The Senate, in a bipartisan 66-32 vote on Monday evening, confirmed Mike Pompeo to be the next CIA director. Pompeo was in his fourth term in the House. The only Republican to vote against Pompeo was Kentucky Senator Rand Paul. The other 31 votes against Pompeo came from Democrats. As my colleague Russell Berman writes:
Pompeo’s harshest critic was Senator Ron Wyden of Oregon, a privacy hawk who delivered a lengthy speech criticizing the Kansas Republican’s “enthusiasm” for broad surveillance programs and what he said were Pompeo’s shifting positions on torture and on Russia’s interference in the November election. Other Democrats had said they were satisfied with Pompeo’s assertion during his confirmation hearing that he would not restart the CIA’s use of enhanced interrogation techniques in violation of the law, even if Trump ordered him to do so.
Snapchat Filter Not Responsible for Distracted Driver Claim, Judge Rules
A lawsuit claiming Snapchat was to blame for a high-speed car crash was dismissed by a Georgia court Friday, citing the social media company’s immunity under the Communication’s Decency Act. The case was brought against Snapchat in April by Wentworth and Karen Maynard, who claimed the application’s “speed filter,” which shows how fast the phone is moving at the time the photo or video is taken, caused 18-year-old Christal McGee to crash into Wentworth Maynard’s car while driving at 107 miles per hour (171 kilometer per hour), leaving Maynard with severe brain damage. McGee, who was also sued by the Maynards, claimed she was “just trying to get the car to 100 miles per hour to post it on Snapchat.” In his ruling Friday, Spalding County State Court Judge Josh Thacker said the social media company was exempt from liability under the CDA’s immunity clause, which states that “no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Snapchat’s attorneys told the Associated Press Monday the ruling reaffirms the need for “responsible use of these technologies by the driver.”
The First Drone Strikes Under Trump Target Al-Qaeda in Yemen
The U.S. carried out several drone strikes in Yemen over the weekend targeting al-Qaeda leaders, marking the first drone strikes under the new Trump administration. The bombings hit the country’s southwestern Bayda province, and among the targets was Abu Anis al-Abi, a field commander with al-Qaeda in the Arabian Peninsula. These strikes did not necessarily require Trump to sign off on them, because the Obama administration enabled the four-star commander of U.S. Central Command, General Joseph Votel, to oversee strikes. Drone strikes increased to unprecedented levels under Obama, much to the anger of human-rights groups, which decry their use because of the risk of collateral damage. On Thursday, U.S. intelligence officials released a report saying that under Obama as many as 117 civilians died in drone bombings. These numbers, however, are often viewed as extremely low by human rights groups.
Trump Signs Executive Order Withdrawing From the TPP
President Trump signed an executive order Monday to withdraw the U.S. from the Trans-Pacific Partnership (TPP), a longstanding campaign pledge. The TPP, a project initiated by the Obama administration, would have placed the U.S. and 11 Asia-Pacific countries in an unprecedented free-trade zone. Trump’s executive order pulls the U.S. out of that deal, an effort to refocus on putting “America first,” as the president repeated in his inauguration address Friday. The trade deal had been a tough sell for both major political parties, with former-President Obama struggling to convince even Democrats of its worth because it had been painted during the election campaign as detrimental to U.S. manufacturing. Until this election, trade deals had received mostly bipartisan support. Trump has also said he wants to renegotiation the NAFTA, which set up a free-trade zone from Mexico to Canada.
Trump Reinstates Mexico City Rule, Blocking U.S. Funding for Abortion Services Worldwide
President Trump, in one of his first acts since assuming office, reinstated Monday a policy blocking U.S. funding for health programs that provide abortions or related services overseas. Known commonly as the Mexico City policy or the “global gag rule,” the policy restricts foreign organizations receiving U.S. family-planning funding from conducting any abortion-related services, even if they are conducted with non-U.S. funds. Since it went into effect in 1984, the policy has routinely been enacted by Republican administrations and rescinded by Democratic ones. As my colleague Anna Diamond writes:
Now, the signing of the order is filled with symbolism. Always falling on or within days of the January 22nd anniversary of Roe v. Wade, it’s become a way for the incoming president to signal to his party and supporters an initial commitment for or against abortion rights.
A Violent California Storm Destroys an Iconic Concrete Ship
A harsh storm hit the California coast this weekend and set surf records, with wave heights reaching nearly 35 feet in some places. They were particularly violent near Santa Cruz, about 80 miles south of San Francisco, where the storm wrecked a local icon, a historic World War I concrete ship called the S.S. Palo Alto. Then-President Woodrow Wilson ordered a fleet of concrete ships built in 1917, and while other ships had been made of this material, none had ever been made so large—420 feet long. The S.S. Palo Alto was one of 24 others built at the time, and it came to rest near Santa Cruz in 1930, where it connected to a pier and became a famous icon of the beach. The ship’s hull had been crumbling for some time, and over the decades it served as a home for the area’s wildlife, like sea lions, fish, and sea birds. In the mid-2000s, a leak in the ship’s tank spilled old oil into the waters and the California Department of Fish and Wildlife spent $1.7 million to clean up the fuel. This weekend’s storm sent waves crashing against the hull and split off the stern. It’s unclear what will be done with the crumbling remains.
What was once a solid structure, is now in 2 pieces. The S.S. Palo Alto's stern has taken enough beating and gave-in to Mother nature. pic.twitter.com/ljRytxwpf7
Syrian Government, Rebels Meet for Talks in Kazakhstan
Representatives of the Syrian government and rebel groups are meeting in Astana, the Kazakh capital, for the first time in more than a year for talks on ways to end the more than five-year-long civil war. Russian, Turkish, and Iranian officials are also attending; the three countries brokered a cease-fire between the fighting factions December 30. Bashar Ja’afari, Syria’s ambassador to the UN, and military officials are representing the government of President Bashar al-Assad. Mohammad Alloush of the Army of Islam is leading the rebel delegation. Talks are scheduled to continue until Tuesday.
The Trump Administration's War of Words With the Media
President Trump was inaugurated in Washington, D.C., Friday. A day later, a women’s march in the city, and others across the country and the world, vowed to oppose some of the Trump administration’s policies. Photographs from both events, coupled with crowd estimates, suggested more people turned out to the march in Washington than the inauguration. Trump and his aides apparently disagreed. At an appearance Saturday before the CIA, the president railed against the media, calling it “dishonest.” Later, Sean Spicer, the White House spokesman, repeated those claims, adding: “This was the largest audience ever to witness an inauguration, period, both in person and around the globe”—a demonstrably false claim. On Sunday, Kellyanne Conway, Trump’s counselor, went on NBC’s Meet the Press, and countered the view Spicer was lying, adding “our press secretary gave alternative facts to that.” When Chuck Todd, the show’s host, asked Conway why Spicer had said something that was clearly not true, she replied: “If we're going to keep referring to the press secretary in those types of terms, I think we're going to have to rethink our relationship here.” Trump himself initially criticized Saturday’s protest march, saying on Twitter he “was under the impression that we just had an election! Why didn't these people vote?” He later tweeted out a more conciliatory message:
Peaceful protests are a hallmark of our democracy. Even if I don't always agree, I recognize the rights of people to express their views.
Every time the president ramps up his violent rhetoric, every time he fires up Twitter to launch another broadside against me, my family and I see a surge of vicious attacks sent our way.
When I put my hand on the Bible at my inauguration, it did not occur to me that less than two years later, I would have to tell my daughters about a plot against me. But earlier this month, I learned that a multistate terrorist group was planning to kidnap and possibly kill me. Law-enforcement announced charges against 14 people as part of the plot. As jarring as that was, just over a week later, President Donald Trump traveled to Michigan, and when a crowd chanted “Lock her up” after he mentioned me, he said, “Lock them all up.”
I am not surprised. I have watched the president wedge a deeper divide in our country; refuse to denounce white supremacists on a national debate stage; and launch cruel, adolescent attacks on women like Senator Kamala Harris and public-health leaders like Anthony Fauci. And while I won’t let anything distract me from doing my job as governor, I will not stand back and let the president, or anyone else, put my colleagues and fellow Americans in danger without holding him accountable.
States and cities struggling through the pandemic recession are wondering if higher taxes will raise revenue, or cause a mass exodus.
Cities and states across the country are facing a conundrum: They are desperate for cash because of the ravages of the COVID-19 recession. Rich people are pretty much the only ones who have any, because of both the recession and the yawning inequality that long predated it. But if cities and states raise taxes on the 1 percent, they worry that rich families might simply leave, no longer bound to their offices or their children’s schools. The conundrum is real, and the solution is easy enough: Let the federal government help states and cities circumvent the whole issue.
The pandemic recession has battered local coffers, causing revenue losses of an estimated $155 billion in 2020 and $167 billion in 2021, about 6 percent of local revenue. New York alone is projecting a $59 billion shortfall through 2022. The federal government could easily finance those kinds of deficits by issuing bonds. But doing so is harder for local governments, which generally have to keep their budgets balanced and often have limits on their borrowing. When big recessions hit, and the COVID-19 recession is a huge one, many of them have no choice but to raise revenue or cut services.
America won the internet, and now makes us all speak its language.
LONDON—Sharing the internet with America is like sharing your living room with a rhinoceros. It’s huge, it’s right there, and whatever it’s doing now, you sure as hell know about it.
This month, Twitter announced that it would restrict retweets for a few weeks, and prompt its users to reconsider sharing content which has been flagged as misinformation. The reason for this change, of course, is the U.S. presidential election. The restricted features will be restored when its result is clear.
Anything that makes Twitter fractionally less hellish is welcome, as is the recent crackdown by Facebook and YouTube on QAnon conspiracy groups and Holocaust denial. But from anywhere outside the borders of the U.S., it is hard not to feel faintly aggrieved when reading this news. Hey guys! We have elections too!
The Constitution should be the sturdy vessel of our ideals and aspirations, not a derelict sailing ship locked in the ice of a world far from our own.
During her confirmation hearings, Amy Coney Barrett argued that the judicial philosophy known as “originalism” should guide judges in their interpretation and application of constitutional principles. Most famously associated with the late Justice Antonin Scalia (for whom Judge Barrett clerked), this idea sounds simple and sensible: In determining what the Constitution permits, a judge must first look to the plain meaning of the text, and if that isn’t clear, then apply what was in the minds of the 55 men who wrote it in 1787. Period. Anything else is “judicial lawmaking.”
In some cases, interpreting the Constitution with an originalist lens is pretty easy; for example, the Constitution says that the president must be at least 35 years old (“35” means, well, 35), that each state has two senators (not three and not one), and that Congress is authorized to establish and support an Army and a Navy. But wait a minute. What about the Air Force? Is it mentioned in the text? Nope. Is there any ambiguity in the text? Again, no. It doesn’t say “armed forces”; it explicitly says “Army” and “Navy.” Did the Framers have in mind the Air Force 115 years before the Wright brothers? Not likely.
Republicans understand that Barrett’s confirmation is coming just a week before a potential electoral “bloodbath.” They don’t care.
Senate Republicans were always going to confirm Amy Coney Barrett to a lifetime appointment on the Supreme Court. Conservative voters wanted it, and the party united around the concept. Republicans “believe voting on this justice is a constitutional duty. The nomination happened. There was time to get it done. So they got it done,” Steven Duffield, a Republican former senior Senate aide, told me. Even the highest-ranking Republican leaders aren’t shy about admitting that this may be the party’s last gasp before losing political power for a while. “A lot of what we’ve done over the last four years will be undone sooner or later by the next election,” Republican Senate Majority Leader Mitch McConnell said during a speech yesterday. The Democrats “won’t be able to do much about this for a long time to come.”
Our persuasion rate is much higher than that of traditional electioneering efforts.
Last year, before the pandemic, I stood on the front porch of a house near Harrisburg, Pennsylvania, while the homeowner, a former military man, heaved pro-Trump talking points at me. His anger was palpable. He was upset about the state of health care. He blamed immigrants. With a clipboard in my hand, I listened carefully to everything he had to say.
I am the director of People’s Action, an organization of working-class and low-income people. I was in Pennsylvania as part of deep-canvass efforts targeting rural and small-town voters, testing whether patient, nonjudgmental conversations about race, immigration, health care, and the economy can help people reexamine their views, and perhaps even lead them to vote for Joe Biden instead of Donald Trump.
The pandemic has broken Americans’ understanding of what to fear.
On a normal day, the White House is one of the safest buildings in the world. Secret Service snipers stand guard on the roof, their aim tested monthly to ensure their accuracy up to 1,000 feet. Their heavily armed colleagues patrol the ground below and staff security checkpoints. Belgian Malinois guard dogs lie in wait for anyone who manages to jump the property’s massive iron fence.
But safety means something different in a pandemic. Over the past few days, several aides to Vice President Mike Pence, including his chief of staff, have tested positive for the coronavirus. The outbreak is the second in the White House in a month, after dozens of people, including President Donald Trump himself, tested positive following the apparent super-spreader event hosted by the administration to celebrate the Supreme Court nominee Amy Coney Barrett.
“Our boyfriends, our significant others, and our husbands are supposed to be No. 1. Our worlds are backward.”
Kami West had been dating her current boyfriend for a few weeks when she told him that he was outranked by her best friend. West knew her boyfriend had caught snatches of her daily calls with Kate Tillotson, which she often placed on speaker mode. But she figured that he, like the men she’d dated before, didn’t quite grasp the nature of their friendship. West explained to him, “I need you to know that she’s not going anywhere. She is my No. 1.” Tillotson was there before him, and, West told him, “she will be there after you. And if you think at any point that this isn’t going to be my No. 1, you’re wrong.”
If West’s comments sound blunt, it’s because she was determined not to repeat a distressing experience from her mid-20s. Her boyfriend at that time had sensed that he wasn’t her top priority. In what West saw as an attempt to keep her away from her friend, he disparaged Tillotson, calling her a slut and a bad influence. After the relationship ended, West, 31, vowed to never let another man strain her friendship. She decided that any future romantic partners would have to adapt to her friendship with Tillotson, rather than the other way around.
An overlooked corner of the Constitution hints at a right to be protected from infection.
Ever since state governors began implementing stay-at-home orders to contain the coronavirus pandemic, protesters have resisted such safety measures under the belief that they violate constitutionally guaranteed liberties. Proposals to mandate mask wearing have collided with allegations of First Amendment violations. Orders to close gun stores have clashed with concerns about Second Amendment freedoms. But a profound historical counter-vision to these ideas about “individual liberty” can be found in one of the most neglected and underappreciated corners of the Bill of Rights: the Third Amendment.
“No soldier,” the amendment reads, “shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” Federal courts have rarely invoked it, and in 2015 even rejected a Third Amendment claim against police officers’ occupation of a house. Now the subject of memes, the amendment, in the words of the legal historian Morton Horwitz, is an “interesting study in constitutional obsolescence.”
If you hate wokeness, you should vote for Joe Biden.
A number of influential commentators who firmly opposed Donald Trump in 2016 recently announced their intention to vote for him in 2020. Nearly all of them, including James Lindsay, Danielle Pletka, and Ben Shapiro, blamed illiberalism on the left. As Shapiro said on his popular show, he is planning to vote for Trump because “Democrats have lost their fucking minds.”