Off the Kuff Rotating Header Image

January 24th, 2021:

Weekend link dump for January 24

“This Story About Ivanka, Obama, and Poop Is So Much Worse Than You Could Imagine”.

“If you’re using an Android device—or in some cases an iPhone—the Telegram messenger app makes it easy for hackers to find your precise location when you enable a feature that allows users who are geographically close to you to connect. The researcher who discovered the disclosure vulnerability and privately reported it to Telegram developers said they have no plans to fix it.”

No Coke or Pepsi ads in this year’s Super Bowl.

“This is one of the most abject, groveling admissions of guilt I’ve ever read.”

“Members of President Donald Trump’s failed presidential campaign played key roles in orchestrating the Washington rally that spawned a deadly assault on the U.S. Capitol, according to an Associated Press review of records, undercutting claims the event was the brainchild of the president’s grassroots supporters.” Three words: Lock. Them. Up.

“At noon on January 20, Trump will be in desperate shape. His business is floundering, his partners are fleeing, his loans are delinquent, prosecutors will be coming after him, and the legal impunity he enjoyed through his office will be gone. He will be walking naked into a cold and friendless world. What appeared to be a brilliant strategy for escaping consequences was merely a tactic for putting them off. The bill is coming due.”

“There is nothing of Jesus in the frenzied waving of flags bearing one man’s name. There is nothing of Jesus and nothing pro-life about a politician and his minions who whip-up a crowd in a rally and then point them in the direction of the Capitol where five people lost their lives in the violence, including a police officer. Do not be deceived, Jesus was not any part of that. His name has been desecrated just as clearly as our nation’s Capitol has been desecrated.”

“Trying to pick the most notable lies from Donald Trump’s presidency is like trying to pick the most notable pieces of junk from the town dump. There’s just so much ugly garbage to sift through before you can make a decision.”

“Voting rights advocates say the attack on the Capitol represents the culmination of an administration that used lies, deception, and misleading claims to undermine key democratic institutions.”

“Delta Air Lines is threatening to permanently ban passengers who don’t show respect and civility to employees and passengers. Personally I think the US airline industry is long overdue for some more repercussions for poor behavior on planes.”

“That pattern of trolling until you aren’t anymore has happened alongside the algorithmic spread of disinformation and conspiracy-mongering across social media. The combination of alt-right trolls obfuscating truth to spread their agenda, and the confusion about reality that conspiracy theories like QAnon help propagate, has created a chaotic, emotion-fueled online environment in which people like Gionet have thrived the only way they know how: through constant disruption.”

“MyPillow CEO Mike Lindell confirmed on Monday that his products had been dropped from several major retailers after the pro-Trump executive sought to relentlessly spread false claims of election fraud in the 2020 presidential election.” He’s also gonna get sued by Dominion Voting Systems.

Here’s a current list of who’s been arrested so far for the Capitol coup attempt. Here’s hoping that list keeps on growing.

Twelve unforgettable photos of Trump’s presidency. I have to admit, I thought that iconic and highly memed “Trump stares/yells at kid mowing the lawn” picture was a Photoshop job.

82 Stupid Things From The Trump Era You Probably Forgot About“. I actually remember nearly all of these, which probably means I need to get off the Internet more often.

RIP, Don Sutton, MLB Hall of Fame pitcher mostly for the Dodgers, and broadcaster for the Braves.

“So, what exactly did Trump write in his note to Biden? Twitter has some excellent guesses”.

It was one year ago this past week that the first COVID case was reported in the US.

RIP, Mira Furlan, actor best known for Lost and Babylon 5.

RIP, Henry Aaron, all time great baseball player and a world-class human being. The amount of hatred and racism he had to deal with as he broke Babe Ruth’s home run record was appalling, and meant he was never able to enjoy his massive accomplishment. I love what Andrea Thome, wife of Jim Thome, had to say, “if there’s a HOF for Hall of Famers, he’d be in it”. Rest in peace, Henry Aaron.

RIP, Larry King, longtime CNN talk show host.

A comprehensive timeline of Trump’s efforts to overturn the election.

Paxton sues over deportation pause

That didn’t take long.

Best mugshot ever

Three days into the Biden administration, Texas Attorney General Ken Paxton has filed his first lawsuit against the federal government. The lawsuit seeks an halt to one of the president’s executive actions on immigration, a 100-day pause on some deportations.

The moratorium, issued the same day as the presidential inauguration, was one of a flurry of early executive actions from the new administration. It is part of a review and reset of enforcement policies within Customs and Border Protection, Immigration and Customs Enforcement, and the U.S. Citizenship and Immigration Services agencies as the Biden administration “develops its final priorities,” according to a statement from the Department of Homeland Security.

Paxton said the moratorium violates the U.S. Constitution and various federal and administrative laws, as well as an agreement between Texas and DHS.

“When DHS fails to remove illegal aliens in compliance with federal law, Texas faces significant costs,” reads the complaint, which was filed in federal court in the U.S. Southern District of Texas. “A higher number of illegal aliens in Texas leads to budgetary harms, including higher education and healthcare costs.”

The filing also alleges various other violations, including against posting-and-comment rules, as well as failure to ensure laws are “faithfully executed.” In a statement, a spokesperson for the Department of Homeland Security said they were “not able to comment on pending litigation.”

The moratorium excludes any immigrant who is “suspected of terrorism or espionage, or otherwise poses a danger to the national security of the United States,” those who entered after Nov. 1 and those who have voluntarily waived any rights to remain in the country, according to a DHS memo. It also retains an enforcement focus on people who have been convicted of an “aggravated felony” as defined by federal immigration law.

The first question one should ask of any lawsuit filed by Ken Paxton at this time, especially a politically-motivated lawsuit like this one, is whether it has any merit or if it’s just theater designed to rile up the rabble. Neither this story nor the Chron story examines that, though the latter does touch on some of the legal questions.

The case is before U.S. District Judge Drew Tipton, a Trump appointee who took the bench in Corpus Christi last June and previously practiced law in Houston. In a hearing held via Zoom on Friday, Tipton did not immediately rule on Texas’ request for a temporary restraining order. Instead, he said he would take the matter under advisement and vowed to make a decision quickly.

Administration officials did not respond to a request for comment, and a DHS spokesperson declined to comment on pending litigation. But in a memo issued Wednesday, DHS Acting Secretary David Pekoske said the moratorium was implemented as the agency shifts staff and resources at the southwest border, and to protect the health and safety of DHS personnel amid the pandemic.

“We must ensure that our removal resources are directed to the department’s highest enforcement priorities,” Pekoske added.

The order does not apply to noncitizens who: have engaged in or are suspected of terrorism or espionage or who otherwise pose a national security risk; were not in the U.S. before Nov. 1; or voluntarily signed a waiver to rights to remain in the U.S. as long as they’d been given “a meaningful opportunity to access counsel” beforehand. It also gives the acting director the discretion to allow deportations on a case-by-case basis.

The agreement Paxton refers to is one that the department, while still controlled by the Trump administration, signed preemptively with multiple jurisdictions, including the state of Arizona, that required the agency to give them six months to review and submit comments before moving forward on any changes to immigration policy, as Buzzfeed News first reported. The legal enforceability of those documents, however, has yet to be seen.

[…]

In the virtual hearing Friday, Will Thompson, an attorney for the state, argued that the DHS agreement was valid and precluded it from enacting policy changes before the 180-day feedback period has ended. Thompson also said Texas would suffer irreparable harm from the pause on deportations, such as increased education and health care costs for undocumented immigrants.

Department of Justice attorney Adam Kirschner raised several legal arguments for why the agreement is not enforceable, among them that it violated Article II of the Constitution by giving Texas, at least for 180 days, “veto power over immigration law,” which is within the jurisdiction of the federal government. Kirschner also said the state failed to identify injury that the policy would cause, other than “general budgetary concerns.”

At least you have an idea what they’re arguing about, but it’s still pretty dry. Daily Kos gets more into the merits.

Paxton “says Biden administration is violating the agreement TX signed w/ Trump’s DHS, which said the agency would check in with Texas before making changes,” BuzzFeed News’ Hamed Aleazis tweeted. Paxton’s threat demands DHS immediately rescind the memo, as well as “an immediate response or we will seek relief to enjoin your order, as contemplated by the Agreement.”

To put it plainly, Ken Paxton can eat shit. Legal experts like Santa Clara University School of Law professor Pratheepan Gulasekaram have criticized the agreements, calling them “completely unmoored from legal, constitutional ways of implementing policy,” BuzzFeed News previously reported. “The agreements, as Ken Paxton well knows, are blatantly illegal,” tweeted Aaron Reichlin-Melnick. “Of course, that’s never stopped him before. The Biden administration seems likely to take the correct step here; tell him to pound sand. The federal government can’t contract away its right to make policy changes.”

Not to mention that Cuccinelli was unlawfully installed at DHS! A federal court had already previously ruled that the truly very strange Cuccinelli had also been unlawfully appointed to head U.S. Citizenship and Immigration Services (USCIS). Reichlin-Melnick noted at the time that the previous administration had since dropped its appeal of that ruling, yet was still “letting him go to work every day.” Perhaps because they knew he’d be willing to put his signature to ridiculous policies like the one now trying to tie up the new administration.

The full thread is here, and you should also read this thread by Buzzfeed News immigration reporter Hamed Aleaziz, who suggests that federal judge Tipton could put the Biden order on hold as the suit is being heard. The ACLU and ACLU of Texas have filed an amicus brief in opposition to Paxton’s suit. This may be an early test of just how much Trump-appointed judges will abet in acting as roadblocks to anything President Biden wants to do.

Of course some anti-vaxx groups got PPP funds

Completely on brand.

Texas-based anti-vaccine organization Informed Consent Action Network was among five anti-vaccine groups that collectively received more than $850,000 in federal loans from the Paycheck Protection Program, the Washington Post reported Monday. The organization received $166,000 in May 2020, according to founder Del Bigtree.

“Vaccine hesitancy” or “vaccine skepticism” poses a significant and ongoing challenge for health authorities trying to overcome mistrust within communities of color, by the anti-vaccine crowd and general uncertainty nationwide. Doctors and scientists say the coronavirus vaccines currently available in the United States are safe and effective.

“At a minimum, it’s a mixed message from the government,” said Timothy Callaghan, an assistant professor in the Department of Health Policy and Management at the Texas A&M University School of Public Health. “Those individuals who are hesitant are going to be looking to various pieces of information to help them make this decision…and if one of the key pieces of information coming out is the government funding anti-vaccine groups, it could send a signal to these individuals that maybe they shouldn’t be vaccinating,” he told The Texas Tribune.

The Austin-based nonprofit has more than 43,000 followers on Facebook and regularly posts information questioning the safety of the coronavirus vaccines. Bigtree’s online anti-vaccine talk show was penalized by Facebook and YouTube last year for violating misinformation policies and downplaying the severity of the pandemic.

As the WaPo story notes, this wasn’t just in Texas. In terms of actual dollars, it’s not that much, but boy does the principle of it rankle. And given how Greg Abbott has staked everything on getting the vaccine rolled out, it would be nice if he felt a little heat from this, since the anti-vaxxers have had more success than failure in the Legislature in recent years. You would think he’d be unhappy about this. Good luck getting him to say anything about it, though.

Beware the renewable energy disinformation

It’s out there, in more ways than one.

David Dunagan doesn’t want a 760-acre solar power plant to be built across his fenceline. The Old Jackson Power Plant will replace farmland in Van Zandt County with gleaming, metal panels. Though the 127-megawatt plant will provide clean, renewable energy for some of the nearly 7.5 million residents in the Dallas-Fort Worth metroplex Dunagan has been organizing local landowners to stop it for the last year.

Generations of landowners have raised cattle or grown crops like hay and sweet potatoes in this slice of rural northeast Texas, and turning those fields into an industrial power plant isn’t an easy pill to swallow. One of Dunagan’s major worries is the environmental impact that the Old Jackson plant could have. “It’s literally in the middle of East Texas tornado alley,” he says. “There is a propensity for these facilities to get torn up, and the materials are scattered everywhere. These panels, there are several heavy metals used in thin layers,” he adds. “It’s been proven that these panels tend to leach over time, into the soil and water.”

Thing is, that hasn’t been proven. That’s because it’s not true. According to Wyatt Metzger, a scientist at the U.S. Department of Energy’s National Renewable Energy Laboratory, there’s little truth to the leaching-panel claim. Concerns about what happens if panels are discarded improperly at the end of their 30-year lifespan, are legitimate, however. But the idea that inclement weather could turn a functioning solar farm into a Superfund site littered with lead and cadmium-laced debris has caught on across the country as solar energy developments take off.

It’s a talking point that Dunagan picked up from so-called experts such as Michael Shellenberger, a staunchly pro-nuclear environmentalist who’s called climate activists “alarmists.” It’s been repeated by a national group called Citizens for Responsible Solar, which presents itself as a grassroots coalition, but was formed by a Republican consultant in Virginia. The myth has been pushed by the Foundation for Economic Education and the benign-sounding Institute for Energy Research, both libertarian think tanks that have direct ties to billionaire fossil fuel executives and climate change denialists Charles Koch and David Padden. Koch and Padden fund the Heartland Institute, one of the most infamous climate denial groups.

[…]

Disinformation about renewable energy isn’t new. For decades, fossil fuel companies and conservative think tanks have painted wind turbines as a bird-killing, unreliable, and property-value damaging source of energy. “We’re starting to see the same forces shift over, focusing on solar farms,” says Dave Anderson, a researcher with the Energy and Policy Institute who tracks fossil-fuel-funded disinformation about renewable energy. At the same time, solar energy is on the cusp of a growth spurt: Texas’ solar capacity is on track to grow by 150 percent this year. A similar upward trajectory is expected next year.

Many of the state’s largest solar plants have been built in West Texas, where land is cheap and sun is plentiful. In many of these counties, landowners were already used to having pumpjacks and wind turbines on their sprawling ranches, so solar wasn’t very different. Now, as the price of solar technology has dropped drastically, it’s more feasible for solar companies to locate their plants closer to energy-consuming cities, says Josh Rhodes, a researcher at the University of Texas at Austin’s Energy Institute. In places like Van Zandt, Bell, or Wharton County, just outside of Sugar Land, developers will save on the cost of electric transmission from far West Texas. But here, residents aren’t as welcoming of the new, industrial developments.

This is going to get worse as the Biden administration makes a big push towards renewables as part of its climate change agenda. Be aware of what the propaganda is and be prepared to push back on it when you see or hear it.

Finally, a bit of good COVID news

Naturally, it comes from the wastewater.

Researchers who study sewage to monitor the pandemic are detecting less virus in Houston than they have in months, a positive signal that could indicate a forthcoming drop in new COVID-19 cases, doctors said.

The amount of viral load has declined at 28 out of 38 wastewater treatment plants across the city for the first time in five months, said Dr. Paul Klotman, president and CEO of Baylor College of Medicine. He announced the good news during a Friday video update.

“It’s actually a big drop,” Klotman said. “What that means is, in 7 to 10 days, I think we’re going to see a pretty dramatic drop in the number of new cases.”

[…]

Other indicators show signs of improvement. The Houston area’s R(t) value has dipped below 1 for the first time in weeks, meaning community spread is slowing. The test positivity rate for the Texas Medical Center hospital systems dipped from 13.2% last week to 12.7% this week, Klotman said, and the weekly average of COVID-19 hospitalizations is beginning to plateau.

See here, here, and here for the background. As we know, people shed virus in feces and urine, so tracking virus levels in wastewater is a pretty good tool for determining what the true status is and where hotspots are forming. If this is the start of a trend, we’ll see infection and hospitalization levels – not to mention deaths – start to decline rapidly in the next few weeks. Keep wearing your masks and avoiding indoor gatherings, as that’s been our best defense so far, and get that vaccine when you can.