january 1868

Here’s the first and most important thing to understand about the crime for which President Trump just pardoned former National Security Adviser Michael Flynn: Flynn did not lie to protect himself. He lied to protect Donald Trump.

At the end of December 2016, Flynn had a series of conversations with Russian Ambassador Sergey Kislyak. A month later, on January 24, 2017, Flynn was asked about those conversations by the FBI agent Peter Strzok.

In the first set of conversations, Flynn urged Kislyak to oppose a United Nations Security Council resolution condemning Israeli settlement activity. The second set occurred a week later, while Flynn was on holiday in the Dominican Republic. There, Flynn sought to convince Kislyak to persuade the Russian government not to retaliate against the United States, over a round of sanctions punishing Russia for intervening in the 2016 election to help Donald Trump.

On Saturday morning, Megan Ranney was about to put on her scrubs when she heard that Joe Biden had won the presidential election. That day, she treated people with COVID-19 while street parties erupted around the country. She was still in the ER in the late evening when Biden and Vice President–elect Kamala Harris made their victory speeches. These days, her shifts at Rhode Island Hospital are long, and they “are not going to change in the next 73 days,” before Biden becomes president, she told me on Monday. Every time Ranney returns to the hospital, there are more COVID-19 patients.

In the months since March, many Americans have habituated to the horrors of the pandemic. They process the election’s ramifications. They plan for the holidays. But health-care workers do not have the luxury of looking away: They’re facing a third pandemic surge that is bigger and broader than the previous two. In the U.S., states now report more people in the hospital with COVID-19 than at any other point this year—and 40 percent more than just two weeks ago.

Two weeks ago, I staged a reluctant intervention via Instagram direct message. The subject was a longtime friend, Josh, who had been sharing photos of himself and his fiancé occasionally dining indoors at restaurants since New York City, where we both live, had reopened them in late September. At first, I hadn’t said anything. Preliminary research suggests that when people congregate indoors, an infected person is almost 20 times more likely to transmit the virus than if they were outside. But restaurants are open legally in New York, and I am not the COVID police. Josh and I had chatted several times in the early months of the pandemic about safety, and I felt sure that he was making an informed decision, even if it wasn’t the one I’d make.

Recently, over the course of just one week, the Houston Health Department received more than 110,000 lab reports of COVID-19 test results. In a city of 2.3 million people, “it’s quite a high volume,” says Beau J. Mitts, the department’s bureau chief. Less than two-thirds of those lab reports flow automatically into the health department’s electronic system, according to Mitts. Another 35 percent arrive in digital form but must be imported into the city’s database, and the remainder arrive via fax.

All over the country, health departments are facing such influxes, and many are struggling to keep pace. The latest surge has earned the terrible distinction of having the highest number of daily cases and hospitalizations since the pandemic began. Now data-reporting delays caused by the Thanksgiving holiday and long weekend may provide a veneer of comfort—a seeming dip in cases—when the actual course of the pandemic in the coming days will almost certainly be much bleaker than the reported numbers show.

As Donald Trump’s tenure in office comes in for its landing, a major question is whether the president—facing questions about liability for offenses including bank and tax fraud—can pardon himself.

This might seem like the right operational question, but it is imprecise as a constitutional one. Article II of the Constitution says that the president “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” Did you catch that? The president has the power not to pardon people, but “to grant … Pardons” (emphasis added). So the question is not whether Trump can pardon himself. It’s whether he can grant himself a pardon.

Garrett Epps: Can Trump pardon himself?