talkingpointsmemo--2020-04-30--Leaked Emails And A Partisan Clash: GOP Fights Whitmer On Emergency Declaration

As Michigan Gov .
Gretchen Whitmer ’ s ( D ) emergency declaration hurtles toward its expiration Thursday at midnight , Republicans are so far refusing to play ball as the governor seeks to extend it .
Bristling under what they say is Whitmer ’ s executive overreach and desiring to reopen local businesses , they spent a nine-hour session on Wednesday declining to take up the emergency extension .
For Whitmer ’ s part , she doesn ’ t think she legally needs the legislative Republicans ’ approval , maintaining that the state is under an enduring state of @ @ @ @ @ @ @ conference , she threw down the gauntlet and forwarded an email exchange , obtained by TPM , that her staff was having with the Senate Majority Leader to local news outlets .
During the conversation , Senator Mike Shirkey ’ s chief of staff ( R ) proposed a trade .
“ The following is what we propose : two one-week extensions in exchange for a public agreement that all future stay-at-home-type orders ( and only those ) be enacted through bipartisan legislation and the democratic process rather than executive order , ” @ @ @ @ @ @ @ Whitmer ’ s staff replied with a message from the governor .
“ While I welcome partnership , information sharing and robust discussion with the legislature , I can not abrogate my duty to act in an emergency to protect the lives of Michiganders , ” it read .
“ We are in the midst of a global pandemic that has already killed 3,670 people and COVID 19 numbers continue to climb in parts of our state .
Michigan remains in a state of emergency regardless of the actions you decide to take @ @ @ @ @ @ @ Shirley said that he was “ very disappointed ” about the governor ’ s decision to make the emails public .
“ If there was any interest in his caucus working with the governor , it has evaporated , ” spokeswoman Amber McCann told Michigan Live .
At her press conference , Whitmer was unabashed .
“ The Republicans in the legislature want to negotiate opening up sectors of the economy , ” she said .
“ They are acting as though we are in the midst of a political problem.
” “ @ @ @ @ @ @ @ other legislature in the country that has just decided to declare that the global pandemic that killed 103 Michiganders since yesterday is over , ” she added .
“ It is not over .
We remain in a state of emergency until the order is rescinded , and I do not have any intention of rescinding that right now.
” The legislature is in session Thursday , though it is unclear if the negotiations are still viable .
A spokesman for House Speaker Lee Chatfield ( R ) took an optimistic tone in @ @ @ @ @ @ @ House is still willing to work with the governor and negotiate for common-sense changes to help families who are struggling during this pandemic , ” said spokesman Gideon D ’ Assandro , though he also qualified Whitmer ’ s executive orders as “ unfair ” and “ outliers ” in the national landscape .
Chatfield has also previously indicated that the legislature would consider legal action if Whitmer continues to act without the lawmakers ’ approval .
Part of the issue causing confusion and possible court action is that there are two conflicting @ @ @ @ @ @ @ legislative Republicans are respectively citing as evidence of their authority .
One , the “ Emergency Powers of Governor ” enacted in 1945 , imbues the governor with broad powers after declaring a state of emergency .
It has no time limit , but grants Whitmer such powers in “ times of great public crisis , disaster , rioting , catastrophe , or similar public emergency within the state , or reasonable apprehension of immediate danger of a public emergency of that kind , when public safety is imperiled.
” Senate Republicans voted @ @ @ @ @ @ @ purely symbolic move .
The legislature is instead citing the “ Emergency Management Act ” of 1976 to make its case .
It also grants the governor wide powers , but adds the caveat that the state of emergency can only last 28 days .
After that , the governor must get legislative approval for an extension .
Meanwhile , the governor ’ s stay-at-home order doesn ’ t expire until May 15 , possibly giving Republicans fodder to argue that the order is invalid without a legislatively-extended state of emergency .
Protesters @ @ @ @ @ @ @ outside the state capitol Thursday afternoon calling for “ freedom ” from Whitmer ’ s stay-at-home order .
Some of them temporarily entered the building .
In a picture taken by Sen. Dayna Polehanki ( D ) , a few men could be seen holding guns .
The protesters had been removed from the building and the lawn a few hours after the protests surrounding the capitol began , the Clerk of the House ’ s office told TPM .
So far , there have been 40,399 confirmed cases of COVID-19 in the @ @ @ @ @ @ @ died .
“ This is not a political problem , it ’ s a public health crisis , ” said Whitmer Wednesday .
“ We ’ ve already lost over 3,700 Michiganders — that ’ s more than we lost in Vietnam.
” This story has been updated with the email exchange between staff of Gov .
Whitmer and the Senate Majority Leader , as well as details from the protest at the capitol .

As Michigan Gov. Gretchen Whitmer’s (D) emergency declaration hurtles toward its expiration Thursday at midnight, Republicans are so far refusing to play ball as the governor seeks to extend it.
Bristling under what they say is Whitmer’s executive overreach and desiring to reopen local businesses, they spent a nine-hour session on Wednesday declining to take up the emergency extension.
For Whitmer’s part, she doesn’t think she legally needs the legislative Republicans’ approval, maintaining that the state is under an enduring state of emergency.
Just before her Wednesday press conference, she threw down the gauntlet and forwarded an email exchange, obtained by TPM, that her staff was having with the Senate Majority Leader to local news outlets.
During the conversation, Senator Mike Shirkey’s chief of staff (R) proposed a trade.
“The following is what we propose: two one-week extensions in exchange for a public agreement that all future stay-at-home-type orders (and only those) be enacted through bipartisan legislation and the democratic process rather than executive order,” wrote chief of staff Jeremy Hendges.
Whitmer’s staff replied with a message from the governor.
“While I welcome partnership, information sharing and robust discussion with the legislature, I cannot abrogate my duty to act in an emergency to protect the lives of Michiganders,” it read. “We are in the midst of a global pandemic that has already killed 3,670 people and COVID 19 numbers continue to climb in parts of our state. Michigan remains in a state of emergency regardless of the actions you decide to take or not take.”
A spokesperson for Shirley said that he was “very disappointed” about the governor’s decision to make the emails public. “If there was any interest in his caucus working with the governor, it has evaporated,” spokeswoman Amber McCann told Michigan Live.
At her press conference, Whitmer was unabashed.
“The Republicans in the legislature want to negotiate opening up sectors of the economy,” she said. “They are acting as though we are in the midst of a political problem.”
“I don’t know of any other legislature in the country that has just decided to declare that the global pandemic that killed 103 Michiganders since yesterday is over,” she added. “It is not over. We remain in a state of emergency until the order is rescinded, and I do not have any intention of rescinding that right now.”
The legislature is in session Thursday, though it is unclear if the negotiations are still viable.
A spokesman for House Speaker Lee Chatfield (R) took an optimistic tone in a statement to TPM.
“The House is still willing to work with the governor and negotiate for common-sense changes to help families who are struggling during this pandemic,” said spokesman Gideon D’Assandro, though he also qualified Whitmer’s executive orders as “unfair” and “outliers” in the national landscape.
Chatfield has also previously indicated that the legislature would consider legal action if Whitmer continues to act without the lawmakers’ approval.
Part of the issue causing confusion and possible court action is that there are two conflicting state laws that the governor and the legislative Republicans are respectively citing as evidence of their authority.
One, the “Emergency Powers of Governor” enacted in 1945, imbues the governor with broad powers after declaring a state of emergency. It has no time limit, but grants Whitmer such powers in “times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the state, or reasonable apprehension of immediate danger of a public emergency of that kind, when public safety is imperiled.” Senate Republicans voted to repeal it last week in a purely symbolic move.
The legislature is instead citing the “Emergency Management Act” of 1976 to make its case. It also grants the governor wide powers, but adds the caveat that the state of emergency can only last 28 days. After that, the governor must get legislative approval for an extension.
Meanwhile, the governor’s stay-at-home order doesn’t expire until May 15, possibly giving Republicans fodder to argue that the order is invalid without a legislatively-extended state of emergency.
Protesters, siding with the Republicans, gathered outside the state capitol Thursday afternoon calling for “freedom” from Whitmer’s stay-at-home order. Some of them temporarily entered the building. In a picture taken by Sen. Dayna Polehanki (D), a few men could be seen holding guns. The protesters had been removed from the building and the lawn a few hours after the protests surrounding the capitol began, the Clerk of the House’s office told TPM.
So far, there have been 40,399 confirmed cases of COVID-19 in the state. At least 3,670 people have died.
“This is not a political problem, it’s a public health crisis,” said Whitmer Wednesday. “We’ve already lost over 3,700 Michiganders — that’s more than we lost in Vietnam.”
This story has been updated with the email exchange between staff of Gov. Whitmer and the Senate Majority Leader, as well as details from the protest at the capitol.


talkingpointsmemo--2020-04-30--Maryland Guv Using National Guard To Keep Feds From Seizing COVID-19 Tests

Maryland Gov .
Larry Hogan ( R ) is hiding something , somewhere .
In a video interview with the Washington Post , Hogan said that he had enlisted the National Guard and State Police to protect 500,000 COVID-19 tests he had procured from South Korea from potential seizure by the feds .
“ The National Guard and the State Police are both guarding these tests at an undisclosed location , ” Hogan said .
Hogan said the decision to hide the precious tests was motivated in part by reports that the federal government had been confiscating shipments sent to @ @ @ @ @ @ @ There had been reports of , for example in Massachusetts , Governor Charlie Baker ( R ) told the story of his planeload coming in , getting confiscated by the federal government , ” the Maryland governor said .
Hogan ’ s remarks come amid reports from around the country over the past month that federal authorities have seized personal protective equipment ( PPE ) as it enters the country .
TPM profiled one case , in which the importer was able to convince the feds to not act on a Defense Production @ @ @ @ @ @ @ order to take possession of a shipment of masks .
Hogan has said that he managed to secure the 500,000 tests thanks to help from his wife , who is originally from South Korea and purportedly called the country ’ s ambassador to the U.S. for help .
The Maryland governor said that the state arranged for a Korean Air plane to land at Baltimore-Washington International Airport to prevent the shipment from having to cross state lines .
“ We landed it there with a large contingent of Maryland National Guard and Maryland @ @ @ @ @ @ @ “ It was like Fort Knox to us.
” Hogan , a Republican governor in charge of an otherwise blue state , has found himself among the governors locked in public feuds with President Trump over the White House ’ s mismanagement of the pandemic .
“ We guarded that cargo from whoever might interfere with us getting that to folks who need it , ” Hogan said .

Maryland Gov. Larry Hogan (R) is hiding something, somewhere.
In a video interview with the Washington Post, Hogan said that he had enlisted the National Guard and State Police to protect 500,000 COVID-19 tests he had procured from South Korea from potential seizure by the feds.
“The National Guard and the State Police are both guarding these tests at an undisclosed location,” Hogan said.
Hogan said the decision to hide the precious tests was motivated in part by reports that the federal government had been confiscating shipments sent to other states, like Massachusetts.
“There had been reports of, for example in Massachusetts, Governor Charlie Baker (R) told the story of his planeload coming in, getting confiscated by the federal government,” the Maryland governor said.
Hogan’s remarks come amid reports from around the country over the past month that federal authorities have seized personal protective equipment (PPE) as it enters the country. TPM profiled one case, in which the importer was able to convince the feds to not act on a Defense Production Act order the government had received in order to take possession of a shipment of masks.
Hogan has said that he managed to secure the 500,000 tests thanks to help from his wife, who is originally from South Korea and purportedly called the country’s ambassador to the U.S. for help.
The Maryland governor said that the state arranged for a Korean Air plane to land at Baltimore-Washington International Airport to prevent the shipment from having to cross state lines.
“We landed it there with a large contingent of Maryland National Guard and Maryland State Police,” Hogan said. “It was like Fort Knox to us.”
Hogan, a Republican governor in charge of an otherwise blue state, has found himself among the governors locked in public feuds with President Trump over the White House’s mismanagement of the pandemic.
“We guarded that cargo from whoever might interfere with us getting that to folks who need it,” Hogan said.


talkingpointsmemo--2020-04-30--Why The Latest Flynn Entrapment Claims Are As Bogus As The Last Ones

The pandemic has changed many things , but it has not changed Michael Flynn ’ s habit of overhyping claims of FBI entrapment and prosecutorial misconduct .
In recent days , Flynn ’ s lawyers and the judge overseeing the case have made public internal FBI notes and communications that Flynn claims show that he was “ deliberately set up and framed by corrupt agents at the top of the FBI.
” Flynn ’ s lawyers are putting forward the documents as they seek a dismissal of Flynn ’ s case , while also asking that he be allowed withdraw @ @ @ @ @ @ @ way the documents suggest that FBI officials discussed the case and made adjustments to their plans is typical of criminal investigations , former federal prosecutors told TPM , even if seeing these internal discussions put in writing isn ’ t as common .
More importantly , the documents don ’ t make the false statements Flynn pleaded guilty to — lying to the FBI about his conversations with then-Russian ambassador Sergey Kislyak — any less false .
Nor are they the kinds of documents that prosecutors were legally obligated to produce for Flynn @ @ @ @ @ @ @ turned over as part of a review of the case ordered by Attorney General Bill Barr .
Flynn ’ s allies have seized on the materials to promote their unsubstantiated claims , which were amplified by President Trump himself .
The conspiracy theories may give Trump the cover he wants to pardon Flynn , but , as for the claims Flynn was making in court the about documents , legal experts were less than impressed .
“ These Flynn ’ s lawyers don ’ t have a legal argument , instead they have @ @ @ @ @ @ @ a defense attorney and former federal prosecutor , told TPM .
“ It ’ s just adjectives and adverbs strung together , with the exclamation points implied .
It ’ s ridiculous.
” Some of the notes , which appear to have been taken by then-counterintelligence associate director Bill Priestap , lay out different scenarios for how an interview with Flynn might unfold and whether the agents should confront him directly with evidence he ’ s lying .
The docs also include emails among FBI officials discussing whether to remind Flynn during the @ @ @ @ @ @ @ a crime ( the interviewing agents ultimately did not ) , as well as texts about keeping the Flynn investigation open , after an early January 2017 memo indicated it was being closed .
Though some is redacted , it ’ s clear from the documents that the FBI agents went into the interview anticipating that Flynn might lie about his Kislyak conversations and that they had information that proved he was lying .
But that foresight doesn ’ t vindicate Flynn of the conduct he pleaded guilty to , former prosecutors said @ @ @ @ @ @ @ you ’ re lying , lying to the government is a crime , ” Harry Sandick , a defense attorney who previously worked in the Manhattan U.S. Attorney ’ s Office , said .
False statements , even if the government knows they ’ re false , are still criminal as long as their material to the investigation .
“ That ’ s not just the law for Michael Flynn , that ’ s the law for everyone , ” Sandick said .
Likewise , the FBI had no legal obligation to remind @ @ @ @ @ @ @ a crime , even if for policy reasons agents might choose to issue such warnings in certain situations .
“ Someone of Michael Flynn ’ s stature most certainly knows he can ’ t lie to the FBI , ” Barbara McQuade , a former U.S. attorney who now teaches at the University of Michigan Law School , told TPM .
‘ It Doesn ’ t Have To Be Turned Over ’ Flynn ’ s lawyers said special counsel Robert Mueller ’ s team committed “ malfeasance ” for deciding to prosecute Flynn @ @ @ @ @ @ @ The defense alleges that the feds “ deliberately suppressed this evidence from the inception of this prosecution—knowing there was no crime by Mr. Flynn.
” But nothing in the documents released this week were exculpatory , former prosecutors told TPM , meaning that they do not exonerate Flynn of allegations — which he previously admitted under oath — that he lied to the FBI agents about his Russian contacts .
“ If it ’ s not exculpatory , it doesn ’ t have to be turned over , ” Sandick said .
U.S. @ @ @ @ @ @ @ , including from Flynn ’ s legal team , for how he dealt with prosecutorial misconduct in a past case where the government improperly hid evidence from the defendant , former Sen. Ted Stevens ( R-AK ) .
But former federal prosecutors were highly skeptical that Sullivan would reach a similar conclusion here , even if his pro-defense tendencies might have him asking prosecutors about the documents that have been made public .
Sullivan rejected Flynn ’ s previous claims of prosecutorial misconduct after giving them a full public airing .
While the @ @ @ @ @ @ @ ’ s notes obviously fueled the latest round of anti-FBI allegations in right wing media , he may have also released the notes to show that there was no there there to back the claims Flynn ’ s team had made in the public filings last week .
“ You may read it as ‘ well , he was so concerned that wanted the world to see what this was , ’ or he wanted the world to see that the statements of the defense team — that this was stunning , that @ @ @ @ @ @ @ were so clearly untrue , ” McQuade said .

The pandemic has changed many things, but it has not changed Michael Flynn’s habit of overhyping claims of FBI entrapment and prosecutorial misconduct.
In recent days, Flynn’s lawyers and the judge overseeing the case have made public internal FBI notes and communications that Flynn claims show that he was “deliberately set up and framed by corrupt agents at the top of the FBI.”
Flynn’s lawyers are putting forward the documents as they seek a dismissal of Flynn’s case, while also asking that he be allowed withdraw his December 2017 plea.
But the way the documents suggest that FBI officials discussed the case and made adjustments to their plans is typical of criminal investigations, former federal prosecutors told TPM, even if seeing these internal discussions put in writing isn’t as common.
More importantly, the documents don’t make the false statements Flynn pleaded guilty to — lying to the FBI about his conversations with then-Russian ambassador Sergey Kislyak — any less false. Nor are they the kinds of documents that prosecutors were legally obligated to produce for Flynn’s lawyers.
They were instead turned over as part of a review of the case ordered by Attorney General Bill Barr. Flynn’s allies have seized on the materials to promote their unsubstantiated claims, which were amplified by President Trump himself. The conspiracy theories may give Trump the cover he wants to pardon Flynn, but, as for the claims Flynn was making in court the about documents, legal experts were less than impressed.
“These Flynn’s lawyers don’t have a legal argument, instead they have a thesaurus,” Patrick Cotter, a defense attorney and former federal prosecutor, told TPM. “It’s just adjectives and adverbs strung together, with the exclamation points implied. It’s ridiculous.”
‘That’s The Law For Everyone’
Some of the notes, which appear to have been taken by then-counterintelligence associate director Bill Priestap, lay out different scenarios for how an interview with Flynn might unfold and whether the agents should confront him directly with evidence he’s lying. The docs also include emails among FBI officials discussing whether to remind Flynn during the interview that lying to the FBI is a crime (the interviewing agents ultimately did not), as well as texts about keeping the Flynn investigation open, after an early January 2017 memo indicated it was being closed.
Though some is redacted, it’s clear from the documents that the FBI agents went into the interview anticipating that Flynn might lie about his Kislyak conversations and that they had information that proved he was lying. But that foresight doesn’t vindicate Flynn of the conduct he pleaded guilty to, former prosecutors said.
“Even if the government knows you’re lying, lying to the government is a crime,” Harry Sandick, a defense attorney who previously worked in the Manhattan U.S. Attorney’s Office, said. False statements, even if the government knows they’re false, are still criminal as long as their material to the investigation.
“That’s not just the law for Michael Flynn, that’s the law for everyone,” Sandick said.
Likewise, the FBI had no legal obligation to remind Flynn that lying to the FBI is a crime, even if for policy reasons agents might choose to issue such warnings in certain situations.
“Someone of Michael Flynn’s stature most certainly knows he can’t lie to the FBI,” Barbara McQuade, a former U.S. attorney who now teaches at the University of Michigan Law School , told TPM.
‘It Doesn’t Have To Be Turned Over’
Flynn’s lawyers said special counsel Robert Mueller’s team committed “malfeasance” for deciding to prosecute Flynn despite being aware of these documents. The defense alleges that the feds “deliberately suppressed this evidence from the inception of this prosecution—knowing there was no crime by Mr. Flynn.”
But nothing in the documents released this week were exculpatory, former prosecutors told TPM, meaning that they do not exonerate Flynn of allegations — which he previously admitted under oath — that he lied to the FBI agents about his Russian contacts.
“If it’s not exculpatory, it doesn’t have to be turned over,” Sandick said.
U.S. District Judge Emmet Sullivan has earned praise, including from Flynn’s legal team, for how he dealt with prosecutorial misconduct in a past case where the government improperly hid evidence from the defendant, former Sen. Ted Stevens (R-AK). But former federal prosecutors were highly skeptical that Sullivan would reach a similar conclusion here, even if his pro-defense tendencies might have him asking prosecutors about the documents that have been made public.
Sullivan rejected Flynn’s previous claims of prosecutorial misconduct after giving them a full public airing.
While the judge’s decision to unseal Priestap’s notes obviously fueled the latest round of anti-FBI allegations in right wing media, he may have also released the notes to show that there was no there there to back the claims Flynn’s team had made in the public filings last week.
“You may read it as ‘well, he was so concerned that wanted the world to see what this was,’ or he wanted the world to see that the statements of the defense team — that this was stunning, that he was framed and set up — were so clearly untrue,” McQuade said.


talkingpointsmemo--2020-04-30--Trump Claims There’s ‘Tremendous Pent-Up Demand’ That’ll Boost Economy Because ‘I Feel It’

Though tens of millions of Americans are getting laid off thanks to COVID-19 , President Donald Trump claimed on Thursday @ @ @ @ @ pent-up demand ” that will lead to a “ spectacular ” economy next year because @ @ @ @ @ feels .
“ I ’ ll tell you what : I feel it , ” @ @ @ @ @ .
Phil Murphy ( D ) and reporters in the Oval Office .
“ And @ @ @ @ @ next year is going to be a spectacular year in terms of growth , in @ @ @ @ @ back , ” he continued .
“ I think we are going to have a @ @ @ @ @ U.S. economy has taken a major hit from the COVID-19 pandemic , and unemployment has @ @ @ @ @ of job losses .
The Labor Department reported on Thursday that 3,839,000 unemployment claims were @ @ @ @ @ the total number of claims over the past six weeks up to about 30 million @

Though tens of millions of Americans are getting laid off thanks to COVID-19, President Donald Trump claimed on Thursday that there is “tremendous pent-up demand” that will lead to a “spectacular” economy next year because that’s what he feels.
“I’ll tell you what: I feel it,” Trump told New Jersey Gov. Phil Murphy (D) and reporters in the Oval Office.
“And I will say I think next year is going to be a spectacular year in terms of growth, in terms of bringing our country back,” he continued. “I think we are going to have a really good year.”
The U.S. economy has taken a major hit from the COVID-19 pandemic, and unemployment has skyrocketed to Great Depression levels of job losses.
The Labor Department reported on Thursday that 3,839,000 unemployment claims were filed last week, bringing the total number of claims over the past six weeks up to about 30 million.
Watch Trump below:


talkingpointsmemo--2020-04-30--NYC Closing Subway System Overnight To Clean Trains Amid COVID-19 Pandemic

Subway riders , wearing personal protective equipment due to COVID-19 concerns , step off a train , Tuesday , April @ @ @ @ @ New York .
The new coronavirus causes mild or moderate symptoms for most people , @ @ @ @ @ riders , wearing personal protective equipment due to COVID-19 concerns , step off a train @ @ @ @ @ , 2020 , in New York .
The new coronavirus causes mild or moderate symptoms @ @ @ @ @ for some , especially older adults and people with existing health problems , it can @ @ @ @ @ death .
( AP Photo/John Minchillo )

Subway riders, wearing personal protective equipment due to COVID-19 concerns, step off a train, Tuesday, April 7, 2020, in New York. The new coronavirus causes mild or moderate symptoms for most people, but for some...
Subway riders, wearing personal protective equipment due to COVID-19 concerns, step off a train, Tuesday, April 7, 2020, in New York. The new coronavirus causes mild or moderate symptoms for most people, but for some, especially older adults and people with existing health problems, it can cause more severe illness or death. (AP Photo/John Minchillo)
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talkingpointsmemo--2020-04-30--Fox Host Shuts Down Her Colleague’s Complaints About Stay-At-Home Orders

In a rare moment of friction between Fox News personalities , “ Fox and Friends ” co-hosts Ainsley Earhardt and Brian Kilmeade clashed on Thursday morning over states ’ efforts to maintain social distancing during the COVID-19 outbreak .
Earhardt defended Newport Beach City Council ’ s decision to deploy police officers to disperse the type of enormous crowds seen at the California beach this past weekend , while Kilmeade railed against the move and accused governors of “ overreaching ” with their stay-at-home orders .
“ The problem is , though , Brian , they started to seeing more @ @ @ @ @ @ @ weekend , after those images were released in California , with corona , ” Earhardt told her co-host .
She also defended the governors who “ have to make tough decisions ” to keep the virus from spreading by requiring non-essential workers to stay home .
“ And then you have people like my mom , [ who ] is very sick , ” Earhardt added .
“ And as much as I want to go out , I still want everyone to play by the rules because when I finally do get @ @ @ @ @ @ @ I don ’ t want— ” “ But is your mom going to the beach ?
” Kilmeade interrupted .
“ But is your mom going to the beach ?
” “ No , but Brian , eventually she ’ s going to be around family again , ” his colleague replied .
“ I understand both sides .
I really do , ” she continued .
“ I just don ’ t want a resurgence of this .
I just don ’ t want us to go through all of this .
@ @ @ @ @ @ @ at different levels.
” Earhardt ’ s support of social distancing measures sets her apart from many of her fellow hosts and pundits at Fox News , who have been faithfully rallying around President Donald Trump ’ s calls for an end to stay-at-home orders .

In a rare moment of friction between Fox News personalities, “Fox and Friends” co-hosts Ainsley Earhardt and Brian Kilmeade clashed on Thursday morning over states’ efforts to maintain social distancing during the COVID-19 outbreak.
Earhardt defended Newport Beach City Council’s decision to deploy police officers to disperse the type of enormous crowds seen at the California beach this past weekend, while Kilmeade railed against the move and accused governors of “overreaching” with their stay-at-home orders.
“The problem is, though, Brian, they started to seeing more people go to the hospitals after that weekend, after those images were released in California, with corona,” Earhardt told her co-host.
She also defended the governors who “have to make tough decisions” to keep the virus from spreading by requiring non-essential workers to stay home.
“And then you have people like my mom, [who] is very sick,” Earhardt added. “And as much as I want to go out, I still want everyone to play by the rules because when I finally do get to go home to visit her, I don’t want—”
“But is your mom going to the beach?” Kilmeade interrupted. “But is your mom going to the beach?”
“No, but Brian, eventually she’s going to be around family again,” his colleague replied.
“I understand both sides. I really do,” she continued. “I just don’t want a resurgence of this. I just don’t want us to go through all of this. It’s been hard for everyone at different levels.”
Earhardt’s support of social distancing measures sets her apart from many of her fellow hosts and pundits at Fox News, who have been faithfully rallying around President Donald Trump’s calls for an end to stay-at-home orders.
Watch the exchange below:


talkingpointsmemo--2020-05-01--A Mysterious, COVID-Linked Surge In Heart Symptoms Has Forced Cardiologists To Adapt

It took years .
But doctors had nailed down , to the second , how to treat heart attack patients as quickly as possible .
Ambulance crews would radio ahead to the hospital that they were treating someone with a heart attack .
The patient would never see the inside of an emergency room , and instead would be whisked away straight to a catheterization table , where doctors would decide whether to install a stent .
“ Time is heart muscle , ” Martha Gulati , chief of cardiology at the University of Arizona , told TPM .
Apart @ @ @ @ @ @ @ ravaging of the respiratory system , significant numbers of COVID-19 patients arrive at hospitals with serious heart problems , many of which first appear to be those of a heart attack but turn out to be symptoms of the coronavirus or the body ’ s response to it .
So doctors on the frontline of the COVID-19 pandemic have adapted , relying on new medical research from foreign hotspots like Wuhan and Lombardy to contend with how little we still know about the virus itself .
Many hospital cardiology departments , for example @ @ @ @ @ @ @ attack patients with suspected COVID-19 into their ERs to first determine whether they have contracted the virus before moving “ them back into the cardiac care path , ” Thomas Maddox , chair of the American College of Cardiology ’ s Science and Quality Committee , told TPM .
He added that in hotspots like New York City , hospitals had “ moved to a lower threshold : to test , and wait until it comes back , before doing anything with the patient.
” Maddox described the dilemma to TPM as a @ @ @ @ @ @ @ one hand , treating a COVID patient presenting heart symptoms as if he had a heart attack could expose the doctor .
On the other , treating all patients as if they were infected with COVID could deprive those suffering from heart attacks of precious minutes .
“ It ’ s been so hard to solve , ” Maddox added .
“ Because , at the same time , you don ’ t want to take somebody who is short of breath because they ’ re having a heart attack and delay their @ @ @ @ @ @ @ COVID unit , and miss the opportunity to help out their heart.
” The symptoms appear in different ways , experts told TPM .
Some patients struggle with massive blood clots that course throughout their body , while others have severely inflamed hearts .
Others still face organ failure amid spiraling blood oxygen levels .
“ There ’ s not an easy way to tell , though , if they ’ re presenting so much like a heart attack , ” Gulati told TPM .
“ We ’ re seeing reports of myocardial @ @ @ @ @ @ @ often they aren ’ t always having blockages of the coronary arteries that we traditionally expect.
” She added that , in COVID-19 patients , lack of blood oxygen can creep up fast , overtaxing the heart .
“ They are sitting there talking to you , and suddenly they go incredibly bad , ” Gulati said , speaking of patients with dangerously low blood oxygen levels .
“ That is a big demand on the heart , if the heart is not getting enough oxygen , and the organs aren ’ t @ @ @ @ @ @ @ , everything is compromised.
” The lack of knowledge around COVID-19 and its symptoms can complicate diagnosis after death , as well .
Preliminary mortality data released by the Centers for Disease Control suggests that , as the pandemic peaked in New York City , the number of people dying due to what the CDC classifies as “ diseases of the heart ” also peaked .
The data suggests that deaths related to heart problems went from an average of 350 per week to a peak of 1,558 in the week ending April @ @ @ @ @ @ @ to do with cause of death being difficult to determine in cases where hospitals are overtaxed , and medical examiners using sudden cardiac death to describe cases where the true cause of death was unknown .
But it may also be a reflection of of what Sahil Parikh , a cardiologist at Columbia University Irving Medical Center in Manhattan , described to TPM as “ direct and indirect effects of COVID-19 ” on the heart .
The heart symptoms of COVID-19 initially snuck up on doctors in Wuhan and Europe , who issued @ @ @ @ @ @ @ in the U.S. Parikh told TPM that the foreign medical reports gave the city ’ s hospitals and doctors an edge in treatment .
That lead , Parikh said , allowed hospitals to begin treating people presenting with heart attacks in March as actually suffering from COVID-19 .
“ It was relatively early along , and that ’ s due to us not being the first in the world to experience this disease , ” Parikh told TPM .
“ So pretty rapidly as this was starting to rise in frequency , our @ @ @ @ @ @ @ to appreciate that we had to come up with a different strategy.
” Maddox , the American College of Cardiology committee chair , told TPM that his organization had arranged webinars with doctors in China and Italy “ We ’ ve been able to anticipate better , ” Maddox said .
“ We ’ re more finely tuned in the complications that come with this and not be as flummoxed.
” He added that the webinars yielded useful , early information , including about cases where patients on ventilators faced serious heart issues @ @ @ @ @ @ @ “ They weren ’ t having a traditional heart attack , you weren ’ t sure why it was happening , ” Maddox said , adding that a conclusive explanation for the phenomenon remains elusive .
Parikh said that his hospital had temporarily ended processes designed to get heart attack patients onto a catheterization table as quickly as possible because “ so many patients present with atypical symptoms.
” “ They might look like they ’ re having a heart attack , and we might realize that its COVID-19 with heart attack manifestations @ @ @ @ @ @ @ we could spare the patient an unnecessary procedure , and protect the patient and us from unnecessary exposure.
” Many people already afflicted with heart-related illnesses remain wary of coming into hospitals for regular treatment for fear of being infected with COVID-19 .
That may also partially account for the surge in heart-disease related deaths in New York .
Others find themselves experiencing heart-related symptoms and fail to recognize it as COVID-19 .
“ People expected this to be like the flu , ” Parikh said .

It took years. But doctors had nailed down, to the second, how to treat heart attack patients as quickly as possible.
Ambulance crews would radio ahead to the hospital that they were treating someone with a heart attack. The patient would never see the inside of an emergency room, and instead would be whisked away straight to a catheterization table, where doctors would decide whether to install a stent.
“Time is heart muscle,” Martha Gulati, chief of cardiology at the University of Arizona, told TPM.
Then COVID-19 hit.
Apart from the disease’s more well-known ravaging of the respiratory system, significant numbers of COVID-19 patients arrive at hospitals with serious heart problems, many of which first appear to be those of a heart attack but turn out to be symptoms of the coronavirus or the body’s response to it.
So doctors on the frontline of the COVID-19 pandemic have adapted, relying on new medical research from foreign hotspots like Wuhan and Lombardy to contend with how little we still know about the virus itself. Many hospital cardiology departments, for example, have begun to take potential heart attack patients with suspected COVID-19 into their ERs to first determine whether they have contracted the virus before moving “them back into the cardiac care path,” Thomas Maddox, chair of the American College of Cardiology’s Science and Quality Committee, told TPM.
He added that in hotspots like New York City, hospitals had “moved to a lower threshold: to test, and wait until it comes back, before doing anything with the patient.”
Maddox described the dilemma to TPM as a decision between bad variables. On the one hand, treating a COVID patient presenting heart symptoms as if he had a heart attack could expose the doctor. On the other, treating all patients as if they were infected with COVID could deprive those suffering from heart attacks of precious minutes.
“It’s been so hard to solve,” Maddox added. “Because, at the same time, you don’t want to take somebody who is short of breath because they’re having a heart attack and delay their treatment because you send them to a COVID unit, and miss the opportunity to help out their heart.”
The symptoms appear in different ways, experts told TPM. Some patients struggle with blood clots that course throughout their body, while others have severely inflamed hearts. Others still face organ failure amid spiraling blood oxygen levels.
“There’s not an easy way to tell, though, if they’re presenting so much like a heart attack,” Gulati told TPM. “We’re seeing reports of myocardial infarction when they have COVID-19, but often they aren’t always having blockages of the coronary arteries that we traditionally expect.”
She added that, in COVID-19 patients, lack of blood oxygen can creep up fast, overtaxing the heart.
“They are sitting there talking to you, and suddenly they go incredibly bad,” Gulati said, speaking of patients with dangerously low blood oxygen levels. “That is a big demand on the heart, if the heart is not getting enough oxygen, and the organs aren’t getting enough oxygen. As a result, everything is compromised.”
The lack of knowledge around COVID-19 and its symptoms can complicate diagnosis after death, as well.
Preliminary mortality data released by the Centers for Disease Control suggests that, as the pandemic peaked in New York City, the number of people dying due to what the CDC classifies as “diseases of the heart” also peaked.
The data suggests that deaths related to heart problems went from an average of 350 per week to a peak of 1,558 in the week ending April 11.
Part of that may have to do with cause of death being difficult to determine in cases where hospitals are overtaxed, and medical examiners using sudden cardiac death to describe cases where the true cause of death was unknown.
But it may also be a reflection of of what Sahil Parikh, a cardiologist at Columbia University Irving Medical Center in Manhattan, described to TPM as “direct and indirect effects of COVID-19” on the heart.
The heart symptoms of COVID-19 initially snuck up on doctors in Wuhan and Europe, who issued preliminary medical studies that were read widely in the U.S.
Parikh told TPM that the foreign medical reports gave the city’s hospitals and doctors an edge in treatment.
That lead, Parikh said, allowed hospitals to begin treating people presenting with heart attacks in March as actually suffering from COVID-19.
“It was relatively early along, and that’s due to us not being the first in the world to experience this disease,” Parikh told TPM. “So pretty rapidly as this was starting to rise in frequency, our teams locally and our national societies began to appreciate that we had to come up with a different strategy.”
Maddox, the American College of Cardiology committee chair, told TPM that his organization had arranged webinars with doctors in China and Italy
“We’ve been able to anticipate better,” Maddox said. “We’re more finely tuned in the complications that come with this and not be as flummoxed.”
He added that the webinars yielded useful, early information, including about cases where patients on ventilators faced serious heart issues after being taken off the devices.
“They weren’t having a traditional heart attack, you weren’t sure why it was happening,” Maddox said, adding that a conclusive explanation for the phenomenon remains elusive.
Parikh said that his hospital had temporarily ended processes designed to get heart attack patients onto a catheterization table as quickly as possible because “so many patients present with atypical symptoms.”
“They might look like they’re having a heart attack, and we might realize that its COVID-19 with heart attack manifestations,” he said. “So we could spare the patient an unnecessary procedure, and protect the patient and us from unnecessary exposure.”
Many people already afflicted with heart-related illnesses remain wary of coming into hospitals for regular treatment for fear of being infected with COVID-19. That may also partially account for the surge in heart-disease related deaths in New York. Others find themselves experiencing heart-related symptoms and fail to recognize it as COVID-19.
“People expected this to be like the flu,” Parikh said.
Charts compiled and designed by Jacob Harris and Christine Frapech.


talkingpointsmemo--2020-05-01--MO GOP Won’t Let Pandemic Stop Push For Anti-Immigrant Redistricting Overhaul

Missouri remains under a COVID-19 stay-at-home order .
But that didn ’ t stop GOP legislators who returned to the capitol this week from reviving a measure that would shore up their political power .
The Missouri House is considering a constitutional amendment that would usher in an anti-immigrant approach to redistricting .
The proposal is packaged with several others that would water down an anti-gerrymandering initiative voters approved in 2018 .
The House has until May 15 to pass the new measure , in order to put it on the ballot in the fall elections .
Since the so-called @ @ @ @ @ @ @ passed by voters in 2018 , lawmakers have tried to get on the 2020 ballot a measure that would undo its key provisions .
But their interest in diminishing the political power of immigrant communities predated the approval of the “ Clean Missouri ” measure .
Since at least 2018 Missouri Republicans have tried to change redistricting so that maps are drawn based on the number of citizens , rather than total population .
The failed 2018 proposal to do so came as the Trump administration was trying to do add a citizenship @ @ @ @ @ @ @ metric that ’ s used to draw legislative maps has been a longstanding goal of the GOP .
Doing so “ would be advantageous to Republicans and Non-Hispanic Whites , ” as a now deceased GOP gerrymandering guru , who pushed for the census citizenship question , once wrote .
It would mean that parts of the country with relatively few noncitizens — i.e .
whiter , rural and more Republican regions — would get more representatives while those with higher noncitizen rates — including urban , Democratic-leaning areas — would get fewer @ @ @ @ @ @ @ this overhaul proposed adding language explicitly to the constitution mandating that districts were drawn based on citizens rather than total population .
Missouri Republicans failed to get the measure out of the legislature and onto the 2018 ballot .
Republicans tried and failed again in their 2019 session , as part of a broader measure to gut the “ Clean Missouri ” initiative .
But that version did not explicitly make “ citizens ” or “ citizens of a voting age ” ( which could also cut minors out of the redistricting count @ @ @ @ @ @ @ Rather , the proposal mandated that districts should “ be drawn on the basis of one person , one vote.
” The current version uses the same language .
The measure ’ s sponsor Sen. Dan Hegeman ( R ) admitted at a House committee hearing Thursday that the goal would be to count only citizens when drawing legislative districts .
He pushed back at the suggestion that minors — who also don ’ t vote — could be excluded from the count as well .
Hegeman , however , struggled with questions @ @ @ @ @ @ @ person , one vote.
” The current measure has a noteworthy change from the 2019 effort .
Republicans removed language that would said redistricting would be done using data “ reported in the federal decennial census.
” Some believe the change was made because since the 2019 push , the Supreme Court blocked the Trump administration from collecting citizenship data on the decennial census .
The administration is now trying to assemble the data based on existing records .
If Republicans successfully get the measure on the ballot and it is approved by @ @ @ @ @ @ @ test case for whether the Supreme Court would allow noncitizens to be excluded in redistricting .
The Missouri Senate adopted the latest version in February , weeks before the coronavirus outbreak hit the U.S. in earnest .
The return of Missouri ’ s legislature this week was the fist time it convened since April 7 , and only the second time it gathered since the pandemic curtailed legislative action in mid-March .
The measure was considered Thursday by the House ’ s General Laws committee , which advanced the measure by a party @ @ @ @ @ @ @ ’ s sponsor , repeated several falsehoods at the hearing about the measure he is currently trying to pass .
He repeatedly claimed that it was about keeping “ illegals ” out of the count for legislative maps .
Rep. Peter Merideth ( D ) pointed out that there are several classes of non-citizens and other non-voters in Missouri who are not there illegally .
After a staffer ran up to whisper in Hegeman ’ s ear , he clarified that he meant “ non-Missouri citizens.
” Hegeman also claimed falsely that “ @ @ @ @ @ @ @ population has been inserted into the discussion ” and that “ in the past , we dealt with citizens in the state being the counted and taken into consideration , not the illegals.
” Missouri has historically included noncitizens , including undocumented immigrants , in its redistricting count , and a 1875 amendment to the constitution said that apportionment would be done based on the “ whole number of inhabitants.
” Additionally , Hegeman insisted that it was “ well defined ” and “ well established ” in federal law idea that the @ @ @ @ @ @ @ vote ” meant using citizenship rather than total population for redistricting .
Merideth tried to correct him , noting that the question of using in citizens instead of total population has not been resolved by the courts .
The case that Hegeman seemed to be referring , Merideth said , settled only the question of whether states could use total population .
( The Supreme Court in 2016 ’ s Evenwel v. Abbott unanimously said they could ) .
“ The only court case that has addressed this , as we just talked @ @ @ @ @ @ @ population , which is different than what you just said , ” Merideth said , “ You ’ ve asked the question , I ’ ve answered it to the best of my ability , ” Hegeman said .

Missouri remains under a COVID-19 stay-at-home order. But that didn’t stop GOP legislators who returned to the capitol this week from reviving a measure that would shore up their political power.
The Missouri House is considering a constitutional amendment that would usher in an anti-immigrant approach to redistricting. The proposal is packaged with several others that would water down an anti-gerrymandering initiative voters approved in 2018.
The House has until May 15 to pass the new measure, in order to put it on the ballot in the fall elections.
Since the so-called “Clean Missouri” constitutional amendment was passed by voters in 2018, lawmakers have tried to get on the 2020 ballot a measure that would undo its key provisions. But their interest in diminishing the political power of immigrant communities predated the approval of the “Clean Missouri” measure.
Since at least 2018 Missouri Republicans have tried to change redistricting so that maps are drawn based on the number of citizens, rather than total population. The failed 2018 proposal to do so came as the Trump administration was trying to do add a citizenship question to the census.
Changing the metric that’s used to draw legislative maps has been a longstanding goal of the GOP. Doing so “would be advantageous to Republicans and Non-Hispanic Whites,” as a now deceased GOP gerrymandering guru, who pushed for the census citizenship question, once wrote.
It would mean that parts of the country with relatively few noncitizens — i.e. whiter, rural and more Republican regions — would get more representatives while those with higher noncitizen rates — including urban, Democratic-leaning areas — would get fewer.
Missouri’s 2018 attempt at this overhaul proposed adding language explicitly to the constitution mandating that districts were drawn based on citizens rather than total population. Missouri Republicans failed to get the measure out of the legislature and onto the 2018 ballot.
Republicans tried and failed again in their 2019 session, as part of a broader measure to gut the “Clean Missouri” initiative.
But that version did not explicitly make “citizens” or “citizens of a voting age” (which could also cut minors out of the redistricting count) Missouri’s redistricting metric. Rather, the proposal mandated that districts should “be drawn on the basis of one person, one vote.” The current version uses the same language.
The measure’s sponsor Sen. Dan Hegeman (R) admitted at a House committee hearing Thursday that the goal would be to count only citizens when drawing legislative districts. He pushed back at the suggestion that minors — who also don’t vote — could be excluded from the count as well. Hegeman, however, struggled with questions about the legal interpretation of “one person, one vote.”
The current measure has a noteworthy change from the 2019 effort. Republicans removed language that would said redistricting would be done using data “reported in the federal decennial census.” Some believe the change was made because since the 2019 push, the Supreme Court blocked the Trump administration from collecting citizenship data on the decennial census. The administration is now trying to assemble the data based on existing records.
If Republicans successfully get the measure on the ballot and it is approved by voters, the state could provide the test case for whether the Supreme Court would allow noncitizens to be excluded in redistricting.
The Missouri Senate adopted the latest version in February, weeks before the coronavirus outbreak hit the U.S. in earnest. The return of Missouri’s legislature this week was the fist time it convened since April 7, and only the second time it gathered since the pandemic curtailed legislative action in mid-March.
The measure was considered Thursday by the House’s General Laws committee, which advanced the measure by a party line vote.
Hegeman, the bill’s sponsor, repeated several falsehoods at the hearing about the measure he is currently trying to pass.
He repeatedly claimed that it was about keeping “illegals” out of the count for legislative maps. Rep. Peter Merideth (D) pointed out that there are several classes of non-citizens and other non-voters in Missouri who are not there illegally. After a staffer ran up to whisper in Hegeman’s ear, he clarified that he meant “non-Missouri citizens.”
Hegeman also claimed falsely that “this was the first time that total population has been inserted into the discussion” and that “in the past, we dealt with citizens in the state being the counted and taken into consideration, not the illegals.” Missouri has historically included noncitizens, including undocumented immigrants, in its redistricting count, and a 1875 amendment to the constitution said that apportionment would be done based on the “whole number of inhabitants.”
Additionally, Hegeman insisted that it was “well defined” and “well established” in federal law idea that the idea of “one person, one vote” meant using citizenship rather than total population for redistricting.
Merideth tried to correct him, noting that the question of using in citizens instead of total population has not been resolved by the courts. The case that Hegeman seemed to be referring, Merideth said, settled only the question of whether states could use total population. (The Supreme Court in 2016’s Evenwel v. Abbott unanimously said they could).
“The only court case that has addressed this, as we just talked about, said it could include total population, which is different than what you just said,” Merideth said,
“You’ve asked the question, I’ve answered it to the best of my ability,” Hegeman said.


talkingpointsmemo--2020-05-01--Infectious Diseases Experts Foresee COVID Reaching 60-70% Of Population In 2 Years

Dr. Michael Osterholm , the director at Center for Infectious Disease Research and Policy at the University of Minnesota , @ @ @ @ @ the future of the COVID-19 pandemic on Friday .
During an interview on CNN , @ @ @ @ @ and his colleagues at the university had released early in the day , which found @ @ @ @ @ keep spreading for 18 to 24 months until it reaches the high threshold of COVID-19 @ @ @ @ @ herd immunity .
“ This is going to continue to do that until 60 % @ @ @ @ @ population has been infected , ” the doctor told CNN anchor Jim Sciutto .
Osterholm @ @ @ @ @ a “ rolling situation ” throughout the world and that New York , which currently @ @ @ @ @ cases in the U.S. by far , won ’ t be the only area to @ @ @ @ @ .
“ Expect many more New Yorks to occur , ” he said .
“ @ @ @ @ @ they will .
”

Dr. Michael Osterholm, the director at Center for Infectious Disease Research and Policy at the University of Minnesota, had some bleak news about the future of the COVID-19 pandemic on Friday.
During an interview on CNN, Osterholm explained a report he and his colleagues at the university had released early in the day, which found that the virus will likely keep spreading for 18 to 24 months until it reaches the high threshold of COVID-19 cases needed to create a herd immunity.
“This is going to continue to do that until 60% or 70% of the population has been infected,” the doctor told CNN anchor Jim Sciutto.
Osterholm warned that the pandemic is a “rolling situation” throughout the world and that New York, which currently has the highest number of cases in the U.S. by far, won’t be the only area to suffer an explosion of infections.
“Expect many more New Yorks to occur,” he said. “It’s very likely they will.”
Watch Osterholm below:


talkingpointsmemo--2020-05-01--How Profit and Incompetence Delayed N95 Masks While People Died at the VA

This post first appeared at ProPublica .
ProPublica is a Pulitzer Prize-winning investigative newsroom .
Sign up for The Big Story newsletter to receive stories like this one in your inbox .
Before embarking on a 36-hour tour through an underground of contractors and middlemen trying to make a buck on the nation ’ s desperate need for masks , entrepreneur Robert Stewart Jr. offered an unusual caveat .
“ I ’ m talking with you against the advice of my attorney , ” the man in the shiny gray suit , an American Flag button with the word “ @ @ @ @ @ @ @ said as we boarded a private jet Saturday from the executive wing at Dulles International Airport .
It remains a mystery why the CEO of Federal Government Experts LLC let me observe his frantic effort to find 6 million N95 respirators and the ultimate unraveling of his $ 34.5 million deal to supply them to the Department of Veterans Affairs hospitals , where 20 VA staff have died of COVID-19 while the agency waits for masks .
It ’ s also unclear why the VA gave Stewart ’ s fledgling business — which @ @ @ @ @ @ @ no supply chain expertise and very little credit — an important contract .
Or why the VA agreed to pay nearly $ 5.75 per mask , a 350 % markup from the manufacturer ’ s list price .
In the end , after ProPublica asked questions about the deal this week , the VA quickly terminated it and referred the case to its inspector general for investigation .
Stewart maintained he was trying to do a public service and plans to tell investigators how he was taken for a ride by “ buccaneers @ @ @ @ @ @ @ of intermediaries , fixers and lawyers standing between respirator mask producers and front-line workers who are dying without them .
I had first contacted Stewart last Friday after a ProPublica analysis of federal contracting data showed this sizable deal was his company ’ s first — and had been awarded without the usual bidding meant to weed out companies that can ’ t deliver .
Stewart wasn ’ t alone .
The coronavirus pandemic had unleashed a bonanza for untested contractors riding a wave of unprecedented demand and scarcity of everything from hand @ @ @ @ @ @ @ , the administration of President Donald Trump has handed out at least $ 5.1 billion in no-bid contracts to address the pandemic , federal purchasing data shows .
The VA , far more than any other agency , appeared to be awarding large contracts to little-known vendors in search of the personal protective equipment that ’ s pitted local , state and federal agencies against one another .
I wanted to know how a company the 34-year-old Stewart had formed two years earlier had gotten one of the largest no-bid contracts .
And @ @ @ @ @ @ @ it ?
There was reason to wonder .
A quick Google search showed large portions of the text on FGE ’ s company website had been lifted verbatim from a 1982 Harvard Business Review article .
The company primarily advertised IT consulting and advertised a “ block chain ” A.I .
solution to government procurement , whatever that means .
But I found nothing suggesting the company could buy and ship life-saving medical equipment — and fast .
In a phone call , Stewart was defensive about an article on federal contracts in @ @ @ @ @ @ @ unfairly painted him as a crook .
His mother was so upset she wrote a letter to the editor .
“ My mom and dad raised me to be a man of integrity , ” he said .
That ’ s when the first inconsistency arose .
The Journal quoted Stewart as saying he was at the Port of Los Angeles “ looking at a few million masks ” and “ getting ready to step on a Boeing 737 to bring the masks to the VA. ” He told me , however , @ @ @ @ @ @ @ hadn ’ t traveled anywhere since Christmas .
But he said he did have 6 million N95 respirators masks lined up in Los Angeles and would be getting a “ proof of life video , ” in the form of cellphone footage of scores of boxes with 3M labels , sent from an unidentified sender .
The next day , he planned to take a private plane to the VA distribution center outside of Chicago to witness the delivery .
I asked to tag along .
So here we were , aboard a @ @ @ @ @ @ @ captains ’ chairs , dozens of liquor shooters , snacks and two pilots curious as to why we were stopping in Columbus , Georgia , en route to Chicago .
It was a pit stop to pick up Stewart ’ s parents to bring them along for what was supposed to be a proud moment .
“ This is about helping folks , about being able to say to my mom and dad , ‘ Thank you , ’ ” he said .
“ All the work you did , now we are @ @ @ @ @ @ @ well , 6 million masks.
” For a man who said he had spent weeks of sleepless nights in search of masks and learning shipping logistics , Stewart exuded the confidence of a magician about to perform his career-defining trick .
But his next act was already falling apart .
We were midair when Stewart revealed that the 6 million masks that were supposedly in LA had slipped from his grasp and been sold to another buyer when he didn ’ t produce the money fast enough .
So , he had no @ @ @ @ @ @ @ Stewart said he had lost a mask supply before he could get his hands on it .
He had tried earlier in April to procure masks from China , but that failed when the Chinese government took control of its mask-producing companies and limited exports .
I asked why on earth we were flying to Chicago to try to meet the VA ’ s midnight delivery deadline if he didn ’ t already have the N95s .
“ It was kind of a faith thing , ” he said .
For 24 hours @ @ @ @ @ @ @ contacts he had made as a former contract officer for the Pentagon .
And early Friday , just one day before his shipment was due to the VA , Stewart said he got connected to a fixer in the U.S .
The fixer was Troy King , a former attorney general of Alabama who had just lost a run for Congress in that state ’ s 2nd District .
Stewart said King connected him to an unidentified distributor , who could then connect him with 3M , the manufacturer of N95s , which @ @ @ @ @ @ @ as those carrying COVID-19 .
Stewart said King also promised to arrange financing so FGE could get the deal done fast .
“ When you ’ re a poor kid from Alabama , ” Stewart said , “ you do what you need to do to get the job done.
” Much of what Stewart told me either proved false or impossible to confirm , which he says is because he was being lied to by brokers and middlemen .
For instance , he claimed to have a contact within the White House @ @ @ @ @ @ @ President Mike Pence , who was working to help him smooth the deal over with VA Secretary Robert Wilkie .
But when I asked spokespeople with the task force and the VA about the name he cited , no one had ever heard of her or had employment records for someone by that name .
Stewart said King was the one who claimed to have Pence task force connections and was brokering the deal through an Alabama LLC , Bear Mountain Development Company .
King would charge a broker ’ s fee for @ @ @ @ @ @ @ said , and the payout would depend on shipment volume .
But the price per mask kept changing .
King told Stewart it would cost him $ 4.90 per mask — without shipping or overhead — to get the supplies from the distributor , according to text messages Stewart shared .
King did not respond to my calls or emails , but through a spokeswoman said he talked to Stewart because he was having trouble getting masks .
“ I worked all weekend to locate 3M masks that were available .
The only @ @ @ @ @ @ @ were priced at $ 4.90 per mask , which is the price that we were being charged by our supplier.
” King said no cash changed hands and that he thought he might forgo the broker fee .
“ Due to the fact that these products were for use in veterans ’ facilities , we agreed that our efforts might end up being an uncompensated public service , ” the statement said .
The deal ’ s tenuous nature — a broker Stewart didn ’ t know , buying from a seller he @ @ @ @ @ @ @ someone he didn ’ t know — seemed a profound and expensive leap of faith .
But Stewart was convinced that he was “ getting the VA a good thing at a good price.
” He had been called to action , he said , after seeing a CNN segment where a nurse described making her own face shield out of plastic film .
As a former Air Force officer , he said he felt compelled to help .
“ The goal here is not to get rich , ” he said .
@ @ @ @ @ @ @ 10 cents a mask , he said , somewhere around $ 600,000 , when the VA got its goods .
Yet we were bobbing around on a lavish jet , when commercial flights were available at about one one-hundredth of the cost per ticket .
When I asked why he spent more than $ 22,000 on a private plane , he said it was to prove he was no fly-by-nighter but a reputable government contractor .
“ It comes down to me and my credibility , ” he said .
“ Why would @ @ @ @ @ @ @ ghost box delivery ?
It doesn ’ t make any sense.
” This was money out of FGE ’ s pocket .
The government typically doesn ’ t pay vendors like Stewart until the goods are delivered .
( ProPublica reimbursed FGE for the cost of a commercial ticket . )
Stewart pulled a faded Bible from his bag and talked about miracles .
His chance to prove himself on this deal , he said , is a small miracle .
“ Awarding a $ 34.5 million contract to a small company without @ @ @ @ @ @ @ mused .
“ Why would you do that ?
” Why the VA would do that is a lingering question .
While the Federal Emergency Management Agency is officially leading the effort to scrounge up PPE , reportedly plucking shipments out from under states and other parts of the executive branch , the VA made its own supply purchases in March and April .
But despite signing 1,100 contracts worth $ 591 million just for PPE , the VA has experienced a devastating shortage for weeks .
Nurses and doctors are reusing masks @ @ @ @ @ @ @ As BuzzFeed News reported April 7 , despite the VA ’ s public assurances that the supply chain was “ kicked into full gear , ” leaders at one hospital said nurses and doctors were allowed only one surgical mask per shift .
The more effective N95 masks , which the VA hired Stewart and his company to hunt down three days later , were in such short supply that they could only be used if there was a high chance of aerosolization , meaning the virus was believed to be temporarily airborne @ @ @ @ @ @ @ me his original VA contract pitch , he ultimately declined to share it .
What is clear is that FGE , which is designated as a Service-Disabled Veteran-Owned Small Business , had a competitive advantage in securing work at the VA , which sets aside certain contracts for small veteran-owned companies .
Stewart declined to talk about how he qualifies as disabled .
Stewart said his deal ’ s cost was being driven up by high demand and by the brokers trying to collect “ success fees.
” While he said King never @ @ @ @ @ @ @ another contract with a different broker .
That offer , which FGE declined , would have paid 5 cents a mask — about $ 300,000 — to the broker setting up the deal .
Ken Curley , a retired Army colonel whose company works with local governments and hospitals to order masks outside of this emerging black market , called the FGE deal “ absolutely ” a case of price gouging .
“ So you have a $ 4.90 mask before you put it on a truck ?
” he said .
“ @ @ @ @ @ @ @ s company , Raymond Associates LLC , drafted a best practices paper for buyers like local hospitals , pointing out that 3M ’ s list price for masks like those Stewart was attempting to purchase was $ 1.27 .
After shipping costs and overhead , the end price should realistically be around $ 2 a mask , he said .
“ So anybody that ’ s above that number is gouging , ” Curley said .
“ And they know it.
” Curley said he ’ s seen numerous offers for respirators , @ @ @ @ @ @ @ , and turned away brokers working through multiple layers of intermediaries .
To avoid this , he recommends “ a single line ” between the distributor and the government agency buying the product , meaning there ’ s only one facilitator .
Sergio Fernández de Córdova , who chairs a media nonprofit in New York , is working with Curley to help government agencies get reputable masks at better prices .
Government agencies are partly to blame , he said , because they ’ re desperately handing out big contracts to unknown companies @ @ @ @ @ @ @ back .
In the FGE deal , for instance , the VA essentially set its high price when it agreed to 6 million units at $ 34.5 million .
“ They ’ re approving it , ” he said .
“ So that ’ s why people don ’ t see a problem with it.
” Though several states have clear price gouging laws , those rules don ’ t apply to federal government purchases .
“ It is the Wild West and a loophole — that ’ s why so many lawyers @ @ @ @ @ @ @ said .
“ We ’ ve seen deals with lawyers making a couple hundred grand.
” 3M has filed lawsuits in at least five states against people selling its respirators and masks at obscene markups .
The Justice Department is also hunting down alleged scammers , such as two California men who were arrested for selling Chinese versions of the N95 respirators , KN95s , which they didn ’ t actually possess .
Stewart had read about those cases and had been given a copy of Curley ’ s best practices memo , @ @ @ @ @ @ @ I ’ m just trying to fulfill my obligation and not go to jail , ” he said .
At 11 a.m. Saturday , Flight N407FX skidded onto warm asphalt in Columbus .
Stewart ’ s mother and father were waiting with luggage , while a few other family members came by to take pictures .
Also joining us was Dawn Lockhart , Stewart ’ s friend from middle school whom he had hired as FGE ’ s human resources director .
She , like me , had been told by Stewart that @ @ @ @ @ @ @ an N95 mask for protection on the flight .
But there were none .
Despite his company ’ s moniker , there seemed nothing expert about this operation .
Stewart said his company lawyer had missed the flight because he slept in .
Lockhart , who joked that she was wearing a skirt and heels for the first time in three years , was flipping through a textbook titled “ Strategic Staffing.
” Stewart was building his company , like this deal , in midflight .
Once we were airborne , Stewart said @ @ @ @ @ @ @ in Atlanta who could quickly deliver to Chicago .
He said that once we landed he would drop his folks off at the Hilton Oak Brook Hills Resort just outside of Chicago and then he and I would take a taxi over to the VA distribution center and wait for a mask delivery “ even if we have to wait until 3 a.m. ” But we never left the confines of the vast and vacant Hilton , where two employees sat bored behind makeshift plexiglass barriers .
In the lobby , Stewart worked @ @ @ @ @ @ @ to sign off on his new arrangement , but to win approval , he needed invoices and other documentation that he said King wasn ’ t sending over .
Just before 2 p.m. , King had sent the “ proof of life ” video that Stewart said he ’ d been asking for , according to text messages Stewart later shared .
The grainy cellphone video pans over what appear to be hundreds of boxes labeled 3M , but it was unclear what was in the boxes or where they were .
By @ @ @ @ @ @ @ several friends and associates , including Roosevelt “ Trey ” Daniels of Frontline Recovery , a Houston disaster recovery firm .
Daniels connected FGE to King .
Stewart and Daniels made dozens of calls — to King , to trucking companies , to cargo jet owners .
“ Hey , Frank , ” Daniels said into his cell .
“ Who is a good freight company ?
” And that would lead to the next call and the next .
By 5:20 , Daniels had suggested they send a portion of the shipment @ @ @ @ @ @ @ figured out how to get the rest on planes .
Stewart insisted that he wanted to get the whole shipment there at once .
Then , a new idea emerged .
Maybe they could buy some time by getting the VA to agree to an extension .
Daniels had worked as a district director for U.S. Rep. Sheila Jackson Lee , a Texas Democrat , and got her office to draft a letter in support of FGE .
“ Can you lend your voice to this veteran-owned , African American business ?
” @ @ @ @ @ @ @ “ And she said yes .
She ’ s always willing to go to bat for folks who are trying to do the right thing.
” Stewart drafted a formal extension request , citing provisions in federal contracting law .
As the evening wore on , what was at first frenetic determination to pull off a miracle subsided into resignation and then into finger-pointing — at King , the VA bureaucracy , the market itself .
Daniels says the deal went south because King and Stewart faced a challenging market , trying to @ @ @ @ @ @ @ federal government doesn ’ t provide enough guidance for vendors .
“ This situation with Troy King and Rob Stewart is you really have two good guys who had a lot of miscommunications , ” he said .
“ One wasn ’ t communicating enough .
One had his back against the wall.
” “ Robert Stewart is a good guy , ” Daniels said .
“ He ’ s a very honest guy.
” The group ordered tacos for what Stewart said was the company ’ s “ last supper.
” “ @ @ @ @ @ @ @ do , ” Stewart said .
“ I called in every favor I had.
” The next morning , as the dejected party boarded for a return flight , the pilot asked : “ Anything I can get you before we take off ?
” We landed in Georgia an hour and a half later , Stewart snapped photos with his family in front of the jet , and the two of us took off for Dulles .
The CEO was in the same gray suit as the previous day , now wrinkled @ @ @ @ @ @ @ , his joviality had given way to exhaustion and the realization that this article probably wasn ’ t going to be one he liked .
The optics of the private jet , he said , would not be good .
“ The only reason I took the plane was because of my parents , ” he said .
“ They ’ re old and I didn ’ t want them to get sick , and I wanted them to see this .
I wanted to say thank you.
” Stewart said he had @ @ @ @ @ @ @ .
Stewart said he and his team couldn ’ t track down any Juanita Ramos , the connection King purported to have to Pence ’ s task force .
And King hadn ’ t sent over the invoice he needed for the VA. “ I absolutely do believe he made her up , ” Stewart said Wednesday .
King did not respond to a question about Ramos .
“ He ’ s the one that made up this figment Ramos lady , ” Stewart added .
“ I didn ’ t make that @ @ @ @ @ @ @ the weekend , Mr. Stewart informed us that he had secured these masks through another source and that he would not need our services to secure the masks , ” King said through a spokesperson .
“ There have been no further conversations between Mr. Stewart and me .
No agreement was ever made , no contract was ever executed , and no money was ever exchanged.
” Stewart believes there were never any masks in LA or Atlanta .
“ Every time you get ready to do the due diligence or whatever @ @ @ @ @ @ @ proof of life — people go : ‘ Oh , well we don ’ t have that .
We have this kind .
Or we can ’ t do that until this week or this date.
’ Stuff just never materializes .
It ’ s a bunch of smoke and mirrors and ghosts.
” Stewart , to the end , maintained he would find a way to get masks to the VA .
He followed up with the VA , offering a contract to get on a production line directly from 3M , @ @ @ @ @ @ @ 3.77 a mask .
But the VA terminated the deal Wednesday , after I inquired with the agency and a spokesperson for Pence ’ s task force .
The agency didn ’ t tell Stewart directly , though he said he was made aware of the IG investigation .
“ The story is that we started out trying to do the best thing for the country , ” Stewart said .
“ I failed in that , ultimately.
” Back in DC , I asked a VA spokesperson why any of this , @ @ @ @ @ @ @ even necessary .
Couldn ’ t the VA just buy masks directly ?
The agency is waiting , along with much of the federal government , on FEMA , said spokeswoman Christina Noel .
More than 166 million respirators are being produced by 3M under the Defense Production Act over the next few months , “ some of which are being provided to the VA. ” In the meantime , the VA was hiring contractors to scour for additional masks .
“ To meet the remainder of its N95 respirator needs , VA @ @ @ @ @ @ @ , ” Noel said .
In the end , the VA ended up with precisely zero additional N95 masks from its deal with Stewart .
On the up side , the VA paid no money to FGE , Noel said .
As of Wednesday , more than 2,200 VA employees had tested positive for COVID-19 .
Do you have access to information about federal contracts that should be public ?
Email david.mcswane @ propublica.org .
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This post first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.
Before embarking on a 36-hour tour through an underground of contractors and middlemen trying to make a buck on the nation’s desperate need for masks, entrepreneur Robert Stewart Jr. offered an unusual caveat.
“I’m talking with you against the advice of my attorney,” the man in the shiny gray suit, an American Flag button with the word “VETERAN” pinned to his blazer, said as we boarded a private jet Saturday from the executive wing at Dulles International Airport.
It remains a mystery why the CEO of Federal Government Experts LLC let me observe his frantic effort to find 6 million N95 respirators and the ultimate unraveling of his $34.5 million deal to supply them to the Department of Veterans Affairs hospitals, where 20 VA staff have died of COVID-19 while the agency waits for masks.
It’s also unclear why the VA gave Stewart’s fledgling business — which had no experience selling medical equipment, no supply chain expertise and very little credit — an important contract. Or why the VA agreed to pay nearly $5.75 per mask, a 350% markup from the manufacturer’s list price. In the end, after ProPublica asked questions about the deal this week, the VA quickly terminated it and referred the case to its inspector general for investigation.
Stewart maintained he was trying to do a public service and plans to tell investigators how he was taken for a ride by “buccaneers and pirates,” the multiple layers of intermediaries, fixers and lawyers standing between respirator mask producers and front-line workers who are dying without them.
I had first contacted Stewart last Friday after a ProPublica analysis of federal contracting data showed this sizable deal was his company’s first — and had been awarded without the usual bidding meant to weed out companies that can’t deliver.
Stewart wasn’t alone. The coronavirus pandemic had unleashed a bonanza for untested contractors riding a wave of unprecedented demand and scarcity of everything from hand sanitizer to ICU beds. So far, the administration of President Donald Trump has handed out at least $5.1 billion in no-bid contracts to address the pandemic, federal purchasing data shows. The VA, far more than any other agency, appeared to be awarding large contracts to little-known vendors in search of the personal protective equipment that’s pitted local, state and federal agencies against one another.
I wanted to know how a company the 34-year-old Stewart had formed two years earlier had gotten one of the largest no-bid contracts. And, more importantly, could it fulfill it?
There was reason to wonder. A quick Google search showed large portions of the text on FGE’s company website had been lifted verbatim from a 1982 Harvard Business Review article. The company primarily advertised IT consulting and advertised a “block chain” A.I. solution to government procurement, whatever that means. But I found nothing suggesting the company could buy and ship life-saving medical equipment — and fast.
In a phone call, Stewart was defensive about an article on federal contracts in The Wall Street Journal that he believed unfairly painted him as a crook. His mother was so upset she wrote a letter to the editor. “My mom and dad raised me to be a man of integrity,” he said.
That’s when the first inconsistency arose. The Journal quoted Stewart as saying he was at the Port of Los Angeles “looking at a few million masks” and “getting ready to step on a Boeing 737 to bring the masks to the VA.”
He told me, however, that he had been in self-quarantine and hadn’t traveled anywhere since Christmas.
But he said he did have 6 million N95 respirators masks lined up in Los Angeles and would be getting a “proof of life video,” in the form of cellphone footage of scores of boxes with 3M labels, sent from an unidentified sender. The next day, he planned to take a private plane to the VA distribution center outside of Chicago to witness the delivery. I asked to tag along.
So here we were, aboard a whirring Legacy 450 Flexjet replete with leather captains’ chairs, dozens of liquor shooters, snacks and two pilots curious as to why we were stopping in Columbus, Georgia, en route to Chicago. It was a pit stop to pick up Stewart’s parents to bring them along for what was supposed to be a proud moment.
“This is about helping folks, about being able to say to my mom and dad, ‘Thank you,’” he said. “All the work you did, now we are about to help 6 million people — well, 6 million masks.”
“Kind of a Faith Thing”
For a man who said he had spent weeks of sleepless nights in search of masks and learning shipping logistics, Stewart exuded the confidence of a magician about to perform his career-defining trick. But his next act was already falling apart.
We were midair when Stewart revealed that the 6 million masks that were supposedly in LA had slipped from his grasp and been sold to another buyer when he didn’t produce the money fast enough. So, he had no masks.
This was the second time Stewart said he had lost a mask supply before he could get his hands on it. He had tried earlier in April to procure masks from China, but that failed when the Chinese government took control of its mask-producing companies and limited exports.
I asked why on earth we were flying to Chicago to try to meet the VA’s midnight delivery deadline if he didn’t already have the N95s.
“It was kind of a faith thing,” he said.
For 24 hours, Stewart had frantically reached out to contacts he had made as a former contract officer for the Pentagon. And early Friday, just one day before his shipment was due to the VA, Stewart said he got connected to a fixer in the U.S.
The fixer was Troy King, a former attorney general of Alabama who had just lost a run for Congress in that state’s 2nd District. Stewart said King connected him to an unidentified distributor, who could then connect him with 3M, the manufacturer of N95s, which block 95% of small particles such as those carrying COVID-19. Stewart said King also promised to arrange financing so FGE could get the deal done fast.
“When you’re a poor kid from Alabama,” Stewart said, “you do what you need to do to get the job done.”
Much of what Stewart told me either proved false or impossible to confirm, which he says is because he was being lied to by brokers and middlemen. For instance, he claimed to have a contact within the White House Coronavirus Task Force, led by Vice President Mike Pence, who was working to help him smooth the deal over with VA Secretary Robert Wilkie. But when I asked spokespeople with the task force and the VA about the name he cited, no one had ever heard of her or had employment records for someone by that name.
Stewart said King was the one who claimed to have Pence task force connections and was brokering the deal through an Alabama LLC, Bear Mountain Development Company. King would charge a broker’s fee for connecting FGE to the distributor, Stewart said, and the payout would depend on shipment volume. But the price per mask kept changing. King told Stewart it would cost him $4.90 per mask — without shipping or overhead — to get the supplies from the distributor, according to text messages Stewart shared.
King did not respond to my calls or emails, but through a spokeswoman said he talked to Stewart because he was having trouble getting masks.
“I worked all weekend to locate 3M masks that were available. The only 3M masks we could source for him were priced at $4.90 per mask, which is the price that we were being charged by our supplier.”
King said no cash changed hands and that he thought he might forgo the broker fee.
“Due to the fact that these products were for use in veterans’ facilities, we agreed that our efforts might end up being an uncompensated public service,” the statement said.
The deal’s tenuous nature — a broker Stewart didn’t know, buying from a seller he didn’t know, financed by someone he didn’t know — seemed a profound and expensive leap of faith. But Stewart was convinced that he was “getting the VA a good thing at a good price.”
He had been called to action, he said, after seeing a CNN segment where a nurse described making her own face shield out of plastic film. As a former Air Force officer, he said he felt compelled to help.
“The goal here is not to get rich,” he said. FGE would be lucky to pocket about 10 cents a mask, he said, somewhere around $600,000, when the VA got its goods.
Yet we were bobbing around on a lavish jet, when commercial flights were available at about one one-hundredth of the cost per ticket.
When I asked why he spent more than $22,000 on a private plane, he said it was to prove he was no fly-by-nighter but a reputable government contractor.
“It comes down to me and my credibility,” he said. “Why would anybody pay $22,000 to have a ghost box delivery? It doesn’t make any sense.”
This was money out of FGE’s pocket. The government typically doesn’t pay vendors like Stewart until the goods are delivered. (ProPublica reimbursed FGE for the cost of a commercial ticket.)
Stewart pulled a faded Bible from his bag and talked about miracles. His chance to prove himself on this deal, he said, is a small miracle.
“Awarding a $34.5 million contract to a small company without any supply chain experience,” he mused. “Why would you do that?”
Price Gouging?
Why the VA would do that is a lingering question. While the Federal Emergency Management Agency is officially leading the effort to scrounge up PPE, reportedly plucking shipments out from under states and other parts of the executive branch, the VA made its own supply purchases in March and April.
But despite signing 1,100 contracts worth $591 million just for PPE, the VA has experienced a devastating shortage for weeks. Nurses and doctors are reusing masks, avoiding patients and rationing gear. As BuzzFeed News reported April 7, despite the VA’s public assurances that the supply chain was “kicked into full gear,” leaders at one hospital said nurses and doctors were allowed only one surgical mask per shift. The more effective N95 masks, which the VA hired Stewart and his company to hunt down three days later, were in such short supply that they could only be used if there was a high chance of aerosolization, meaning the virus was believed to be temporarily airborne.
Though Stewart repeatedly promised to show me his original VA contract pitch, he ultimately declined to share it. What is clear is that FGE, which is designated as a Service-Disabled Veteran-Owned Small Business, had a competitive advantage in securing work at the VA, which sets aside certain contracts for small veteran-owned companies. Stewart declined to talk about how he qualifies as disabled.
Stewart said his deal’s cost was being driven up by high demand and by the brokers trying to collect “success fees.” While he said King never disclosed his fees, he showed me another contract with a different broker. That offer, which FGE declined, would have paid 5 cents a mask — about $300,000 — to the broker setting up the deal.
Ken Curley, a retired Army colonel whose company works with local governments and hospitals to order masks outside of this emerging black market, called the FGE deal “absolutely” a case of price gouging. “So you have a $4.90 mask before you put it on a truck?” he said. “It’s insanity.”
Curley’s company, Raymond Associates LLC, drafted a best practices paper for buyers like local hospitals, pointing out that 3M’s list price for masks like those Stewart was attempting to purchase was $1.27. After shipping costs and overhead, the end price should realistically be around $2 a mask, he said.
“So anybody that’s above that number is gouging,” Curley said. “And they know it.”
Curley said he’s seen numerous offers for respirators, many of which did not really exist, and turned away brokers working through multiple layers of intermediaries. To avoid this, he recommends “a single line” between the distributor and the government agency buying the product, meaning there’s only one facilitator.
Sergio Fernández de Córdova, who chairs a media nonprofit in New York, is working with Curley to help government agencies get reputable masks at better prices. Government agencies are partly to blame, he said, because they’re desperately handing out big contracts to unknown companies and paying exorbitant prices for whatever comes back. In the FGE deal, for instance, the VA essentially set its high price when it agreed to 6 million units at $34.5 million.
“They’re approving it,” he said. “So that’s why people don’t see a problem with it.”
Though several states have clear price gouging laws, those rules don’t apply to federal government purchases.
“It is the Wild West and a loophole — that’s why so many lawyers are involved,” Fernández de Córdova said. “We’ve seen deals with lawyers making a couple hundred grand.”
3M has filed lawsuits in at least five states against people selling its respirators and masks at obscene markups. The Justice Department is also hunting down alleged scammers, such as two California men who were arrested for selling Chinese versions of the N95 respirators, KN95s, which they didn’t actually possess.
Stewart had read about those cases and had been given a copy of Curley’s best practices memo, and it clearly worried him.
“I’m just trying to fulfill my obligation and not go to jail,” he said.
Empty Hotel, Empty Promises
At 11 a.m. Saturday, Flight N407FX skidded onto warm asphalt in Columbus.
Stewart’s mother and father were waiting with luggage, while a few other family members came by to take pictures.
Also joining us was Dawn Lockhart, Stewart’s friend from middle school whom he had hired as FGE’s human resources director. She, like me, had been told by Stewart that everyone on board would have access to an N95 mask for protection on the flight. But there were none.
Despite his company’s moniker, there seemed nothing expert about this operation. Stewart said his company lawyer had missed the flight because he slept in. Lockhart, who joked that she was wearing a skirt and heels for the first time in three years, was flipping through a textbook titled “Strategic Staffing.”
Stewart was building his company, like this deal, in midflight.
Once we were airborne, Stewart said he had found a new mask supplier in Atlanta who could quickly deliver to Chicago.
He said that once we landed he would drop his folks off at the Hilton Oak Brook Hills Resort just outside of Chicago and then he and I would take a taxi over to the VA distribution center and wait for a mask delivery “even if we have to wait until 3 a.m.”
But we never left the confines of the vast and vacant Hilton, where two employees sat bored behind makeshift plexiglass barriers.
In the lobby, Stewart worked the phones. He needed the VA to sign off on his new arrangement, but to win approval, he needed invoices and other documentation that he said King wasn’t sending over.
Just before 2 p.m., King had sent the “proof of life” video that Stewart said he’d been asking for, according to text messages Stewart later shared. The grainy cellphone video pans over what appear to be hundreds of boxes labeled 3M, but it was unclear what was in the boxes or where they were.
By 3 p.m. Stewart had been joined by several friends and associates, including Roosevelt “Trey” Daniels of Frontline Recovery, a Houston disaster recovery firm. Daniels connected FGE to King.
Stewart and Daniels made dozens of calls — to King, to trucking companies, to cargo jet owners. “Hey, Frank,” Daniels said into his cell. “Who is a good freight company?” And that would lead to the next call and the next.
By 5:20, Daniels had suggested they send a portion of the shipment by truck to Illinois, while they figured out how to get the rest on planes. Stewart insisted that he wanted to get the whole shipment there at once.
Then, a new idea emerged. Maybe they could buy some time by getting the VA to agree to an extension. Daniels had worked as a district director for U.S. Rep. Sheila Jackson Lee, a Texas Democrat, and got her office to draft a letter in support of FGE.
“Can you lend your voice to this veteran-owned, African American business?” Roosevelt said he asked the congresswoman. “And she said yes. She’s always willing to go to bat for folks who are trying to do the right thing.”
Stewart drafted a formal extension request, citing provisions in federal contracting law. As the evening wore on, what was at first frenetic determination to pull off a miracle subsided into resignation and then into finger-pointing — at King, the VA bureaucracy, the market itself.
Daniels says the deal went south because King and Stewart faced a challenging market, trying to move cash too fast, while the federal government doesn’t provide enough guidance for vendors.
“This situation with Troy King and Rob Stewart is you really have two good guys who had a lot of miscommunications,” he said. “One wasn’t communicating enough. One had his back against the wall.”
“Robert Stewart is a good guy,” Daniels said. “He’s a very honest guy.”
The group ordered tacos for what Stewart said was the company’s “last supper.” “I’ve done everything I can do,” Stewart said. “I called in every favor I had.”
A Federal Investigation
The next morning, as the dejected party boarded for a return flight, the pilot asked: “Anything I can get you before we take off?”
“Six million N95 masks,” Stewart quipped.
We landed in Georgia an hour and a half later, Stewart snapped photos with his family in front of the jet, and the two of us took off for Dulles.
The CEO was in the same gray suit as the previous day, now wrinkled. With his friends and family gone, his joviality had given way to exhaustion and the realization that this article probably wasn’t going to be one he liked. The optics of the private jet, he said, would not be good.
“The only reason I took the plane was because of my parents,” he said. “They’re old and I didn’t want them to get sick, and I wanted them to see this. I wanted to say thank you.”
Stewart said he had severed ties with King the previous night. Stewart said he and his team couldn’t track down any Juanita Ramos, the connection King purported to have to Pence’s task force. And King hadn’t sent over the invoice he needed for the VA.
“I absolutely do believe he made her up,” Stewart said Wednesday. King did not respond to a question about Ramos.
“He’s the one that made up this figment Ramos lady,” Stewart added. “I didn’t make that up.”
“After several conversations over the weekend, Mr. Stewart informed us that he had secured these masks through another source and that he would not need our services to secure the masks,” King said through a spokesperson. “There have been no further conversations between Mr. Stewart and me. No agreement was ever made, no contract was ever executed, and no money was ever exchanged.”
Stewart believes there were never any masks in LA or Atlanta.
“Every time you get ready to do the due diligence or whatever else — you ask to see the proof of life — people go: ‘Oh, well we don’t have that. We have this kind. Or we can’t do that until this week or this date.’ Stuff just never materializes. It’s a bunch of smoke and mirrors and ghosts.”
Stewart, to the end, maintained he would find a way to get masks to the VA. He followed up with the VA, offering a contract to get on a production line directly from 3M, at a cheaper cost, just $3.77 a mask.
But the VA terminated the deal Wednesday, after I inquired with the agency and a spokesperson for Pence’s task force. The agency didn’t tell Stewart directly, though he said he was made aware of the IG investigation.
“The story is that we started out trying to do the best thing for the country,” Stewart said. “I failed in that, ultimately.”
Back in DC, I asked a VA spokesperson why any of this, the FGE contract and intermediaries, was even necessary. Couldn’t the VA just buy masks directly?
The agency is waiting, along with much of the federal government, on FEMA, said spokeswoman Christina Noel. More than 166 million respirators are being produced by 3M under the Defense Production Act over the next few months, “some of which are being provided to the VA.”
In the meantime, the VA was hiring contractors to scour for additional masks.
“To meet the remainder of its N95 respirator needs, VA conducts additional acquisition activities with other vendors,” Noel said.
In the end, the VA ended up with precisely zero additional N95 masks from its deal with Stewart.
On the up side, the VA paid no money to FGE, Noel said.
As of Wednesday, more than 2,200 VA employees had tested positive for COVID-19.
Do you have access to information about federal contracts that should be public? Email [email protected]. Here’s how to send tips and documents to ProPublica securely.
Derek Willis and Lydia DePillis contributed reporting.