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      How to Reform the Presidency After the Wreckage of Trump

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      AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyHow to Reform the Presidency After the Wreckage of TrumpOur post-Watergate laws and practices for the presidency need revamping.Bob Bauer and Mr. Bauer served as White House counsel to President Obama and as senior adviser for the Biden campaign. Mr. Goldsmith served in the George W. Bush administration as an assistant attorney general and as special counsel to the Department of Defense. They are the authors of “After Trump: Reconstructing the Presidency.”Dec. 18, 2020, 5:00 a.m. ETCredit…Damon Winter/The New York TimesNow that Donald Trump’s time in the White House is ending, an urgent task is the reform of the presidency that for four years he sought to shape in his image and to run in his personal and political self-interest. What the those years have shown is that the array of laws and norms that arose after Watergate and Vietnam requires an overhaul.Any program for reform of the presidency must give precedence to our health and economic crises. It must also acknowledge political realities. Some reforms can be carried out by the executive branch, but others require legislation. Those must attract at least modest bipartisan support in the Senate.With these constraints in mind, an agenda for reform of the presidency could realistically reflect the following priorities:Executive Branch ReformsThese reforms should focus on restoring the integrity of the rule of law, especially to check presidential interventions in law enforcement for self-protection or to harm political enemies. The Constitution vests executive law enforcement power in the president, so the executive branch must institute most of these reforms. Internal branch reforms lack legal enforceability but can establish or reinforce guardrails that constrain even norm-breaking presidencies, especially by influencing presidential subordinates.Because President Trump defied them regularly, and sometimes his Justice Department did, too, there’s a lot of skepticism about norms. But actually norms succeeded more in checking him than has been appreciated — for example, in ensuring that Robert Mueller, despite Mr. Trump’s opposition, could complete his inquiry; in protecting federal prosecutors in New York in any investigation of matters related to Mr. Trump; and in preventing the Justice Department from carrying out the president’s desire to prosecute his enemies.Reforms should include sharpening Justice Department regulations against political bias in law enforcement; extending to the attorney general the department norms against interfering in investigations; clarifying the rules for investigations of presidents and presidential campaigns to protect against the political impact of investigative steps or announcements, like actions taken close to an election; and changing the regulations so that a special counsel possesses enhanced independence from the attorney general and can report to Congress and American people the facts of any credible allegations of criminal conduct against a president or senior executive branch official.Congressional ReformsCongress should by statute supplement the executive reforms. Three should have broad public support and should be easier for Republican legislators to vote for once Mr. Trump is out of office.First, Congress should transform into law the anti-corruption norms of presidential behavior that have long been accepted by both parties but were flouted by Mr. Trump. That would include requiring presidents and presidential candidates to make a timely disclosure of their tax returns. It should also bar the president, under threat of criminal penalty, from any role in the oversight of any business; ban presidential blind trusts, which in this context are inconsistent with core concepts of transparency and accountability; and establish procedures for Congress to police the “emoluments” the president would receive from foreign states.Second, Congress should expressly bar presidents from obstructing justice for self-protection, protection of family members and to interfere in elections. It should also make it a crime for a president to offer a pardon in exchange for bribes, including clemency granted for silence or corrupt action in a legal proceeding.Third, Congress must upgrade legal protections against foreign electoral interference, a concern for both the American people and the U.S. intelligence community. Congress should require campaigns to report to the F.B.I. any contacts from foreign states offering campaign support or assistance. And to clarify that foreign governments cannot offer, and presidential campaigns cannot solicit or receive, anything of value to a campaign, like opposition research, it must criminalize any mutual aid agreements between presidential campaigns and foreign governments.One sharp conflict between the executive and legislative branches needs an urgent fix and is ripe for a deal: the regulation of executive branch vacancies. Many presidential administrations — the Trump administration more aggressively than others — have circumvented the Senate confirmation process for top executive branch appointments by making unilateral temporary appointments.These tactics exploited loopholes in federal vacancies law. Compounding this problem is that the number of Senate-confirmed executive branch positions has grown (it is now around 1,200), and the Senate in recent decades has become more aggressive in using holds and filibusters to block or delay confirmation. Congress should significantly reduce the number of executive positions requiring confirmation in exchange for substantially narrowed presidential discretion to make temporary appointments.The strength of a presidency is measured by its capacity for effective executive leadership. Mr. Trump’s record of feckless leadership was closely related to his unrelenting efforts to defy or destroy constraining institutions. The reforms proposed here would enhance the institutional constraints that legitimate the president’s vast powers.They would thus serve the twin aims of ensuring that the “energy in the executive” that Alexander Hamilton defined as “a leading character in the definition of good government” is nonetheless embedded, as the historian Arthur Schlesinger Jr. rightly insisted, in a “system of accountability that checks the abuse of executive power.”Bob Bauer, a senior adviser for the Biden campaign and a professor of practice and distinguished scholar in residence at New York University School of Law, and Jack Goldsmith (@jacklgoldsmith), a law professor at Harvard, a senior fellow at the Hoover Institution and a former assistant attorney general in the George W. Bush administration, are the authors of “After Trump: Reconstructing the Presidency.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More

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      Thank the Supreme Court, for Now

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      AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyThank the Supreme Court, for NowThe justices did the right thing by declining to hear the case brought by red states to overturn the election results. But let’s see what happens down the road.Contributing Opinion WriterDec. 17, 2020Credit…Damon Winter/The New York TimesThe Supreme Court was never going to hear, let alone grant, the request by red-state attorneys general and the White House to overturn the election results in four battleground states that went for Joe Biden. We knew that, we privileged few who could have offered an inventory of the lawsuit’s flaws while standing on one foot. We had not the slightest doubt that the case was a non-starter.Or did we?I spent much of last week, nearly up to the moment on Friday night when the court tossed the Texas case into history’s garbage bin, assuring friends and strangers alike that Texas v. Pennsylvania had no merit whatsoever. Texas had no business invoking the court’s original jurisdiction — seeking to come directly to the Supreme Court and bypassing the lower courts — in order to complain directly to the justices about other states’ election processes. The justices, I added, would never permit themselves to be drawn into such a sorry charade.Many people who emailed me with their questions knew little about the Supreme Court and its jurisdictional quirks, but some were lawyers or avid court-followers who know a lot. Their anxiety was a measure of how much of what we once took for granted has been upended during these past four years. I confess that by the end of the week, the tiniest shadow of doubt had invaded my own mind. And no wonder: The usual inference that even young children are able to draw from experience — “This has never happened before so it’s very unlikely to be happening now” — has proved of dubious utility. We can know all the facts and all the rules, but still, we can’t be sure.In the aftermath, with the electoral votes counted and the justices off on their four-week winter recess, what more is there to say about the justices’ refusal to grant the Trump team and its statehouse enablers their day in court? It’s easy to understand why the response offered by Michigan’s attorney general, Dana Nessel, became the go-to quote in many accounts of the week’s denouement. The court, she said, delivered “an important reminder that we are a nation of laws, and though some may bend to the desire of a single individual, the courts may not.”It’s a comforting thought, one that we needed to hear and yearn to believe. But I think it gives the court too much credit. Texas v. Pennsylvania had the form of a Supreme Court case. But it was a Potemkin village of a case, with the proper Gothic typeface on the front cover but nothing inside that resembled sound legal argument. It’s as if someone filed a case asking the court to exercise its original jurisdiction and declare the moon to be made of green cheese. We would hardly pat the justices on the back for tossing out such a case. More likely, we would shrug and say, “There goes another nut case.”The court receives its share of those among the 6,000 petitions that it whittles down every year to the 65 or so accepted for decision. Of course, those cases don’t arrive, as this one did, with the support of 126 of the 196 Republican members of the House of Representatives. The fact that members of Congress are sometimes called “lawmakers” does not, evidently, bestow on them an actual regard for law.And celebrating the court for its restraint in the election cases may be premature. The 2020-21 term, nearly three months in, is still unfolding. We have yet to learn either the fate of the Affordable Care Act or how much further the court will go to elevate religion over the principle of nondiscrimination, the question presented in a case from Philadelphia. Both cases were argued last month, during the court’s first argument sitting since the arrival of the newest justice, Amy Coney Barrett.The country has learned a bit recently about the court’s original jurisdiction — its power to decide without appellate review certain disputes, including between states — something most lawyers never learn much about, let alone encounter. The last time a so-called original case received this much public notice was probably in 1998, when the court gave New Jersey administrative jurisdiction over nearly all of Ellis Island, the immigrant gateway in New York Harbor that New York had long claimed as its own.The one or two such cases the court decides in a typical year have a certain charm despite their obscurity. This week, for example, the justices decided an original case between New Mexico and Texas. The case, decided in New Mexico’s favor, involved the latest chapter in a long-running dispute over rights to water from the Pecos River. As in most original cases, the court had appointed a special master to look into the problem and recommend how to solve it. Justice Brett Kavanaugh noted in his majority opinion that the special master — the “river master” in this instance — was appointed in 1988 “and he continues to serve in that position” 32 years later. The wheels of the court’s original jurisdiction usually turn very slowly.A new original case on the court’s docket is not likely to remain obscure for long. It promises, if the court accepts it, to bring the justices into culture-war territory. Last February, Texas sued California directly in the Supreme Court over a law California passed in 2016 that prohibits state-paid travel to states with laws that permit discrimination against L.G.B.T.Q. individuals.Texas has a law that permits child-welfare agencies to invoke religious reasons for not placing children with same-sex couples for foster care or adoption. Once Texas enacted that law in 2017, California added Texas to the list of states, now numbering 11, to which it will not subsidize travel by its employees. Texas claims that its sovereignty is violated by California’s policy. California argues in response that its own sovereign interest against subsidizing discrimination is at stake.In June, the justices took the somewhat surprising step of asking the Trump administration for the federal government’s view on the dispute. Early this month, the Office of the Solicitor General filed the government’s brief, urging the court to accept the case and noting that “resolving such conflicts among sovereigns falls within the core of this court’s original and exclusive jurisdiction.” The court will probably announce early in the new year whether it will assume jurisdiction.I’ll end this column with a shout-out to a federal judge who really did stand up for the rule of law in an opinion last week. The question concerns abortion, and whether, given the conditions of the Covid-19 pandemic, the Food and Drug Administration should relax its rule requiring women to visit their doctor’s office in order to get the medication that causes an early abortion. The F.D.A. has suspended the in-person rule for some other medications, but refused requests from medical organizations to do the same for the abortion drug mifepristone.In July, Federal District Judge Theodore Chuang, who sits in Greenbelt, Md., issued an injunction requiring the agency to permit doctors, for the duration of the pandemic, to mail or deliver the medication. In October, the Supreme Court responded to the Trump administration’s request for a stay of the injunction by sending the case back to Judge Chuang, telling him to permit the government to argue among other points, that improvements in the Covid-19 situation since the spring meant that visiting a doctor’s office was no longer a sufficient obstacle to merit relaxing the rule for mifepristone.After receiving the administration’s brief to that effect, Judge Chuang issued a 34-page opinion explaining that while conditions have indeed changed, they have changed for the worse. Noting that the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration have warned about the increasing intensity of the pandemic, he observed that the administration “has offered no expert opinions from a scientist at one of these agencies or elsewhere in the federal government to contradict the facts and conclusions” about the rising danger.“The fact that individuals are permitted to venture out during a pandemic to restaurants or businesses does not establish that women should be mandated to risk exposure to Covid-19 in order to exercise a constitutional right,” the judge wrote. Of course, the Trump administration promptly returned to the court this week seeking a stay of Judge Chuang’s decision.So yes, let’s give credit where credit is due. Let’s thank the courts — plural — for upholding the rule of law. Let’s celebrate the judges who were there when we needed them. We still do.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More

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      Will the 2020 Election Ever End?

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      Buttigieg Recalls Discrimination Against Gay People, as Biden Celebrates Cabinet’s Diversity

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      #masthead-section-label, #masthead-bar-one { display: none }The Presidential TransitionliveLatest UpdatesElectoral College ResultsBiden’s CabinetInaugural DonationsAdvertisementContinue reading the main storySupported byContinue reading the main storyButtigieg Recalls Discrimination Against Gay People, as Biden Celebrates Cabinet’s DiversityPete Buttigieg would be the first openly gay cabinet secretary, one of the firsts that President-elect Joe Biden cited in introducing him as his transportation secretary.Pete Buttigieg, President-elect Joseph R. Biden Jr.’s nominee for transportation secretary, spoke on Wednesday in Wilmington, Del., of his own “personal love of transportation ever since childhood.”Credit…Pool photo by Kevin LamarqueMichael D. Shear and Published More

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      Biden’s Inaugural Will Be Mostly Virtual, but Money From Donors Will Be Real

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      #masthead-section-label, #masthead-bar-one { display: none }The Presidential TransitionliveLatest UpdatesElectoral College ResultsBiden’s CabinetInaugural DonationsAdvertisementContinue reading the main storySupported byContinue reading the main storyBiden’s Inaugural Will Be Mostly Virtual, but Money From Donors Will Be RealThe president-elect’s allies have begun an ambitious fund-raising campaign for the celebration of his swearing-in. Big donors will get “virtual signed photos” — and a chance to generate good will.President-elect Joseph R. Biden Jr.’s inauguration will be mostly virtual, with in-person events scaled back because of the coronavirus pandemic.Credit…Erin Schaff/The New York TimesKenneth P. Vogel and Dec. 16, 2020WASHINGTON — President-elect Joseph R. Biden Jr.’s allies have begun an ambitious campaign to raise millions of dollars from corporations and individuals by offering special “V.I.P. participation” in reimagined inaugural festivities that will be largely virtual because of the coronavirus pandemic.Far fewer tickets than normal are being distributed for people to attend the actual swearing-in ceremony outside the Capitol on Jan. 20, which is organized and funded by the government.To create an air of celebration, Mr. Biden’s inaugural committee said it was raising private funds to pay for virtual events that will echo the Democratic convention this year, which featured a 50-state roll call from spots around the nation. There are also plans for a “virtual concert” with major performers whose names have not yet been released — and possibly for an in-person event later in the year.The contrast between the constraints of putting on inaugural festivities in the midst of a public health crisis and fund-raising as usual underscores how donations to an inaugural are not just about getting good seats for the swearing-in or tickets to the glitziest black-tie balls. They are also a way for corporations and well-heeled individuals to curry favor with a new administration, a reality that prompted liberal groups on Wednesday to ask Mr. Biden’s inaugural committee to forgo corporate donations.President Trump’s inauguration nearly four years ago took the practice to a new level. It became an access-peddling bazaar of sorts, and aspects of its record fund-raising and spending emerged as the subjects of investigations.Mr. Biden’s inaugural committee is promising corporations that give up to $1 million and individuals who contribute $500,000 — the largest amounts the committee said it would accept — some form of “V.I.P. participation” in the virtual concert.This special access is among the perks detailed on a one-page sponsorship menu from the committee that circulated among donors on Wednesday. Perks include “event sponsorship opportunities,” as well as access to virtual briefings with leaders of the inaugural committee and campaign, and invitations to virtual events with Mr. Biden and Jill Biden, the future first lady, and Vice President-elect Kamala Harris and her husband, Doug Emhoff.Top donors will also get a fitting memento for the coronavirus era — “virtual signed photos” with the president-elect and the first lady, as well as Ms. Harris and her husband, replacing the traditional in-person rope-line photo opportunities for which donors usually pay handsomely at fund-raisers and other political events.Incoming presidents have long raised private funds to organize and pay for inaugural festivities beyond the swearing-in ceremony, which is hosted by the Joint Congressional Committee on Inaugural Ceremonies and funded with taxpayer money.Top donors typically get intimate in-person access at parties and dinners to celebrate with members of an incoming president’s campaign and administration.Among the corporate giants who have indicated they are ready to donate despite the lack of in-person events is Boeing, the aerospace manufacturer and military contractor. The company is contributing $1 million to Mr. Biden’s inauguration, an amount it said is consistent with its past contributions to inaugural committees. Representatives from Bank of America and Ford Motor Company also said their companies intended to donate.“We have supported inauguration events over many administrations on a nonpartisan basis because we view it as part of our civic commitment for an important national event,” Bill Halldin, a spokesman for Bank of America, said in a statement. “The private sector has traditionally done so and we expect to provide support for ceremonies in January as appropriate, given the health crisis and other factors that may impact it.”A number of corporations that have been major donors to past presidential inaugurations — like Coca-Cola, Google and United Parcel Service — said this week that they still had not decided how much, or whether, to donate, though Google noted it had provided “online security protections for free” to the inaugural committee.“As you know this is a very different year and as such we have not yet made a decision,” Ann Moore, a spokeswoman for Coca-Cola, said in a statement.A spokeswoman for the investment bank JPMorgan Chase, which has donated to past inaugurations, said that instead of giving to Mr. Biden’s committee, it would be donating to food banks in Washington and the hometowns of Mr. Biden (Wilmington, Del.) and Ms. Harris (Oakland, Calif.) “to help those impacted by the pandemic.”The Presidential TransitionLatest UpdatesUpdated Dec. 17, 2020, 10:00 a.m. ETHere’s a look at the economy Biden will inherit next month.Dominion demands that Sidney Powell retract ‘baseless and false allegations’ about voting machines.Pence will be vaccinated publicly on Friday, the White House says.An inauguration spokesman would not say how much had already been raised, or what the fund-raising goal was.Funds raised for inaugurations cannot be transferred to federal campaigns or party committees. Past inaugural committees have donated unspent funds to charities including those engaged in disaster relief, as well as groups involved in decorating and maintaining the White House and the vice president’s residence.The effort by Mr. Biden’s inaugural committee to raise funds from corporate donors prompted puzzlement and objections from liberal activists, who have expressed concern about what they see as the Biden team’s coziness with corporate interests.A coalition of about 50 liberal groups released a letter to the inaugural committee on Wednesday urging it to forgo donations from corporations to prevent them “from wielding undue influence,” and questioning the need for such donations, given the likelihood that Mr. Biden’s inauguration would cost less than previous inaugurations.“The drive to raise so much money without a clear use for it is perplexing, and the appearance of doing so is disconcerting,” said the letter, which was organized by Demand Progress, a group that has also urged Mr. Biden not to hire corporate executives and consultants or lobbyists.Federal law does not require the disclosure of donations to inaugural committees until 90 days after the event, and limited disclosures about expenditures are not required until months after that. But the Biden inaugural committee said it intends to disclose the names of at least its larger donors before Jan. 20.There are no legal limits on the sizes of donations that inaugural committees can accept, and there are few restrictions on who can give.Mr. Biden’s inaugural committee announced last month that it would voluntarily forgo donations from fossil fuel companies, registered lobbyists and foreign agents, in addition to limiting corporate donations to $1 million and individual donations to $500,000.Those restrictions are less stringent than the ones adopted by former President Barack Obama for his 2009 inauguration. His inaugural committee refused corporate donations and said it limited individual donations to $50,000, though he loosened the rules for his second inauguration in 2013.While Mr. Trump’s team said it would not accept contributions from lobbyists for his 2017 inauguration, its fund-raising was otherwise mostly unrestricted, resulting in a record $107 million haul.The Biden team has so far released few specifics regarding plans for the inauguration, other than a statement on Tuesday urging people not to travel to Washington to attend the event given the pandemic and noting that the “ceremony’s footprint will be extremely limited.”In an expression of just how unusual the event will be, the Biden inaugural committee named Dr. David Kessler, a former Food and Drug Administration commissioner, as an adviser to help with decisions on what kinds of events it can hold.“We are asking Americans to participate in inaugural events from home to protect themselves, their families, friends and communities,” Dr. Kessler said in a statement.In a typical inauguration year, a congressional committee that organizes the swearing-in ceremony typically distributes 200,000 tickets to lawmakers for seats on the platform, risers and seating close to the West Front of the Capitol, which are then distributed to constituents and friends who want to attend.But this year, the committee announced it would give just two tickets to the outdoor festivities to each of the 535 members of Congress, for them and a guest to attend.Beyond this event, it is largely up to the Biden inauguration committee, where officials have said in recent days they are still working to “reimagine” and “reinvent” the inauguration.There will still be some kind of an inauguration parade, but it will be considerably pared down and will most likely feature video or live shots of groups performing from spots across the country.The inaugural committee this week disclosed that it had retained Ricky Kirshner, a New York-based entertainment industry television and events producer. His past experience includes the Super Bowl halftime show this year that featured Shakira and Jennifer Lopez, as well as past Tony Awards and Kennedy Center Honors events, and the largely virtual 2020 Democratic National Convention, among many other events.Major donors will also get “V.I.P. tickets” to some kind of future event to celebrate the start of the new administration in person, according to the one-page menu of donor perks.But given the continued uncertainty associated with the pandemic, that event is listed as “date to be determined.”Nicholas Fandos contributed reporting.AdvertisementContinue reading the main story More

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      Mitch McConnell’s Motive: Self-Interest

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      AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storylettersMitch McConnell’s Motive: Self-InterestA reader writes that the majority leader acknowledged Joe Biden’s victory to ensure his hold on power. Also: A simple inauguration for Joe Biden; a CD collection to savor.Dec. 16, 2020More from our inbox:Biden’s Inauguration: Keep It SimpleMy CDs Tell a Life Story  Credit…Pool photo by Caroline BrehmanTo the Editor:Re “Senate Leader Seeks to Avoid Vote Challenge” (front page, Dec. 16):For the sake of this nation and its great experiment in democracy, I am elated by Tuesday’s acknowledgment by Mitch McConnell, the Senate majority leader, of Joe Biden’s legitimate win and his status as our president-elect.Yet Americans must not be fooled by what just happened. The senator from Kentucky acted in complete and utter self-interest.Had Donald Trump succeeded in delegitimizing the presidential election or in simply maintaining his sham with active or tacit congressional support, our entire democracy and its foundational system of elections by the people would be forever called into question, including the status going forward of every newly elected or re-elected senator and representative.Do not misunderstand where Mitch McConnell’s loyalty ultimately lies. It is to power itself and his own and his party’s hold on it.Marian CohnNew YorkBiden’s Inauguration: Keep It Simple  Credit…Anna Moneymaker for The New York TimesTo the Editor:On Jan. 20, 1945, Franklin Roosevelt “dispensed with the traditional ceremony on the Capitol steps, as well as the marching bands, fancy floats and hundreds of thousands of guests” and took the oath of office at the White House to start his fourth term, Doris Kearns Goodwin writes in her book “No Ordinary Time.” The war was far from won. It was a time of crisis.Joe Biden, assuming the presidency amid another crisis, should do likewise. America does not need another mass gathering, another superspreader event. Let Mr. Biden take office quietly with the nation his witness via television. A quiet inauguration will be a signal of a new era, a meaningful start to a united effort to combat the coronavirus and revive the economy it has shattered.Donald Trump need not attend.Mike FeinsilberWashingtonTo the Editor:Unfortunately, when the inauguration takes place, Covid-19 will still be with us. I suggest that President-elect Joe Biden start bragging about the smallest Inauguration Day crowd ever.Ira CureBrooklynMy CDs Tell a Life Story Credit…Javier JaénTo the Editor:“My CDs Aren’t Going Anywhere,” by Anthony Tommasini (Critic’s Notebook, Dec. 10), reminded me of how meaningful collecting CDs has been to me. I always seem to remember when and why I bought every CD I own and exactly where they live on my shelves. They are deeply personal time-markers and carry stories that transcend the music itself.I have some signed by my favorite artists. There are CDs I bought for my birthday or to listen to at Christmastime. Others I bought because I was learning a piece of music and needed a good reference or just because the music seemed interesting.I hope that CDs never disappear. They conjure old memories and the expectation of new ones. I will keep buying them at every opportunity.Jose Luis HernandezTulsa, Okla.AdvertisementContinue reading the main story More

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      ‘Like a Hand Grasping’: Trump Appointees Describe the Crushing of the C.D.C.

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      #masthead-section-label, #masthead-bar-one { display: none }The Coronavirus OutbreakliveLatest UpdatesMaps and CasesThe Latest Vaccine InformationU.S. Deaths Surpass 300,000F.A.Q.AdvertisementContinue reading the main storySupported byContinue reading the main story‘Like a Hand Grasping’: Trump Appointees Describe the Crushing of the C.D.C.Kyle McGowan, a former chief of staff at the Centers for Disease Control and Prevention, and his deputy, Amanda Campbell, go public on the Trump administration’s manipulation of the agency.“Every time that the science clashed with the messaging, messaging won,” said Kyle McGowan, a former chief of staff of the Centers for Disease Control and Prevention.Credit…Audra Melton for The New York TimesDec. 16, 2020Updated 9:36 a.m. ETATLANTA — Kyle McGowan, a former chief of staff at the Centers for Disease Control and Prevention, and his deputy, Amanda Campbell, were installed in 2018 as two of the youngest political appointees in the history of the world’s premier public health agency, young Republicans returning to their native Georgia to dream jobs.But what they witnessed during the coronavirus pandemic this year in the C.D.C.’s leadership suite on the 12-floor headquarters here shook them: Washington’s dismissal of science, the White House’s slow suffocation of the agency’s voice, the meddling in its messages and the siphoning of its budget.In a series of interviews, the pair has decided to go public with their disillusionment: what went wrong, and what they believe needs to be done as the agency girds for what could be a yearslong project of rebuilding its credibility externally while easing ill feelings and self-doubt internally.“Everyone wants to describe the day that the light switch flipped and the C.D.C. was sidelined. It didn’t happen that way,” Mr. McGowan said. “It was more of like a hand grasping something, and it slowly closes, closes, closes, closes until you realize that, middle of the summer, it has a complete grasp on everything at the C.D.C.”Last week, the editor in chief of the C.D.C.’s flagship weekly disease outbreak reports — once considered untouchable — told House Democrats investigating political interference in the agency’s work that she was ordered to destroy an email showing Trump appointees attempting to meddle with their publication.The same day, the outlines of the C.D.C.’s future took more shape when President-elect Joseph R. Biden Jr. announced a slate of health nominees, including Dr. Rochelle Walensky, the chief of infectious diseases at Massachusetts General Hospital, as the agency’s new director, a move generally greeted with enthusiasm by public health experts.“We are ready to combat this virus with science and facts,” she wrote on Twitter.Mr. McGowan and Ms. Campbell — who joined the C.D.C. in their early 30s, then left together in August — said that mantra was what was most needed after a brutal year that left the agency’s authority crippled.In November, Mr. McGowan held conversations with Biden transition officials reviewing the agency’s response to the pandemic, where he said he was candid about its failures. Among the initiatives he encouraged the new administration to plan for: reviving regular — if not daily — news briefings featuring the agency’s scientists.Mr. McGowan and Ms. Campbell, both 34, say they tried to protect their colleagues against political meddling from the White House and Department of Health and Human Services. But an agency created to protect the nation against a public health catastrophe like the coronavirus was largely stifled by the Trump administration.The White House insisted on reviewing — and often softening — the C.D.C.’s closely guarded coronavirus guidance documents, the most prominent public expression of its latest research and scientific consensus on the spread of the virus. The documents were vetted not only by the White House’s coronavirus task force but by what felt to the agency’s employees like an endless loop of political appointees across Washington.Mr. McGowan recalled a White House fixated on the economic implications of public health. He and Dr. Robert R. Redfield, the C.D.C. director, negotiated with Russell T. Vought, the White House budget director, over social distancing guidelines for restaurants, as Mr. Vought argued that specific spacing recommendations would be too onerous for businesses to enforce.“It is not the C.D.C.’s role to determine the economic viability of a guidance document,” Mr. McGowan said.They compromised anyway, recommending social distancing without a reference to the typical six-foot measurement.One of Ms. Campbell’s responsibilities was helping secure approval for the agency’s Morbidity and Mortality Weekly Reports, a widely followed and otherwise apolitical guide on infectious disease renowned in the medical community. Over the summer, political appointees at the health department repeatedly asked C.D.C. officials to revise, delay and even scuttle drafts they thought could be viewed, by implication, as criticism of President Trump.“It wasn’t until something was in the M.M.W.R. that was in contradiction to what message the White House and H.H.S. were trying to put forward that they became scrutinized,” Ms. Campbell said.Dr. Tom Frieden, the C.D.C. director under President Barack Obama, said it was typical and “legitimate” to have interagency process for review.“What’s not legitimate is to overrule science,” he said.Often, Mr. McGowan and Ms. Campbell mediated between Dr. Redfield and agency scientists when the White House’s requests and dictates would arrive: edits from Mr. Vought and Kellyanne Conway, the former White House adviser, on choirs and communion in faith communities, or suggestions from Ivanka Trump, the president’s daughter and aide, on schools.“Every time that the science clashed with the messaging, messaging won,” Mr. McGowan said.Episodes of meddling sometimes turned absurd, they said. In the spring, the C.D.C. published an app that allowed Americans to screen themselves for symptoms of Covid-19. But the Trump administration decided to develop a similar tool with Apple. White House officials then demanded that the C.D.C. wipe its app off its website, Mr. McGowan said.Ms. Campbell said that at the pandemic’s outset, she was confident the agency had the best scientists in the world at its disposal, “just like we had in the past.”“What was so different, though, was the political involvement, not only from H.H.S. but then the White House, ultimately, that in so many ways hampered what our scientists were able to do,” she said.Top C.D.C. officials devised workarounds. Instead of posting new guidance for schools and election officials in the spring, they published “updates” to previous guidance that skipped formal review from Washington. That prompted officials in Washington to insist on reviewing updates.Brian Morgenstern, a White House spokesman, said that “all proposed guidelines and regulations with potentially sweeping effects on our economy, society and constitutional freedoms receive appropriate consultation from all stakeholders, including task force doctors, other experts and administration leaders.”A C.D.C. spokesman declined to comment.Mr. McGowan and Ms. Campbell both attended the University of Georgia and saw their C.D.C. positions as homecomings. Mr. McGowan said the two institutions he revered most during his Georgia childhood were the C.D.C. and Coca-Cola.He arrived with a résumé that made the agency’s senior ranks suspicious, he said. Like Ms. Campbell, he worked for former Representative Tom Price, first in his House office, then when he was health secretary under Mr. Trump. When he arrived at the C.D.C., Mr. McGowan told his new colleagues that he was there not to spy on or undermine them, but to support them.Mr. McGowan and Ms. Campbell, who have since opened a health policy consulting firm, said they saw themselves as keepers of the agency’s senior scientists, whose morale had been sapped. Dr. Redfield, whose leadership has been criticized roundly by public health experts and privately by his own scientists, was rarely in Atlanta, consumed by Washington responsibilities.The Coronavirus Outbreak More

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      Biden Rallies Democrats in Georgia

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