his accounting of the “ inconsistencies ” between what Mueller ’ s report said and how Barr described it @ @ @ @ @ @ @ bulk of the statement focused on the Walton ’ s determination that he needed to privately review the report ’ s redacted material , given how Barr handled the rollout .
Walton issued the ruling in a Freedom of Information Act case , where a journalist and non-profit organization are seeking unredacted version of the report .
Kupec said the redaction decisions in the original publicly released report were made in consultation with Department attorneys , Mueller ’ s team , prosecutors from U.S. attorneys office and members of the Intelligence Community .
@ @ @ @ @ @ @ the entire report was then reviewed by career attorneys , including different career attorneys with expertise in FOIA cases — a process in which the Attorney General played no role , ” Kupec said .
“ There is no basis to question the work or good faith of any of these career Department lawyers .
The Department stands by their work , as well as the Attorney General ’ s statements and efforts to provide as much transparency as possible in connection with the Special Counsel ’ s confidential report .
”

The Justice Department, in a statement issued late Friday afternoon, pushed back on a judge’s Thursday assertions that Attorney General Bill Barr made “misleading” public statements about special counsel Robert Mueller’s report in the lead up to its release.
Department spokesperson Kerri Kupec said that U.S. District Judge Reggie Walton’s assertions were “contrary to the facts,” but did not elaborate on what Walton actually got wrong in his accounting of the “inconsistencies” between what Mueller’s report said and how Barr described it before its release.
Instead, the bulk of the statement focused on the Walton’s determination that he needed to privately review the report’s redacted material, given how Barr handled the rollout. Walton issued the ruling in a Freedom of Information Act case, where a journalist and non-profit organization are seeking unredacted version of the report.
Kupec said the redaction decisions in the original publicly released report were made in consultation with Department attorneys, Mueller’s team, prosecutors from U.S. attorneys office and members of the Intelligence Community.
DOJ statement on yesterday’s district court order in a FOIA case related to the Special Counsel’s confidential report. pic.twitter.com/7C1bd7Rwir — KerriKupecDOJ (@KerriKupecDOJ) March 6, 2020
“In response to FOIA requests, the entire report was then reviewed by career attorneys, including different career attorneys with expertise in FOIA cases — a process in which the Attorney General played no role,” Kupec said. “There is no basis to question the work or good faith of any of these career Department lawyers. The Department stands by their work, as well as the Attorney General’s statements and efforts to provide as much transparency as possible in connection with the Special Counsel’s confidential report.”


talkingpointsmemo--2020-03-06--Trump Camp Goes After CNN Op-Ed In New Lawsuit Following Similar NYT And WaPo Suits

The Trump campaign ’ s lawsuit spree against major media outlets continued Friday , with a third suit in 10 days alleging unfair coverage .
After suing The New York Times last week and The Washington Post on Tuesday — both over pieces from opinion writers — the President ’ s reelection organization sued CNN Friday in federal court in Georgia , alleging “ a systematic pattern of bias against the Campaign.
” Like the other two Trump campaign suits , the action against CNN was signed by attorney Charles Harder , infamous for handling Terry Bollea ’ s ( @ @ @ @ @ @ @ .
Bollea ’ s suit was funded by the Silicon Valley billionaire Peter Thiel and ended with the website ’ s bankruptcy .
CNN ’ s libel against the Trump campaign , the suit alleged , came from a a nine-month-old op-ed from Larry Noble , the law professor and former Federal Election Commission general counsel who ’ s a vocal critic of President Trump .
The article , “ Soliciting dirt on your opponents from a foreign government is a crime .
Mueller should have charged Trump campaign officials with it , @ @ @ @ @ @ @ “ fabricated , ” the campaign alleged .
Noble argued in the op-ed that Robert Mueller ’ s probe should have included pursuing charges against Trump campaign officials — including the President ’ s son — who solicited Russian assistance during the 2016 election .
After the probe failed to bring forth those charges , Noble wrote , “ The Trump campaign assessed the potential risks and benefits of again seeking Russia ’ s help in 2020 and has decided to leave that option on the table.
” That line appeared to be @ @ @ @ @ @ @ in the op-ed , in which White House adviser and presidential son-in-law Jared Kushner said he didn ’ t know if he would inform the FBI , should he receive an offer of help from Russia in 2020 .
Noble ’ s claim , the campaign alleged , “ was made up out of whole cloth.
” The suit asks for a jury trial and “ millions of dollars ” in damages .
A CNN spokesperson declined to comment on the suit , and Noble did not return a request for comment .
@ @ @ @ @ @ @ CNN , the suit cited “ Project Veritas , ” the group founded by smear artist James O ’ Keefe and which is known for its undercover ( and often heavily edited ) video stings of journalists and liberal groups .
Last month , ABC suspended correspondent David Wright after a Project Veritas video showed him describing himself as a socialist and lightly criticizing the network ’ s political coverage as insubstantial .
In the CNN suit , the Trump campaign cited a Project Veritas video in which CNN employees complained about the @ @ @ @ @ @ @ probe and the President ’ s impeachment trial , among other things .
“ CNN clearly had a malicious motive in publishing the Defamatory Article , and acted with reckless disregard for the truth , ” the lawsuit asserted .

The Trump campaign’s lawsuit spree against major media outlets continued Friday, with a third suit in 10 days alleging unfair coverage.
After suing The New York Times last week and The Washington Post on Tuesday — both over pieces from opinion writers — the President’s reelection organization sued CNN Friday in federal court in Georgia, alleging “a systematic pattern of bias against the Campaign.”
Like the other two Trump campaign suits, the action against CNN was signed by attorney Charles Harder, infamous for handling Terry Bollea’s (aka Hulk Holgan) suit against Gawker. Bollea’s suit was funded by the Silicon Valley billionaire Peter Thiel and ended with the website’s bankruptcy.
CNN’s libel against the Trump campaign, the suit alleged, came from a a nine-month-old op-ed from Larry Noble, the law professor and former Federal Election Commission general counsel who’s a vocal critic of President Trump.
The article, “Soliciting dirt on your opponents from a foreign government is a crime. Mueller should have charged Trump campaign officials with it,” was “blatantly false” and “fabricated,” the campaign alleged.
Noble argued in the op-ed that Robert Mueller’s probe should have included pursuing charges against Trump campaign officials — including the President’s son — who solicited Russian assistance during the 2016 election.
After the probe failed to bring forth those charges, Noble wrote, “The Trump campaign assessed the potential risks and benefits of again seeking Russia’s help in 2020 and has decided to leave that option on the table.”
That line appeared to be a reference to an interview cited earlier in the op-ed, in which White House adviser and presidential son-in-law Jared Kushner said he didn’t know if he would inform the FBI, should he receive an offer of help from Russia in 2020.
Noble’s claim, the campaign alleged, “was made up out of whole cloth.” The suit asks for a jury trial and “millions of dollars” in damages.
A CNN spokesperson declined to comment on the suit, and Noble did not return a request for comment.
To bolster its claims of bias against CNN, the suit cited “Project Veritas,” the group founded by smear artist James O’Keefe and which is known for its undercover (and often heavily edited) video stings of journalists and liberal groups.
Last month, ABC suspended correspondent David Wright after a Project Veritas video showed him describing himself as a socialist and lightly criticizing the network’s political coverage as insubstantial.
In the CNN suit, the Trump campaign cited a Project Veritas video in which CNN employees complained about the network’s coverage of the Russia probe and the President’s impeachment trial, among other things.
“CNN clearly had a malicious motive in publishing the Defamatory Article, and acted with reckless disregard for the truth,” the lawsuit asserted.
Read the Trump campaign’s latest lawsuit below:


talkingpointsmemo--2020-03-06--Warren: ‘I Would Have Made A Better President’ Than Sanders Or Biden

Sen. Elizabeth Warren ( D-MA ) said Friday that while she thinks she “ would have made a better president @ @ @ @ @ ( I-VT ) or former Vice President Joe Biden , her campaign came at the @ @ @ @ @ ” In a post mortem interview with the Boston Globe , she said that she @ @ @ @ @ divide between the progressive and moderate wings of the party that ultimately were too far @ @ @ @ @ .
“ The big decisions were right .
The team we built was right .
@ @ @ @ @ improved some other things , I don ’ t think it would have changed the @ @ @ @ @ .
“ This is just a different moment in time and I ’ m sorry @ @ @ @ @ case.
” Warren was also resistant to the notion that she should toss her support @ @ @ @ @ men , asking why she should “ owe ” anybody an endorsement .
She has @ @ @ @ @ support ” the eventual nominee .

Sen. Elizabeth Warren (D-MA) said Friday that while she thinks she “would have made a better president” than Sen. Bernie Sanders (I-VT) or former Vice President Joe Biden, her campaign came at the “wrong moment in time.”
In a post mortem interview with the Boston Globe, she said that she underestimated the depth of the divide between the progressive and moderate wings of the party that ultimately were too far apart for her to bridge.
“The big decisions were right. The team we built was right. Even if we’d improved some other things, I don’t think it would have changed the outcome,” she said. “This is just a different moment in time and I’m sorry that that’s the case.”
Warren was also resistant to the notion that she should toss her support to one of the remaining men, asking why she should “owe” anybody an endorsement. She has though promised to “wholeheartedly support” the eventual nominee.


talkingpointsmemo--2020-03-06--Coronavirus Raises Prospect Of Generic Drug Shortages

Coronavirus ’ threats may extend to our drug supply .
The U.S. does not manufacture the vast majority of its pharmaceuticals at home , instead relying on a complex global supply chain that starts off in China .
Experts and public health officials are getting jittery that mass factory closures ordered by the Chinese government have broken the delicate pharmaceutical supply chain , resulting in looming shortages of generic drugs , which account for 90 percent of the pharmaceuticals taken by Americans .
The Food and Drug Administration already announced last week that an unnamed drug is in shortage across @ @ @ @ @ @ @ “ The manufacturer just notified us that this shortage is related to a site affected by coronavirus , ” FDA Commissioner Stephen Hahn said in a statement at the time .
“ The shortage is due to an issue with manufacturing of an active pharmaceutical ingredient used in the drug.
” The problems come down to a fragile supply chain for generic drugs that winds from the U.S. , through India , and onwards to China .
“ This was all predictable , ” Rosemary Gibson , author of the 2018 book China @ @ @ @ @ @ @ ’ s Dependence on China For Medicine , told TPM .
“ If we don ’ t plan and prepare , I fear for the health security of our country.
” India accounts for 24 percent of medicine imports to the U.S. , according to the FDA , and around a third of imports of medicinal ingredients .
“ But India depends on China for most of the core chemicals needed for their generic industry , ” Gibson said .
And therein lies the problem : China is the world ’ s largest @ @ @ @ @ @ @ the drugs what they are , the so-called active pharmaceutical ingredients .
So , the mass closure of factories in China has cut off a key portion of the flow of global drugs at the source : the active ingredients .
This issue hasn ’ t gone unnoticed .
Reps. Adam Schiff ( D-CA ) and Anna Eshoo ( D-CA ) wrote a column in September 2010 calling China ’ s dominance a “ national security issue.
” “ China produces the ingredients found in almost every antibiotic and blood pressure medicine and @ @ @ @ @ @ @ lawmakers wrote .
The Pentagon perceived the threat last year as well , saying it viewed China ’ s drug supply dominance as a national security issue in August 2019 .
That same month , Sen. Chuck Grassley ( R-IA ) sent a letter to HHS and the FDA noting that more than 80 percent of antibiotics rely on ingredients made in China .
But with coronavirus , those worries appear to be bearing fruit .
The factory closures in China have begun to ripple down the supply chain .
The Indian government @ @ @ @ @ @ @ export capacity in anticipation of a shortage , amounting to 26 active ingredients used in pharmaceuticals .
Bloomberg cited a Mumbai-based pharmaceuticals consultant named Jagdish Gore as saying “ there will be in the short-term or midterm some shortages.
” “ The whole supply chain will be disrupted , partly from China and partly from India , ” he reportedly added .
FDA Commissioner Hahn told Congress on Tuesday that his agency had reached out to 180 manufacturers to assess the situation .
“ We ’ re working very closely to look at @ @ @ @ @ @ @ affect the medical supply chain , ” Hahn said .
But for Gibson , it ’ s a case of chickens coming home to roost .
“ It ’ s a perfect storm , ” Gibson said .
“ Production shuts down , and countries need medicine for their own people.
” Drug shortages are not unusual in the United States .
The FDA tracks shortages , with a peak of 251 new shortages in 2011 and 54 in 2018 .
As of this writing , the FDA says that a total of @ @ @ @ @ @ @ And then you add the layer of coronavirus onto it , ” Gibson added .
“ This is why we need domestic production of essential antibiotics and medicines .
”

Coronavirus’ threats may extend to our drug supply.
The U.S. does not manufacture the vast majority of its pharmaceuticals at home, instead relying on a complex global supply chain that starts off in China.
Experts and public health officials are getting jittery that mass factory closures ordered by the Chinese government have broken the delicate pharmaceutical supply chain, resulting in looming shortages of generic drugs, which account for 90 percent of the pharmaceuticals taken by Americans.
The Food and Drug Administration already announced last week that an unnamed drug is in shortage across the U.S. due to the outbreak.
“The manufacturer just notified us that this shortage is related to a site affected by coronavirus,” FDA Commissioner Stephen Hahn said in a statement at the time. “The shortage is due to an issue with manufacturing of an active pharmaceutical ingredient used in the drug.”
The problems come down to a fragile supply chain for generic drugs that winds from the U.S., through India, and onwards to China.
“This was all predictable,” Rosemary Gibson, author of the 2018 book China Rx: Exposing the Risks of America’s Dependence on China For Medicine, told TPM. “If we don’t plan and prepare, I fear for the health security of our country.”
India accounts for 24 percent of medicine imports to the U.S., according to the FDA, and around a third of imports of medicinal ingredients.
“But India depends on China for most of the core chemicals needed for their generic industry,” Gibson said.
And therein lies the problem: China is the world’s largest manufacturer of the core chemicals that make the drugs what they are, the so-called active pharmaceutical ingredients. So, the mass closure of factories in China has cut off a key portion of the flow of global drugs at the source: the active ingredients.
This issue hasn’t gone unnoticed. Reps. Adam Schiff (D-CA) and Anna Eshoo (D-CA) wrote a column in September 2010 calling China’s dominance a “national security issue.”
“China produces the ingredients found in almost every antibiotic and blood pressure medicine and hundreds of other drugs,” the lawmakers wrote.
The Pentagon perceived the threat last year as well, saying it viewed China’s drug supply dominance as a national security issue in August 2019. That same month, Sen. Chuck Grassley (R-IA) sent a letter to HHS and the FDA noting that more than 80 percent of antibiotics rely on ingredients made in China.
But with coronavirus, those worries appear to be bearing fruit.
The factory closures in China have begun to ripple down the supply chain.
The Indian government restricted around 10 percent of its pharmaceutical export capacity in anticipation of a shortage, amounting to 26 active ingredients used in pharmaceuticals.
Bloomberg cited a Mumbai-based pharmaceuticals consultant named Jagdish Gore as saying “there will be in the short-term or midterm some shortages.”
“The whole supply chain will be disrupted, partly from China and partly from India,” he reportedly added.
FDA Commissioner Hahn told Congress on Tuesday that his agency had reached out to 180 manufacturers to assess the situation.
“We’re working very closely to look at that list to determine how that will affect the medical supply chain,” Hahn said.
But for Gibson, it’s a case of chickens coming home to roost.
“It’s a perfect storm,” Gibson said. “Production shuts down, and countries need medicine for their own people.”
Drug shortages are not unusual in the United States.
The FDA tracks shortages, with a peak of 251 new shortages in 2011 and 54 in 2018. As of this writing, the FDA says that a total of 98 drugs are in shortage.
“And then you add the layer of coronavirus onto it,” Gibson added. “This is why we need domestic production of essential antibiotics and medicines.”


talkingpointsmemo--2020-03-06--How Are You Gonna Pay For That? Crisis Leaves Rural Health Care Unprepared For COVID Outbreak

It could be a perfect storm .
The coronavirus has sparked worries of pandemic , with hundreds of thousands of people around the country potentially infected in a worst-case scenario .
Compounding the problem is that some of the hospitals that most frequently treat the poorest , sickest , and oldest patients — in other words , those most susceptible to suffering from serious COVID-19 symptoms — are already in a precarious position .
Outbreaks threaten to collide with the little-noted but significant rural health care crisis that the U.S. has undergone over the past decade .
Since 2010 , @ @ @ @ @ @ @ according to statistics from the Chartis Center for Rural Health , 47 percent of rural hospitals in the U.S. were in the red in 2019 .
Coronavirus presents a unique risk to an already fragile rural health-care system : in severe cases , the illness requires intensive , long-term care that takes up beds and staff , while the level of contagion could quickly overwhelm the capacity of smaller , rural providers .
“ A situation like that would really tax our resources , ” Frank Tenorio , an assistant administrator and infection @ @ @ @ @ @ @ Hospital in eastern New Mexico , told TPM .
Absent aid from the federal government , experts told TPM , the outbreak could strain many rural hospitals that are already financially on the brink .
“ If the pandemic becomes as serious as some believe , and hits rural areas in particular , it could exacerbate the rural crisis , ” said Duane Morris partner Delphine O ’ Rourke , who advises hospitals on emergency planning .
“ Who is actually going to pay for the care ?
” Much of the problem @ @ @ @ @ @ @ hospitals operate on extremely tight margins , and serve poorer and sicker parts of the U.S. population than urban providers .
These hospitals — like Tenorio ’ s in New Mexico — predominantly rely on Medicare and Medicaid to reimburse patients , tightening the margins .
Maggie Elehwany , vice president at the National Rural Health Association , told TPM that policy changes over the years — including a provision of recent accounting standard that cut into the amount of bad debt that hospitals can write off and 2 percent cuts in Medicare @ @ @ @ @ @ @ difficult to stay afloat .
“ What we found was when states didn ’ t expand Medicaid , we ended up with people in rural America getting sick and not being covered , ” Elehwany said .
“ And even if they did have insurance , what we found was that private insurance plans on the exchanges weren ’ t working in rural America.
” The way in which government health-care plans work in rural America presents its own problems .
Gerald Kominski , a UCLA professor who studies health-care finances , pointed @ @ @ @ @ @ @ pay the least to providers , in that order , ahead of no insurance at all .
Private insurance pays the most .
The reliance on government insurance — nearly two thirds of days spent in hospitals in rural American are reimbursed by Medicare — renders these providers ’ finances far more precarious .
“ Nobody is gon na be making profits on these , it ’ s not the role of the federal programs , ” Elehwany said .
“ So you need a proper private insurer mix , and that just @ @ @ @ @ @ @ rural America.
” What was already a crisis in rural health threatens to collide head-on with growing outbreaks of coronavirus .
Part of this has to do with the kinds of illnesses that occur in poorer , rural areas .
Cases of chronic respiratory disease , for example , are 75 percent higher in rural areas than urban , while the proportion of people 65 and older is far higher .
Statistics from South Korea and other areas hit by the outbreak suggest that older patients are far more at risk of suffering @ @ @ @ @ @ @ CDC says that older people are “ twice as likely ” to have serious symptoms .
According to Liam Yore , a Seattle-area emergency room doctor stationed at hospitals treating a coronavirus outbreak and former head of the Washington Chapter of the American College of Emergency Physicians , most of the patients coming in have been older and sicker .
“ This is following a pattern where the old and infirm are getting sicker and having worse outcomes , ” he said .
Elehwany pointed out that the profile matches that of rural @ @ @ @ @ @ @ higher concentration of deaths if there are outbreaks in rural communities .
Many nursing homes are affiliated with the local hospital , for example.
” COVID 19 may worsen the financial burden in other ways as well .
Apart from the reliance on lesser paying government insurance programs , some hospitals may have to cut back on services likes elective surgeries that typically bring in cash .
“ To the extent that there are uninsured patients who show up with the disease , you can ’ t turn them away and say , @ @ @ @ @ @ @ ’ re uninsured , so that ’ s a financial stressor on the provider , ” Kominski , the UCLA professor said .
He added that one proposal — under which the federal government would “ cover the costs of people who are uninsured ” and have coronavirus — could alleviate the burden on rural providers .
But for Tenorio , the rural New Mexico assistant administrator , the problems are less financial than material .
He told TPM that in the event of a large outbreak , his hospital would discharge whatever @ @ @ @ @ @ @ additional room , before using a nearby assisted-living facility as spillover .
Elehwany emphasized that these hospitals “ are stressed already simply because of the narrow financial margins.
” “ If we don ’ t have stable rural hospitals , it ’ s gon na be a significant crisis out there .
”

It could be a perfect storm.
The coronavirus has sparked worries of pandemic, with hundreds of thousands of people around the country potentially infected in a worst-case scenario.
Compounding the problem is that some of the hospitals that most frequently treat the poorest, sickest, and oldest patients — in other words, those most susceptible to suffering from serious COVID-19 symptoms — are already in a precarious position.
Outbreaks threaten to collide with the little-noted but significant rural health care crisis that the U.S. has undergone over the past decade.
Since 2010, 126 rural hospitals have closed. And according to statistics from the Chartis Center for Rural Health, 47 percent of rural hospitals in the U.S. were in the red in 2019.
Coronavirus presents a unique risk to an already fragile rural health-care system: in severe cases, the illness requires intensive, long-term care that takes up beds and staff, while the level of contagion could quickly overwhelm the capacity of smaller, rural providers.
“A situation like that would really tax our resources,” Frank Tenorio, an assistant administrator and infection prevention officer of the 10-bed Guadalupe County Hospital in eastern New Mexico, told TPM.
Absent aid from the federal government, experts told TPM, the outbreak could strain many rural hospitals that are already financially on the brink.
“If the pandemic becomes as serious as some believe, and hits rural areas in particular, it could exacerbate the rural crisis,” said Duane Morris partner Delphine O’Rourke, who advises hospitals on emergency planning. “Who is actually going to pay for the care?”
Rural fragility
Much of the problem comes down to the fact that rural hospitals operate on extremely tight margins, and serve poorer and sicker parts of the U.S. population than urban providers. These hospitals — like Tenorio’s in New Mexico — predominantly rely on Medicare and Medicaid to reimburse patients, tightening the margins.
Maggie Elehwany, vice president at the National Rural Health Association, told TPM that policy changes over the years — including a provision of recent accounting standard that cut into the amount of bad debt that hospitals can write off and 2 percent cuts in Medicare reimbursement — have made it significantly more difficult to stay afloat.
“What we found was when states didn’t expand Medicaid, we ended up with people in rural America getting sick and not being covered,” Elehwany said. “And even if they did have insurance, what we found was that private insurance plans on the exchanges weren’t working in rural America.”
The way in which government health-care plans work in rural America presents its own problems.
Gerald Kominski, a UCLA professor who studies health-care finances, pointed out to TPM that Medicare and Medicaid pay the least to providers, in that order, ahead of no insurance at all. Private insurance pays the most.
The reliance on government insurance — nearly two thirds of days spent in hospitals in rural American are reimbursed by Medicare — renders these providers’ finances far more precarious.
“Nobody is gonna be making profits on these, it’s not the role of the federal programs,” Elehwany said. “So you need a proper private insurer mix, and that just doesn’t happen in most of rural America.”
Corona collision
What was already a crisis in rural health threatens to collide head-on with growing outbreaks of coronavirus.
Part of this has to do with the kinds of illnesses that occur in poorer, rural areas. Cases of chronic respiratory disease, for example, are 75 percent higher in rural areas than urban, while the proportion of people 65 and older is far higher.
Statistics from South Korea and other areas hit by the outbreak suggest that older patients are far more at risk of suffering serious symptoms from the illness. The CDC says that older people are “twice as likely” to have serious symptoms.
According to a Seattle-area emergency room doctor stationed at hospitals treating a coronavirus outbreak, most of the patients coming in have been older and sicker.
“This is following a pattern where the old and infirm are getting sicker and having worse outcomes,” the doctor said.
Elehwany pointed out that the profile matches that of rural areas — “we can expect a higher concentration of deaths if there are outbreaks in rural communities. Many nursing homes are affiliated with the local hospital, for example.”
COVID 19 may worsen the financial burden in other ways as well. Apart from the reliance on lesser paying government insurance programs, some hospitals may have to cut back on services likes elective surgeries that typically bring in cash.
“To the extent that there are uninsured patients who show up with the disease, you can’t turn them away and say, ‘seek care elsewhere.’ But they’re uninsured, so that’s a financial stressor on the provider,” Kominski, the UCLA professor said.
He added that one proposal — under which the federal government would “cover the costs of people who are uninsured” and have coronavirus — could alleviate the burden on rural providers.
But for Tenorio, the rural New Mexico assistant administrator, the problems are less financial than material.
He told TPM that in the event of a large outbreak, his hospital would discharge whatever patients could be discharged to open up additional room, before using a nearby assisted-living facility as spillover.
Elehwany emphasized that these hospitals “are stressed already simply because of the narrow financial margins.”
“If we don’t have stable rural hospitals, it’s gonna be a significant crisis out there.”