talkingpointsmemo--2020-04-29--The Trump Administration Has Put Federal Workers at Coronavirus Risk, Senators Say

This story first appeared at ProPublica .
ProPublica is a Pulitzer Prize-winning investigative newsroom .
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Democratic senators are questioning the Trump administration about whether it has been doing enough to protect federal workers during the coronavirus pandemic .
In a letter sent Monday to the White House , the senators demanded more information about the administration ’ s policies , and they cited ProPublica coverage detailing how agencies have come up short .
The administration has the “ authority and responsibility to make @ @ @ @ @ @ @ clear policies to protect these employees , ” wrote Sens .
Elizabeth Warren , D-Mass.
, Bernie Sanders , I-Vt. , and 20 other lawmakers .
Among the issues raised by the senators was the Postal Service ’ s apparent failure to tell employees whether they ’ ve been exposed to the coronavirus .
As ProPublica has reported , many workers say they weren ’ t notified about sick colleagues despite the Postal Service ’ s promise to do so .
The letter — sent to the White House ’ s Office of @ @ @ @ @ @ @ Office of Personnel Management — took the administration to task for not moving more quickly to allow federal employees to work from home : The government “ risked the safety of federal employees by waiting so long to issue strong telework guidance.
” As the letter notes , the Department of Veterans Affairs barred administrative employees from working from home , a policy that was reversed a day after ProPublica and New Mexico In Depth reported it .
The senators said agencies are still not consistently following through on the policies allowing employees @ @ @ @ @ @ @ one month after it was put in place , this guidance has still not led to a uniform or rapid shift to telework across all agencies.
” A spokesperson for the VA said that the agency is maximizing telework when possible and that its safety practices “ have helped limit Veterans Health Administration COVID-19 employee infection rates to less than 1 % of the workforce.
” A Postal Service spokesperson did not immediately respond to requests for comment .
The letter raised concerns not just about the administration ’ s record of protecting @ @ @ @ @ @ @ plan is going forward .
The White House issued a memo last week encouraging federal agencies to allow employees back to the office in low-risk areas .
“ Public health experts have expressed serious concerns about these guidelines and warned that there is still not sufficient testing , tracing , or personal protective equipment to know what , where , and when it is safe to relax certain social distancing and quarantine guidelines , ” the senators wrote .
A spokesperson with the Office of Management and Budget responded in a statement : @ @ @ @ @ @ @ consistent guidance throughout this crisis to maximize telework , and they are now working to return to normal operations as conditions warrant across each state.
” The White House ’ s guidance directs agencies to use a series of benchmarks based on coronavirus decline and medical preparedness in their offices ’ locations to decide when to return operations to normal .
Agency leaders , it says , must “ provide federal government leadership and momentum as an impetus toward a broader national return to normalcy.
” The senators asked the administration to answer @ @ @ @ @ @ @ and other safety protocols across federal agencies .
They asked for a response by May 11 .

This story 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.
Democratic senators are questioning the Trump administration about whether it has been doing enough to protect federal workers during the coronavirus pandemic. In a letter sent Monday to the White House, the senators demanded more information about the administration’s policies, and they cited ProPublica coverage detailing how agencies have come up short.
The administration has the “authority and responsibility to make sure that federal agencies have effective and clear policies to protect these employees,” wrote Sens. Elizabeth Warren, D-Mass., Bernie Sanders, I-Vt., and 20 other lawmakers.
Among the issues raised by the senators was the Postal Service’s apparent failure to tell employees whether they’ve been exposed to the coronavirus. As ProPublica has reported, many workers say they weren’t notified about sick colleagues despite the Postal Service’s promise to do so.
The letter — sent to the White House’s Office of Management and Budget as well as the Office of Personnel Management — took the administration to task for not moving more quickly to allow federal employees to work from home: The government “risked the safety of federal employees by waiting so long to issue strong telework guidance.” As the letter notes, the Department of Veterans Affairs barred administrative employees from working from home, a policy that was reversed a day after ProPublica and New Mexico In Depth reported it.
The senators said agencies are still not consistently following through on the policies allowing employees to work from home: “Almost one month after it was put in place, this guidance has still not led to a uniform or rapid shift to telework across all agencies.”
A spokesperson for the VA said that the agency is maximizing telework when possible and that its safety practices “have helped limit Veterans Health Administration COVID-19 employee infection rates to less than 1% of the workforce.” A Postal Service spokesperson did not immediately respond to requests for comment.
The letter raised concerns not just about the administration’s record of protecting federal employees, but also what the plan is going forward. The White House issued a memo last week encouraging federal agencies to allow employees back to the office in low-risk areas.
“Public health experts have expressed serious concerns about these guidelines and warned that there is still not sufficient testing, tracing, or personal protective equipment to know what, where, and when it is safe to relax certain social distancing and quarantine guidelines,” the senators wrote.
A spokesperson with the Office of Management and Budget responded in a statement: “Agencies have been given clear and consistent guidance throughout this crisis to maximize telework, and they are now working to return to normal operations as conditions warrant across each state.”
The White House’s guidance directs agencies to use a series of benchmarks based on coronavirus decline and medical preparedness in their offices’ locations to decide when to return operations to normal. Agency leaders, it says, must “provide federal government leadership and momentum as an impetus toward a broader national return to normalcy.”
The senators asked the administration to answer 12 questions about its implementation of telework and other safety protocols across federal agencies. They asked for a response by May 11.


talkingpointsmemo--2020-04-29--GOP-Led County Postures Over NC Guv’s Stay At Home Order And Quickly Retreats

It took only hours for the Republican commissioners of North Carolina ’ s Gaston County to back off their announcement that county businesses could reopen Wednesday evening despite Gov .
Roy Cooper ’ s ( D ) stay-at-home order .
Earlier Wednesday morning , the commissioners came out guns blazing with their green light for businesses , including gyms , dine-in restaurants and sporting venues , to open at 5 p.m. on Wednesday , despite the fact that Cooper ’ s order lasts until May 8 .
A few hours later , the commissioners issued a revised order highlighting that @ @ @ @ @ @ @ governor ’ s executive order .
“ Gov .
Cooper ’ s staff has rightly pointed out today that in response to Gaston County ’ s new order , taking effect at 5 p.m. today , it acknowledges that the state order supersedes our own , ” said a “ clarification ” posted to the county website .
But commissioner Tracy Philbeck , opining on Facebook live off and on during the day Wednesday , is maintaining that he supports businesses that choose to open anyway .
“ We can allow people to @ @ @ @ @ @ @ and doing social distancing , ” he said .
Painting himself as the leader of the movement , he said that though “ you ’ re going to see a lot of people backtracking and elected officials that are scared who don ’ t want to make a decision and will continue following the governor.
” “ I ’ m gon na stand with any business that does it anyway , ” he said of defying the governor ’ s order .
Per Cooper ’ s office , the commissioners ’ announcement was @ @ @ @ @ @ @ The order ’ s only effect is to create confusion during a public health emergency , which is dangerous , ” said the governor ’ s spokesman , Ford Porter , in a statement .
“ The Gaston order itself says that the statewide Stay at Home order remains in effect , and state leaders urge people to keep following it.
” Gaston County public information officer Adam Gaub said that while county staff supports Philbeck ’ s desire to reopen local businesses , they too are hamstrung by the governor ’ s @ @ @ @ @ @ @ policy for the county and staff has to implement that policy , ” he told TPM .
“ When a policy comes into conflict with the law , we can not ask our citizens or our staff to break the law.
” He added that county police would still be instructed to enforce the governor ’ s order .
The now-revised order was accompanied by a “ Gaston Promise , ” a document proclaiming that the commissioners were only breaking step with the governor to restore people ’ s right to work and @ @ @ @ @ @ @ of another Republican county vs. Democratic governor quarrel across the country .
Late last week , the Republican commissioners of Franklin County in Washington proclaimed business in the county open , arguing that Gov .
Jay Inslee ’ s ( D ) stay-at-home order was unconstitutional .
The governor ’ s lawyer responded with strongly-worded letter declaring the announcement both illegal and a threat to public health .
Hours later , one of the commissioners issued a mea culpa and called on his colleagues to rescind the order .
They did .

It took only hours for the Republican commissioners of North Carolina’s Gaston County to back off their announcement that county businesses could reopen Wednesday evening despite Gov. Roy Cooper’s (D) stay-at-home order.
Earlier Wednesday morning, the commissioners came out guns blazing with their green light for businesses, including gyms, dine-in restaurants and sporting venues, to open at 5 p.m. on Wednesday, despite the fact that Cooper’s order lasts until May 8.
A few hours later, the commissioners issued a revised order highlighting that the county was still subject to the governor’s executive order.
“Gov. Cooper’s staff has rightly pointed out today that in response to Gaston County’s new order, taking effect at 5 p.m. today, it acknowledges that the state order supersedes our own,” said a “clarification” posted to the county website.
But commissioner Tracy Philbeck, opining on Facebook live off and on during the day Wednesday, is maintaining that he supports businesses that choose to open anyway.
“We can allow people to work if they’re limiting capacity and doing social distancing,” he said.
Painting himself as the leader of the movement, he said that though “you’re going to see a lot of people backtracking and elected officials that are scared who don’t want to make a decision and will continue following the governor.”
“I’m gonna stand with any business that does it anyway,” he said of defying the governor’s order.
Per Cooper’s office, the commissioners’ announcement was toothless even before the revision.
“The order’s only effect is to create confusion during a public health emergency, which is dangerous,” said the governor’s spokesman, Ford Porter, in a statement. “The Gaston order itself says that the statewide Stay at Home order remains in effect, and state leaders urge people to keep following it.”
Gaston County public information officer Adam Gaub said that while county staff supports Philbeck’s desire to reopen local businesses, they too are hamstrung by the governor’s order.
“The board sets the policy for the county and staff has to implement that policy,” he told TPM. “When a policy comes into conflict with the law, we cannot ask our citizens or our staff to break the law.”
He added that county police would still be instructed to enforce the governor’s order.
The now-revised order was accompanied by a “Gaston Promise,” a document proclaiming that the commissioners were only breaking step with the governor to restore people’s right to work and to worship.
The back-and-forth is resonant of another Republican county vs. Democratic governor quarrel across the country.
Late last week, the Republican commissioners of Franklin County in Washington proclaimed business in the county open, arguing that Gov. Jay Inslee’s (D) stay-at-home order was unconstitutional.
The governor’s lawyer responded with strongly-worded letter declaring the announcement both illegal and a threat to public health. Hours later, one of the commissioners issued a mea culpa and called on his colleagues to rescind the order. They did.


talkingpointsmemo--2020-04-29--Medical Community Calls Out Fox News’ Favorite New Contrarian Docs

Two doctors and urgent care center owners advocating for the end of California ’ s “ shelter-in-place ” order have become Fox News ’ latest cause célèbre — even though their conclusions have been roundly dismissed by the medical community .
Drs .
Dan Erickson and Artin Massihi , owners of a string of urgent care facilities in Bakersfield and the surrounding area , went viral in recent days after claiming that public health orders to combat the spread of COVID-19 are harmful , and that the disease is much less deadly than public health authorities claim .
Fox News @ @ @ @ @ @ @ The pair were interviewed by Laura Ingraham in her prime time slot Monday and featured in Tucker Carlson ’ s monologues two days in a row .
Erickson spoke to Shannon Bream in her 11 p.m. slot Tuesday night , and the doctors ’ viral local news briefing — which was taken down by YouTube this week after being promoted by Elon Musk and others — was the focus of a “ Fox & Friends ” segment Wednesday morning .
And yet , doctors across the country say the pair ’ s conclusions @ @ @ @ @ @ @ of Emergency Physicians and the American Academy of Emergency Medicine on Monday said in a statement that they “ emphatically condemn ” Erickson and Massihi ’ s pronouncements , and that the doctors ’ “ reckless and untested musings do not speak for medical societies and are inconsistent with current science and epidemiology regarding COVID-19.
” “ ACEP and AAEM strongly advise against using any statements of Drs .
Erickson and Massihi as a basis for policy and decision making , ” the groups said .
The video that shot the doctors into @ @ @ @ @ @ @ for local media , centered on the roughly 5,000 COVID-19 tests that Accelerated Urgent Care , Erickson and Massihi ’ s chain of clinics , has conducted on patients from Kern County and the surrounding area .
Based on the rate of positive tests among their patients — as well as testing numbers in California , New York , and nationwide — the doctors projected that tens of millions more Americans currently have COVID-19 than public health officials have acknowledged .
Using the current number of confirmed COVID-19 deaths , the pair extrapolated @ @ @ @ @ @ @ was much lower than experts believe , and therefore that it would be safe to ease up on quarantine orders .
But doctors and experts quickly called foul : Many COVID-19 deaths are unrecorded as such , they pointed out , and estimating COVID-19 infection rates based on positive tests at urgent care centers “ is a bit like estimating the average height of Americans from the players on an NBA court , ” the University of Washington biologist Carl Bergstrom tweeted .
Rob Davidson , an emergency room doctor and executive director @ @ @ @ @ @ @ , said the duo ’ s math “ is full of bad assumptions.
” Erickson and Massihi implied in their presentation that local hospital administrators had pressured doctors to report COVID-19 as patients ’ causes of death in order to “ make it look a little bit worse than it it.
” Pressed on why hospital administrator would do this , Erickson simply said “ there is something else going on.
” When public health officials use the word “ safe , ” he said , “ that is about controlling you.
” @ @ @ @ @ @ @ conspiracizing , the pair have been a hit on Fox News .
“ These are serious people who ’ ve done this for a living for decades , ” Carlson said Monday , after airing a clip from their YouTube press briefing .
Interviewing the doctors later Monday , Ingraham said four people had sent her their videos in the course of an hour .
“ You struck a nerve , ” she said .
( A Fox News spokesperson pointed out to TPM that Ingraham brought up Davidson ’ s criticisms of @ @ @ @ @ @ @ ’ s star power only grew after YouTube removed video of their briefing from the YouTube channel of KERO-TV on Monday because it violated YouTube ’ s rules against content that explicitly disputes the efficacy of local health authorities ’ “ recommended guidance on social distancing that may lead others to act against that guidance.
” “ SILENCED BY BIG TECH ” a graphic on Carlson ’ s next monologue read .
“ Looking back when all of this is finally over , and it will be , it ’ s likely we @ @ @ @ @ @ @ YouTube just did — as a turning point in the way we live in this country , ” Carlson proclaimed , “ a sharp break with 250 years of law and custom.
” Later Wednesday , speaking to Fox News ’ Shannon Bream , Erickson said , “ I would like to educate YouTube about herd immunity.
” The YouTube take down was featured yet again on Wednesday morning , near the top of the 7 o ’ clock hour on one of the President ’ s favorite programs , “ Fox & @ @ @ @ @ @ @ ” former Arkansas Gov .
Mike Huckabee said of the YouTube statement .
“ These are doctors that came up with hard numbers and stats .
All they said was ‘ argue with my numbers ! '
” Kilmead exclaimed in response , before playing yet another clip of Dr. Erickson .

Two doctors and urgent care center owners advocating for the end of California’s “shelter-in-place” order have become Fox News’ latest cause célèbre — even though their conclusions have been roundly dismissed by the medical community.
Drs. Dan Erickson and Artin Massihi, owners of a string of urgent care facilities in Bakersfield and the surrounding area, went viral in recent days after claiming that public health orders to combat the spread of COVID-19 are harmful, and that the disease is much less deadly than public health authorities claim.
Fox News has taken to it like catnip: The pair were interviewed by Laura Ingraham in her prime time slot Monday and featured in Tucker Carlson’s monologues two days in a row. Erickson spoke to Shannon Bream in her 11 p.m. slot Tuesday night, and the doctors’ viral local news briefing — which was taken down by YouTube this week after being promoted by Elon Musk and others — was the focus of a “Fox & Friends” segment Wednesday morning.
And yet, doctors across the country say the pair’s conclusions are just… wrong.
The American College of Emergency Physicians and the American Academy of Emergency Medicine on Monday said in a statement that they “emphatically condemn” Erickson and Massihi’s pronouncements, and that the doctors’ “reckless and untested musings do not speak for medical societies and are inconsistent with current science and epidemiology regarding COVID-19.”
“ACEP and AAEM strongly advise against using any statements of Drs. Erickson and Massihi as a basis for policy and decision making,” the groups said.
The video that shot the doctors into the spotlight was formatted as a briefing for local media, centered on the roughly 5,000 COVID-19 tests that Accelerated Urgent Care, Erickson and Massihi’s chain of clinics, has conducted on patients from Kern County and the surrounding area.
Based on the rate of positive tests among their patients — as well as testing numbers in California, New York, and nationwide — the doctors projected that tens of millions more Americans currently have COVID-19 than public health officials have acknowledged. Using the current number of confirmed COVID-19 deaths, the pair extrapolated that the mortality rate from the disease was much lower than experts believe, and therefore that it would be safe to ease up on quarantine orders.
But doctors and experts quickly called foul: Many COVID-19 deaths are unrecorded as such, they pointed out, and estimating COVID-19 infection rates based on positive tests at urgent care centers “is a bit like estimating the average height of Americans from the players on an NBA court,” the University of Washington biologist Carl Bergstrom tweeted.
Rob Davidson, an emergency room doctor and executive director of the group Committee to Protect Medicare, said the duo’s math “is full of bad assumptions.”
Erickson and Massihi implied in their presentation that local hospital administrators had pressured doctors to report COVID-19 as patients’ causes of death in order to “make it look a little bit worse than it it.” Pressed on why hospital administrator would do this, Erickson simply said “there is something else going on.”
When public health officials use the word “safe,” he said, “that is about controlling you.”
Between the shaky math and the vague conspiracizing, the pair have been a hit on Fox News. “These are serious people who’ve done this for a living for decades,” Carlson said Monday, after airing a clip from their YouTube press briefing.
Interviewing the doctors later Monday, Ingraham said four people had sent her their videos in the course of an hour. “You struck a nerve,” she said. (A Fox News spokesperson pointed out to TPM that Ingraham brought up Davidson’s criticisms of the pair.)
Erickson and Massihi’s star power only grew after YouTube removed video of their briefing from the YouTube channel of KERO-TV on Monday because it violated YouTube’s rules against content that explicitly disputes the efficacy of local health authorities’ “recommended guidance on social distancing that may lead others to act against that guidance.”
“SILENCED BY BIG TECH” a graphic on Carlson’s next monologue read.
“Looking back when all of this is finally over, and it will be, it’s likely we’ll see this moment — what YouTube just did — as a turning point in the way we live in this country,” Carlson proclaimed, “a sharp break with 250 years of law and custom.”
Later Wednesday, speaking to Fox News’ Shannon Bream, Erickson said, “I would like to educate YouTube about herd immunity.”
The YouTube take down was featured yet again on Wednesday morning, near the top of the 7 o’clock hour on one of the President’s favorite programs, “Fox & Friends.”
“Nonsense word salad,” former Arkansas Gov. Mike Huckabee said of the YouTube statement.
“These are doctors that came up with hard numbers and stats. All they said was ‘argue with my numbers!'” Kilmead exclaimed in response, before playing yet another clip of Dr. Erickson.


talkingpointsmemo--2020-04-29--Texas Attorney General Helped Donor Fight COVID Lockdown In Colorado County

AUSTIN , Texas ( AP ) — When a small county in the Colorado mountains banished everyone but locals to blunt the spread of the coronavirus , an unlikely outsider raised a fuss : Texas Attorney General Ken Paxton , who called it an affront to Texans who own property there and pressed health officials to soften the rules .
“ The banishment of nonresident Texas homeowners is entirely unconstitutional and unacceptable , ” Paxton said in a news release April 9 , when his office sent a letter asking authorities in Gunnison County to reverse course .
An Associated @ @ @ @ @ @ @ records shows Paxton ’ s actions stood to benefit an exclusive group of Texans , including a Dallas donor and college classmate who helped Paxton launch his run for attorney general and had spent five days trying to get a waiver to remain in his $ 4 million lakeside home .
Robert McCarter ’ s neighbors in the wealthy Colorado enclave of Crested Butte are also Paxton campaign contributors , including a Texas oilman who has given Paxton and his wife , state Sen. Angela Paxton , more than $ 252,000 .
Less @ @ @ @ @ @ @ letter , Gunnison County granted McCarter an exemption to stay , according to documents obtained by AP .
The county says the timing was coincidental .
The depth of Paxton ’ s connections in the heart of the Rocky Mountains , which were not previously known publicly , raise questions about Texas ’ top law enforcement officer using his office to lean on a secluded Colorado county as it scrambled to keep COVID-19 at bay .
Paxton has at least nine donors in Texas who own property in Gunnison County , and who @ @ @ @ @ @ @ nearly $ 2 million in political contributions .
He sent the letter even as his own state was requiring people arriving from New Orleans and New York to self-quarantine for 14 days .
Paxton spokesman Marc Rylander said in an email that “ it is a normal practice for the attorney general to speak with multiple constituents from around Texas about issues pertinent to Texas residents.
” Asked whether Paxton had spoken to McCarter or other donors before getting involved in Gunnison County , another spokeswoman , Kayleigh Date , said they could @ @ @ @ @ @ @ not respond to multiple calls and emails seeking comment .
Paxton , a Republican who is in his second term , has raised his national profile as a conservative crusader under President Donald Trump , including leading a lawsuit against the Affordable Care Act that goes before the Supreme Court this fall .
He also has spent nearly his entire five years in office under felony indictment for securities fraud .
Paxton has pleaded not guilty , and the case has stalled for two years over legal challenges .
Legal experts and watchdogs @ @ @ @ @ @ @ could deserve attention from Texas ethics regulators .
“ If Attorney General Paxton used his position to deliberately intervene with Colorado officials to benefit a major campaign donor , the Texas Ethics Commission should immediately investigate whether he violated state laws , ” said Daniel Stevens , executive director of the left-leaning Campaign for Accountability in Washington .
Gunnison County , some 200 miles ( 320 kilometers ) southwest of Denver , has reported more than 100 cases of the virus and at least four deaths .
The remote community of 17,000 people @ @ @ @ @ @ @ and no intensive care unit , and health officials cited the scarcity of resources in ordering nonresidents to leave .
Fewer than 2,000 property owners are from Texas , according to the Gunnison County Assessor ’ s Office .
The county says the average home value in 2019 was more than $ 578,000 , and Mountain Living magazine in 2017 described McCarter ’ s neighborhood as a place “ where the rustic homes resemble national park lodges.
” Prior to Paxton ’ s letter , McCarter asked the county twice about getting a @ @ @ @ @ @ @ healthy and had a “ freezer full of elk ” from a hunting trip that would last for months , according to documents obtained under Colorado open records laws .
Gunnison County Manager Matthew Birnie said Paxton ’ s letter did not influence McCarter getting a waiver , or later changes to the public health order .
“ Our public health officials had no knowledge of the connection between the McCarters and AG Paxton and even if they had it would have had no effect on decision-making , ” Birnie said .
Paxton @ @ @ @ @ @ @ 1980s , and a yearbook shows them together in group photos .
McCarter ’ s only political contribution in Texas campaign finance records is a $ 5,000 donation to Paxton in 2013 , on the day Paxton filed his candidacy for attorney general .
McCarter ’ s neighbors include Texans who made far bigger contributions , though records show none of them asked for waivers during the lockout .
They include Midland oilman Kyle Stallings , who has given Paxton and his wife more than $ 252,000 in individual donations .
He declined @ @ @ @ @ @ @ has property in Gunnison County and has helped steer $ 1.6 million in political contributions to the Paxtons .
A spokeswoman says he has been staying in Houston and had not discussed the Colorado restrictions with Paxton .
Bleiberg reported from Dallas .
Associated Press researchers Randy Herschaft , Rhonda Shafner and Jennifer Farrar in New York contributed to this report .
Follow Jake Bleiberg at www.twitter.com/jzbleiberg and Paul J. Weber at www.twitter.com/pauljweber .
Follow AP news coverage of the coronavirus pandemic at http : //apnews.com/VirusOutbreak and https : //apnews.com/UnderstandingtheOutbreak .

AUSTIN, Texas (AP) — When a small county in the Colorado mountains banished everyone but locals to blunt the spread of the coronavirus, an unlikely outsider raised a fuss: Texas Attorney General Ken Paxton, who called it an affront to Texans who own property there and pressed health officials to soften the rules.
“The banishment of nonresident Texas homeowners is entirely unconstitutional and unacceptable,” Paxton said in a news release April 9, when his office sent a letter asking authorities in Gunnison County to reverse course.
An Associated Press review of county and campaign finance records shows Paxton’s actions stood to benefit an exclusive group of Texans, including a Dallas donor and college classmate who helped Paxton launch his run for attorney general and had spent five days trying to get a waiver to remain in his $4 million lakeside home. Robert McCarter’s neighbors in the wealthy Colorado enclave of Crested Butte are also Paxton campaign contributors, including a Texas oilman who has given Paxton and his wife, state Sen. Angela Paxton, more than $252,000.
Less than three hours after Paxton announced the letter, Gunnison County granted McCarter an exemption to stay, according to documents obtained by AP. The county says the timing was coincidental.
The depth of Paxton’s connections in the heart of the Rocky Mountains, which were not previously known publicly, raise questions about Texas’ top law enforcement officer using his office to lean on a secluded Colorado county as it scrambled to keep COVID-19 at bay. Paxton has at least nine donors in Texas who own property in Gunnison County, and who collectively have given him and his wife nearly $2 million in political contributions. He sent the letter even as his own state was requiring people arriving from New Orleans and New York to self-quarantine for 14 days.
Paxton spokesman Marc Rylander said in an email that “it is a normal practice for the attorney general to speak with multiple constituents from around Texas about issues pertinent to Texas residents.” Asked whether Paxton had spoken to McCarter or other donors before getting involved in Gunnison County, another spokeswoman, Kayleigh Date, said they could not reveal specific homeowners.
McCarter did not respond to multiple calls and emails seeking comment.
Paxton, a Republican who is in his second term, has raised his national profile as a conservative crusader under President Donald Trump, including leading a lawsuit against the Affordable Care Act that goes before the Supreme Court this fall. He also has spent nearly his entire five years in office under felony indictment for securities fraud. Paxton has pleaded not guilty, and the case has stalled for two years over legal challenges.
Legal experts and watchdogs say Paxton getting involved in Gunnison County could deserve attention from Texas ethics regulators.
“If Attorney General Paxton used his position to deliberately intervene with Colorado officials to benefit a major campaign donor, the Texas Ethics Commission should immediately investigate whether he violated state laws,” said Daniel Stevens, executive director of the left-leaning Campaign for Accountability in Washington.
Gunnison County, some 200 miles (320 kilometers) southwest of Denver, has reported more than 100 cases of the virus and at least four deaths. The remote community of 17,000 people has only one hospital with 24 beds and no intensive care unit, and health officials cited the scarcity of resources in ordering nonresidents to leave.
Fewer than 2,000 property owners are from Texas, according to the Gunnison County Assessor’s Office. The county says the average home value in 2019 was more than $578,000, and Mountain Living magazine in 2017 described McCarter’s neighborhood as a place “where the rustic homes resemble national park lodges.”
Prior to Paxton’s letter, McCarter asked the county twice about getting a waiver, writing that his family was healthy and had a “freezer full of elk” from a hunting trip that would last for months, according to documents obtained under Colorado open records laws.
Gunnison County Manager Matthew Birnie said Paxton’s letter did not influence McCarter getting a waiver, or later changes to the public health order.
“Our public health officials had no knowledge of the connection between the McCarters and AG Paxton and even if they had it would have had no effect on decision-making,” Birnie said.
Paxton and McCarter attended Baylor University in the 1980s, and a yearbook shows them together in group photos. McCarter’s only political contribution in Texas campaign finance records is a $5,000 donation to Paxton in 2013, on the day Paxton filed his candidacy for attorney general.
McCarter’s neighbors include Texans who made far bigger contributions, though records show none of them asked for waivers during the lockout. They include Midland oilman Kyle Stallings, who has given Paxton and his wife more than $252,000 in individual donations. He declined comment.
Houston homebuilder Richard Weekley also has property in Gunnison County and has helped steer $1.6 million in political contributions to the Paxtons. A spokeswoman says he has been staying in Houston and had not discussed the Colorado restrictions with Paxton.
___
Bleiberg reported from Dallas. Associated Press researchers Randy Herschaft, Rhonda Shafner and Jennifer Farrar in New York contributed to this report.
___
Follow Jake Bleiberg at www.twitter.com/jzbleiberg and Paul J. Weber at www.twitter.com/pauljweber.
___
Follow AP news coverage of the coronavirus pandemic at http://apnews.com/VirusOutbreak and https://apnews.com/UnderstandingtheOutbreak.


talkingpointsmemo--2020-04-29--Governors Are Having A Moment — And Political Hopefuls Are Trying To Grab That Spotlight

In the chasm left by the Trump administration ’ s chaotic approach to the coronavirus pandemic , governors have stepped into the spotlight .
And it has accordingly boosted their profiles .
From attempts to draft New York Gov .
Andrew Cuomo ( D ) into the presidential race , to buzz about Michigan Gov .
Gretchen Whitmer ( D ) becoming worthy of Joe Biden ’ s vice presidential shortlist , there has been a clear political upside to being in charge .
Current and likely future political candidates are taking note .
In Kansas and Pennsylvania , Republican @ @ @ @ @ @ @ and , in effect , useless — reopening plans .
Susan Wagle , president of the Kansas Senate and frequent agitator of Gov .
Laura Kelly ( D ) , proposed her plan on Tuesday .
She is also , not coincidentally , running to fill the seat vacated by the retiring Sen. Pat Roberts ( R ) .
The Republican primary is August 4 .
“ Susan Wagle ’ s Plan To Reopen The Economy Safely : Our workers , small businesses and farmers are depending on it , ” her plan @ @ @ @ @ @ @ s stay-at-home order expire on May 1 and then shifting authority to county governments to decide how much to relax social distancing for their region .
The plan is dappled with Kelly criticisms , saying at one point about the scarcity of available tests that “ Governor Laura Kelly needs to stop complaining and act.
” It also wallops her for the technological issues the state has been having with processing an influx of unemployment claims .
On the whole , it calls for the reopening of everything but nursing homes , buffets @ @ @ @ @ @ @ games .
Kelly ’ s own plan is scheduled for release on Thursday .
Wagle , along with many of her fellow Republicans , has been criticizing Kelly for executive overreach and already tangled with her in court over an executive order banning large church gatherings .
Something similar is happening in Pennsylvania .
Sen. Pat Toomey ( R-PA ) rolled out his reopening plan a day after Gov .
Tom Wolf ( D ) unveiled the official one on April 23 .
Toomey , widely suspected to be gunning for the governor @ @ @ @ @ @ @ is term-limited out , told reporters that he called Wolf and urged him to look at the alternative plan for “ constructive suggestions.
” Toomey ’ s plan would move faster than Wolf ’ s county-by-county approach , pushing up the dates that wide swaths of the economy could be reopened .
Wolf said in his press conference the day after that he ’ s sticking with his own plan and that there are “ some areas ” he and the senator don ’ t agree on .
Toomey dismissed speculation about his @ @ @ @ @ @ @ week , assuring reporters that he loves his job and is focused on the current moment .
Nonetheless , instead of sending the governor his recommendations in private or deferring to Wolf ’ s authority completely , he published his plan online for all to see .
It even has its own branding : # PAStartsUpSafely , complete with a color-coordinated logo .

In the chasm left by the Trump administration’s chaotic approach to the coronavirus pandemic, governors have stepped into the spotlight.
And it has accordingly boosted their profiles. From attempts to draft New York Gov. Andrew Cuomo (D) into the presidential race, to buzz about Michigan Gov. Gretchen Whitmer (D) becoming worthy of Joe Biden’s vice presidential shortlist, there has been a clear political upside to being in charge.
Current and likely future political candidates are taking note.
In Kansas and Pennsylvania, Republican politicians have published their own alternative — and, in effect, useless — reopening plans.
Susan Wagle, president of the Kansas Senate and frequent agitator of Gov. Laura Kelly (D), proposed her plan on Tuesday. She is also, not coincidentally, running to fill the seat vacated by the retiring Sen. Pat Roberts (R). The Republican primary is August 4.
“Susan Wagle’s Plan To Reopen The Economy Safely: Our workers, small businesses and farmers are depending on it,” her plan proclaims.
She proposes letting Kelly’s stay-at-home order expire on May 1 and then shifting authority to county governments to decide how much to relax social distancing for their region.
The plan is dappled with Kelly criticisms, saying at one point about the scarcity of available tests that “Governor Laura Kelly needs to stop complaining and act.” It also wallops her for the technological issues the state has been having with processing an influx of unemployment claims.
On the whole, it calls for the reopening of everything but nursing homes, buffets and large events like concerts and sports games.
Kelly’s own plan is scheduled for release on Thursday.
Wagle, along with many of her fellow Republicans, has been criticizing Kelly for executive overreach and already tangled with her in court over an executive order banning large church gatherings.
Something similar is happening in Pennsylvania.
Sen. Pat Toomey (R-PA) rolled out his reopening plan a day after Gov. Tom Wolf (D) unveiled the official one on April 23.
Toomey, widely suspected to be gunning for the governor’s mansion in 2022 after Wolf is term-limited out, told reporters that he called Wolf and urged him to look at the alternative plan for “constructive suggestions.”
Toomey’s plan would move faster than Wolf’s county-by-county approach, pushing up the dates that wide swaths of the economy could be reopened.
Wolf said in his press conference the day after that he’s sticking with his own plan and that there are “some areas” he and the senator don’t agree on.
Toomey dismissed speculation about his gubernatorial aspirations prompted by his intervention last week, assuring reporters that he loves his job and is focused on the current moment.
Nonetheless, instead of sending the governor his recommendations in private or deferring to Wolf’s authority completely, he published his plan online for all to see. It even has its own branding: #PAStartsUpSafely, complete with a color-coordinated logo.


talkingpointsmemo--2020-04-29--Trump Walks Back Huge Goal For Tests After His Own Testing Chief Said It Was Impossible

On Wednesday , President Donald Trump retracted his claim that the U.S. will soon be able to administer 5 million COVID-19 tests every day after his own testing director on the White House task force , Admiral Brett Giroir , emphatically rejected the possibility of that goal .
“ Somebody started throwing around five million , ” Trump told reporters , referring to a Harvard University study that found that reopening the economy would only be feasible if the government were able to do at least five million tests daily by early June , and then ramp it up to @ @ @ @ @ @ @ July .
“ I didn ’ t say 5 million , ” Trump said , despite the fact that he had said exactly that the day before .
On Tuesday , Trump had told a reporter that “ we ’ re going to be there very soon ” when she asked if the U.S. would be able to carry out 5 million tests a day .
That was the same day Giroir told TIME that “ there is absolutely no way on Earth , on this planet or any other planet , that @ @ @ @ @ @ @ day , or even 5 million tests a day .
”

On Wednesday, President Donald Trump retracted his claim that the U.S. will soon be able to administer 5 million COVID-19 tests every day after his own testing director on the White House task force, Admiral Brett Giroir, emphatically rejected the possibility of that goal.
“Somebody started throwing around five million,” Trump told reporters, referring to a Harvard University study that found that reopening the economy would only be feasible if the government were able to do at least five million tests daily by early June, and then ramp it up to 20 million tests each day by late July.
“I didn’t say 5 million,” Trump said, despite the fact that he had said exactly that the day before.
On Tuesday, Trump had told a reporter that “we’re going to be there very soon” when she asked if the U.S. would be able to carry out 5 million tests a day.
That was the same day Giroir told TIME that “there is absolutely no way on Earth, on this planet or any other planet, that we can do 20 million tests a day, or even 5 million tests a day.”


talkingpointsmemo--2020-04-29--Car Crashes Plummet As The US Sees What It’s Like To Shut Down

One is that the frequency of car accidents — and deaths and injuries associated with them — has plummeted across the U.S. as the country ’ s workforce stays home .
Data obtained by TPM shows that car accidents in New York City halved in March and April 2020 , compared to the same timeframe in 2019 .
A California study , run by the University of California-Davis ’ s Road Ecology center , found a similar decrease in car crashes .
Meanwhile , the state of Illinois recorded twelve fewer deaths to date than in 2019 , while the @ @ @ @ @ @ @ saw 31 percent fewer car accident calls in March and April of 2020 compared to the same period in 2019 .
So , what does it all add up to ?
What the data suggests , researchers told TPM , is that as lockdowns came into effect , fewer people traveling on the roads cut the frequency of car accidents roughly in half .
With fewer cars on the roads , data also suggest that drivers ’ average speed increased .
The New York City data records nearly 31,500 car accidents from March @ @ @ @ @ @ @ .
Over the same time period in 2020 the number was slightly less than half : 14,014 .
The amount of people injured while driving in NYC also dropped accordingly — from 8,546 over the same timeframe in 2019 , to 4,106 in 2020 .
Road deaths decreased year-by-year with 34 over the same time period in 2019 , to 14 in 2020 .
For the first time in my life , I wake up to the sound of birds outside my window — and I live by the FDR , ” – @ @ @ @ @ @ @ City ’ s walking , biking , and public transportation advocacy group Transportation Alternatives and a resident of the city , told TPM , referring to FDR Drive , a three-lane freeway running along Manhattan ’ s East Side .
Harris noted that as the frequency of car trips have gone down , speeding has dramatically increased as drivers face empty streets .
“ If the number deaths have declined in comparison to what they were , speeding is up significantly , ” Harris said .
“ We ’ re seeing a significant @ @ @ @ @ @ @ seeing that camera violations are double what they were a month ago.
” UC Davis researchers found a similar pattern in California .
Fraser Shilling , director of the university ’ s road ecology center , observed “ statistically significant ” increases in average traffic speed around the state since California Governor Gavin Newsom ( D ) put the state under lockdown .
Shilling catalogued the findings , based on California Highway Patrol data , in a report titled Impact of COVID19 Mitigation on California Traffic Crashes .
The report also noted that @ @ @ @ @ @ @ 500 fatal crashes each day to 200 under lockdown conditions .
The car fatality numbers are dropping as the country grapples with trying to determine the pandemic ’ s true death toll .
Statistics compiled by Johns Hopkins University put the number of people who have died of COVID at around 54,000 , as of this writing .
But the number fails to include so-called excess deaths — or people who died of the illness without ever being diagnosed or who died because of secondary effects of the pandemic , such as lack @ @ @ @ @ @ @ surgeries .
Sherry Towers , an epidemiologist at Purdue University , said it wasn ’ t clear yet what impact the reduced road fatalities would have on the overall death rate .
It typically takes at least two years for the federal government to compile information from all the states and sort it into categories by cause of death .
But to Harris , the New York activist , the slowdown in traffic could present more of an opportunity to American cities .
Milan and Paris have taken advantage of the change in @ @ @ @ @ @ @ paths around their cities , as citizens are wary of public transit but accustomed to not using cars to get around .
“ When Wuhan went back to normal , immediately they saw a doubling in driving , and you can take a look at images when they went back , highway roads were completely filled , and it was starting to impact air quality on the first day , ” he said .
“ The other model is Milan , Paris , or San Francisco , where they ’ re thinking about @ @ @ @ @ @ @ needs , but long-term infrastructure improvements .
”

History’s biggest social experiment is starting to yield weird results.
One is that the frequency of car accidents — and deaths and injuries associated with them — has plummeted across the U.S. as the country’s workforce stays home.
Data obtained by TPM shows that car accidents in New York City halved in March and April 2020, compared to the same timeframe in 2019.
A California study, run by the University of California-Davis’s Road Ecology center, found a similar decrease in car crashes.
Meanwhile, the state of Illinois recorded twelve fewer deaths to date than in 2019, while the city of Seattle’s 911 operators saw 31 percent fewer car accident calls in March and April of 2020 compared to the same period in 2019.
So, what does it all add up to?
What the data suggests, researchers told TPM, is that as lockdowns came into effect, fewer people traveling on the roads cut the frequency of car accidents roughly in half. With fewer cars on the roads, data also suggest that drivers’ average speed increased.
The New York City data records nearly 31,500 car accidents from March 1 to April 24, in 2019.
Over the same time period in 2020 the number was slightly less than half: 14,014.
The amount of people injured while driving in NYC also dropped accordingly — from 8,546 over the same timeframe in 2019, to 4,106 in 2020. Road deaths decreased year-by-year with 34 over the same time period in 2019, to 14 in 2020.
For the first time in my life, I wake up to the sound of birds outside my window — and I live by the FDR,” – Danny Harris, head of New York City’s walking, biking, and public transportation advocacy group Transportation Alternatives and a resident of the city, told TPM, referring to FDR Drive, a three-lane freeway running along Manhattan’s East Side.
Harris noted that as the frequency of car trips have gone down, speeding has dramatically increased as drivers face empty streets.
“If the number deaths have declined in comparison to what they were, speeding is up significantly,” Harris said. “We’re seeing a significant reduction in traffic and we’re seeing that camera violations are double what they were a month ago.”
UC Davis researchers found a similar pattern in California. Fraser Shilling, director of the university’s road ecology center, observed “statistically significant” increases in average traffic speed around the state since California Governor Gavin Newsom (D) put the state under lockdown.
Shilling catalogued the findings, based on California Highway Patrol data, in a report titled Impact of COVID19 Mitigation on California Traffic Crashes.
The report also noted that California went from recording an average of 500 fatal crashes each day to 200 under lockdown conditions.
The car fatality numbers are dropping as the country grapples with trying to determine the pandemic’s true death toll.
Statistics compiled by Johns Hopkins University put the number of people who have died of COVID at around 54,000, as of this writing. But the number fails to include so-called excess deaths — or people who died of the illness without ever being diagnosed or who died because of secondary effects of the pandemic, such as lack of access to emergency rooms or elective surgeries.
Sherry Towers, an epidemiologist at Purdue University, said it wasn’t clear yet what impact the reduced road fatalities would have on the overall death rate. It typically takes at least two years for the federal government to compile information from all the states and sort it into categories by cause of death.
But to Harris, the New York activist, the slowdown in traffic could present more of an opportunity to American cities. Milan and Paris have taken advantage of the change in traffic to begin large-scale installation of biking paths around their cities, as citizens are wary of public transit but accustomed to not using cars to get around.
“When Wuhan went back to normal, immediately they saw a doubling in driving, and you can take a look at images when they went back, highway roads were completely filled, and it was starting to impact air quality on the first day,” he said. “The other model is Milan, Paris, or San Francisco, where they’re thinking about it not just for immediate physical distancing needs, but long-term infrastructure improvements.”


talkingpointsmemo--2020-04-29--Jared Kushner: We’re Doing Amazing With This Pandemic!

Jared Kushner , a White House senior adviser and son-in-law to President Donald Trump , praised himself and the rest of the administration on Wednesday morning for its efforts to reopen the U.S. economy during the COVID-19 pandemic .
Kushner ’ s comments came after the nation ’ s death toll from coronavirus surpassed the Vietnam War .
“ I think that we ’ ve achieved all the different milestones that are needed , ” Kushner said during an interview on “ Fox and Friends.
” “ So , the government — federal government — rose to the challenge and @ @ @ @ @ @ @ I think that that ’ s really what needs to be told.
” The eyebrow-raising comment is part of the White House ’ s attempt to clean up its image amid criticism that the President took too long to respond to the pandemic and did not sufficiently prepare for the crisis .
However , Trump ’ s self-praise comes as COVID-19 cases and fatalities in the U.S. keep piling up to the point where the death toll is now higher than the number of Americans who died during the Vietnam War .
On @ @ @ @ @ @ @ who say it ’ s too risky to lift federal guidelines urging people to stay inside right now as the country scrambles to mitigate the outbreak .
“ The eternal lockdown crowd can make jokes on late night television , but the reality is that the data is on our side , ” he said .
But many governors , Democratic and Republican , have thrown cold water on the White House ’ s push to allow businesses to reopen , as have health officials .
Additionally , none of the states have @ @ @ @ @ @ @ recommending that state economies reopen if the number of cases decline for 14 consecutive days .

Jared Kushner, a White House senior adviser and son-in-law to President Donald Trump, praised himself and the rest of the administration on Wednesday morning for its efforts to reopen the U.S. economy during the COVID-19 pandemic.
Kushner’s comments came after the nation’s death toll from coronavirus surpassed the Vietnam War.
“I think that we’ve achieved all the different milestones that are needed,” Kushner said during an interview on “Fox and Friends.” “So, the government — federal government — rose to the challenge and this is a great success story and I think that that’s really what needs to be told.”
The eyebrow-raising comment is part of the White House’s attempt to clean up its image amid criticism that the President took too long to respond to the pandemic and did not sufficiently prepare for the crisis.
However, Trump’s self-praise comes as COVID-19 cases and fatalities in the U.S. keep piling up to the point where the death toll is now higher than the number of Americans who died during the Vietnam War.
On Wednesday, Kushner also swiped at critics who say it’s too risky to lift federal guidelines urging people to stay inside right now as the country scrambles to mitigate the outbreak.
“The eternal lockdown crowd can make jokes on late night television, but the reality is that the data is on our side,” he said.
But many governors, Democratic and Republican, have thrown cold water on the White House’s push to allow businesses to reopen, as have health officials.
Additionally, none of the states have met the federal government’s guidelines recommending that state economies reopen if the number of cases decline for 14 consecutive days.
Watch Kushner below:


talkingpointsmemo--2020-04-29--Appeals Court Rules Against Kansas Voter Restriction Championed By Kobach

The 10th U.S .
Circuit Court of Appeals ruled against Kansas ’ proof-of-citizenship voter registration requirement in a decision issued Wednesday .
The appeals court backed the trial judge ’ s finding that the requirement , which was championed by then-Kansas Secretary of State Kris Kobach ( R ) , violated both the Equal Protection clause of the Constitution and the National Voter Registration Act .
The appeals court pointed to the record that been established during the 2018 trial that showed that some 30,000 Kansans were removed from the rolls due to the requirement .
Kobach — who led @ @ @ @ @ @ @ could only provide 39 examples of noncitizens being registers to vote in Kansas within the last 19 years .
The appeals court concluded that the “ significant burden ” that the law was shown to impose on voters was not justified by the “ incredibly slight evidence that Kansas ’ s interest in counting only the votes of eligible voters is under threat.
” “ [ W ] e agree with the Secretary that Kansas ’ s interest in counting only the votes of eligible voters is legitimate in the abstract , but @ @ @ @ @ @ @ not see any evidence that such an interest made it necessary to burden voters ’ rights here , ” the appeals court said .
Much of the opinion focused on distinguishing the Kansas case from a 2008 Supreme Court ruling okaying an Iowa voter ID requirement .
The 10th Circuit said that Kansas ’ back-up plan for voters who didn ’ t have proof of their citizenship — in which they were required to participate in a board hearing with top state officials — was not comparable to the “ safety valve ” @ @ @ @ @ @ @ which let voters without ID sign affidavits affirming their identity .
The Kansas procedure procedure “ has only been used five times , ” the appeals court noted , “ and we agree with the district court ’ s finding that its byzantine nature ‘ adds , not subtracts , from the burdensomeness of the law.
’ ” A spokesperson for Kansas ’ Attorney General ’ s office , which took over arguing the case when it was at the appellate phase , told TPM in an email that the office was “ @ @ @ @ @ @ @ will consult with the Secretary of State on next steps.
” When Kobach was secretary of state , he made clear his plans to appeal the case all the way up to the Supreme Court if need be .
Kobach lost his 2018 gubernatorial bid and is now running for U.S. Senate .
On Twitter , Kobach promised that , if appealed to the Supreme Court , “ it is highly likely that the high court will overturn the decision.
” His successor in the Kansas secretary of state ’ s office has @ @ @ @ @ @ @ somewhat .
For instance , the current secretary of state , Scott Schwab , voluntarily relinquished the voter fraud prosecutorial powers Kobach had fought for when he was Kansas ’ top elections official .
One of the three appellate court judges who heard the arguments in the case died last month and did not participate in the final decision .
The opinion was written by Judge Jerome Holmes , a George W. Bush-appointee , and Holmes was joined by Judge Mary Beck Briscoe , a Clinton appointee .

The 10th U.S. Circuit Court of Appeals ruled against Kansas’ proof-of-citizenship voter registration requirement in a decision issued Wednesday.
The appeals court backed the trial judge’s finding that the requirement, which was championed by then-Kansas Secretary of State Kris Kobach (R), violated both the Equal Protection clause of the Constitution and the National Voter Registration Act.
The appeals court pointed to the record that been established during the 2018 trial that showed that some 30,000 Kansans were removed from the rolls due to the requirement. Kobach — who led the trial arguments for the state — could only provide 39 examples of noncitizens being registers to vote in Kansas within the last 19 years.
The appeals court concluded that the “significant burden” that the law was shown to impose on voters was not justified by the “incredibly slight evidence that Kansas’s interest in counting only the votes of eligible voters is under threat.”
“[W]e agree with the Secretary that Kansas’s interest in counting only the votes of eligible voters is legitimate in the abstract, but, on this record, we do not see any evidence that such an interest made it necessary to burden voters’ rights here,” the appeals court said.
Much of the opinion focused on distinguishing the Kansas case from a 2008 Supreme Court ruling okaying an Iowa voter ID requirement.
The 10th Circuit said that Kansas’ back-up plan for voters who didn’t have proof of their citizenship — in which they were required to participate in a board hearing with top state officials — was not comparable to the “safety valve” laid out in the Iowa law, which let voters without ID sign affidavits affirming their identity.
The Kansas procedure procedure “has only been used five times,” the appeals court noted, “and we agree with the district court’s finding that its byzantine nature ‘adds, not subtracts, from the burdensomeness of the law.’”
A spokesperson for Kansas’ Attorney General’s office, which took over arguing the case when it was at the appellate phase, told TPM in an email that the office was “evaluating the court’s opinion and will consult with the Secretary of State on next steps.”
When Kobach was secretary of state, he made clear his plans to appeal the case all the way up to the Supreme Court if need be. Kobach lost his 2018 gubernatorial bid and is now running for U.S. Senate.
On Twitter, Kobach promised that, if appealed to the Supreme Court, “it is highly likely that the high court will overturn the decision.”
His successor in the Kansas secretary of state’s office has backed off Kobach’s aggressive approach somewhat. For instance, the current secretary of state, Scott Schwab, voluntarily relinquished the voter fraud prosecutorial powers Kobach had fought for when he was Kansas’ top elections official.
One of the three appellate court judges who heard the arguments in the case died last month and did not participate in the final decision. The opinion was written by Judge Jerome Holmes, a George W. Bush-appointee, and Holmes was joined by Judge Mary Beck Briscoe, a Clinton appointee.
Read the opinion below:


talkingpointsmemo--2020-04-29--Navy Will Keep Probing Captain Crozier, Despite Recommending He Get His Job Back

The spotlight will continue to shine on Capt .
Brett Crozier , who was relieved of command earlier this month after ringing alarm bells about the spread of COVID-19 aboard the USS Theodore Roosevelt .
Despite recommending last week that Crozier be reinstated as commander of the Roosevelt , Acting Navy Secretary James McPherson said in a statement Wednesday that had he had “ follow up ” questions that could only be answered with more investigation — a “ follow-on command investigation , ” as he put it .
“ This investigation will build on the good work of the @ @ @ @ @ @ @ understanding of the sequence of events , actions , and decisions of the chain of command surrounding the COVID-19 outbreak aboard USS Theodore Roosevelt , ” McPherson said .
Crozier became a nationwide news story when a letter he wrote to Navy higher-ups warning of the spread of the novel coronavirus aboard his ship was leaked to the San Francisco Chronicle .
Navy officials did eventually heed the letter ’ s request , removing the vast majority of the ship ’ s crew .
But then-Acting Navy Secretary Thomas Modly removed Crozier from @ @ @ @ @ @ @ dust up .
Modly told reporters at the time that Crozier could have “ walked down the hall ” to his immediate boss rather than sending a letter .
A few days later , Modly himself resigned after tape of him leaked calling Crozier “ too naïve or too stupid ” to command the ship .
In the month since Crozier ’ s letter , the number of confirmed COVID-19 cases among Roosevelt sailors jumped from roughly 100 to 850 .
Public opinion has rallied in Crozier ’ s favor : After viral @ @ @ @ @ @ @ a rousing ovation to Crozier as he left his command , Defense Secretary Mark Esper said he would be open to reinstating Crozier ’ s command , dependent on the results of an investigation .
McPherson and Chief of Naval Operations Adm. Mike Gilday reportedly met with Esper for two hours on Friday , explaining the conclusion of their initial investigation — that Crozier should be reinstated as commander of the Roosevelt .
Esper was expected to take the Navy ’ s recommendation but he did not , instead reportedly saying that he @ @ @ @ @ @ @ .
Wednesday ’ s announcement didn ’ t specify what McPherson ’ s “ unanswered questions ” were .
But he said the would only be answered “ by a deeper review .
”

The spotlight will continue to shine on Capt. Brett Crozier, who was relieved of command earlier this month after ringing alarm bells about the spread of COVID-19 aboard the USS Theodore Roosevelt.
Despite recommending last week that Crozier be reinstated as commander of the Roosevelt, Acting Navy Secretary James McPherson said in a statement Wednesday that had he had “follow up” questions that could only be answered with more investigation — a “follow-on command investigation,” as he put it.
“This investigation will build on the good work of the initial inquiry to provide a more fulsome understanding of the sequence of events, actions, and decisions of the chain of command surrounding the COVID-19 outbreak aboard USS Theodore Roosevelt,” McPherson said.
Crozier became a nationwide news story when a letter he wrote to Navy higher-ups warning of the spread of the novel coronavirus aboard his ship was leaked to the San Francisco Chronicle.
Navy officials did eventually heed the letter’s request, removing the vast majority of the ship’s crew. But then-Acting Navy Secretary Thomas Modly removed Crozier from his command as a result of the dust up. Modly told reporters at the time that Crozier could have “walked down the hall” to his immediate boss rather than sending a letter.
A few days later, Modly himself resigned after tape of him leaked calling Crozier “too naïve or too stupid” to command the ship. In the month since Crozier’s letter, the number of confirmed COVID-19 cases among Roosevelt sailors jumped from roughly 100 to 850.
Public opinion has rallied in Crozier’s favor: After viral video showed sailors on the Roosevelt giving a rousing ovation to Crozier as he left his command, Defense Secretary Mark Esper said he would be open to reinstating Crozier’s command, dependent on the results of an investigation.
McPherson and Chief of Naval Operations Adm. Mike Gilday reportedly met with Esper for two hours on Friday, explaining the conclusion of their initial investigation — that Crozier should be reinstated as commander of the Roosevelt.
Esper was expected to take the Navy’s recommendation but he did not, instead reportedly saying that he needed more time to make a decision.
Wednesday’s announcement didn’t specify what McPherson’s “unanswered questions” were. But he said the would only be answered “by a deeper review.”


talkingpointsmemo--2020-04-30--Trump Refuses To Believe Polls Showing Him Losing To Biden: ‘Made Up Nonsense’

President Donald Trump won ’ t accept the fact that Democratic candidate and former Vice President Joe Biden is beating him in the polls .
“ I don ’ t believe the polls , ” Trump said during an interview with Reuters on Wednesday .
“ I believe the people of this country are smart .
And I don ’ t think that they will put a man in who ’ s incompetent.
” Additionally , Trump claimed that the upcoming election would not be a referendum on his response to the COVID-19 outbreak , which has come under heavy @ @ @ @ @ @ @ states combat medical supply shortages and other crises .
“ I think it ’ s a referendum on a lot of things , ” he told Reuters .
“ I think it ’ s going to be a referendum on all the things we ’ ve done and certainly this will be a part of it , but we ’ ve done a great job.
” CNN , the New York Times , and the Washington Post all reported on Wednesday that Trump is privately furious over his sinking polling numbers amid the @ @ @ @ @ @ @ out at his campaign manager , Brad Parscale , last week .
“ I ’ m not losing to Joe Biden , ” Trump told Parscale during a profanity-laced phone call , according to the Post .
The President denied the reports early Thursday morning while referring to his poor polling figures as “ made up nonsense.
” “ Just told that Fake News @ CNN is falsely reporting that I was recently shouting at my campaign manager over made up nonsense , ” he tweeted .
“ Actually , he is doing @ @ @ @ @ @ @ at him ( been with me for years , including the 2016 win ) , & have no intention to do so .
Just FAKE NEWS !
”

President Donald Trump won’t accept the fact that Democratic candidate and former Vice President Joe Biden is beating him in the polls.
“I don’t believe the polls,” Trump said during an interview with Reuters on Wednesday. “I believe the people of this country are smart. And I don’t think that they will put a man in who’s incompetent.”
Additionally, Trump claimed that the upcoming election would not be a referendum on his response to the COVID-19 outbreak, which has come under heavy criticism as his administration struggles to help states combat medical supply shortages and other crises.
“I think it’s a referendum on a lot of things,” he told Reuters. “I think it’s going to be a referendum on all the things we’ve done and certainly this will be a part of it, but we’ve done a great job.”
CNN, the New York Times, and the Washington Post all reported on Wednesday that Trump is privately furious over his sinking polling numbers amid the pandemic, which led him to lash out at his campaign manager, Brad Parscale, last week.
“I’m not losing to Joe Biden,” Trump told Parscale during a profanity-laced phone call, according to the Post.
The President denied the reports early Thursday morning while referring to his poor polling figures as “made up nonsense.”
“Just told that Fake News @CNN is falsely reporting that I was recently shouting at my campaign manager over made up nonsense,” he tweeted. “Actually, he is doing a great job, I never shouted at him (been with me for years, including the 2016 win), & have no intention to do so. Just FAKE NEWS!”


talkingpointsmemo--2020-04-30--Explosive Internal Memo Alleges Trump Political Appointees Leaned In For Payday Lenders

This piece is part of our weekly Prime series on corruption and the Trump Swamp , but it has been moved outside of the paywall while we cover COVID-19 .
Federal judges don ’ t like it when federal agencies use “ contrived , ” after-the-fact justifications for whatever they wanted to do in the first place .
Generally , the government needs a good reason to change existing rules .
Case in point : Commerce Secretary Wilbur Ross decided that he wanted a citizenship question on the Census .
He told agency officials to come up with a justification @ @ @ @ @ @ @ did .
But under legal scrutiny , that reasoning was revealed as little more than an after-the-fact excuse .
The citizenship question was then nixed .
And yet , “ it looks like the administration has not learned , ” the Georgetown administrative law professor David Super tweeted Wednesday .
He was referring to the explosive New York Times revelation of an internal Consumer Financial Protection Bureau memo about a payday loan regulation that Trump officials have long sought to gut .
The memo was authored by a staffer on his way out @ @ @ @ @ @ @ Lanning , and it is excruciatingly detailed and blunt .
At issue are the first ever national regulations of the payday loan industry , which traps many borrowers in a cycle of high interest rates and debt payments .
The rules , written during the Obama administration , established an “ ability to pay ” requirement — that is , a requirement that lenders ensure that borrowers will actually be able to repay their payday loan debt before taking out loan in the first place .
The loan industry , of course , @ @ @ @ @ @ @ the Trump administration .
For years , they ’ ve delayed its implementation and worked to gut it .
In a recent court filing , the administration said it would take final action on a replacement rule this month .
There had been an “ apparent predetermination ” by Trump ’ s political CFPB appointees to revoke the Obama rule , the memo said .
And staff were “ openly rebuked ” during a meeting for providing background on the Obama era regulation , accused of “ defending the rule ” that the @ @ @ @ @ @ @ ’ s memo separately warned that these “ conclusions based on presumptions ” could reveal to a court “ that the bureau assumed its answer.
” CFPB Director Kathy Kraninger , the memo alleged , attended “ only one , short , largely non-substantive briefing ” on the revised rule before signing off on it .
Scheduled for 45 minutes , the meeting “ started a little late , ” according to Lanning .
Perhaps the most explosive allegation in the memo , though , is that Trump appointees directed career officials to @ @ @ @ @ @ @ Obama rule — contradicting the same bureau ’ s old research .
The old research found that the “ ability to pay ” rule would cut payday loan volume by 62 percent , as the Times noted .
But since the rule has never actually gone into effect , the CFPB ultimately asserted — allegedly under orders from political appointees — that revoking the rule would have “ little effect.
” The administration has long showed a fondness for payday lenders .
Mick Mulvaney , the former CFPB director ( and ex-White House @ @ @ @ @ @ @ ’ side in court against his own agency , and otherwise went easy on lenders he was supposed to be regulating , including former campaign donors of his .
Mulvaney ’ s former chief of staff became a lobbyist for the industry and , as the Washington Post reported in November , had easy access to his former boss after switching from “ regulator ” to “ regulated.
” In October , the Post obtained audio of an industry leader and major Trump donor bragging about his influence on the administration .
The @ @ @ @ @ @ @ a response to the Times ’ reporting .
Bureau spokesperson Matt Leas touted the bureau ’ s “ fair , transparent and thorough ” approach to rule making and said , “ the comments received and evidence obtained are all taken into consideration before issuing a final rule.
” “ The director is the ultimate decision maker and ensures that the decisions taken are justified publicly , as is required by law , ” Leas said .
Here ’ s what else we were watching this week : • After One Tweet To @ @ @ @ @ @ @ 69 Million From New York For Ventilators • None The U.S. plans to lend $ 500 billion to large companies .
It won ’ t require them to preserve jobs or limit executive pay .
• Secret Service paid Trump ’ s D.C. hotel more than $ 33,000 for lodging to guard treasury secretary

This piece is part of our weekly Prime series on corruption and the Trump Swamp, but it has been moved outside of the paywall while we cover COVID-19.
Federal judges don’t like it when federal agencies use “contrived,” after-the-fact justifications for whatever they wanted to do in the first place. Generally, the government needs a good reason to change existing rules.
Case in point: Commerce Secretary Wilbur Ross decided that he wanted a citizenship question on the Census. He told agency officials to come up with a justification for including the question — and they did. But under legal scrutiny, that reasoning was revealed as little more than an after-the-fact excuse. The citizenship question was then nixed.
And yet, “it looks like the administration has not learned,” the Georgetown administrative law professor David Super tweeted Wednesday.
He was referring to the explosive New York Times revelation of an internal Consumer Financial Protection Bureau memo about a payday loan regulation that Trump officials have long sought to gut.
The memo was authored by a staffer on his way out of the agency last year, Jonathan Lanning, and it is excruciatingly detailed and blunt.
At issue are the first ever national regulations of the payday loan industry, which traps many borrowers in a cycle of high interest rates and debt payments.
The rules, written during the Obama administration, established an “ability to pay” requirement — that is, a requirement that lenders ensure that borrowers will actually be able to repay their loan debt before taking out a loan in the first place.
The loan industry, of course, hates this rule. And so does the Trump administration. For years, they’ve delayed its implementation and worked to gut it. In a recent court filing, the administration said it would take final action on a replacement rule this month.
There had been an “apparent predetermination” by Trump’s political CFPB appointees to revoke the Obama rule, Lanning’s memo alleged. And staff were “openly rebuked” during a meeting for providing background on the Obama era regulation, accused of “defending the rule” that the Trump folks wanted to gut.
Lanning’s memo separately warned that these “conclusions based on presumptions” could reveal to a court “that the bureau assumed its answer.”
CFPB Director Kathy Kraninger, the memo alleged, attended “only one, short, largely non-substantive briefing” on the replacement rule before signing off on it. Scheduled for 45 minutes, the meeting “started a little late,” according to Lanning.
Perhaps the most explosive allegation in the memo, though, is that Trump appointees directed career officials to use shoddy math to justify revoking the Obama rule — contradicting the same bureau’s old research.
The old research found that the “ability to pay” rule would cut payday loan volume by 62 percent, as the Times noted.
But since the rule has never actually gone into effect, the CFPB ultimately asserted — allegedly under orders from political appointees — that revoking the rule would have “little effect.”
The administration has long showed a fondness for payday lenders. Mick Mulvaney, the former acting CFPB director (and ex-White House chief of staff), took lenders’ side in court against his own agency, and otherwise went easy on lenders he was supposed to be regulating, including former campaign donors of his.
Mulvaney’s former chief of staff became a lobbyist for the industry and, as the Washington Post reported in November, had easy access to his former boss after switching from “regulator” to “regulated.” In October, the Post obtained audio of an industry leader and major Trump donor bragging about his influence on the administration.
The CFPB didn’t have much of a response to the Times’ reporting. Bureau spokesperson Matt Leas touted the bureau’s “fair, transparent and thorough” approach to rule making and said, “the comments received and evidence obtained are all taken into consideration before issuing a final rule.”
“The director is the ultimate decision maker and ensures that the decisions taken are justified publicly, as is required by law,” Leas said.
Here’s what else we were watching this week:


talkingpointsmemo--2020-04-30--Trump And Pence Complete Their 180 On Mike Flynn

President Donald Trump and Vice President Mike Pence both made comments Thursday indicating they were fully willing to welcome former National Security Advisor Michael Flynn — who is in a protracted court battle to withdraw his guilty plea — back with open arms .
Trump told reporters at the White House he would “ certainly consider ” bringing Flynn back into the administration , after firing him in February 2017 for lying to Pence about his conversations with a Russian official .
About an hour earlier , Pence had said that he was “ inclined to believe ” that the @ @ @ @ @ @ @ were “ unintentional.
” Their comments came after Flynn ’ s lawyers filed new court documents related to their efforts to have Flynn ’ s case dismissed .
Flynn had pleaded guilty to lying to the FBI about the Russia conversations .
Trump and his allies have seized on the documents to claim that Flynn was the victim of an entrapment plot by the FBI .
However , they cite internal planning that is typical of a criminal investigation , former federal prosectors told TPM , and contain no evidence that Flynn did @ @ @ @ @ @ @ the FBI about his conversations with a Russian official .
The claims by Flynn ’ s legal team of prosecutorial misconduct have bubbled for several months , and so far , they have been rejected by Flynn ’ s judge .
But the legal arguments are believed by many to be just an effort to win a pardon from Trump , and that effort has now reached a fever-pitch with Trump and Pence both fulling embracing the idea that Flynn should be exonerated .
On Thursday , the vice president ’ s pool @ @ @ @ @ @ @ — which the President said , at the time , was because Flynn lied to Pence — was appropriate .
“ I know what Gen. Flynn told me and I ’ m more inclined to believe it was unintentional than ever before , ” Pence said , while claiming there may have been ” investigative abuse by officials in the Justice Department.
” In some ways , the drama over what Flynn told Pence his late 2016 conversation with Russian Ambassador Sergey Kislyak kicked off key events that led to the appointment of @ @ @ @ @ @ @ publicly claimed that Flynn did not discuss Russian sanctions with Kislyak , top Justice Department officials reached out to the White House to notify them that the claim was false and that the FBI had interviewed Flynn .
Pence himself found out about the DOJ ’ s notification from a Washington Post story and then sought the underlying evidence the Justice Department had that contradicted Flynn ’ s account , according to the Mueller report .
After White House officials reviewed the materials , they concluded that Flynn , per Mueller ’ s @ @ @ @ @ @ @ the details of the discussions of sanctions and had instead been lying about what he discussed with Kislyak.
” Pence also said publicly , after Flynn pleaded guilty to lying in December 2017 , that he knew Flynn had lied to the President when the President fired him .
“ What I can tell you is I knew that he lied to me , ” Pence said then , “ and I know the president made the right decision with regard to him .
”

President Donald Trump and Vice President Mike Pence both made comments Thursday indicating they were fully willing to welcome former National Security Advisor Michael Flynn — who is in a protracted court battle to withdraw his guilty plea — back with open arms.
Trump told reporters at the White House he would “certainly consider” bringing Flynn back into the administration, after firing him in February 2017 for lying to Pence about his conversations with a Russian official.
About an hour earlier, Pence had said that he was “inclined to believe” that the false statements Flynn had made to him were “unintentional.”
Their comments came after Flynn’s lawyers filed new court documents related to their efforts to have Flynn’s case dismissed. Flynn had pleaded guilty to lying to the FBI about the Russia conversations.
Trump and his allies have seized on the documents to claim that Flynn was the victim of an entrapment plot by the FBI. However, they cite internal planning that is typical of a criminal investigation, former federal prosectors told TPM, and contain no evidence that Flynn did not, in fact, lie to the FBI about his conversations with a Russian official.
The claims by Flynn’s legal team of prosecutorial misconduct have bubbled for several months, and so far, they have been rejected by Flynn’s judge.
But the legal arguments are believed by many to be just an effort to win a pardon from Trump, and that effort has now reached a fever-pitch with Trump and Pence both fulling embracing the idea that Flynn should be exonerated.
On Thursday, the vice president’s pool reporter asked if Flynn’s firing — which the President said, at the time, was because Flynn lied to Pence — was appropriate.
“I know what Gen. Flynn told me and I’m more inclined to believe it was unintentional than ever before,” Pence said, while claiming there may have been ” investigative abuse by officials in the Justice Department.”
In some ways, the drama over what Flynn told Pence his late 2016 conversation with Russian Ambassador Sergey Kislyak kicked off key events that led to the appointment of special counsel Robert Mueller.
After Pence publicly claimed that Flynn did not discuss Russian sanctions with Kislyak, top Justice Department officials reached out to the White House to notify them that the claim was false and that the FBI had interviewed Flynn.
Pence himself found out about the DOJ’s notification from a Washington Post story and then sought the underlying evidence the Justice Department had that contradicted Flynn’s account, according to the Mueller report.
After White House officials reviewed the materials, they concluded that Flynn, per Mueller’s report, “could not have forgotten the details of the discussions of sanctions and had instead been lying about what he discussed with Kislyak.”
Pence also said publicly, after Flynn pleaded guilty to lying in December 2017, that he knew Flynn had lied to the President when the President fired him.
“What I can tell you is I knew that he lied to me,” Pence said then, “and I know the president made the right decision with regard to him.”


talkingpointsmemo--2020-04-30--Armed Protesters Enter Michigan Capitol While Lawmakers Debate COVID Stay-At-Home Order

Armed protesters entered the Michigan capitol Thursday while Democrats and Republicans debated extending Governor Gretchen Whitmer ’ s ( D ) emergency stay-at-home declaration .
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 .
Sen. Dayna Polehanki ( D ) tweeted a picture from the Senate floor earlier on Thursday , saying that some of her colleagues had donned bulletproof vests .
“ They were very upset by each call to recess and incorrectly believed that @ @ @ @ @ @ @ their words ) called the recesses , ” Polehanki told TPM .
“ Republican leadership actually determines our schedule.
” “ Yes , it is nerve wracking to have people who are angry with you above you in the gallery holding rifles , ” she added .
“ But this is legal in Michigan.
” Matt Schmucker , photographer for Michigan State ’ s State News , captured protesters who ’ d gathered to call for “ freedom ” from Whitmer ’ s stay-at-home order moving inside the capitol building .
Guns are @ @ @ @ @ @ @ oddly , protest signs are not .
“ These folks are a small minority of people who are vocally opposed the governor ’ s stay at home executive order , ” Rosie Jones , a spokesperson for Senate Minority Leader Jim Ananich ( D ) , told TPM .
“ Although , their message is muddled with inflammatory language like ‘ tyrants get your rope ’ and images of swastikas and confederate flags.
” Whitmer ’ s emergency declaration expires Thursday at midnight , and Republicans seem so far unwilling to extend it @ @ @ @ @ @ @ whether , under Michigan law , the governor needs their approval , temperatures have risen in recent days as Republicans call for businesses to be reopened .
Whitmer ’ s office on Wednesday leaked emails with the Republican Senate Majority leader showing that she had refused to accept temporary extensions in exchange for a promise that she would issue future stay-at-home orders via the legislature and not through an executive order .
Senator Mike Shirkey ’ s ( R ) spokesperson said that after the leak , any desire in the Republican caucus @ @ @ @ @ @ @ evaporated.
” This story has been updated with comments from Sen. Polehanki .

Armed protesters entered the Michigan capitol Thursday while Democrats and Republicans debated extending Governor Gretchen Whitmer’s (D) emergency stay-at-home declaration.
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.
Sen. Dayna Polehanki (D) tweeted a picture from the Senate floor earlier on Thursday, saying that some of her colleagues had donned bulletproof vests.
“They were very upset by each call to recess and incorrectly believed that the ‘do nothing Democrats’ (their words) called the recesses,” Polehanki told TPM. “Republican leadership actually determines our schedule.”
“Yes, it is nerve wracking to have people who are angry with you above you in the gallery holding rifles,” she added. “But this is legal in Michigan.”
Directly above me, men with rifles yelling at us. Some of my colleagues who own bullet proof vests are wearing them. I have never appreciated our Sergeants-at-Arms more than today. #mileg pic.twitter.com/voOZpPYWOs — Senator Dayna Polehanki (@SenPolehanki) April 30, 2020
Matt Schmucker, photographer for Michigan State’s State News, captured protesters who’d gathered to call for “freedom” from Whitmer’s stay-at-home order moving inside the capitol building.
Photo of the crowd outside the door taken probably a half hour ago pic.twitter.com/wwKI5Vt9pP — Matt Schmucker (@mtschmucker) April 30, 2020
Guns are permitted inside the Michigan capitol though, oddly, protest signs are not.
“These folks are a small minority of people who are vocally opposed the governor’s stay at home executive order,” Rosie Jones, a spokesperson for Senate Minority Leader Jim Ananich (D), told TPM. “Although, their message is muddled with inflammatory language like ‘tyrants get your rope’ and images of swastikas and confederate flags.”
Whitmer’s emergency declaration expires Thursday at midnight, and Republicans seem so far unwilling to extend it. Though it’s not clear whether, under Michigan law, the governor needs their approval, temperatures have risen in recent days as Republicans call for businesses to be reopened.
Whitmer’s office on Wednesday leaked emails with the Republican Senate Majority leader showing that she had refused to accept temporary extensions in exchange for a promise that she would issue future stay-at-home orders via the legislature and not through an executive order.
Senator Mike Shirkey’s (R) spokesperson said that after the leak, any desire in the Republican caucus to work with the governor had “evaporated.”
This story has been updated with comments from Sen. Polehanki.


talkingpointsmemo--2020-04-30--Karen Pence Claims VP Didn’t Know About Mask Policy. Mayo Clinic Says It Told Him.

Second lady Karen Pence claimed on Thursday that Vice President Mike Pence didn ’ t know the Mayo Clinic in Rochester , Minnesota required everyone at the clinic to wear masks when he toured the facility earlier this week .
The second lady told Fox News host Ainsley Earhardt that her husband , the head of the White House ’ s COVID-19 task force , hadn ’ t worn a mask on Tuesday because he previously tested negative for the virus , and so he believed the mask was not necessary .
“ It was actually after he left Mayo @ @ @ @ @ @ @ a policy of asking everyone to wear a mask , ” Karen Pence said .
“ Someone has worked on this whole task force for over two months is not someone who would have done anything to offend anyone or hurt anyone or scare anyone , ” she added .
But Karen Pence ’ s claim doesn ’ t quite square with Mayo ’ s response to the controversy .
Several hours after images of the vice president at the clinic with an uncovered face went viral , the clinic tweeted , then @ @ @ @ @ @ @ had informed the vice president of the policy “ prior to his arrival.
” Though the tweet was deleted , a Mayo spokesperson reaffirmed that same day that the vice president ’ s office had been told about the requirement .
“ Mayo shared the masking policy with the VP ’ s office , ” a spokesperson said in a statement shared with several news outlets .
In what appeared to be a lesson-learned , Pence showed up at a General Motors Plant in Kokomo , Indiana on Thursday wearing a mask .
@ @ @ @ @ @ @ ( CDC ) recommends that everyone wear masks , even if they believe they don ’ t have COVID-19 , because there is a risk in asymptomatic people unwittingly transmitting the virus .
Yet President Donald Trump has refused to do so .
“ I just don ’ t want to wear one myself , ” Trump said in early April .
“ It ’ s a recommendation.
” Watch the second lady below :

Second lady Karen Pence claimed on Thursday that Vice President Mike Pence didn’t know the Mayo Clinic in Rochester, Minnesota required everyone at the clinic to wear masks when he toured the facility earlier this week.
The second lady told Fox News host Ainsley Earhardt that her husband, the head of the White House’s COVID-19 task force, hadn’t worn a mask on Tuesday because he previously tested negative for the virus, and so he believed the mask was not necessary.
“It was actually after he left Mayo Clinic that he found out they had a policy of asking everyone to wear a mask,” Karen Pence said.
“Someone has worked on this whole task force for over two months is not someone who would have done anything to offend anyone or hurt anyone or scare anyone,” she added.
But Karen Pence’s claim doesn’t quite square with Mayo’s response to the controversy.
Several hours after images of the vice president at the clinic with an uncovered face went viral, the clinic tweeted, then deleted, a post saying that it had informed the vice president of the policy “prior to his arrival.”
Though the tweet was deleted, a Mayo spokesperson reaffirmed that same day that the vice president’s office had been told about the requirement.
“Mayo shared the masking policy with the VP’s office,” a spokesperson said in a statement shared with several news outlets.
In what appeared to be a lesson-learned, Pence showed up at a General Motors Plant in Kokomo, Indiana on Thursday wearing a mask.
Vice President Pence Visits General Motors Plant in Kokomo, IN pic.twitter.com/r4qesue3is — Howard Mortman (@HowardMortman) April 30, 2020
The Centers for Disease Control and Prevention (CDC) recommends that everyone wear masks, even if they believe they don’t have COVID-19, because there is a risk in asymptomatic people unwittingly transmitting the virus.
Yet President Donald Trump has refused to do so.
“I just don’t want to wear one myself,” Trump said in early April. “It’s a recommendation.”
Watch the second lady below: