theintercept--2020-12-02--One in Six Covid-19 Deaths in Vermont Came From a Single Nursing Home

One in six Covid-19 deaths in Vermont have come from a single nursing home , owned by a troubled for-profit chain , Genesis HealthCare .
The novel coronavirus began to spread like wildfire in Burlington Health and Rehab in March , leading to 12 deaths in the first wave of the virus .
The pandemic arrived just a few weeks after the state ’ s attorney general , T.J. Donovan , a Democrat , had settled an investigation into the facility for “ allegations of neglect that resulted in serious injury to three residents and the death of a fourth.
@ @ @ @ @ @ @ residents .
Federal nursing home staffing records reveal that registered nurse staffing in the facility failed to meet minimum levels even after the settlement , suggesting that the settlement failed to protect nursing home residents .
Lobbyists for the chain have donated to Donovan ’ s reelection campaign , as they have for Vermont Gov .
Phil Scott , a Republican , whose administration collaborated with Donovan on the settlement .
The Covid-19 outbreaks in these facilities showcase not just the failed national approach to nursing home oversight , but a cozy relationship @ @ @ @ @ @ @ As another wave of Covid-19 hits the state , a massive outbreak has occurred at another Genesis facility in Rutland , Vermont , with 41 cases .
Seven more cases have appeared at another Genesis facility in Berlin , Vermont .
Nationwide , over 100,000 residents of nursing homes and other long-term care facilities have died from Covid-19 , accounting for 40 percent of the total .
The new wave of nursing home Covid-19 cases is not unique to Vermont ; many other states are again seeing significant outbreaks at their nursing homes @ @ @ @ @ @ @ , Elizabeth LaBombard , died of Covid-19 at Burlington Health and Rehab in March .
Typically , LaBombard would speak to family members three to four times a day , Barrett-Willard said .
But soon after the no-visitation lockdown began in early March , Barrett-Willard said , “ We got a phone call at 7 p.m. from a New York number , and [ a hospital worker ] said that there was a man that tested positive for Covid on my aunt ’ s floor .
She said that the man was isolated @ @ @ @ @ @ @ ” But then , Barrett-Willard said , they were incommunicado with her aunt for several days after which Burlington Health and Rehab called and said that her aunt had developed a fever of 103 degrees .
The family asked the facility to send LaBombard to the hospital .
“ The nursing home told us , ‘ No , we ’ re not taking her in or out .
The hospital ’ s on lockdown , ’ ” said Barrett-Willard .
“ But I know somebody that ’ s high up at UVM Medical @ @ @ @ @ @ @ lockdown.
” As LaBombard was dying of Covid-19 inside the home , Barrett-Willard demanded to be let in , and the nursing home allowed her to .
“ I got up there and she had foam in her mouth .
There was feces all over the trash can .
When I got into the elevator , there were staff members who didn ’ t have masks or gloves on .
I was mortified , you wouldn ’ t believe it .
Residents were walking around and their doors were open , ” said @ @ @ @ @ @ @ the Centers for Disease Control and Prevention did not require nursing home staff to wear masks . )
Staff informed her that they had attempted to give her aunt morphine orally , but that was impossible as she was not effectively digesting .
“ My aunt died a painful death , ” said Barrett-Willard .
Genesis told The Intercept said there was never a shortage of PPE inside the facility , and said that residents wandering the facility was likely due to dementia .
Barrett-Willard ’ s account of the situation inside the @ @ @ @ @ @ @ and federal inspectors : Burlington Health and Rehab is tied for 20th in the entire nation in homes with “ most serious deficiencies , ” according to data collected by ProPublica .
The investigation into the facility , and subsequent settlement , was prompted by a nursing home resident being improperly fed a grape and dying and another resident being improperly discharged and getting sepsis .
Genesis was fined over $ 740,000 .
Charlene Harrington , professor emeritus of social behavioral sciences at the University of California , San Francisco School of Nursing @ @ @ @ @ @ @ a key indicator in nursing home quality , because RNs have the training and expertise to develop and implement an infection control plan .
A widely circulated study from the Center for Medicare and Medicaid Services in 2001 found that “ Strong evidence supports the relationship between increases in nurse staffing ratios and avoidance of critical quality of care problems.
” Harrington found Burlington Health and Rehab ’ s staffing in the second quarter of 2020 — 0.6 registered nurse hours by patient day — to be inadequate .
( Nursing homes , @ @ @ @ @ @ @ Centers for Medicare and Medicaid Services , did not have to report their data in the first quarter of 2020 . )
“ RNs should be at least 0.75 [ hours per patient day ] , so that means they are not at the minimum recommended levels , ” Harrington said .
Before the settlement , RN staffing was at 0.5 hours per patient day , so the settlement with the attorney general appears to have barely moved the needle .
“ I wish that the AGs would terminate the licenses of such @ @ @ @ @ @ @ didn ’ t have an impact on their quality of care either , ” said Harrington .
“ The monitor was not effective if they had 12 deaths.
” Genesis contests the federal RN staffing data , saying that their overall staffing exceeds the minimum , and pointed to the fact that the Vermont Department of Health “ never found any deficiencies throughout the entire outbreak.
” The attorney general , Donovan , is ambitious , and at 46 , young by Vermont political standards .
He comes from a politically powerful family @ @ @ @ @ @ @ representative , his uncle was a state senator , and his grandfather was a federal judge .
Donovan has been floated as a possible successor to either Sen. Patrick Leahy or Bernie Sanders .
Donovan attracted scrutiny earlier this year by helping to steer a donation of 250 Chromebooks by Comcast to the school district of a political ally , Molly Gray , who is now the state ’ s lieutenant governor-elect .
Donovan is currently in litigation with Comcast ’ s trade association , the New England Cable and Telecommunications Association , @ @ @ @ @ @ @ ’ s head , a Comcast executive , was Donovan ’ s point of contact for the donation .
Donovan has received over $ 8,000 from lobbyists for Genesis , while Gov .
Phil Scott has received over $ 5,000 .
For context , Donovan spent just under $ 49,000 on his reelection campaign in 2020 .
Donovan ’ s office told The Intercept that “ The settlement between the Attorney General ’ s Office and Genesis Health & Rehab early this year was the result of incidents related to inadequate staff training @ @ @ @ @ @ @ or third-party contractors , and the failure to adequately document and monitor the delivery of resident care services , ” and said that “ During the relevant time period , the Attorney General ’ s Office did not receive any reports of inadequate staffing levels.
” Scott did not respond to a request for comment .
Advocates say that low staffing levels should have been part of any plan to improve care at the facilities .
“ It ’ s really baffling that the settlement did not include some type of staffing requirements @ @ @ @ @ @ @ executive director of Families for Better Care , a nonprofit advocating for tighter regulation of nursing homes .
“ Has [ Donovan ] arrested anybody ?
Has he prosecuted anybody ?
Has anybody gone to jail ?
No .
The settlement should have included a requirement for RN staffing .
They were short-staffed prior to the incidents and short-staffed after .
It ’ s pretty negligent on the AG ’ s office to not include that , ” said Lee .
“ The quality of nursing homes is dependent on staffing.
” Genesis @ @ @ @ @ @ @ earned $ 2.2 million in 2019 .
Thomas DeRosa , then CEO of Welltower , which owns a substantial portion of Genesis ’ s real estate and debt , made $ 13.1 million .
Genesis is currently seeking to divest its Vermont nursing homes .
In 2017 , Genesis paid $ 54 million to settle False Claims Act allegations with the federal government .
It has announced that it will have limited ability to meet its obligations going forward , signaling a potential bankruptcy or restructuring .
Nursing home finances are notoriously opaque @ @ @ @ @ @ @ going to onerous lease payments to real estate companies that are loose affiliates of the nursing home .

One in six Covid-19 deaths in Vermont have come from a single nursing home, owned by a troubled for-profit chain, Genesis HealthCare.
The novel coronavirus began to spread like wildfire in Burlington Health and Rehab in March, leading to 12 deaths in the first wave of the virus. The pandemic arrived just a few weeks after the state’s attorney general, T.J. Donovan, a Democrat, had settled an investigation into the facility for “allegations of neglect that resulted in serious injury to three residents and the death of a fourth.” The nursing home has about 90 residents.
Federal nursing home staffing records reveal that registered nurse staffing in the facility failed to meet minimum levels even after the settlement, suggesting that the settlement failed to protect nursing home residents. Lobbyists for the chain have donated to Donovan’s reelection campaign, as they have for Vermont Gov. Phil Scott, a Republican, whose administration collaborated with Donovan on the settlement.
Read Our Complete Coverage The Coronavirus Crisis
The Covid-19 outbreaks in these facilities showcase not just the failed national approach to nursing home oversight, but a cozy relationship between state regulators and nursing homes. As another wave of Covid-19 hits the state, a massive outbreak has occurred at another Genesis facility in Rutland, Vermont, with 41 cases. Seven more cases have appeared at another Genesis facility in Berlin, Vermont.
Nationwide, over 100,000 residents of nursing homes and other long-term care facilities have died from Covid-19, accounting for 40 percent of the total. The new wave of nursing home Covid-19 cases is not unique to Vermont; many other states are again seeing significant outbreaks at their nursing homes.
Holly Barrett-Willard’s 95-year-old aunt, Elizabeth LaBombard, died of Covid-19 at Burlington Health and Rehab in March. Typically, LaBombard would speak to family members three to four times a day, Barrett-Willard said. But soon after the no-visitation lockdown began in early March, Barrett-Willard said, “We got a phone call at 7 p.m. from a New York number, and [a hospital worker] said that there was a man that tested positive for Covid on my aunt’s floor. She said that the man was isolated, they did all the proper procedures.”
But then, Barrett-Willard said, they were incommunicado with her aunt for several days after which Burlington Health and Rehab called and said that her aunt had developed a fever of 103 degrees. The family asked the facility to send LaBombard to the hospital. “The nursing home told us, ‘No, we’re not taking her in or out. The hospital’s on lockdown,’” said Barrett-Willard. “But I know somebody that’s high up at UVM Medical Center. The hospital was not on lockdown.”
As LaBombard was dying of Covid-19 inside the home, Barrett-Willard demanded to be let in, and the nursing home allowed her to. “I got up there and she had foam in her mouth. There was feces all over the trash can. When I got into the elevator, there were staff members who didn’t have masks or gloves on. I was mortified, you wouldn’t believe it. Residents were walking around and their doors were open,” said Barrett-Willard. (At the time, the Centers for Disease Control and Prevention did not require nursing home staff to wear masks.) Staff informed her that they had attempted to give her aunt morphine orally, but that was impossible as she was not effectively digesting. “My aunt died a painful death,” said Barrett-Willard.
Genesis told The Intercept said there was never a shortage of PPE inside the facility, and said that residents wandering the facility was likely due to dementia.
Barrett-Willard’s account of the situation inside the facility squares with the views of state and federal inspectors: Burlington Health and Rehab is tied for 20th in the entire nation in homes with “most serious deficiencies,” according to data collected by ProPublica. The investigation into the facility, and subsequent settlement, was prompted by a nursing home resident being improperly fed a grape and dying and another resident being improperly discharged and getting sepsis. Genesis was fined over $740,000.
Charlene Harrington, professor emeritus of social behavioral sciences at the University of California, San Francisco School of Nursing, looks for registered nurse staffing as a key indicator in nursing home quality, because RNs have the training and expertise to develop and implement an infection control plan. A widely circulated study from the Center for Medicare and Medicaid Services in 2001 found that “Strong evidence supports the relationship between increases in nurse staffing ratios and avoidance of critical quality of care problems.”
Harrington found Burlington Health and Rehab’s staffing in the second quarter of 2020 — 0.6 registered nurse hours by patient day — to be inadequate. (Nursing homes, which report their staffing information to the Centers for Medicare and Medicaid Services, did not have to report their data in the first quarter of 2020.) “RNs should be at least 0.75 [hours per patient day], so that means they are not at the minimum recommended levels,” Harrington said.
Before the settlement, RN staffing was at 0.5 hours per patient day, so the settlement with the attorney general appears to have barely moved the needle. “I wish that the AGs would terminate the licenses of such poor performing facilities. Clearly the penalties didn’t have an impact on their quality of care either,” said Harrington. “The monitor was not effective if they had 12 deaths.”
Genesis contests the federal RN staffing data, saying that their overall staffing exceeds the minimum, and pointed to the fact that the Vermont Department of Health “never found any deficiencies throughout the entire outbreak.”
The attorney general, Donovan, is ambitious, and at 46, young by Vermont political standards. He comes from a politically powerful family: His mother is a 10-term state representative, his uncle was a state senator, and his grandfather was a federal judge. Donovan has been floated as a possible successor to either Sen. Patrick Leahy or Bernie Sanders. Donovan attracted scrutiny earlier this year by helping to steer a donation of 250 Chromebooks by Comcast to the school district of a political ally, Molly Gray, who is now the state’s lieutenant governor-elect. Donovan is currently in litigation with Comcast’s trade association, the New England Cable and Telecommunications Association, over net neutrality. That trade association’s head, a Comcast executive, was Donovan’s point of contact for the donation.
Donovan has received over $8,000 from lobbyists for Genesis, while Gov. Phil Scott has received over $5,000. For context, Donovan spent just under $49,000 on his reelection campaign in 2020.
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Donovan’s office told The Intercept that “The settlement between the Attorney General’s Office and Genesis Health & Rehab early this year was the result of incidents related to inadequate staff training and orientation, the use of visiting or third-party contractors, and the failure to adequately document and monitor the delivery of resident care services,” and said that “During the relevant time period, the Attorney General’s Office did not receive any reports of inadequate staffing levels.” Scott did not respond to a request for comment.
Advocates say that low staffing levels should have been part of any plan to improve care at the facilities.
“It’s really baffling that the settlement did not include some type of staffing requirements,” said Brian Lee, the executive director of Families for Better Care, a nonprofit advocating for tighter regulation of nursing homes. “Has [Donovan] arrested anybody? Has he prosecuted anybody? Has anybody gone to jail? No. The settlement should have included a requirement for RN staffing. They were short-staffed prior to the incidents and short-staffed after. It’s pretty negligent on the AG’s office to not include that,” said Lee. “The quality of nursing homes is dependent on staffing.”
Genesis’s CEO, George Hager, earned $2.2 million in 2019. Thomas DeRosa, then CEO of Welltower, which owns a substantial portion of Genesis’s real estate and debt, made $13.1 million.
Genesis is currently seeking to divest its Vermont nursing homes. In 2017, Genesis paid $54 million to settle False Claims Act allegations with the federal government. It has announced that it will have limited ability to meet its obligations going forward, signaling a potential bankruptcy or restructuring. Nursing home finances are notoriously opaque, with significant amounts of revenue typically going to onerous lease payments to real estate companies that are loose affiliates of the nursing home.


theintercept--2020-12-02--Longtime Biden Adviser Lobbied on Behalf of Trump's Corporate Tax Cut

Lobbying disclosures show that Hogan was one of a team of Apple lobbyists who lobbied the House , Senate , and Treasury Department on “ corporate tax reform , ” “ international tax reform and issues related to foreign regulatory actions , ” as well as “ issues related to state sales tax , mobile workforce , and taxation of digital goods.
” The lobbying came throughout 2017 , including during the third and fourth quarter of that year , as Trump ’ s tax cut was being finalized and passed .
For all of 2017 , Apple registered spending @ @ @ @ @ @ @ the administration directly .
In 2018 , still under Hogan ’ s guidance , the company continued lobbying on “ corporate tax reform ” as the law ’ s regulations were being implemented , increasing their spending in the first quarter of that year to $ 2.14 million , the documents show .
The 2017 Republican tax law slashed the previous 35 percent corporate tax rate and passed a range of provisions that mostly benefited the wealthiest 1 percent .
Apple stock quickly hit record highs and enriched shareholders , including 43 GOP @ @ @ @ @ @ @ all sorts of individual stocks , a Center for Public Integrity analysis found .
At the time , Apple had stashed at least $ 250 billion in profits overseas , more than any other American company .
The tech giant also spent more than $ 7.4 million on government lobbying throughout 2017 , a significant jump from previous years , disclosures showed .
Biden has resisted calls to bar registered lobbyists from his administration , a looser policy than employed by former President Barack Obama .
The policy is a boon to his @ @ @ @ @ @ @ , but also to Hogan , who converted her history of helping Biden write the Violence Against Women Act into a prime lobbying gig for the NFL as it came under fire for its handling of its own domestic violence scandal , when video of Ray Rice ’ s assault of his wife was published by TMZ .
Hogan has been one of Biden ’ s most loyal aides , serving as an adviser to the president-elect throughout his career in the Senate and the Obama administration , first joining his Senate Judiciary @ @ @ @ @ @ @ the public sector at the end of Obama ’ s first term and went on to spend several years in the corporate world .
She ’ s one of a handful of Silicon Valley insiders , including former Facebook executives , involved in the transition .
Hogan left Apple earlier this year to join Biden ’ s presidential campaign and helped select his running mate , as a member of the four-person vetting panel that ultimately picked Kamala Harris .
Of the vice presidential vetting team — which included former Sen. Chris Dodd @ @ @ @ @ @ @ and Los Angeles Mayor Eric Garcetti — Hogan was the only nonpolitician .
Biden ’ s transition hired her to its day-to-day staff in September .
According to the Biden transition team , Hogan ’ s current role deals with “ personnel ” and has nothing to do with policy .
at Apple , Hogan was also involved in defending Apple ’ s operations in China , claiming in a 2017 letter that the company promotes “ fundamental rights ” and ethical labor practices by enforcing a “ strict supplier code of conduct @ @ @ @ @ @ @ fair treatment of workers , and environmentally responsible practices.
” The letter , sent in response to Sens .
Ted Cruz and Patrick Leahy ’ s concerns about Apple removing virtual private network apps — which help protect users from government surveillance — from its app store , argued that the company had actually increased free expression .
At the time , there were reports of Apple ’ s Chinese factories , which have long been criticized for poor working conditions , employing students to illegally work overtime .
“ We believe that @ @ @ @ @ @ @ openness and facilitates the free flow of ideas and information , ” she wrote .
Before Apple , Hogan led the NFL ’ s lobbying division , where she protected the league during domestic violence and concussion scandals , and helped grow it into a political machine .
The NFL hired Hogan as its senior vice president of public policy and government affairs just a few days after TMZ released the Rice assault footage .
Hogan ’ s history with the Violence Against Women Act , and the relationship she developed with the @ @ @ @ @ @ @ , helped her defuse the situation and rehabilitate the NFL ’ s image .
California Rep. Jackie Speier , who ’ s known for her work on women ’ s issues , noted the irony of Hogan ’ s trajectory in 2015 , comparing her to “ the mother who founded Mothers Against Drunk Driving going to work for the spirits industry.
” But Hogan wasn ’ t just instrumental in this public relations victory .
She successfully shielded the NFL from congressional action on a number of issues , weakening Congress ’ @ @ @ @ @ @ @ ’ s tax-exempt status and fighting calls for a zero-tolerance policy on domestic assault .
At a meeting with congressional staffers , Hogan reportedly explained that the league opposed the policy because “ victims would be even more reluctant to come forward knowing the accusations would end their husband ’ s career.
” When Congress started thinking about regulating fantasy football sites like FanDuel and DraftKings , Hogan led the aggressive lobbying campaign on Capitol Hill .
to the Senate Judiciary Committee , Hogan helped Biden draft and pass the now-infamous 1994 crime @ @ @ @ @ @ @ ” provision , which devastated low-income communities and communities of color for decades .
Biden even thanked her from the Senate floor , praising her dedication to passing the legislation .
“ I want to start off and again pay tribute to the chief counsel of the Judiciary Committee , Cynthia Hogan .
She is smart .
She is tough.
” Biden said , according to congressional record .
“ And you have no idea , Mr. President , how easy my job is when all I have to do is ask Cynthia @ @ @ @ @ @ @ you there are 25 senators who can tell me Cynthia ’ s office phone number without having to look it up because they are so accustomed to calling her and asking her her opinion or asking her for information , Republican as well as Democrat.
” “ [ Mark Gitenstein ] put together this original bill with me , and Ron Klain , who is now with the Justice Department , ” the Delaware senator continued .
“ But it was brought home by Cynthia Hogan.
” ( Gitenstein has also been a @ @ @ @ @ @ @ . )
Notably , Hogan was also involved in one of the most controversial episodes of Biden ’ s career : The Judiciary Committee ’ s interrogation of Anita Hill at Justice Clarence Thomas ’ s 1991 confirmation hearings .
She kept Angela Wright , a credible witness who could have corroborated Hill ’ s account of Thomas ’ s sexual harassment , from publicly testifying , according to a 1994 Washington Post report .
After some back and forth , Hogan eventually urged Biden to enter Wright ’ s deposition into the @ @ @ @ @ @ @ publicly — a move Biden later said could have changed history .
Last year , Hogan expressed regret over the decision .
“ I feel I gave Senator Biden bad advice , ” she said .
“ I told him I thought it was better than having her testify live .
I have felt bad about this for years .
”

A top adviser to President-elect Joe Biden, Cynthia Hogan, worked as a lead lobbyist for Apple as it helped push through President Donald Trump’s corporate tax cut, a giveaway that resulted in a massive windfall for the Cupertino, California-based tech giant.
Biden has resisted calls to bar registered lobbyists from his administration, a looser policy than employed by former President Barack Obama. The policy is a boon to his close adviser and sometimes lobbyist Steve Ricchetti, but also to Hogan, who converted her history of helping Biden write the Violence Against Women Act into a prime lobbying gig for the NFL as it came under fire for its handling of its own domestic violence scandal, when video of Ray Rice’s assault of his wife was published by TMZ.
The 2017 Republican tax law slashed the previous 35 percent corporate tax rate and passed a range of provisions that mostly benefited the wealthiest 1 percent. Apple stock quickly hit record highs and enriched shareholders, including 43 GOP lawmakers who championed the law while holding all sorts of individual stocks, a Center for Public Integrity analysis found. At the time, Apple had stashed at least $250 billion in profits overseas, more than any other American company. The tech giant also spent more than $7.4 million on government lobbying throughout 2017, a significant jump from previous years, disclosures showed.
Lobbying disclosures show that Hogan was one of a team of Apple lobbyists who lobbied the House, Senate, and Treasury Department on “corporate tax reform,” “international tax reform and issues related to foreign regulatory actions,” as well as “issues related to state sales tax, mobile workforce, and taxation of digital goods.” The lobbying came throughout 2017, including during the third and fourth quarter of that year, as Trump’s tax cut was being finalized and passed. For all of 2017, Apple registered spending nearly $7 million lobbying Congress and the administration directly. In 2018, still under Hogan’s guidance, the company continued lobbying on “corporate tax reform” as the law’s regulations were being implemented, increasing their spending in the first quarter of that year to $2.14 million, the documents show.
Hogan has been one of Biden’s most loyal aides, serving as an adviser to the president-elect throughout his career in the Senate and the Obama administration, first joining his Senate Judiciary Committee staff in 1991. She left the public sector at the end of Obama’s first term and went on to spend several years in the corporate world. She’s one of a handful of Silicon Valley insiders, including former Facebook executives, involved in the transition.
Hogan left Apple earlier this year to join Biden’s presidential campaign and helped select his running mate, as a member of the four-person vetting panel that ultimately picked Kamala Harris. Of the vice presidential vetting team — which included former Sen. Chris Dodd, Delaware Rep. Lisa Blunt Rochester, and Los Angeles Mayor Eric Garcetti — Hogan was the only nonpolitician. Biden’s transition hired her to its day-to-day staff in September. According to the Biden transition team, Hogan’s current role deals with “personnel” and has nothing to do with policy.
During her time at Apple, Hogan was also involved in defending Apple’s operations in China, claiming in a 2017 letter that the company promotes “fundamental rights” and ethical labor practices by enforcing a “strict supplier code of conduct with standards for safe working conditions, fair treatment of workers, and environmentally responsible practices.” The letter, sent in response to Sens. Ted Cruz and Patrick Leahy’s concerns about Apple removing virtual private network apps — which help protect users from government surveillance — from its app store, argued that the company had actually increased free expression. At the time, there were reports of Apple’s Chinese factories, which have long been criticized for poor working conditions, employing students to illegally work overtime. “We believe that our presence in China helps promote greater openness and facilitates the free flow of ideas and information,” she wrote.
Before Apple, Hogan led the NFL’s lobbying division, where she protected the league during domestic violence and concussion scandals, and helped grow it into a political machine. The NFL hired Hogan as its senior vice president of public policy and government affairs just a few days after TMZ released the Rice assault footage. Hogan’s history with the Violence Against Women Act, and the relationship she developed with the National Domestic Violence Hotline along the way, helped her defuse the situation and rehabilitate the NFL’s image. California Rep. Jackie Speier, who’s known for her work on women’s issues, noted the irony of Hogan’s trajectory in 2015, comparing her to “the mother who founded Mothers Against Drunk Driving going to work for the spirits industry.”
But Hogan wasn’t just instrumental in this public relations victory. She successfully shielded the NFL from congressional action on a number of issues, weakening Congress’s oversight abilities by ending the NFL’s tax-exempt status and fighting calls for a zero-tolerance policy on domestic assault. At a meeting with congressional staffers, Hogan reportedly explained that the league opposed the policy because “victims would be even more reluctant to come forward knowing the accusations would end their husband’s career.” When Congress started thinking about regulating fantasy football sites like FanDuel and DraftKings, Hogan led the aggressive lobbying campaign on Capitol Hill.
As chief counsel to the Senate Judiciary Committee, Hogan helped Biden draft and pass the now-infamous 1994 crime bill, specifically the “three strikes” provision, which devastated low-income communities and communities of color for decades. Biden even thanked her from the Senate floor, praising her dedication to passing the legislation.
“I want to start off and again pay tribute to the chief counsel of the Judiciary Committee, Cynthia Hogan. She is smart. She is tough.” Biden said, according to congressional record. “And you have no idea, Mr. President, how easy my job is when all I have to do is ask Cynthia Hogan. Right now, I bet you there are 25 senators who can tell me Cynthia’s office phone number without having to look it up because they are so accustomed to calling her and asking her her opinion or asking her for information, Republican as well as Democrat.”
“[Mark Gitenstein] put together this original bill with me, and Ron Klain, who is now with the Justice Department,” the Delaware senator continued. “But it was brought home by Cynthia Hogan.” (Gitenstein has also been a primary player in Biden’s transition.)
Notably, Hogan was also involved in one of the most controversial episodes of Biden’s career: The Judiciary Committee’s interrogation of Anita Hill at Justice Clarence Thomas’s 1991 confirmation hearings. She kept Angela Wright, a credible witness who could have corroborated Hill’s account of Thomas’s sexual harassment, from publicly testifying, according to a 1994 Washington Post report. After some back and forth, Hogan eventually urged Biden to enter Wright’s deposition into the written record instead of having her testify publicly — a move Biden later said could have changed history. Last year, Hogan expressed regret over the decision. “I feel I gave Senator Biden bad advice,” she said. “I told him I thought it was better than having her testify live. I have felt bad about this for years.”


theintercept--2020-12-02--Arms Sale to UAE Goes Forward Even as U.S. Probes Tie Between UAE and Russian Mercenaries

U.S. intelligence agencies received reports indicating that one of the U.S. ’ s closest Middle Eastern partners had signed a collaborative agreement with a sanctioned Russian mercenary group operating in Libya , according to a current U.S. intelligence official and two former officials with knowledge of the matter .
U.S. intelligence agencies have been looking into whether the United Arab Emirates is helping to finance the Libya operations of the Russian Wagner Group .
Both the UAE and Wagner have intervened to support Libyan strongman Khalifa Haftar , who has tried to overrun the United Nations-backed government in Tripoli .
@ @ @ @ @ @ @ current and former officials , has done nothing to slow U.S. arms sales down to the Gulf country .
The Trump administration is seeking congressional approval of an unprecedented $ 23 billion sale of weapons to the UAE , including of some of the U.S. ’ s most advanced military technology , like the F-35 fighter and MQ-9 Reaper drones .
If it goes forward , the sale will shift the long-term balance of power in the region .
The intelligence community ’ s effort was hinted at in a report to Congress @ @ @ @ @ @ @ inspector general .
The report said that although the Defense Intelligence Agency ’ s reporting on the Wagner Group ’ s financing in Libya is “ ambiguous , ” the DIA has nonetheless “ assessed that the United Arab Emirates may provide some financing for the group ’ s operations.
” This detail in the inspector general ’ s report , which was first surfaced by Foreign Policy , does not mention when or how U.S. military intelligence reached that assessment .
Although outside analysts have long suspected coordination between the UAE and @ @ @ @ @ @ @ and former officials , as well as the inspector general ’ s report , demonstrate that the U.S. intelligence community is probing ties between one of the U.S. ’ s largest weapons clients and a mercenary company the U.S. State Department has called a “ proxy force ” for the Russian Ministry of Defense .
The officials all spoke on the condition of anonymity to discuss sensitive intelligence matters .
One current official told The Intercept that U.S. intelligence reporting early this summer indicated that the UAE had signed an agreement similar to @ @ @ @ @ @ @ Wagner , which many suspected of including direct financial support .
A former senior U.S. official told The Intercept that the intelligence about the agreement between the UAE and Wagner included financial assistance .
After the report was circulated to U.S. intelligence agencies , the CIA informed at least one European ally that it believed the UAE was bankrolling at least some of Wagner ’ s forces in Libya , according to a third source , a former senior US intelligence official .
The UAE is one of the U.S. military ’ s @ @ @ @ @ @ @ is seen , despite its relatively small size , as a rising military power in the region .
But the country ’ s support for military dictatorships , like the regime in Egypt , as well as its increasing ties to Russia and China , have caused some in Washington to view it is a problematic ally .
The country nonetheless remains one of America ’ s largest arms customers , having bought billions of dollars ’ worth of weapons from U.S. manufacturers in the past decade .
Neither the DIA nor U.S. @ @ @ @ @ @ @ Spokespersons for the UAE Embassy did not respond to multiple requests for comment .
A spokesperson for the CIA declined to comment .
The massive arms sale the Trump administration is pursuing appears to have come in response to the UAE ’ s normalization of diplomatic relations with Israel .
Many congressional Democrats will try to block the sale .
Sen. Chris Murphy , D-Conn. , a frequent critic of arms sales to Saudi Arabia and the UAE , tweeted on Monday that a classified briefing on the sale raised a “ mind @ @ @ @ @ @ @ the Administration couldn ’ t answer.
” engulfed in civil war for much of the past decade , since a U.S.-led NATO intervention helped topple longtime dictator Muammar Gaddafi .
But what emerged was a fragile balance of power among increasingly armed groups , and another civil war broke out in 2014 .
The so-called Wagner Group — which entered the conflict in 2019 — is a collection of private mercenary companies that are equipped and closely linked with Russian military intelligence , and several of its entities have been sanctioned for work @ @ @ @ @ @ @ allowed Russia to cultivate a military foothold in Libya with a degree of deniability .
A U.N. panel of experts has documented the repeated violations of the U.N. arms embargo on Libya , citing countries supporting both sides of the conflict .
Both Wagner and the UAE , as well as Egypt , Jordan , and Saudi Arabia , have thrown their support in Libya behind the self-described “ Libyan National Army , ” backing Haftar in the east , as Turkey and Qatar have supported the Tripoli government .
Analysts have long @ @ @ @ @ @ @ coordination between the Russians on the ground and Emiratis supporting Haftar .
Wolfram Lacher , a Libya researcher at the German Institute for International and Security Affairs , told The Intercept that last year , Russian mercenaries at times appeared to be acting as ground forces while the UAE , which does not have a large army , operated drones and fighters .
“ There was clearly also a coordinating role between [ Russian mercenaries ] and the Emirati drones , ” Lacher said .
“ For the entire autumn until early 2020 @ @ @ @ @ @ @ flying drones and fighter jets around Tripoli .
And meanwhile on the ground , the Wagner guys were really pushing forward .
They were the ones leading the push forward towards the center of Tripoli .
… They made that progress aided by Emirati drones .
So clearly there was coordination.
” Meanwhile , the U.S. military has remained mostly on the sidelines of the Libyan conflict but recently issued a number of sharp condemnations of Wagner for its activities in Libya .
AFRICOM , which estimates some 2,000 Russian mercenaries are among @ @ @ @ @ @ @ released aerial imagery purportedly showing them moving military hardware into Libya .
And , as Wagner and the Libyan National Army withdrew from Tripoli this summer , AFRICOM accused the Russian mercenaries of rigging mines and other explosive devices in Tripoli neighborhoods .
Wagner , a Navy admiral said , was responsible for the “ reckless use of landmines and booby traps , ” which were “ harming innocent civilians.
” Lacher said that the international presence in the country — particularly from the Russians and from Turkey , who is supporting the @ @ @ @ @ @ @ reverse .
“ The covert Russian intervention was a consequence of Emirati adventurism in Libya , the Turkish intervention was a reaction to it , ” Lacher wrote in an email .
“ But now that they ’ re there , Russia and Turkey appear to be establishing themselves for the long term in Libya .
And it ’ s not clear to what extent the Russian presence now still serves Emirati aims , and to what extent it now primarily serves Russian interests .
”

Early this summer, U.S. intelligence agencies received reports indicating that one of the U.S.’s closest Middle Eastern partners had signed a collaborative agreement with a sanctioned Russian mercenary group operating in Libya, according to a current U.S. intelligence official and two former officials with knowledge of the matter.
U.S. intelligence agencies have been looking into whether the United Arab Emirates is helping to finance the Libya operations of the Russian Wagner Group. Both the UAE and Wagner have intervened to support Libyan strongman Khalifa Haftar, who has tried to overrun the United Nations-backed government in Tripoli.
But the intelligence reporting, according to current and former officials, has done nothing to slow U.S. arms sales to the Gulf country. The Trump administration is seeking congressional approval of an unprecedented $23 billion sale of weapons to the UAE, including of some of the U.S.’s most advanced military technology, like the F-35 fighter and MQ-9 Reaper drones. If it goes forward, the sale will shift the long-term balance of power in the region.
The intelligence community’s effort was hinted at in a report to Congress last week by the Pentagon’s inspector general. The report said that although the Defense Intelligence Agency’s reporting on the Wagner Group’s financing in Libya is “ambiguous,” the DIA has nonetheless “assessed that the United Arab Emirates may provide some financing for the group’s operations.” This detail in the inspector general’s report, which was first surfaced by Foreign Policy, does not mention when or how U.S. military intelligence reached that assessment.
Although outside analysts have long suspected coordination between the UAE and Russia in Libya, interviews with current and former officials, as well as the inspector general’s report, demonstrate that the U.S. intelligence community is probing ties between one of the U.S.’s largest weapons clients and a mercenary company the U.S. State Department has called a “proxy force” for the Russian Ministry of Defense. The officials all spoke on the condition of anonymity to discuss sensitive intelligence matters.
A former senior U.S. official said that the intelligence about the agreement between the UAE and Wagner included financial assistance.
One current official told The Intercept that U.S. intelligence reporting early this summer indicated that the UAE had signed an agreement similar to a “memorandum of understanding” with Wagner, which many suspected of including direct financial support.
A former senior U.S. official told The Intercept that the intelligence about the agreement between the UAE and Wagner included financial assistance.
After the report was circulated to U.S. intelligence agencies, the CIA informed at least one European ally that it believed the UAE was bankrolling at least some of Wagner’s forces in Libya, according to a third source, a former senior U.S. intelligence official.
The UAE is one of the U.S. military’s closest partners in the Middle East and is seen, despite its relatively small size, as a rising military power in the region. But the country’s support for military dictatorships, like the regime in Egypt, as well as its increasing ties to Russia and China, have caused some in Washington to view it as a problematic ally. The country nonetheless remains one of America’s largest arms customers, having bought billions of dollars’ worth of weapons from U.S. manufacturers in the past decade.
Neither the DIA nor U.S. Africa Command provided comment before publication. Spokespersons for the UAE Embassy did not respond to multiple requests for comment. A spokesperson for the CIA declined to comment.
The massive arms sale the Trump administration is pursuing appears to have come in response to the UAE’s normalization of diplomatic relations with Israel. Many congressional Democrats will try to block the sale.
Sen. Chris Murphy, D-Conn., a frequent critic of arms sales to Saudi Arabia and the UAE, tweeted on Monday that a classified briefing on the sale raised a “mind blowing number of unsettled issues and questions the Administration couldn’t answer.”
Libya has been engulfed in civil war for much of the past decade, since a U.S.-led NATO intervention helped topple longtime dictator Muammar Gaddafi. But what emerged was a fragile balance of power among increasingly armed groups, and another civil war broke out in 2014.
The so-called Wagner Group — which entered the conflict in 2019 — is a collection of private mercenary companies that are equipped and closely linked with Russian military intelligence, and several of its entities have been sanctioned for work on behalf of Russia. It has allowed Russia to cultivate a military foothold in Libya with a degree of deniability.
A U.N. panel of experts has documented the repeated violations of the U.N. arms embargo on Libya, citing countries supporting both sides of the conflict. Both Wagner and the UAE, as well as Egypt, Jordan, and Saudi Arabia, have thrown their support in Libya behind the self-described “Libyan National Army,” backing Haftar in the east, as Turkey and Qatar have supported the Tripoli government. Analysts have long observed what appears to be close operational coordination between the Russians on the ground and Emiratis supporting Haftar.
Wolfram Lacher, a Libya researcher at the German Institute for International and Security Affairs, told The Intercept that last year, Russian mercenaries at times appeared to be acting as ground forces while the UAE, which does not have a large army, operated drones and fighters.
Last year, Russian mercenaries at times appeared to be acting as ground forces while the UAE, which does not have a large army, operated drones and fighters.
“There was clearly also a coordinating role between [Russian mercenaries] and the Emirati drones,” Lacher said. “For the entire autumn until early 2020, the Emiratis were the only ones flying drones and fighter jets around Tripoli. And meanwhile on the ground, the Wagner guys were really pushing forward. They were the ones leading the push forward towards the center of Tripoli. … They made that progress aided by Emirati drones. So clearly there was coordination.”
Meanwhile, the U.S. military has remained mostly on the sidelines of the Libyan conflict but recently issued a number of sharp condemnations of Wagner for its activities in Libya. AFRICOM, which estimates some 2,000 Russian mercenaries are among the foreign fighters in the country, released aerial imagery purportedly showing them moving military hardware into Libya.
And, as Wagner and the Libyan National Army withdrew from Tripoli this summer, AFRICOM accused the Russian mercenaries of rigging mines and other explosive devices in Tripoli neighborhoods. Wagner, a Navy admiral said, was responsible for the “reckless use of landmines and booby traps,” which were “harming innocent civilians.”
Lacher said that the international presence in the country — particularly from the Russians and from Turkey, which is supporting the Tripoli government — would be difficult to reverse.
“The covert Russian intervention was a consequence of Emirati adventurism in Libya, the Turkish intervention was a reaction to it,” Lacher wrote in an email. “But now that they’re there, Russia and Turkey appear to be establishing themselves for the long term in Libya. And it’s not clear to what extent the Russian presence now still serves Emirati aims, and to what extent it now primarily serves Russian interests.”


theintercept--2020-12-02--Toxic PFAS Chemicals Discovered in Hundreds of Products

PFOA became famous for its use in Teflon , after the chemical leaked from a DuPont plant that made the coating for pots and pans into drinking water in West Virginia and Ohio .
Then came the realization that PFOA , along with the closely related compound PFOS , was also in firefighting foam widely used by the military .
Eventually it became clear that these compounds , along with others in the same class known as PFAS , were in microwave popcorn bags , pizza boxes , waterproof fabrics , carpeting , and dental floss .
Still , the @ @ @ @ @ @ @ way from this handful of products into the bodies of most people on earth remained .
The new paper sheds light on that mystery by dramatically expanding the understanding of the chemicals ’ industrial purposes — and by providing the structures , uses , and unique identifying numbers for more than 1,400 individual compounds used in everyday products .
Scientists have detailed more than 200 uses of PFAS chemicals in 64 industrial areas , including mining , book conservation , plastics production , photography , printing , watchmaking , car manufacturing , air @ @ @ @ @ @ @ .
Many of the uses , which are laid out in an article published in the journal Environmental Science : Processes & Impacts , were previously unknown .
While it was previously known that personal care products contain PFAS , Glüge and her colleagues documented their presence in an incredibly wide range of cosmetics , including body lotion , body oil , foundation , concealer , blush , cuticle treatment , eye cream , eye pencil , eye shadow , brow products , hair creams , conditioners , anti-frizz cream , lip liner @ @ @ @ @ @ @ mascara , moisturizer , bars of soap , shampoo , nail polish , nail strengthener , powder , hair spray and mousse , lip balm , lipstick , skin scrub , shaving cream , and sunscreen .
The scientists also found one PFAS compound in hand sanitizer .
In addition to PFAS ’ s industrial uses , the paper also identified dozens of common consumer and athletic products that contain the chemicals , including lubricants for bicycles , coatings for tennis rackets , ski wax , fishing lines , some wooden boats , @ @ @ @ @ @ @ also components of some rock-climbing ropes , a discovery that led one outdoor equipment company to recently launch a brand of PFAS-free ropes .
“ It is the best inventory to date , ” David Andrews , senior scientist at the Environmental Working Group , said of the paper .
Andrews himself has spent time going through trademark applications and cataloguing the PFAS chemicals he finds .
“ This expands on that work by a factor of 10.
” Among Glüge ’ s surprising discoveries was that PFAS compounds are used to coat @ @ @ @ @ @ @ of guitars , lubricate pianos during tuning , stimulate oil wells , and coat the inside of oil pipelines .
They are used in solar energy collectors and photovoltaic cells , brake fluid , pharmaceutical packaging , and windows in greenhouses ; in some ammunition to decrease the likelihood of unintended explosions ; in filters used by wineries to strain wine before it ’ s bottled ; and in glass to make it resistant to fingerprints , according to the new paper .
Ironically — given that the chemicals are toxic and have @ @ @ @ @ @ @ — PFAS chemicals also play a role in water treatment and purification .
This information , which is often fiercely guarded by the companies that make and use PFAS , can be difficult or impossible to obtain .
Juliane Glüge , a senior researcher at the Swiss Federal Institute of Technology in Zurich and the study ’ s principal author , spent almost a year digging up details about the uses of PFAS in patents , scientific papers , regulatory agencies , information from manufacturers , obscure databases , and even reporting by @ @ @ @ @ @ @ incredibly detailed picture of the extent to which PFAS chemicals , which have been shown to cause a range of health problems and persistent indefinitely in the environment , have become virtually omnipresent .
Plastics and rubber production and the electronic industry accounted for the greatest amount of PFAS used in Sweden , Finland , Norway , and Denmark between 2000 and 2017 , according to the paper .
The author tried to obtain the amounts of various PFAS manufactured and imported in the U.S. but was told that the U.S. Environmental Protection @ @ @ @ @ @ @ companies had claimed it as confidential business information , or CBI .
Kyla Bennett encountered a similar problem when she tried to get information on whether PFAS were used in pesticides .
The question occurred to her because she lives in a town where the chemicals have been detected in drinking water .
“ I just couldn ’ t understand why so many towns , including my own in southeastern Massachusetts , had contaminated water , ” said Bennett , who is science policy director for Public Employees for Environmental Responsibility .
“ @ @ @ @ @ @ @ , a military base , or a fire-training facility .
Yet we had PFAS in our drinking water wells.
” Bennett knew that her town was aerially sprayed with pesticides , but when she asked both the EPA and pesticide manufacturers about whether Anvil 10+10 , the pesticide used in her town , contained PFAS , she couldn ’ t get a straight answer and repeatedly ran into confidentiality claims .
So she decided to get the pesticide tested through a commercial laboratory .
The Massachusetts Department of Environmental Protection later did its @ @ @ @ @ @ @ yesterday , showed that the Anvil 10+10 , which is aerially sprayed in 25 states , including New York , Florida , and Massachusetts , contained eight PFAS chemicals , among them PFOA and PFOS .
Bennett said she suspects that Anvil 10+10 , the only product the group had chemically analyzed , might not be alone in containing PFAS .
“ Given the fact that it is the only one we tested and it had so many different PFAS in it , I fear it ’ s just the tip of the @ @ @ @ @ @ @ Environmental Science paper identified seven compounds that were used as active ingredients in pesticides ( including one used widely in Brazil ) and five others that were added to the products as “ inert ingredients.
” Glüge described the massive document as “ a work in progress ” and said she welcomed the input of other scientists who can add new compounds to it , clarify the exact purposes of chemicals already on the list , and report on whether some of the uses may have already been discontinued .
She also said @ @ @ @ @ @ @ discussion about how many of these compounds can be replaced with others that don ’ t last indefinitely in the environment .
“ The first step would be to look at the ones we think are nonessential , ” said Glüge .
“ For instance , there are already PFAS-free bicycle lubricants on the market .
So why do we need one with PFAS in it ?
” The European Union is asking similar questions .
Noting that PFAS “ contamination in some cases may be irreversible , making fundamental natural resources such @ @ @ @ @ @ @ , ” the European Commission has suggested both regulating the chemicals as a class and prohibiting all but essential uses of the chemicals .
In the U.S. , limiting the use of these quickly proliferating chemicals may be trickier .
After the Trump administration failed to carry out promised steps to limit and regulate PFAS , President-elect Biden has promised fast action .
But he also placed Michael McCabe , who oversaw DuPont ’ s successful effort to dodge regulation of PFOA and introduce a similarly toxic replacement PFAS compound , on his @ @ @ @ @ @ @ s got his work cut out for him , ” Bennett said .
“ They need to regulate PFAS as a class .
They need to get the approval of these new PFAS under control .
And they need to close the loophole of proprietary ingredients being withheld as CBI.
” Because the EPA has allowed the chemicals into so many products and allowed companies to keep their presence confidential , “ the burden of finding chemicals and proving them guilty often falls on small NGOs like PEER or citizens who are fighting @ @ @ @ @ @ @ .
“ And that ’ s not right .
”

Scientists have detailed more than 200 uses of PFAS chemicals in 64 industrial areas, including mining, book conservation, plastics production, photography, printing, watchmaking, car manufacturing, air conditioning, fingerprinting, and particle physics. Many of the uses, which are laid out in an article published in the journal Environmental Science: Processes & Impacts, were previously unknown.
PFOA became famous for its use in Teflon, after the chemical leaked from a DuPont plant that made the coating for pots and pans into drinking water in West Virginia and Ohio. Then came the realization that PFOA, along with the closely related compound PFOS, was also in firefighting foam widely used by the military. Eventually it became clear that these compounds, along with others in the same class known as PFAS, were in microwave popcorn bags, pizza boxes, waterproof fabrics, carpeting, and dental floss. Still, the question of how these chemicals made their way from this handful of products into the bodies of most people on earth remained. The new paper sheds light on that mystery by dramatically expanding the understanding of the chemicals’ industrial purposes — and by providing the structures, uses, and unique identifying numbers for more than 1,400 individual compounds used in everyday products.
This information, which is often fiercely guarded by the companies that make and use PFAS, can be difficult or impossible to obtain. Juliane Glüge, a senior researcher at the Swiss Federal Institute of Technology in Zurich and the study’s principal author, spent almost a year digging up details about the uses of PFAS in patents, scientific papers, regulatory agencies, information from manufacturers, obscure databases, and even reporting by The Intercept. The result is an incredibly detailed picture of the extent to which PFAS chemicals, which have been shown to cause a range of health problems and persist indefinitely in the environment, have become virtually omnipresent.
Broad Range of Products
Among Glüge’s surprising discoveries was that PFAS compounds are used to coat the blades of windmills and the strings of guitars, lubricate pianos during tuning, stimulate oil wells, and coat the inside of oil pipelines. They are used in solar energy collectors and photovoltaic cells, brake fluid, pharmaceutical packaging, and windows in greenhouses; in some ammunition to decrease the likelihood of unintended explosions; in filters used by wineries to strain wine before it’s bottled; and in glass to make it resistant to fingerprints, according to the new paper. Ironically — given that the chemicals are toxic and have come to contaminate water around the world — PFAS chemicals also play a role in water treatment and purification.
“It is the best inventory to date,” David Andrews, senior scientist at the Environmental Working Group, said of the paper. Andrews himself has spent time going through trademark applications and cataloguing the PFAS chemicals he finds. “This expands on that work by a factor of 10.”
In addition to PFAS’s industrial uses, the paper also identified dozens of common consumer and athletic products that contain the chemicals, including lubricants for bicycles, coatings for tennis rackets, ski wax, fishing lines, some wooden boats, and sail covers. The compounds are also components of some rock-climbing ropes, a discovery that led one outdoor equipment company to recently launch a brand of PFAS-free ropes.
While it was previously known that personal care products contain PFAS, Glüge and her colleagues documented their presence in an incredibly wide range of cosmetics, including body lotion, body oil, foundation, concealer, blush, cuticle treatment, eye cream, eye pencil, eye shadow, brow products, hair creams, conditioners, anti-frizz cream, lip liner, makeup remover, anti-aging cream, mascara, moisturizer, bars of soap, shampoo, nail polish, nail strengthener, powder, hair spray and mousse, lip balm, lipstick, skin scrub, shaving cream, and sunscreen. The scientists also found one PFAS compound in hand sanitizer.
Plastics and rubber production and the electronic industry accounted for the greatest amount of PFAS used in Sweden, Finland, Norway, and Denmark between 2000 and 2017, according to the paper. The author tried to obtain the amounts of various PFAS manufactured and imported in the U.S. but was told that the U.S. Environmental Protection Agency would not make that available because companies had claimed it as confidential business information, or CBI.
Kyla Bennett encountered a similar problem when she tried to get information on whether PFAS were used in pesticides. The question occurred to her because she lives in a town where the chemicals have been detected in drinking water. “I just couldn’t understand why so many towns, including my own in southeastern Massachusetts, had contaminated water,” said Bennett, who is science policy director for Public Employees for Environmental Responsibility. “We aren’t near an airport, a military base, or a fire-training facility. Yet we had PFAS in our drinking water wells.”
Bennett knew that her town was aerially sprayed with pesticides, but when she asked both the EPA and pesticide manufacturers about whether Anvil 10+10, the pesticide used in her town, contained PFAS, she couldn’t get a straight answer and repeatedly ran into confidentiality claims. So she decided to get the pesticide tested through a commercial laboratory. The Massachusetts Department of Environmental Protection later did its own testing. The results, released yesterday, showed that the Anvil 10+10, which is aerially sprayed in 25 states, including New York, Florida, and Massachusetts, contained eight PFAS chemicals, among them PFOA and PFOS.
Bennett said she suspects that Anvil 10+10, the only product the group had chemically analyzed, might not be alone in containing PFAS. “Given the fact that it is the only one we tested and it had so many different PFAS in it, I fear it’s just the tip of the iceberg,” she said.
The Environmental Science paper identified seven compounds that were used as active ingredients in pesticides (including one used widely in Brazil) and five others that were added to the products as “inert ingredients.”
Biden’s Challenge
Glüge described the massive document as “a work in progress” and said she welcomed the input of other scientists who can add new compounds to it, clarify the exact purposes of chemicals already on the list, and report on whether some of the uses may have already been discontinued. She also said she was hopeful that it will spark discussion about replacing these compounds with others that don’t last indefinitely in the environment.
“The first step would be to look at the ones we think are nonessential,” said Glüge. “For instance, there are already PFAS-free bicycle lubricants on the market. So why do we need one with PFAS in it?”
The European Union is asking similar questions. Noting that PFAS “contamination in some cases may be irreversible, making fundamental natural resources such as soil and water no longer usable,” the European Commission has suggested both regulating the chemicals as a class and prohibiting all but essential uses of the chemicals.
In the U.S., limiting the use of these quickly proliferating chemicals may be trickier. After the Trump administration failed to carry out promised steps to limit and regulate PFAS, President-elect Biden has promised fast action. But he also placed Michael McCabe, who oversaw DuPont’s successful effort to dodge regulation of PFOA and introduce a similarly toxic replacement PFAS compound, on his EPA transition team.
“Biden’s got his work cut out for him,” Bennett said. “They need to regulate PFAS as a class. They need to get the approval of these new PFAS under control. And they need to close the loophole of proprietary ingredients being withheld as CBI.”
Because the EPA has allowed the chemicals into so many products and allowed companies to keep their presence confidential, “the burden of finding chemicals and proving them guilty often falls on small NGOs like PEER or citizens who are fighting for their lives,” said Bennett. “And that’s not right.”


theintercept--2020-12-03--Goldman Sachs Log Exposes David Perdue's Stock Trading Claim as a Lie

Perdue initiated the well-timed sale of more than $ 1 million worth of stock in the tech-banking firm Cardlytics , according to a report from the New York Times , despite previous claims made by Perdue that an outside adviser makes his trades .
Perdue , who sat on the board of Cardlytics before entering office , came under scrutiny this year for trades that occurred in the weeks before the coronavirus shutdown — and also just prior to the CEO of Cardlytics stepping down .
This past spring , when Perdue was questioned about the curiously timed trades , @ @ @ @ @ @ @ trades were made by an independent financial adviser , and therefore couldn ’ t be the result of any inside information he had obtained .
“ Since coming to the U.S. Senate , Senator Perdue has always had an outside advisor managing his personal finances , and he is not involved in day-to-day decisions , ” Perdue spokesperson Casey Black told The Intercept in March in response to questions about his trading stocks in the run-up to the pandemic-fueled market crash .
Asked specifically about the Cardlytics transactions , Black reiterated that “ @ @ @ @ @ @ @ Perdue ’ s ] retirement savings.
” Yet that Perdue claim is a lie : According to the recent report in the Times , Perdue ordered the trades himself .
On January 21 , Cardlytics CEO Scott Grimes emailed Perdue .
“ David , I know you are about to do a call with David Evans , ” Grimes wrote .
“ As an FYI , I have not told him about the upcoming changes .
Thanks , Scott.
” Evans was the company ’ s chief operating officer .
Any “ changes @ @ @ @ @ @ @ the COO would be likely to move the stock .
Perdue replied : “ I don ’ t know about a call with David or the changes you mentioned.
” The next morning , Grimes wrote back : “ David , Sorry .
That email was not meant for you .
Wrong David !
” Either Perdue knew about the changes and was creating a record that could enable him to deny such knowledge , or he did not know about the changes and wanted to be clear he had no such knowledge @ @ @ @ @ @ @ sent in error or not , Perdue acted shortly thereafter .
“ Mr .
Perdue then contacted his wealth manager at Goldman Sachs , Robert Hutchinson , and instructed him to sell a little more than $ 1 million worth of Cardlytics shares , or about 20 percent of his position , ” the Times reported , citing three sources .
“ One person familiar with the inquiry into Mr. Perdue ’ s trades said that the conversation was memorialized in an internal Goldman Sachs record later obtained by the F.B.I.
” Five @ @ @ @ @ @ @ was stepping down amid a shake-up of the leadership team , which also included COO Evans , and the stock tanked — falling by nearly two-thirds in two weeks .
The records , including Perdue ’ s email exchanges , were obtained through grand jury subpoenas as part of an investigation that started earlier this year when a handful of Republican senators came under scrutiny for stock trading at the beginning of the pandemic .
The Intercept ’ s first investigation into Perdue ’ s trading was published in May , and Perdue @ @ @ @ @ @ @ ; the grand jury declined to indict the senator .
Perdue ’ s spokesperson did not immediately respond to a follow-up request for comment .
Perdue ’ s spokesperson had previously told The Intercept that Perdue was acting on advice from October 2019 to sell Cardlytics shares , a claim repeated to the Times .
Perdue , who is facing a runoff against Jon Ossoff in January , has since been running an ad boasting of having been “ totally exonerated.
” Perdue bested Ossoff by about 88,000 votes in November but fell @ @ @ @ @ @ @ needed to avoid a runoff .
As The Intercept previously reported , on March 18 , when Cardlytics stock was bottoming out under $ 30 , Perdue bought back the bulk of the shares he had sold — but this time getting them at a steep discount , investing between $ 200,000 and $ 500,000 back into the company , according to Senate disclosures .
The stock has seen explosive growth since , currently selling at around $ 115 per share .
Grimes , who is now executive chair of the board , @ @ @ @ @ @ @ contribution by individuals , to Perdue ’ s campaign in 2019 ; it was his only contribution to any candidate in the 2020 cycle .
Most of the executives involved in that corporate restructuring had helped Perdue win his race in 2014 , contributing $ 24,500 , according to campaign finance reports .
That Perdue owned so much Cardlytics stock at all was itself thanks to the generosity of the company ’ s board .
Perdue received stock options in the company for serving on its board , but those options were worthless @ @ @ @ @ @ @ in 2014 , because the company had yet to go public .
The Cardlytics board bailed Perdue out by extending the deadline for exercising his options by years .
As The Intercept reported in May : According to filings with the SEC , Cardlytics “ accelerated Mr. Perdue ’ s options ” — which means he was fully granted the ones that had yet to vest — “ and extended the post-termination exercise periods applicable to Mr. Perdue ’ s option grants to October 12 , 2020 and January 25 , 2022.
” @ @ @ @ @ @ @ gives the stock more opportunity to rise , and gives Perdue more time to decide whether to exercise them , thus dramatically reducing his risk .
According to his Senate financial disclosure reports , Perdue had the option to purchase the stock at two separate prices , known as strike prices : 59 cents and $ 1.11 .
When the value of the company rises above the strike price , the options are said to be “ in the money.
” Brian Foley , an executive compensation consultant and managing director of the @ @ @ @ @ @ @ that allowing Perdue to leave with all of his options in 2014 was generous of the board , but an understandable decision .
Allowing him to stretch the time he had to exercise the options out to 2020 and 2022 , he added , was extraordinary , as Cardlytics was not yet a public company , and that window allowed him many years to wait for the company to go public and its stock to rise before deciding whether to exercise his options .
Cardlytics , part of the nascent financial technology industry @ @ @ @ @ @ @ banking data , using financial transaction history to help companies tailor their personalized marketing efforts .
That practice puts it up against a host of privacy regulations , and the company proudly markets its ability to stay within the law as a prime selling point .
Perdue serves on the Senate Banking Committee and has worked to roll back regulations that govern firms like Cardlytics .
Such conflicts of Perdue ’ s have recently been investigated by the New York Times and the Daily Beast .

Georgia Sen. David Perdue initiated the well-timed sale of more than $1 million worth of stock in the tech-banking firm Cardlytics, according to a report from the New York Times, despite previous claims made by Perdue that an outside adviser makes his trades.
Perdue, who sat on the board of Cardlytics before entering office, came under scrutiny this year for trades that occurred in the weeks before the coronavirus shutdown — and also just prior to the CEO of Cardlytics stepping down. This past spring, when Perdue was questioned about the curiously timed trades, he said through a spokesperson that his trades were made by an independent financial adviser, and therefore couldn’t be the result of any inside information he had obtained.
“Since coming to the U.S. Senate, Senator Perdue has always had an outside advisor managing his personal finances, and he is not involved in day-to-day decisions,” Perdue spokesperson Casey Black told The Intercept in March in response to questions about his trading stocks in the run-up to the pandemic-fueled market crash. Asked specifically about the Cardlytics transactions, Black reiterated that “outside, independent financial advisors manage [Perdue’s] retirement savings.”
Yet that Perdue claim is a lie: According to the recent report in the Times, Perdue ordered the trades himself.
On January 21, Cardlytics CEO Scott Grimes emailed Perdue. “David, I know you are about to do a call with David Evans,” Grimes wrote. “As an FYI, I have not told him about the upcoming changes. Thanks, Scott.”
Evans was the company’s chief operating officer. Any “changes” significant enough to be kept from the COO would be likely to move the stock.
Perdue replied: “I don’t know about a call with David or the changes you mentioned.”
The next morning, Grimes wrote back: “David, Sorry. That email was not meant for you. Wrong David!”
Either Perdue knew about the changes and was creating a record that could enable him to deny such knowledge, or he did not know about the changes and wanted to be clear he had no such knowledge.
Whether the message had truly been sent in error or not, Perdue acted shortly thereafter. “Mr. Perdue then contacted his wealth manager at Goldman Sachs, Robert Hutchinson, and instructed him to sell a little more than $1 million worth of Cardlytics shares, or about 20 percent of his position,” the Times reported, citing three sources. “One person familiar with the inquiry into Mr. Perdue’s trades said that the conversation was memorialized in an internal Goldman Sachs record later obtained by the F.B.I.”
Five weeks later, the company announced Grimes was stepping down amid a shake-up of the leadership team, which also included COO Evans, and the stock tanked — falling by nearly two-thirds in two weeks.
The records, including Perdue’s email exchanges, were obtained through grand jury subpoenas as part of an investigation that started earlier this year when a handful of Republican senators came under scrutiny for stock trading at the beginning of the pandemic. The Intercept’s first investigation into Perdue’s trading was published in May, and Perdue was questioned by the FBI in June; the grand jury declined to indict the senator.
Perdue’s spokesperson did not immediately respond to a follow-up request for comment. Perdue’s spokesperson had previously told The Intercept that Perdue was acting on advice from October 2019 to sell Cardlytics shares, a claim repeated to the Times.
Perdue, who is facing a runoff against Jon Ossoff in January, has since been running an ad boasting of having been “totally exonerated.” Perdue bested Ossoff by about 88,000 votes in November but fell just shy of the 50 percent margin needed to avoid a runoff.
As The Intercept previously reported, on March 18, when Cardlytics stock was bottoming out under $30, Perdue bought back the bulk of the shares he had sold — but this time getting them at a steep discount, investing between $200,000 and $500,000 back into the company, according to Senate disclosures. The stock has seen explosive growth since, currently selling at around $115 per share.
Grimes, who is now executive chair of the board, gave $5,600, the maximum allowable contribution by individuals, to Perdue’s campaign in 2019; it was his only contribution to any candidate in the 2020 cycle. Most of the executives involved in that corporate restructuring had helped Perdue win his race in 2014, contributing $24,500, according to campaign finance reports.
That Perdue owned so much Cardlytics stock at all was itself thanks to the generosity of the company’s board. Perdue received stock options in the company for serving on its board, but those options were worthless when he was elected to the Senate in 2014, because the company had yet to go public. The Cardlytics board bailed Perdue out by extending the deadline for exercising his options by years. As The Intercept reported in May:
According to filings with the SEC, Cardlytics “accelerated Mr. Perdue’s options” — which means he was fully granted the ones that had yet to vest — “and extended the post-termination exercise periods applicable to Mr. Perdue’s option grants to October 12, 2020 and January 25, 2022.” Having extra time to exercise the options gives the stock more opportunity to rise, and gives Perdue more time to decide whether to exercise them, thus dramatically reducing his risk. According to his Senate financial disclosure reports, Perdue had the option to purchase the stock at two separate prices, known as strike prices: 59 cents and $1.11. When the value of the company rises above the strike price, the options are said to be “in the money.” Brian Foley, an executive compensation consultant and managing director of the firm Brian Foley & Company, said that allowing Perdue to leave with all of his options in 2014 was generous of the board, but an understandable decision. Allowing him to stretch the time he had to exercise the options out to 2020 and 2022, he added, was extraordinary, as Cardlytics was not yet a public company, and that window allowed him many years to wait for the company to go public and its stock to rise before deciding whether to exercise his options.
Cardlytics, part of the nascent financial technology industry, collects and analyzes personal consumer and banking data, using financial transaction history to help companies tailor their personalized marketing efforts. That practice puts it up against a host of privacy regulations, and the company proudly markets its ability to stay within the law as a prime selling point. Perdue serves on the Senate Banking Committee and has worked to roll back regulations that govern firms like Cardlytics. Such conflicts of Perdue’s have recently been investigated by the New York Times and the Daily Beast.


theintercept--2020-12-03--New DCCC Chair Promises to End Controversial Blacklist Policy

Democrats saw a handful of incumbents ousted by progressive opponents in the House in 2018 , including Squad members Reps. Alexandria Ocasio-Cortez and Ayanna Pressley , the chair of the Democratic Congressional Campaign Committee , Rep. Cheri Bustos , formalized a new policy : The DCCC would ban any political consultants or vendors working with candidates running primary challenges against incumbent Democrats .
Since then , progressives have railed against the blacklist , saying the policy protects the status quo of the Democratic Party while discouraging women and people of color from running for office .
The ban also had @ @ @ @ @ @ @ movement ’ s efforts to build its own political infrastructure .
Just days after the party ’ s disastrous performance in House races this year , Bustos stepped down from the DCCC chair position .
The blacklist , it seems , will go with her .
New York Rep. Sean Patrick Maloney , who won the vote this morning , says he wants to end the ban .
Maloney told Axios over the weekend that the blacklist “ separated ourselves from some of the most creative and diverse people working in politics , @ @ @ @ @ @ @ social media.
” His opponent , Rep. Tony Cárdenas of California , had also vowed to reverse the blanket ban .
No progressive candidate ran for the position .
In a recent Twitter thread about the Democratic Party ’ s underperformance in 2020 , Ocasio-Cortez , who easily won her first reelection , pointed to an “ awful execution on digital ” and “ underinvestment across the board , ” including some campaigns that didn ’ t spend a dime on digital the week before the election .
“ Ironically , ” she @ @ @ @ @ @ @ that are “ the best in the country at Facebook ” because they work with progressives .
In many ways , Maloney , a conservative Democrat representing a district Trump carried in 2016 and a member of the billionaire-backed Problem Solvers Caucus and New Democrat Coalition , does not represent a significant departure from Bustos .
The New York Democrat has crossed party lines to back a local Republican : Last year , Maloney , the state ’ s first openly gay member of Congress , endorsed a Republican who had previously expressed @ @ @ @ @ @ @ .
Maloney has criticized the party ’ s digital operations and reliance on “ stuffy old traditional crappy polling.
” In 2016 , Maloney led an investigation into the party ’ s problems in the House , though made sure that the report itself never got out .
In an interview with the Washington Post in 2017 , however , he laid out some of the details .
The competitiveness of a district could be judged , he said , by “ 350 unique characteristics ” that indicate how it ’ ll vote @ @ @ @ @ @ @ said , were the most important : the racial makeup of the district , the number of voters with college degrees , and how rural the district is .
By that measure , the Post article singled out two successful candidates who fit the model going forward : Reps. Josh Gottheimer of suburban northern New Jersey and Stephanie Murphy of suburban Orlando .
It ’ s difficult to gauge which of the two , Gottheimer or Murphy , is more openly hostile to the progressive wing of the Democratic Party .
Gottheimer is @ @ @ @ @ @ @ and routinely organizes with Republicans to undermine Democrats on the House floor .
Murphy , co-chair of the conservative Blue Dog Coalition , calls herself the “ velvet hammer ” and has also bucked House Speaker Nancy Pelosi publicly from the right .
In the interview , Maloney also singled out districts he said Democrats made a mistake thinking they could win , specifically Iowa ’ s 1st Congressional District and Minnesota ’ s 2nd .
Yet in 2018 , Democrat Abby Finkenauer won the Iowa race , and Angie Craig won in @ @ @ @ @ @ @ by roughly 10,000 votes as Iowa swung Republican ; Craig , meanwhile , won reelection .
DCCC ’ s leadership election , which Maloney won 119-107 , was decided in a secret-ballot vote at a closed-door virtual meeting on Thursday .
Cárdenas currently leads the Congressional Hispanic Caucus ’ s campaign arm , BOLD PAC .
The California lawmaker , who was favored by many progressives , withdrew from the race for assistant speaker , which is considered the No .
4 position in the House , to compete for this lower position @ @ @ @ @ @ @ 2022 will be essential to our fight , ” Maloney said in a statement .
“ I will work every day to improve our campaign operations , connect with voters across lines of difference , protect our incumbents , and expand our majority.
” Aside from seeing the blacklist policy reversed , Rep. Ro Khanna , a progressive California lawmaker , told The Intercept that he would also like to see the new chair of the House Democrats ’ campaign arm , and party as a whole , adopt a “ stronger economic @ @ @ @ @ @ @ $ 15 minimum wage passed in Florida and yet we couldn ’ t win that state , paid family leave won in Colorado but we didn ’ t emphasize that nationally , ” he said last month .
“ We need to have a bold economic agenda that is talking about how to improve people ’ s lives , that fills the void to overcome some of the sloganeering.
” Democrats managed to hold on to their majority in the chamber but got wiped out in key states , losing a dozen seats @ @ @ @ @ @ @ to retake control in the 2022 midterms .
All the Democratic incumbents who lost were moderates , and nearly all of the Democrats vying to flip Republican-held seats , including progressive candidates , fell short .
Before reality hit , Democrats were hoping to pick up competitive seats in states like Texas and California , and maybe even win the Senate .
Even Bustos , the person responsible for expanding the party ’ s majority , nearly lost reelection , beating her Republican opponent by about 4 percentage points after winning by more @ @ @ @ @ @ @ 2018 .
“ I am gutted at the losses we sustained , ” Bustos wrote in a letter to her colleagues last month .
She added that the DCCC would conduct a “ transparent after-action-review to better understand why the national polling and modeling environment failed to materialize — not just for House races , but also up and down the ballot.
” Last year , Black and Latino lawmakers privately clashed with Bustos , expressing frustration with the party committee ’ s efforts to retain staffers of color in top positions and @ @ @ @ @ @ @ .
Despite the DCCC ’ s diversity standards for political vendors , and other Democratic initiatives , political consultants of color say they ’ re still routinely overlooked .
Maloney promised to make diversity a priority , and has pledged to create a program specifically to protect front-line candidates of color , The Hill reported .
But while Cárdenas bid represented the party ’ s slow awakening to the importance of Latino voters , Maloney also doesn ’ t promise any major soul-searching on the messaging of the party .
“ I don @ @ @ @ @ @ @ past .
I ’ m not a historian , ” Maloney told Roll Call in November .
“ My job is not to whine about it , my job is to win.
” As for the rest of the party ’ s leadership elections , the now-octogenarian trio that has sat atop the caucus for at least 15 years — House Speaker Nancy Pelosi , Majority Leader Steny Hoyer , and Majority Whip Jim Clyburn — all cruised to another term uncontested last month .

In 2019, after Democrats saw a handful of incumbents ousted by progressive opponents in the House in 2018, including Squad members Reps. Alexandria Ocasio-Cortez and Ayanna Pressley, the chair of the Democratic Congressional Campaign Committee, Rep. Cheri Bustos, formalized a new policy: The DCCC would ban any political consultants or vendors working with candidates running primary challenges against incumbent Democrats.
Since then, progressives have railed against the blacklist, saying the policy protects the status quo of the Democratic Party while discouraging women and people of color from running for office. The ban also had the unintended consequence of accelerating the progressive movement’s efforts to build its own political infrastructure.
Just days after the party’s disastrous performance in House races this year, Bustos stepped down from the DCCC chair position. The blacklist, it seems, will go with her. New York Rep. Sean Patrick Maloney, who won the vote this morning, says he wants to end the ban. Maloney told Axios over the weekend that the blacklist “separated ourselves from some of the most creative and diverse people working in politics, particularly in the area of digital and social media.” His opponent, Rep. Tony Cárdenas of California, had also vowed to reverse the blanket ban.
No progressive candidate ran for the position.
In a recent Twitter thread about the Democratic Party’s underperformance in 2020, Ocasio-Cortez, who easily won her first reelection, pointed to an “awful execution on digital” and “underinvestment across the board,” including some campaigns that didn’t spend a dime on digital the week before the election. “Ironically,” she continued, the DCCC banned the firms that are “the best in the country at Facebook” because they work with progressives.
In many ways, Maloney, a conservative Democrat representing a district Trump carried in 2016 and a member of the billionaire-backed Problem Solvers Caucus and New Democrat Coalition, does not represent a significant departure from Bustos. The New York Democrat has crossed party lines to back a local Republican: Last year, Maloney, the state’s first openly gay member of Congress, endorsed a Republican who had previously expressed opposition to same-sex marriage and abortion rights.
Maloney has criticized the party’s digital operations and reliance on “stuffy old traditional crappy polling.” In 2016, Maloney led an investigation into the party’s problems in the House, though made sure that the report itself never got out. In an interview with the Washington Post in 2017, however, he laid out some of the details. The competitiveness of a district could be judged, he said, by “350 unique characteristics” that indicate how it’ll vote. Three of those characteristics, he said, were the most important: the racial makeup of the district, the number of voters with college degrees, and how rural the district is. By that measure, the Post article singled out two successful candidates who fit the model going forward: Reps. Josh Gottheimer of suburban northern New Jersey and Stephanie Murphy of suburban Orlando. It’s difficult to gauge which of the two, Gottheimer or Murphy, is more openly hostile to the progressive wing of the Democratic Party. Gottheimer is the co-chair of the Problem Solvers Caucus and routinely organizes with Republicans to undermine Democrats on the House floor. Murphy, co-chair of the conservative Blue Dog Coalition, calls herself the “velvet hammer” and has also bucked House Speaker Nancy Pelosi publicly from the right.
In the interview, Maloney also singled out districts he said Democrats made a mistake thinking they could win, specifically Iowa’s 1st Congressional District and Minnesota’s 2nd. Yet in 2018, Democrat Abby Finkenauer won the Iowa race, and Angie Craig won in Minnesota. In 2020, Finkenauer lost by roughly 10,000 votes as Iowa swung Republican; Craig, meanwhile, won reelection.
DCCC’s leadership election, which Maloney won 119-107, was decided in a secret-ballot vote at a closed-door virtual meeting on Thursday. Cárdenas currently leads the Congressional Hispanic Caucus’s campaign arm, BOLD PAC. The California lawmaker, who was favored by many progressives, withdrew from the race for assistant speaker, which is considered the No. 4 position in the House, to compete for this lower position.
“A strong Democratic majority in 2022 will be essential to our fight,” Maloney said in a statement. “I will work every day to improve our campaign operations, connect with voters across lines of difference, protect our incumbents, and expand our majority.”
Aside from seeing the blacklist policy reversed, Rep. Ro Khanna, a progressive California lawmaker, told The Intercept that he would also like to see the new chair of the House Democrats’ campaign arm, and party as a whole, adopt a “stronger economic message” and agenda.
“A $15 minimum wage passed in Florida and yet we couldn’t win that state, paid family leave won in Colorado but we didn’t emphasize that nationally,” he said last month. “We need to have a bold economic agenda that is talking about how to improve people’s lives, that fills the void to overcome some of the sloganeering.”
Democrats managed to hold on to their majority in the chamber but got wiped out in key states, losing a dozen seats and leaving Republicans in a better position to retake control in the 2022 midterms. All the Democratic incumbents who lost were moderates, and nearly all of the Democrats vying to flip Republican-held seats, including progressive candidates, fell short. Before reality hit, Democrats were hoping to pick up competitive seats in states like Texas and California, and maybe even win the Senate. Even Bustos, the person responsible for expanding the party’s majority, nearly lost reelection, beating her Republican opponent by about 4 percentage points after winning by more than 20 percentage points in 2016 and 2018.
“I am gutted at the losses we sustained,” Bustos wrote in a letter to her colleagues last month. She added that the DCCC would conduct a “transparent after-action-review to better understand why the national polling and modeling environment failed to materialize — not just for House races, but also up and down the ballot.”
Last year, Black and Latino lawmakers privately clashed with Bustos, expressing frustration with the party committee’s efforts to retain staffers of color in top positions and hire firms run by people of color. Despite the DCCC’s diversity standards for political vendors, and other Democratic initiatives, political consultants of color say they’re still routinely overlooked. Maloney promised to make diversity a priority, and has pledged to create a program specifically to protect front-line candidates of color, The Hill reported.
But while Cárdenas bid represented the party’s slow awakening to the importance of Latino voters, Maloney also doesn’t promise any major soul-searching on the messaging of the party. “I don’t give a damn about the past. I’m not a historian,” Maloney told Roll Call in November. “My job is not to whine about it, my job is to win.”
As for the rest of the party’s leadership elections, the now-octogenarian trio that has sat atop the caucus for at least 15 years — House Speaker Nancy Pelosi, Majority Leader Steny Hoyer, and Majority Whip Jim Clyburn — all cruised to another term uncontested last month.