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The “Why Not” Culture: Why The Georgia Final Report Should Worry Us All

The "Why Not" Culture: Why The Georgia Final Report Should Worry Us All

Authored by Jonathan Turley,

Below is my column in the Hill on release…

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The "Why Not" Culture: Why The Georgia Final Report Should Worry Us All

Authored by Jonathan Turley,

Below is my column in the Hill on release of the final report of the Special Purpose Grand Jury in Georgia. The recommendation for sweeping indictments involving 39 people, including current and former senators, only magnifies fears over political prosecutions.

For many of us, the inclusion of figures like the senators reflects a rogue grand jury.

However, Rep. Adam Schiff (D., Cal.) insisted that Sen. Lindsey Graham was “lucky” not to be indicted. According to Schiff, Graham calling Georgia officials about the counting or discarding of votes was enough to justify a criminal charge. Presumably, since Graham could be indicted with Trump, Schiff would also consider him eligible to be barred from ever running again for office under the 14th Amendment, as discussed below.

It is the “why not” approach to criminal and constitutional law.

Here is my column:

With the release of the special grand jury final report in Georgia, the nation finally was able to see what foreperson Emily Kohrs last February was giggling about in interviews.

Call it the “Why not?” report.

Back then, when Kohrs was asked if there were recommended charges, she chuckled and said, “Can you imagine doing this for eight months and not coming out with a whole list of recommended indictments? It’s not a short list. It’s not.’”

In addition to nodding at an expected Trump indictment, she added, “There may be some names on that list that you wouldn’t expect.” After all, why not?

The final product did not disappoint. The members recommended 39 people for prosecution, including Sen. Lindsey Graham (R-S.C.) and former Sens. Kelly Loeffler (R-Ga.) and David Perdue (R-Ga.). They also included lawyers who argued for recounts or investigations into alleged election fraud.

While the report expressly claims that the Fulton County District Attorney’s office did not create the list, it was the office of Fani Willis that presented the law, the evidence and potential targets to the special grand jury. During that process, these members concluded that politicians voicing support for the former president and his allegations could be criminally charged for doing so.

The news that Willis did not indict Graham and others infuriated many on the left. Liberal websites were inundated with comments like “I want all the enablers charged, tried, and given long sentences as traitors to our country” and asking why the list did not include Senators Grassley, Cruz, Lee and “147 current and former members of the House, just to name a few.”

The disappointment of the special grand jury members and commentators is understandable. When one reads the indictment of the 19 defendants, it is surprising that all of the other 20 were dropped. While the indictment does contain serious charges against some individuals, Willis used a sweeping racketeering theory to indict in gross.

One possible reason Willis dropped some of these targets is that she knew the indictment of these senators would have been quickly and firmly rejected by the courts as the criminalization of political speech.

However, the 160 individual acts detailed in Willis’s report include speeches and social media postings by Trump and others claiming evidence of widespread voting fraud.

I disagree with those claims, but many citizens held the same suspicions of the election. Many still do.

It is understandable why the grand jurors thought that anyone pushing these claims was committing a crime, given the 160 acts cited by Willis. Graham, for example, called Georgia Secretary of State Brad Raffensperger after the November 2020 election to ask about absentee ballots and whether groups of ballots could be rejected.

That call was not ultimately deemed worthy of an indictment. However, Willis launched her investigation based on Trump’s continued demands that Raffensperger investigate the vote tally in two other calls. Once again, I agreed then and now with Raffensperger in his refusal. But the question is whether such requests are evidence of a crime.

I have long criticized the misrepresentation of the two Georgia calls by the Washington Post, which later issued a correction in its reporting. Although it recently made a startling contradictory statement on the truth of its original claims, the transcript of the calls shows that Trump did not tell officials to simply add more than 11,000 votes.

I still disagree with his claims, but I have maintained that Trump was making a predictable argument in a settlement negotiation that he only needed that number of votes and that a new recount or continued investigation would find them.

My questioning of the use of the calls as evidence of a crime has given many people the vapors. They insist that it was preposterous to think that Trump was actually asking for continued recounts or investigations instead of demanding that Raffensperger commit fraud. Yet Raffensperger himself recently took the stand and confirmed that the call was a “settlement negotiation” over whether to conduct further recounts or investigations.

The question is when advocacy or inquiries or negotiations become criminal acts. Willis’s first grand jury clearly believed that senators who called for recounts or Raffensperger’s resignation should go to prison. The comparison between their recommendations and the eventual indictment does not clearly answer how such acts are distinguishable as crimes.

The same lack of limiting principle is evident in the new theory being pushed by various experts under the 14th Amendment to bar Trump from ballots on the grounds that he “engaged in insurrection or rebellion” or gave “aid or comfort to the enemies thereof.” Beyond the tendentious claim that the Jan. 6 riot was an actual insurrection, they also maintain that the provision is self-executing, requiring no vote of Congress for secretaries of state to bar Trump from next year’s ballots.

Even though Trump has not been charged, let alone convicted, of insurrection (or even incitement), these advocates believe that he can be removed from the ballot because of his election claims, his inflammatory rhetoric and his delay in calling for supporters to leave the Capitol. This is one of the most dangerous legal theories to arise in decades.

This week, Democratic Arizona Secretary of State Adrian Fontes aptly described the claimed right to disqualify as a “radical” measure that would “encompass every elected office in our government — state, local, federal, and so forth.” Indeed, Democrats have called for barring not just Trump but 120 Republicans in Congress from running for office.

As with the Georgia special grand jury, the question is “Why not?” If the standard is “giving aid or comfort” to insurrectionists, then why not throw hundreds of other Republicans who supported the challenge to certification on Jan. 6 off the ballot? And while we’re at it, why not bar every lawyer who helped file claims of voting fraud from ever running for office? They all gave aid or comfort with their actions.

By this reasoning, Rep. Jamie Raskin (D-Md.) and other Democrats could have been barred from ballots for opposing Trump’s certification in 2016 without any basis, along with leaders such as Hillary Clinton, who continued to call the election “stolen” for years. In 2016, there were also violent riots in Washington opposing Trump’s inauguration, thanks in no small part to such rhetoric. We can then have different candidates of both parties removed from ballots in every state.

This “Why not?” philosophy is all part of our impulse-buy politics, where there is little thought given to the implications of actions beyond immediate vengeance and satisfaction. It is a criminal and political system based on the giddy philosophy of Emily Kohrs.

Tyler Durden Mon, 09/11/2023 - 15:05

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Low Iron Levels In Blood Could Trigger Long COVID: Study

Low Iron Levels In Blood Could Trigger Long COVID: Study

Authored by Amie Dahnke via The Epoch Times (emphasis ours),

People with inadequate…

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Low Iron Levels In Blood Could Trigger Long COVID: Study

Authored by Amie Dahnke via The Epoch Times (emphasis ours),

People with inadequate iron levels in their blood due to a COVID-19 infection could be at greater risk of long COVID.

(Shutterstock)

A new study indicates that problems with iron levels in the bloodstream likely trigger chronic inflammation and other conditions associated with the post-COVID phenomenon. The findings, published on March 1 in Nature Immunology, could offer new ways to treat or prevent the condition.

Long COVID Patients Have Low Iron Levels

Researchers at the University of Cambridge pinpointed low iron as a potential link to long-COVID symptoms thanks to a study they initiated shortly after the start of the pandemic. They recruited people who tested positive for the virus to provide blood samples for analysis over a year, which allowed the researchers to look for post-infection changes in the blood. The researchers looked at 214 samples and found that 45 percent of patients reported symptoms of long COVID that lasted between three and 10 months.

In analyzing the blood samples, the research team noticed that people experiencing long COVID had low iron levels, contributing to anemia and low red blood cell production, just two weeks after they were diagnosed with COVID-19. This was true for patients regardless of age, sex, or the initial severity of their infection.

According to one of the study co-authors, the removal of iron from the bloodstream is a natural process and defense mechanism of the body.

But it can jeopardize a person’s recovery.

When the body has an infection, it responds by removing iron from the bloodstream. This protects us from potentially lethal bacteria that capture the iron in the bloodstream and grow rapidly. It’s an evolutionary response that redistributes iron in the body, and the blood plasma becomes an iron desert,” University of Oxford professor Hal Drakesmith said in a press release. “However, if this goes on for a long time, there is less iron for red blood cells, so oxygen is transported less efficiently affecting metabolism and energy production, and for white blood cells, which need iron to work properly. The protective mechanism ends up becoming a problem.”

The research team believes that consistently low iron levels could explain why individuals with long COVID continue to experience fatigue and difficulty exercising. As such, the researchers suggested iron supplementation to help regulate and prevent the often debilitating symptoms associated with long COVID.

It isn’t necessarily the case that individuals don’t have enough iron in their body, it’s just that it’s trapped in the wrong place,” Aimee Hanson, a postdoctoral researcher at the University of Cambridge who worked on the study, said in the press release. “What we need is a way to remobilize the iron and pull it back into the bloodstream, where it becomes more useful to the red blood cells.”

The research team pointed out that iron supplementation isn’t always straightforward. Achieving the right level of iron varies from person to person. Too much iron can cause stomach issues, ranging from constipation, nausea, and abdominal pain to gastritis and gastric lesions.

1 in 5 Still Affected by Long COVID

COVID-19 has affected nearly 40 percent of Americans, with one in five of those still suffering from symptoms of long COVID, according to the U.S. Centers for Disease Control and Prevention (CDC). Long COVID is marked by health issues that continue at least four weeks after an individual was initially diagnosed with COVID-19. Symptoms can last for days, weeks, months, or years and may include fatigue, cough or chest pain, headache, brain fog, depression or anxiety, digestive issues, and joint or muscle pain.

Tyler Durden Sat, 03/09/2024 - 12:50

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Walmart joins Costco in sharing key pricing news

The massive retailers have both shared information that some retailers keep very close to the vest.

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As we head toward a presidential election, the presumed candidates for both parties will look for issues that rally undecided voters. 

The economy will be a key issue, with Democrats pointing to job creation and lowering prices while Republicans will cite the layoffs at Big Tech companies, high housing prices, and of course, sticky inflation.

The covid pandemic created a perfect storm for inflation and higher prices. It became harder to get many items because people getting sick slowed down, or even stopped, production at some factories.

Related: Popular mall retailer shuts down abruptly after bankruptcy filing

It was also a period where demand increased while shipping, trucking and delivery systems were all strained or thrown out of whack. The combination led to product shortages and higher prices.

You might have gone to the grocery store and not been able to buy your favorite paper towel brand or find toilet paper at all. That happened partly because of the supply chain and partly due to increased demand, but at the end of the day, it led to higher prices, which some consumers blamed on President Joe Biden's administration.

Biden, of course, was blamed for the price increases, but as inflation has dropped and grocery prices have fallen, few companies have been up front about it. That's probably not a political choice in most cases. Instead, some companies have chosen to lower prices more slowly than they raised them.

However, two major retailers, Walmart (WMT) and Costco, have been very honest about inflation. Walmart Chief Executive Doug McMillon's most recent comments validate what Biden's administration has been saying about the state of the economy. And they contrast with the economic picture being painted by Republicans who support their presumptive nominee, Donald Trump.

Walmart has seen inflation drop in many key areas.

Image source: Joe Raedle/Getty Images

Walmart sees lower prices

McMillon does not talk about lower prices to make a political statement. He's communicating with customers and potential customers through the analysts who cover the company's quarterly-earnings calls.

During Walmart's fiscal-fourth-quarter-earnings call, McMillon was clear that prices are going down.

"I'm excited about the omnichannel net promoter score trends the team is driving. Across countries, we continue to see a customer that's resilient but looking for value. As always, we're working hard to deliver that for them, including through our rollbacks on food pricing in Walmart U.S. Those were up significantly in Q4 versus last year, following a big increase in Q3," he said.

He was specific about where the chain has seen prices go down.

"Our general merchandise prices are lower than a year ago and even two years ago in some categories, which means our customers are finding value in areas like apparel and hard lines," he said. "In food, prices are lower than a year ago in places like eggs, apples, and deli snacks, but higher in other places like asparagus and blackberries."

McMillon said that in other areas prices were still up but have been falling.

"Dry grocery and consumables categories like paper goods and cleaning supplies are up mid-single digits versus last year and high teens versus two years ago. Private-brand penetration is up in many of the countries where we operate, including the United States," he said.

Costco sees almost no inflation impact

McMillon avoided the word inflation in his comments. Costco  (COST)  Chief Financial Officer Richard Galanti, who steps down on March 15, has been very transparent on the topic.

The CFO commented on inflation during his company's fiscal-first-quarter-earnings call.

"Most recently, in the last fourth-quarter discussion, we had estimated that year-over-year inflation was in the 1% to 2% range. Our estimate for the quarter just ended, that inflation was in the 0% to 1% range," he said.

Galanti made clear that inflation (and even deflation) varied by category.

"A bigger deflation in some big and bulky items like furniture sets due to lower freight costs year over year, as well as on things like domestics, bulky lower-priced items, again, where the freight cost is significant. Some deflationary items were as much as 20% to 30% and, again, mostly freight-related," he added.

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Walmart has really good news for shoppers (and Joe Biden)

The giant retailer joins Costco in making a statement that has political overtones, even if that’s not the intent.

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As we head toward a presidential election, the presumed candidates for both parties will look for issues that rally undecided voters. 

The economy will be a key issue, with Democrats pointing to job creation and lowering prices while Republicans will cite the layoffs at Big Tech companies, high housing prices, and of course, sticky inflation.

The covid pandemic created a perfect storm for inflation and higher prices. It became harder to get many items because people getting sick slowed down, or even stopped, production at some factories.

Related: Popular mall retailer shuts down abruptly after bankruptcy filing

It was also a period where demand increased while shipping, trucking and delivery systems were all strained or thrown out of whack. The combination led to product shortages and higher prices.

You might have gone to the grocery store and not been able to buy your favorite paper towel brand or find toilet paper at all. That happened partly because of the supply chain and partly due to increased demand, but at the end of the day, it led to higher prices, which some consumers blamed on President Joe Biden's administration.

Biden, of course, was blamed for the price increases, but as inflation has dropped and grocery prices have fallen, few companies have been up front about it. That's probably not a political choice in most cases. Instead, some companies have chosen to lower prices more slowly than they raised them.

However, two major retailers, Walmart (WMT) and Costco, have been very honest about inflation. Walmart Chief Executive Doug McMillon's most recent comments validate what Biden's administration has been saying about the state of the economy. And they contrast with the economic picture being painted by Republicans who support their presumptive nominee, Donald Trump.

Walmart has seen inflation drop in many key areas.

Image source: Joe Raedle/Getty Images

Walmart sees lower prices

McMillon does not talk about lower prices to make a political statement. He's communicating with customers and potential customers through the analysts who cover the company's quarterly-earnings calls.

During Walmart's fiscal-fourth-quarter-earnings call, McMillon was clear that prices are going down.

"I'm excited about the omnichannel net promoter score trends the team is driving. Across countries, we continue to see a customer that's resilient but looking for value. As always, we're working hard to deliver that for them, including through our rollbacks on food pricing in Walmart U.S. Those were up significantly in Q4 versus last year, following a big increase in Q3," he said.

He was specific about where the chain has seen prices go down.

"Our general merchandise prices are lower than a year ago and even two years ago in some categories, which means our customers are finding value in areas like apparel and hard lines," he said. "In food, prices are lower than a year ago in places like eggs, apples, and deli snacks, but higher in other places like asparagus and blackberries."

McMillon said that in other areas prices were still up but have been falling.

"Dry grocery and consumables categories like paper goods and cleaning supplies are up mid-single digits versus last year and high teens versus two years ago. Private-brand penetration is up in many of the countries where we operate, including the United States," he said.

Costco sees almost no inflation impact

McMillon avoided the word inflation in his comments. Costco  (COST)  Chief Financial Officer Richard Galanti, who steps down on March 15, has been very transparent on the topic.

The CFO commented on inflation during his company's fiscal-first-quarter-earnings call.

"Most recently, in the last fourth-quarter discussion, we had estimated that year-over-year inflation was in the 1% to 2% range. Our estimate for the quarter just ended, that inflation was in the 0% to 1% range," he said.

Galanti made clear that inflation (and even deflation) varied by category.

"A bigger deflation in some big and bulky items like furniture sets due to lower freight costs year over year, as well as on things like domestics, bulky lower-priced items, again, where the freight cost is significant. Some deflationary items were as much as 20% to 30% and, again, mostly freight-related," he added.

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