Jun 29, 2021

COVID-19 Update

World
New Cases:   316,908 (⬆︎ .17%)
New Deaths:      6,287 (⬆︎ .16%)

USA
New Cases:   10,754 (⬆︎ .03%)
New Deaths:       187 (⬆︎ .02%)

Yesterday, June 28th, 2021
0 Vaccinated people
and
6.287 Un-Vaccinated people
were killed by COVID-19

179.6 million vaccinated
Including more than 153.8 million people who have been fully vaccinated in the United States.


In the last week, an average of 834.0k doses per day were administered,
a 20% decrease over the week before.




NYT: (pay wall)

Covid Live Updates: Delta Variant Drives New Lockdowns in Asia and Australia

Bangladesh and Malaysia are among the countries scrambling to contain outbreaks as slow vaccination campaigns leave people vulnerable. The W.H.O. is recommending that fully vaccinated people wear masks, in a split with the C.D.C.

Jun 28, 2021

Today's Reddit


Critters are awesome

On Bad Apples


Of course it's always important to keep things in context, and to remember that the anecdote is not the trend.

That said, when the anecdotes pile up to the extent we've seen lately, we have to admit that we've got more than a bushel or two of bad apples. It's just possible that what we've got is a full-blown blight.


For nine minutes and 29 seconds, former Minneapolis police officer Derek Chauvin held his knee on the back of George Floyd’s neck until the life left his body. This occurred while dejected onlookers raised visible frustration for what many correctly perceived to be a murder occurring in broad daylight on a major street. While observing, participating, and standing guard, other police officers seemed to be ok with what was occurring or did not have the courage to intervene to stop it and engage in an appropriate duty of care.

After being convicted of second and third-degree murder as well as manslaughter for the killing of George Floyd, Chauvin was sentenced to 270 months (22 years and 6 months). Chauvin will probably serve two-thirds or 15 years of this sentence. While some may view this chapter of police brutality closed, others know Chauvin is the tip of the iceberg regarding changes needed to improve law enforcement.

The city of Minneapolis paid out $27 million to the Floyd family for his wrongful death days before the start of the Chauvin trial in March. During the less than two week trial, police in the United States killed over 60 people. A person could watch a major league baseball game and a basketball playoff game and come to the realization that police probably killed a person at some point during that time span.

Chauvin’s actions were not isolated. Indeed, he did it previously. Since 2015, Chauvin is on record for kneeling on people’s necks and/or putting them in chokeholds at least six times. Of the people involved in these incidents, two were Black, one was Latino, one was American Indian, and two others were of an unknown race. In 2017, Chauvin kneeled on the back of a 14-year-old Black boy for 17 minutes. These incidents make up a small portion of the over 20 complaints that Chauvin received during his 19-year law enforcement career.

These facts may explain why Eric Nelson, Chauvin’s defense attorney, rambled off a series of “what ifs” during the sentence hearing that Chauvin allegedly stated over the past year. The what ifs focused on whether the officer should not have come in to work that day or not responded to the call. Interestingly, none of Chauvin’s what ifs included what clearly is the most important consideration: what if Chauvin pulled his knee off of Floyd’s neck when he stated he could not breathe?

How could Chauvin get away with this brutality for so long? Why didn’t anyone intervene or stop him? Why wasn’t he reprimanded or even fired? Chauvin was not simply a bad apple, but a bad apple that helped rotten the barrel and poison good apples that could have been, like the two early-career officers who watched him kill Floyd and participated in it. For all the good officers protecting and serving their communities, there are more Chauvins than there should be.

So, how should police departments ensure that officers like Chauvin do not brutalize our communities? Overall, accountability must be increased to ensure that these incidents become nonexistent rather than a regular occurrence. Focusing on duty to intervene legislation, malpractice insurance, and positive police outcomes are central.


Implement state-level duty to report programs

States need to have duty to intervene laws that protect police officers who report bad behavior. Moreover, simply having duty to intervene laws is not enough. Officers who report misconduct need protection from retaliation. I call it GAPP (Good Apples Protection program for law enforcement). This requires state legislatures creating an independent reporting and investigation program at the state level. If it stays local, officers will be less likely to report or more likely to be targeted for reporting. This recently occurred in Prince George’s County, Maryland (one of the 30 largest police departments in the country) when two officers reported that another officer used excessive force. In retaliation, some officers were told not to back up the officers who reported the excessive force. The two reporting officers just happened to be Black.

If there is a state or federal program for officers who report misconduct, officers may be more likely to intervene and report misconduct. The blue wall of silence does not simply exist because officers are loyal to the badge and each other. The blue wall of silence exists because there are consequences to breaching it. This is the same process that happens on streets plagued with violent crime. People who provide information to law enforcement are rarely given immediate protection for that information. Instead, they are further exposed to retaliation. In this regard, the same process of reporting and retaliation that operates in neighborhoods plagued with violent crime also operates in many of our police departments. This is a huge problem and needs to change.

Link law enforcement certification to malpractice insurance

Municipalities need to restructure civilian payouts for police misconduct. Cities and counties need to think through a plan that does not include using funding from general tax revenue to pay for misconduct settlements. While many states and municipalities are waiting to determine what will occur with The George Floyd Justice in Policing Act that aims to absolve qualified immunity for law enforcement, police department insurance policies and individual officer liability insurance may be the key regardless.

Municipalities and states can establish a certification program that requires officers to carry liability insurance. If they have engaged in misconduct, their insurance premium will be higher, just like drivers who are careless or reckless behind the wheel. If officers are unable to obtain liability insurance, they should not be able to obtain certification to work in law enforcement just like a person who is unable to obtain insurance cannot get a license.

Additionally, it is vital for municipalities to carry their own insurance policy on the police department to not simply throw officers under the bus and absolve the organizational structure that helped create the bad apples. This is important because municipalities are spending billions of dollars in misconduct settlements. Some small cities like Inkster, Michigan and large cities like Chicago do not have the funding to cover these misconduct settlements. Consequently, people’s property taxes are increased and cities take out “police brutality bonds” with very high fees and interests to cover these costs.

Replicate departments with low misconduct and low crime

Law enforcement finally needs to start replicating the changes that have taken place in cities like Newark and Camden. Newark police did not shoot a single shot in 2020 and recovered over 500 illegal guns. Camden had fewer shootings in 2020 than it did in 2019, one of the few cities in the country. Part of these positive outcomes are driven by the police department working with community activists to ensure transparency and accountability for law enforcement, which, in turn, gains the trust of people living in the community. These outcomes are also driven by oversight to ensure more accountability.

For too long, negative and deficit outcomes have driven law enforcement. It is time to change policing culture by scaling up positive outcomes. This is especially important since research documents that violent crime rates are unrelated to police killing rates. This suggests that we can decrease crime as well as decrease police killings and brutality. Only accountability, transparency, and equity can make this happen.



COVID-19 Update

World
New Cases:   311,291 (⬆︎ .17%)
New Deaths:      6,276 (⬆︎ .22%)

USA
New Cases:   4,740 (⬆︎ .01%)
New Deaths:       93 (⬆︎ .02%)

Yesterday, June 27th, 2021
0 Vaccinated people
and
6,276 Un-Vaccinated people
were killed by COVID-19

179.3 million vaccinated
Including more than 153 million people who have been fully vaccinated in the United States.


In the last week, an average of 765.8k doses per day were administered, a 32% decrease over the week before.




I may need a booster (Janssen J&J), and people who got AstraZenaca will see a boost in immunity with a 3rd shot down the road, but people who got Pfizer or Moderna may be fine - possibly "for years" - without a followup.

NYT: (pay wall)


The vaccines made by Pfizer-BioNTech and Moderna set off a persistent immune reaction in the body that may protect against the coronavirus for years, scientists reported on Monday.

The findings add to growing evidence that most people immunized with the mRNA vaccines may not need boosters, so long as the virus and its variants do not evolve much beyond their current forms — which is not guaranteed. People who recovered from Covid-19 before being vaccinated may not need boosters even if the virus does make a significant transformation.

“It’s a good sign for how durable our immunity is from this vaccine,” said Ali Ellebedy, an immunologist at Washington University in St. Louis who led the study, which was published in the journal Nature.

The study did not consider the vaccine made by Johnson & Johnson, but Dr. Ellebedy said he expected the immune response to be less durable than that produced by mRNA vaccines.

Dr. Ellebedy and his colleagues reported last month that in people who had survived Covid-19, immune cells that recognize the virus remained in the bone marrow for at least eight months after infection. A study by another team indicated that so-called memory B cells continue to mature and strengthen for at least a year after infection.

Based on those findings, researchers suggested that immunity might last years, possibly a lifetime, in people who were infected and later vaccinated. But it was unclear whether vaccination alone might have a similarly long-lasting effect.

After an infection or a vaccination, a specialized structure called the germinal center forms in lymph nodes. This structure is an elite school of sorts for B cells.

The broader the range and the longer these cells have to practice, the more likely they are to be able to thwart variants of the virus that may emerge.

After infection with the coronavirus, the germinal center forms in the lungs. But after vaccination, the cells’ education takes place in lymph nodes in the armpits, within reach of researchers.

Dr. Ellebedy’s team found that 15 weeks after the first dose of vaccine, the germinal center was still highly active in all 14 of the participants, and that the number of memory cells that recognized the coronavirus had not declined.

“The fact that the reactions continued for almost four months after vaccination — that’s a very, very good sign,” Dr. Ellebedy said. Germinal centers typically peak one to two weeks after immunization, and then wane.

“Usually by four to six weeks, there’s not much left,” said Deepta Bhattacharya, an immunologist at the University of Arizona. But germinal centers stimulated by the mRNA vaccines are “still going, months into it, and not a lot of decline in most people.”

Dr. Bhattacharya noted that most of what scientists know about the persistence of germinal centers is based on animal research. The new study is the first to show what happens in people after vaccination.

The results suggest that a vast majority of vaccinated people will be protected over the long term — at least, against the existing variants. But older adults, people with weak immune systems and those who take drugs that suppress immunity may need boosters; people who survived Covid-19 and were later immunized may never need them at all.

Exactly how long the protection from mRNA vaccines will last is hard to predict. In the absence of variants that sidestep immunity, in theory immunity could last a lifetime, experts said. But the virus is clearly evolving.

Our Mr Brooks

Mo Brooks fleeing the interview


Because conservatives are a buncha whiny-butt pussies.

Closer Than We Think



The first recorded case of a United States Military officer using the "I was only following orders" defense dates back to 1799. During the War with France, Congress passed a law making it permissible to seize ships bound for any French Port. However, when President John Adams wrote the authorization order, he wrote that U.S. Navy ships were authorized to seize any vessel bound for a French port, or traveling from a French port. Pursuant to the President's instructions, a U.S. Navy captain seized a Danish Ship (the Flying Fish), which was en route from a French Port.

The owners of the ship sued the Navy captain in U.S. Maritime Court for trespass. They won, and the United States Supreme Court upheld the decision. The U.S. Supreme Court held that Navy commanders "act at their own peril" when obeying presidential orders when such orders are illegal.

Even though he's a hardass and a fairly typical authoritarian military-minded kinda guy, I think Mark Milley is going to come out of this mess looking like the very model of a modern major league general.
(my apologies to Gilbert-n-Sullivan, and to anyone who still has the tiniest bit of sensibility left in this ridiculously non-sensical period of political madness)

And I think the reason for Milley's supposed turnaround, is that he's not a guy who's going to roll over and beg for a belly rub from any random puke - even a POTUS - when he knows the guy is playing him for a fool.


Trump's Situation Room shouting match

Gen. Mark Milley, chairman of the Joint Chiefs of Staff, repeatedly blew up at President Trump over how to handle last summer's racial-justice protests, The Wall Street Journal's Michael Bender writes in his forthcoming book, "Frankly, We Did Win This Election."

The backdrop:
Trump wanted to invoke the Insurrection Act and put Milley in charge of a scorched-earth military campaign to suppress protests that had spiraled into riots in several cities.

Milley — now a GOP villain for his testimony last week on critical race theory — pushed back, Bender writes in a passage Axios is reporting for the first time:

Seated in the Situation Room with [Attorney General Bill] Barr, Milley, and [Secretary of Defense Mark] Esper, Trump exaggerated claims about the violence and alarmed officials ... by announcing he’d just put Milley "in charge."
 
Privately, Milley confronted Trump about his role. He was an adviser, and not in command. But Trump had had enough.
"I said you're in f---ing charge!" Trump shouted at him.
"Well, I'm not in charge!" Milley yelled back.
"You can't f---ing talk to me like that!" Trump said. ...
"Goddamnit," Milley said to others. "There's a room full of lawyers here. Will someone inform him of my legal responsibilities?"
"He's right, Mr. President," Barr said. "The general is right."

Asked for a response, Trump told Jonathan Swan through an aide: "This is totally fake news, it never ever happened. I'm not a fan of Gen. Milley, but I never had an argument with him and the whole thing is false. He never talked back to me. Michael Bender never asked me about it and it's totally fake news."

Trump later added: "If Gen. Milley had yelled at me, I would have fired him."

Bender then told Swan:
  • "This exchange was confirmed by multiple senior administration officials during the course of hundreds of hours of interviews with dozens of top Trump World aides for this book."
  • "Contrary to Mr. Trump’s assertion, I asked the former president for his side of this particular argument in a written question — as he requested — along with other queries included in my thorough fact-checking process. He did not reply.”
A spokesman for Milley declined to comment.

P.S. At Trump's Ohio rally on Saturday night, he attacked Milley without naming him: "You see these generals lately on television? They are woke."

The brink of disaster is always something we should keep in mind.

Lately, we've been dancing at the edge of the abyss.

 

Today's Dad Joke

Male bees work until it's time to mate with the queen.
And then they die.
That's the entirety of their lives.
Honey.
Nut.
Cheerio.



AKA: Consciousness Of Guilt


Glenn Kirschner, on Bill Barr's interview in The Atlantic:

And be sure to catch the Mitch McConnell piece of it (starting at about 6:50).


These guys crooked as fuck. I'll go ahead with a blanket condemnation, saying all politicians are first and foremost concerned with gaining and keep and wielding power. The cliche is true - you can't do as much if you don't win the election.

OK fine, but when you have to stay in power in order to stay out of prison, you've taken things just a few steps too far.

Jun 27, 2021

A Very Fine Line

This is actually a really tough row to hoe.

I have no love or sympathy or any regard in any sense for Facebook, except that they should be more or less free to do their thing as long it doesn't directly harm anyone, or facilitate harm to anyone.

And that, I think, is at the heart of this:

KIRO-TV7 (Seattle)

Texas court: Facebook can be held liable for sex trafficking predators

The Texas Supreme Court ruled Friday that Facebook is not a “lawless no-man’s land” and can be held liable for the conduct of people who use the platform to recruit and prey on children.

The justices ruled that trafficking victims can move ahead with lawsuits because Facebook violated a provision of the Texas Civil Practice and Remedies Code, which was passed in 2009, the Houston Chronicle reported.

The ruling stems from three civil actions from Houston involving teenage trafficking victims who met the predators through Facebook’s messaging functions, according to the Chronicle. The plaintiffs sued the California-based social media giant for negligence and product liability, arguing that Facebook failed to warn about or try to prevent sex trafficking from occurring on its platforms, the newspaper reported.

The lawsuits also alleged that Facebook benefited from the sexual exploitation of trafficking victims.

Facebook’s attorneys argued the company is shielded from liability under Section 230 of the federal Communications Decency Act, which states that what users say or write online is not the same as a publisher conveying the same message.

A Facebook spokesperson said in a statement that the company is considering what steps to take next.

“Sex trafficking is abhorrent and not allowed on Facebook,” the spokesperson said. “We will continue our fight against the spread of this content and the predators who engage in it.”

The justices, in their majority opinion, wrote that “We do not understand Section 230 to ‘create a lawless no-man’s-land on the internet’ in which states are powerless to impose liability on websites that knowingly or intentionally participate in the evil of online human trafficking.

“Holding internet platforms accountable for the words or actions of their users is one thing, and the federal precedent uniformly dictates that Section 230 does not allow it,” the opinion said. “Holding internet platforms accountable for their own misdeeds is quite another thing. This is particularly the case for human trafficking.”

The lawsuits were brought by three Houston women who alleged they were recruited as teens via Facebook apps and were trafficked as a result of those connections, providing predators with “a point of first contact between sex traffickers and these children,” the Chronicle reported.

According to the Human Trafficking Institute, the majority of online recruitment in active sex trafficking cases in the U.S. in 2020 occurred on Facebook. The organization made the assertions in its 2020 Federal Human Trafficking Report.

“The internet has become the dominant tool that traffickers use to recruit victims, and they often recruit them on a number of very common social networking websites,” Human Trafficking Institute CEO Victor Boutros told CBS News earlier this month. “Facebook overwhelmingly is used by traffickers to recruit victims in active sex trafficking cases.”

One plaintiff said she was 15 in 2012 when she communicated with the friend of a mutual friend on Facebook, the Chronicle reported. She alleged that after the man offered her a modeling job, he posted photos of her on Backpage, an online platform that was shut down in 2018 because it promoted human trafficking. The woman claimed she was “raped, beaten, and forced into further sex trafficking,” the newspaper reported.

The second plaintiff said she was 14 in 2017 when she was contacted on Instagram, another Facebook property. The woman alleged that the man lured her with “false promises of love and a better future,” and then used Instagram to advertise her as a prostitute and set up “dates,” according to the Chronicle. The woman claimed she was raped numerous times and alleged that when her mother reported what had happened to Facebook, the company “never responded.”

The third plaintiff said she was 14 in 2016 when a man she did not know sent her a friend request on Instagram, the Chronicle reported. They exchanged messages for two years, and in March 2018 the man allegedly asked her to leave home and meet her, the newspaper reported. The man allegedly photographed the teen in a motel room and posted the images on Backpage, according to court records.

Facebook’s attorneys argued that Congress used “very broad terms” to preserve free speech, guard against censorship via threat of litigation and avoid inconsistent liability standards.

“When Congress decided to amend Section 230 to combat the scourge of online sex trafficking, it did so with a scalpel, not a hammer -- carefully enumerating precisely the types of claims that would be exempt from Section 230,” Facebook’s attorneys argued in a September 2020 brief to the court. “The balance Congress struck is embodied in the language it used. Congress is free to alter that balance by amending that language. But this Court doesn’t sit as a super legislature to rewrite the statute under the guise of divining legislative ‘purpose.’

“But regardless of what plaintiffs contend Facebook should have done about that third-party content -- prevent it, block it, remove it, edit it, flag it, or warn about it -- the purported duty to take action that undergirds plaintiffs’ claims derives from (Facebook’s) role as a publisher, which is why these claims are prohibited by Section 230.”

My hang up is that I want Facebook kicked in the nuts really really really hard, but I don't want the Q-birds to take this as any kind of vindication that their stoopid fantasies have some tiny scintilla of rational justification.

Can't wait to hear more on that shit.

Today's Pix

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