The Full Belmonte, 8/26/2022
Redacted Mar-a-Lago search affidavit to be released by noon Friday
The judge who approved the search warrant for Trump’s home said the redacted version of the affidavit should be public
“A redacted version of the affidavit justifying the FBI search of former president Donald Trump’s Florida residence must be unsealed in federal court by noon Friday, a judge ordered Thursday afternoon.
The order arrived hours after Justice Department lawyers submitted proposed redactions they felt were necessary to avoid jeopardizing witnesses or undermining the high-profile investigation into the handling of classified documents, which the Justice Department has characterized as still in the “early stages.”
Federal Magistrate Judge Bruce E. Reinhart apparently agreed with the government’s proposed redactions and, in response to requests from multiple news organizations, ordered the affidavit to be made available for public view.
‘I find that the Government has met its burden of showing a compelling reason/good cause to seal portions of the Affidavit because disclosure would reveal (1) the identities of witnesses, law enforcement agents, and uncharged parties, (2) the investigation’s strategy, direction, scope, sources, and methods, and (3) grand jury information protected by Federal Rule of Criminal Procedure,’ Reinhart wrote in his order.” Read more at Washington Post
In fiery midterm speech, Biden says GOP’s turned toward ‘semi-fascism’
It was some of the strongest language used by Biden, a politician long known — and at times criticized for — his wngness to work with members of the opposite party
“President Biden on Thursday night launched a push toward the midterm elections with a fiery speech in Rockville, Md., in which he cast the Republican Party as one that was dangerously consumed with anti-democratic forces that had turned toward ‘semi-fascism.’
It was some of the strongest language used by Biden, a politician long known — and at times criticized for — his willingness to work with members of the opposite party.
‘The MAGA Republicans don’t just threaten our personal rights and economic security,’ Biden said, referencing former president Donald Trump’s Make America Great Again slogan. ‘They’re a threat to our very democracy. They refuse to accept the will of the people. They embrace — embrace — political violence. They don’t believe in democracy.’
‘This is why in this moment, those of you who love this country — Democrats, independents, mainstream Republicans — we must be stronger,’ he added.” Read more at Washington Post
Judge orders release of DOJ memo justifying not prosecuting Trump
Amy Berman Jackson blasts former Attorney General William Barr's spin on the Mueller report as "disingenuous."
The Justice Department can appeal the judge’s decision to force release of the memo. | Jose Luis Magana/AP Photo
“A federal judge has ordered the release of a key Justice Department memo supporting former Attorney William Barr’s conclusion that former President Donald Trump should not be prosecuted for obstruction of justice over episodes investigated by special counsel Robert Mueller.
U.S. District Court Judge Amy Berman Jackson issued that ruling in a withering opinion that accused Barr of being ‘disingenuous’ when describing Mueller’s findings and found that the Justice Department was not candid with the court about the purpose and role of the 2019 memo prepared by Justice’s Office of Legal Counsel.
In response to a Freedom of Information Act lawsuit, Justice Department attorneys argued that the memo was part of the process of advising Barr on whether Trump should be prosecuted, but Jackson said the analysis consisted of a post hoc rationalization of a decision already made.
“The review of the document reveals that the Attorney General was not then engaged in making a decision about whether the President should be charged with obstruction of justice; the fact that he would not be prosecuted was a given,” wrote Jackson, an appointee of former President Barack Obama.
Jackson linked Justice Department’s effort to keep the memo secret to Barr’s initial descriptions of Mueller’s conclusions, declaring both efforts misleading.
‘Not only was the Attorney General being disingenuous then, but DOJ has been disingenuous to this Court with respect to the existence of a decision-making process that should be shielded by the deliberative process privilege,’ she wrote. ‘The agency’s redactions and incomplete explanations obfuscate the true purpose of the memorandum, and the excised portions belie the notion that it fell to the Attorney General to make a prosecution decision or that any such decision was on the table at any time.’” Read more at POLITICO
Austin Orders Overhaul to Better Protect Civilians During U.S. Combat Operations
A Pentagon plan envisions broad changes to military doctrine, planning and training aimed at mitigating the risk of harm to noncombatants.Abortion 'trigger' bans take effect in multiple states. What does that mean?
“New laws banning abortion took effect Thursday in three states – Oklahoma, Tennessee and Texas – two months after the U.S. Supreme Court overturned the 1973 landmark Roe v. Wade ruling that established a constitutional right to abortion. Two more states, North Dakota and Idaho, could also put in place more restrictive abortion laws this week, depending on upcoming judicial rulings. What do these laws change?
The main difference: The laws going into effect this week basically amount to a near-total ban on abortion.
•What is happening and why: All but the Oklahoma law are the result of so-called ‘trigger’ laws, bills approved in the past to ban abortion that would take effect only if the Supreme Court overturned Roe and gave states the power to severely limit or even outlaw the procedure.
•How many states have bans? Are more bans coming? Thirteen states have trigger bans that have taken effect, are scheduled to or are being reviewed by the courts. Experts project nearly double that amount will restrict or ban abortion at some point.
•State battles continue: An Idaho judge ruled that the state's strict abortion ban cannot be enforced in medical emergencies.” Read more at USA Today
Allie Ugley, middle, an Allen County resident, holds back tears after hearing the news that the "No" votes won on a proposed amendment to the Kansas Constitution from the Kansans for Constitutional Freedom election watch party at the Overland Park Convention Center in Overland Park, Kan., Tuesday, Aug. 2, 2022. (Evert Nelson/The Topeka Capital-Journal via AP) ORG XMIT: KSTOP673Evert Nelson, AP)
Austin Orders Overhaul to Better Protect Civilians During U.S. Combat Operations
A Pentagon plan envisions broad changes to military doctrine, planning and training aimed at mitigating the risk of harm to noncombatants.
“WASHINGTON — The Pentagon on Thursday announced sweeping changes aimed at reducing risks to civilians in U.S. military operations by fostering a culture in which those in the field view preventing such harm as a core part of their missions.
A 36-page action plan directs broad changes at every level of military planning, doctrine, training and policy in not only counterterrorism drone strikes but also in any future major conflict. It includes emerging war-fighting tactics like attacks on satellites and computer systems.
The directive contains 11 major objectives aimed at helping commanders and operators better understand the presence of noncombatants before any operations begin. It requires them to consider potential consequences for civilians in any airstrike, raid or other combat action.
It includes steps like embedding officials with the specific duty of mitigating civilian harm through the major commands and policy components of the Pentagon; imposing a new system to reduce the risks of confirmation bias and of misidentifying targets; and creating a 30-person center to handle departmentwide analysis, learning and training regarding civilian protection.
In a memo to top military commanders and civilian leaders, Defense Secretary Lloyd J. Austin III said the Pentagon must prioritize civilian protection and incorporate more attentive thinking about that goal as doctrine in its mission planning.
“We will ensure that we are well prepared to prevent, mitigate and respond to civilian harm in current and future conflicts,” Mr. Austin wrote, adding, ‘Importantly, this plan is scalable and relevant to both counterterrorism operations and large-scale conflicts against peer adversaries.’
(The term peer adversaries is widely understood to be shorthand for major nation-state competitors like Russia and China, which engage in space and cyberoperations as well as traditional air, land and sea combat.)” Read more at Bloomberg
Paxlovid COVID Pills Have No Benefit for Adults 40-65: Study
“Pfizer’s antiviral COVID pill Paxlovid has no measurable benefits for adults age 40 to 65, according to a large study of the drug published Wednesday. The treatment—which has become the go-to COVID medication in the U.S. owing to the fact that it can be administered easily at home—was found to be effective for older people in the 109,000-patient Israeli study. Paxlovid was found to reduce hospitalizations for people age 65 and older by 75 percent when given shortly after infection—a finding consistent with earlier trial results that, in part, led to the Biden administration ordering more than $10 billion of the drug. But those age 40 to 65 in the study saw little or no benefit from Paxlovid, an analysis of their medical records revealed. Biden himself and his wife, Jill, were both given Paxlovid when they developed COVID.” [The Daily Beast] Read more at USA Today
2M People Are No Longer Working Because of Long COVID
“A new report by the Brookings Institution found that 2 to 4 million Americans—roughly 1.8 percent of the U.S. civilian workforce—are not working due to ‘long COVID.’ Long COVID itself is not yet clearly defined or understood. But thanks to this report, its economic effects are coming into focus: The U.S. is losing roughly $170 billion a year in wages, and its labor force has shrunk dramatically since early 2000. Long COVID—a diffuse syndrome that can mean cognitive issues, extreme fatigue, and shortness of breath—can occur even after mild cases and last for months. The report estimates that around 16 million Americans have long COVID, and other countries have reported a similar chunk (around 1.8 percent of the entire labor force) unable to work. David Cutler is a health economist at Harvard who reviewed the report, and independently estimated the total cost of long COVID to be $3.7 trillion. This sum recognizes the cumulative effects of reduced income, reduced quality of life, and increased medical spending. He told The Wall Street Journal, “So if you say, is it worth it to spend $50 billion on long COVID...there’s almost no amount of money that you could spend that you could feel like is too much money.” Read it at The Wall Street Journal
Austin Orders Overhaul to Better Protect Civilians During U.S. Combat Operations
A Pentagon plan envisions broad changes to military doctrine, planning and training aimed at mitigating the risk of harm to noncombatants.
“WASHINGTON — The Pentagon on Thursday announced sweeping changes aimed at reducing risks to civilians in U.S. military operations by fostering a culture in which those in the field view preventing such harm as a core part of their missions.
A 36-page action plan directs broad changes at every level of military planning, doctrine, training and policy in not only counterterrorism drone strikes but also in any future major conflict. It includes emerging war-fighting tactics like attacks on satellites and computer systems.
The directive contains 11 major objectives aimed at helping commanders and operators better understand the presence of noncombatants before any operations begin. It requires them to consider potential consequences for civilians in any airstrike, raid or other combat action.
It includes steps like embedding officials with the specific duty of mitigating civilian harm through the major commands and policy components of the Pentagon; imposing a new system to reduce the risks of confirmation bias and of misidentifying targets; and creating a 30-person center to handle departmentwide analysis, learning and training regarding civilian protection.
In a memo to top military commanders and civilian leaders, Defense Secretary Lloyd J. Austin III said the Pentagon must prioritize civilian protection and incorporate more attentive thinking about that goal as doctrine in its mission planning.
‘We will ensure that we are well prepared to prevent, mitigate and respond to civilian harm in current and future conflicts,’ Mr. Austin wrote, adding, ‘Importantly, this plan is scalable and relevant to both counterterrorism operations and large-scale conflicts against peer adversaries.’
(The term peer adversaries is widely understood to be shorthand for major nation-state competitors like Russia and China, which engage in space and cyberoperations as well as traditional air, land and sea combat.)” Read more at New York Times
California to ban gas car sales by 2035
Justin Sullivan/Getty Images
“California plans to ban the sale of gasoline cars by 2035, in a move that could transform the auto industry and combat climate change.” [Vox / Umair Irfan]
“The new policy requires 35 percent of new vehicles sold to be emissions-free, hydrogen-powered, or plug-in hybrid by 2026, 68 percent by 2030, and 100 percent in 2035.” [Vox] Read more at Guardian / Dani Anguiano]
“Automakers could be fined about $20,000 for each car they deliver to dealers that exceeds those limits. Gas-powered cars will be allowed to remain on the road.” [Vox] Read more at Los Angeles Times / Tony Briscoe
“Transportation is the biggest source of US greenhouse gas emissions, which cause climate change. The new rule would help California slash its vehicle emissions an additional 50 percent by 2040.” [Vox] Read more at New York Times / Coral Davenport, Lisa Friedman, and Brad Plumer
“The EPA grants California special permission to set stricter car pollution standards, which 17 other states also typically follow.” [Vox] Read more at Associated Press / Kathleen Ronayne
“Several hurdles remain to reaching California’s target, including affordability, supply chain disruptions, and building enough charging stations for electric vehicles.” [Vox] Read more at Axios / Nathan Bomey
“California is getting some help from the recently passed Inflation Reduction Act, which provides tax credits for electric vehicles and encourages automakers to ramp up domestic production.” [Vox] Read more at Washington Post / Dino Grandoni and Evan Halper
Oklahoma Executes Man Despite Clemency Recommendation
James Coddington, who was convicted of murdering a co-worker with a hammer, is the first of 25 men the state is aiming to execute over the next 28 months.
“Oklahoma executed a man on Thursday for killing a co-worker in 1997, rejecting the recommendation of a state pardon board as it carried out the first in a series of 25 executions scheduled over the next 28 months.
James Coddington, 50, who admitted killing 73-year-old Albert Hale with a hammer, was executed by lethal injection at a state prison in McAlester, Okla.
Oklahoma resumed carrying out some executions in October 2021 after a pause of nearly seven years that followed a series of botched executions. But most of the state’s capital sentences remained on hold while a lawsuit over the use of a sedative in executions went to trial. When a judge upheld the use of the drug, Oklahoma scheduled 25 executions through December 2024, beginning with the one on Thursday.” Read more at New York Times
Remote Scan of Student’s Room Before Test Violated His Privacy, Judge Rules
A federal judge said Cleveland State University violated the Fourth Amendment when it used software to scan a student’s bedroom, a practice that has grown during the Covid-19 pandemic.
Programs that can remotely monitor students’ keystrokes and feeds from their cameras have become more popular during the coronavirus pandemic.Credit...Tony Dejak/Associated Press
“A federal judge said on Monday that it was unconstitutional for a university in Ohio to virtually scan the bedroom of a chemistry student before he took a remote test, a decision that could affect how schools use remote-monitoring software popularized during the Covid-19 pandemic.
The right to privacy of the student, Aaron M. Ogletree, outweighed the interests of Cleveland State University, ruled Judge J. Philip Calabrese of the U.S. District Court for the Northern District of Ohio. The judge ordered lawyers for Mr. Ogletree and the university to discuss potential remedies for the case.
The use of virtual software to remotely monitor test takers exploded during the first years of the coronavirus pandemic, when millions of students were suddenly required to take classes online to minimize the spread of the disease. Students and privacy experts have raised concerns about these programs, which can detect keystrokes and collect feeds from a computer’s camera and microphone.” Read more at New York Times
IRS to Start Spending Its $80 Billion Budget by Hiring People to Answer the Phone
Beefed-up enforcement will take time; for now, the IRS will use the money to hire customer-service representatives
A hiring spree at the IRS is the first step in a push to expand tax enforcement and modernize technology systems over the next decade at the agency.PHOTO: TING SHEN FOR THE WALL STREET JOURNAL
“WASHINGTON—The Internal Revenue Service is planning to spend the first big chunk of its $80 billion expanded budget to hire people who will answer taxpayers’ telephone calls during the 2023 tax-filing season.
The move is a mundane, patch-the-holes start for the transformation of the tax agency, which aims to beef up enforcement and modernize technology systems over the next decade using nearly $80 billion from the law that President Biden signed last week. That effort will take years as the IRS hires specialized enforcement staff, updates outdated computers and begins more intensive audits of high-income Americans and corporations.
The IRS expansion has generated political heat in the weeks since it became clear that Congress would pass it, with Republicans issuing warnings about armies of agents harassing small-business owners and the IRS ordering an internal security review amid threats to employees. The reality will play out over the years ahead as audit rates increase.
In the short term, however, officials are focusing on a pain point for taxpayers, who have struggled to reach a live IRS employee who can answer their questions. Recently only about one in 10 callers has been getting through to the IRS, according to National Taxpayer Advocate Erin Collins, an independent public representative inside the agency.” Read more at Wall Street Journal
IRS Revenue Boost From Stronger Enforcement Is Scaled Back in CBO Estimate
Income limits on household tax audits, staffing challenges are projected to trim what IRS can collect by $23 billion
Treasury Secretary Janet Yellen has directed the Internal Revenue Service not to raise audit rates above ‘historical levels’ for small businesses and households making under $400,000.PHOTO: JIM LO SCALZO/SHUTTERSTOCK
“Income limits on household tax audits and staffing challenges will reduce by $23 billion what the Internal Revenue Service is projected to collect from its expanded enforcement operations, according to the Congressional Budget Office.
The CBO outlined the revised estimate Thursday in a letter issued by its director, adjusting the projected 10-year revenue generated by the nearly $80 billion in IRS spending included in the law President Biden signed last week. The 10-year funding boost is now estimated to raise $180.4 billion, down from $203.7 billion, according to the CBO.
Treasury Department officials have long said the real numbers would be far higher; a spokeswoman declined to comment Thursday afternoon.
Congress passed the IRS funding increase this month, but that hasn’t ended the debate over how the extra funding will be spent and the potential burden it could impose on middle-income families. Republicans have been saying that many American taxpayers who aren’t tax cheats would suddenly face greater chances of time-consuming audits, while Democrats have said that the expanded IRS will focus on corporations and the highest-income households.
Treasury Secretary Janet Yellen tried to quell concerns earlier this month, directing the IRS not to raise audit rates above ‘historical levels’ for small businesses and households making under $400,000, the group Mr. Biden had said during his presidential campaign he would protect against tax increases.
Those restrictions will make the IRS less effective at policing the tax system, according to CBO.
‘It can use other enforcement activities instead, but they may not be as productive, and developing new ways of detecting noncompliance might take time,’ CBO Director Phillip Swagel wrote in Thursday’s letter to two Republican House members.
That constraint is compounded by a late change in the hiring powers granted to the IRS. Earlier versions of the plan would have given the agency more flexibility to accelerate a hiring process that can take many months and cause candidates to go elsewhere. The final version lacked the changes because of Senate procedural rules, and CBO now projects that the IRS will hire more slowly than had been expected.” Read more at Wall Street Journal
Dems' stunning turnaround
Illustration: Lindsey Bailey/Axios
“Passion about abortion rights has fueled a stunning turnaround in Democrats’ midterm fortunes.
75 days from Election Day, Democrats have a good chance of keeping the Senate. And keeping the GOP to a narrow win in the House is now a realistic possibility, Axios' Josh Kraushaar writes.
Why it matters: Inflation's slowdown and lower gas prices are big factors. But officials in both parties tell us abortion has animated Democratic engagement like no other issue since President Trump left office.
The result: A reset for a party that was defensive and disillusioned before the Supreme Court ruling in June that overturned Roe v. Wade.
What’s happening: Abortion has helped drive primary-season triumphs for Democrats both in fundraising — and in turnout that approaches, and in some cases exceeds, historic 2018 levels.
Over 922,000 Kansans showed up when an anti-abortion referendum was held in August — a significant turnout for a summer primary. The referendum failed by 18 points.
Tuesday's primaries provided the latest evidence:
Democrat Pat Ryan's unexpected victory in a House special election (NY-19), in a swing district in the Hudson Valley, was driven by a message centered on abortion. ‘Choice was on the ballot,’ Ryan declared in a victory tweet.
Ryan's ads focused on protecting abortion rights. His GOP opponent, Marc Molinaro, hammered Democrats over the economy and crime. Ryan won by 2 points in a district Biden carried by the same margin.
Recent polling confirms the growing significance of abortion rights in midterms.
A Pew Research Center poll this month found 56% of voters said abortion would be ‘very important’ in their midterm decision. That's up 13 points from Pew's March survey.
Reality check: Republicans have also been turning out at historically high levels throughout the primary calendar.” Read more at Axios
he next student-loan crisis
Illustration: Maura Losch/Axios
“President Biden's student debt cancellation plan is welcome news for millions of existing borrowers. But it does little to address college costs that will burden future students, Axios Pro Rata author Dan Primack writes.
Why it matters: Student Defense, a nonprofit that is pushing for broader systemic changes, compared the plan to bailing the water out of a sinking boat without plugging the leak.
Higher-ed costs are astronomical, including for graduate programs, even though ‘sticker price’ inflation has moderated in recent years.
Average in-state tuition for a four-year public university is $9,410 per year — and more than doubles to $23,890 for out-of-state students, per the College Board. Average four-year private university costs are $32,410, per year, or nearly $130,000 for the diploma.
For context, the median family income in 2021 was $79,900. If such a family has two in-state college students, 23.5% of their pre-tax income would be consumed by college costs (minus financial aid and/or federal loans). If the kids attend a four-year private school, it would be 81% of the family's pre-tax income.
Room and board not included.
Why costs are so high: The simplest answer is that schools have had little incentive to control costs, particularly when abundant student loans — both public and private — can make tuition rates appear more affordable than they really are.
Many schools are motivated to spend on big-ticket items, including new construction. That can attract wealthier students (including from overseas) who don't request financial aid. In the end, however, those costs often get passed down to everyone.” Read more at Axios
Disgraced Mario Batali Settles Sexual Misconduct Lawsuits
“The epic legal saga following a series of sexual assault allegations against international restauranteur Mario Batali might have reached its conclusion. The two Boston cases focused on claims that Batali groped two women in an area restaurant, though criminal charges in one of the cases was dismissed in May. Although it is currently unclear how much the settlement amounted to, the victim’s attorneys put out a joint statement identifying that ‘the matters have been resolved to the satisfaction of all parties,’ Reuters reported. Batali had settled previous harassment claims against 20 former employees to the tune of $600,000. The ‘Iron Chef’ was originally accused by eight women of sexual harassment and sexual assault in an explosive 2017 Eater article. In 2018, a 60 Minutes investigation unveiled more sexual assault allegations against the star. Batali rejected the accusations, but apologized for his actions, calling his behavior ‘deeply inappropriate’ and saying that he was ‘sincerely remorseful.’” [The Daily Beast] Read it at Eater
Citigroup Will Wind Down Russian Consumer Operations
Bank had tried to sell the unit before war in Ukraine began
A Citibank branch in Moscow.PHOTO: ANDREY RUDAKOV/BLOOMBERG NEWS
“Citigroup Inc. C 0.12%▲ will wind down its Russian consumer bank after attempts to sell the unit were stymied by Russia’s invasion of Ukraine and subsequent sanctions on the nation’s financial system, people familiar with the matter said.
The bank is expected to announce the decision later on Thursday, the people said.
The New York bank had said it would exit Russian consumer banking in April 2021, part of a broad pullback from international consumer operations. The bank had been in discussions to sell operations there to Russia’s VTB. U.S. and European authorities have since sanctioned VTB to weaken Russia financially and undermine Moscow’s war in Ukraine.
Executives had still hoped to sell the bank, which has branches in 10 cities throughout the country. In May, Chief Executive Jane Fraser said the bank was in active dialogue about selling the unit. But in July, she said, ‘we are considering the full range of possibilities to exit our consumer and commercial banking businesses, including portfolio sales.’
Citigroup opened the retail bank in 2002 to serve wealthier citizens. It serves some 500,000 clients in Russia.
Citi’s core business is serving multinational companies around the globe and is more exposed in Russia than other big U.S. banks. It has been cutting that exposure rapidly this year. In July, it said its worst case for losses on all the exposure was about $2 billion.” Read more at Wall Street Journal
“President Vladimir Putin ordered his army to boost its troop total by 137,000 to 1.15 million, the highest level in more than a decade, as Russia digs in for its war against Ukrainian forces backed by the US and its allies.” Read more at Bloomberg
France Considers Taxing Private Jet Use in Fight Against Climate Change
Government is drawing up plan for further regulating private jets as it ramps up its push to fight climate change
France is one of the first countries in the world to look at measures to curb private-jet use. PHOTO: HASAN BRATIC/ZUMA PRESS
“PARIS—France is exploring ways to rein in private-jet flights amid a growing backlash over the wealthy’s use of high-emitting planes to travel the distance of a car or train journey.
Clement Beaune, France’s transport minister, said President Emmanuel Macron had given him the green light to come up with a plan for further regulating and possibly taxing the use of private jets as the French government ramps up its push to fight climate change.
‘Behaviors will need to change, and they are changing already,’ Mr. Beaune told French TV station France 2 Thursday. ‘At the national level as well as at the European level, we can think about systems either of taxation or of regulation.’
France is among the first countries in the world to look at measures to curb private-jet use. The country has suffered record-setting heat in recent weeks, as well as raging wildfires and drought. The latest United Nations climate-science report says global warming has raised the risk of drought across the Mediterranean region. At the same time, the war in Ukraine has sent the price of fuel surging, prompting Mr. Macron’s government to urge citizens to cut down on their energy use.” Read more at Wall Street Journal
Spain Passes Law Requiring ‘Freely Expressed’ Consent for Sex
The law comes six years after the gang rape of an 18-year-old woman stirred mass protests and a general reckoning over the rights of sexual abuse victims.
“Six years ago, an 18-year-old woman was raped in a building lobby by five men during the bull-running festival in Pamplona, Spain. The men filmed it on a cellphone video, which showed her still and with her eyes shut during the assault.
Her case — and the initial failure to convict the men of rape — galvanized Spain, and on Thursday it helped inspire Parliament to pass a law on consent that observers say could transform sexual behavior in the country.
‘It is not my law, but a law for all the women, so let’s move on,’ the victim, whose identity has been protected by the authorities, told the Spanish newspaper El País.
Under the measure, any sex that takes place without clear consent can now be prosecuted as rape. Before passage of the law, for an act to be considered rape, it needed to involve some sort of violence or coercion. Otherwise it fell into the category of sexual abuse — a lesser crime.
Advocates of the new law have welcomed it as a strong statement about the rights of women, with Spain joining countries including Canada, Sweden and Denmark that have adopted a similar approach to rape and consent.
‘The feminist call of ‘only yes means yes’ has ‘finally become law in our country,’ Irene Montero, Spain’s minister of equality, said Thursday.” Read more at New York Times
A rally outside the Education Department in Washington in April.Kenny Holston for The New York Times
The bottom of the top
“Fewer than 40 percent of Americans graduate from a four-year college, and these college graduates fare far better than nongraduates on a wide range of measures. College graduates earn much more on average; are less likely to endure unemployment; are more likely to marry; are healthier; live longer; and express greater satisfaction with their lives. These gaps have generally grown in recent decades.
As a result, many economists have expressed skepticism about the idea of universal student-loan forgiveness. It resembles a tax cut that flows mostly to the affluent: Americans who attend and graduate college tend to come from the top half of the income distribution and tend to remain there later in life. College graduates are also disproportionately white and Asian.
‘Education debt,’ as Sandy Baum and Victoria Lee have written for the Urban Institute, ‘is disproportionately concentrated among the well-off.’
But the idea of loan forgiveness has nonetheless taken off on the political left. As Democrats have increasingly become the party of college graduates living in expensive metropolitan areas — and as the cost of college has continued rising, while income growth for many millennials has been disappointing — loan forgiveness has obvious appeal.
These crosscurrents put President Biden and his aides in an awkward position. Biden fashions himself as a working-class Democrat. (He is the party’s first presidential nominee without an Ivy League degree since Walter Mondale.) He did not initially campaign on a sweeping plan of college debt relief, adding it to his agenda only after he defeated more liberal candidates in the primaries, as a way to reach out to their supporters.
Yesterday, after months of behind-the-scenes work and internal debate, Biden finally announced his plan for loan forgiveness. And it is an attempt to find a middle ground.
A graduation in New Jersey.Seth Wenig/Associated Press
‘The worst of both’
By definition, the plan will not help the many Americans who do not go to college. But its benefits are targeted at lower-income college graduates and dropouts, especially those who grew up in lower-income families. Compared with other potential debt-forgiveness plans, Biden’s version is much more focused on middle-class and lower-income households.
It is restricted to individuals making less than $125,000 (or households making less than $250,000), which will exclude very high earners at law firms, in Silicon Valley and elsewhere. For anybody under this income threshold, the plan will forgive up to $10,000 in debt. For somebody who received Pell Grants in college — a federal program focused on lower-income families — the plan may forgive an additional $10,000.
More broadly, Biden also said he wanted to enact a new rule to restrict future payments on college loans to no more than 5 percent of a borrower’s discretionary income, down from between 10 percent and 15 percent now.
(My colleagues Ron Lieber and Tara Siegel Bernard have written a Q. and A. that is full of useful information about the plan.)
The emphasis of Biden’s plan partly reflects academic research that has found that the people who struggle the most to repay their loans don’t fit a common perception. They are less likely to be baristas with six figures in debt and a graduate degree than blue-collar workers who have a smaller amount of unpaid loans but never graduated college. That worker, Biden said yesterday, has the ‘worst of both worlds — debt and no degree.’
A study by Judith Scott-Clayton of Columbia University found that the loan-default rate for borrowers without any degree was 40 percent. For those with a bachelor’s degree, it was less than 8 percent.
The details of Biden’s plan mean that it targets the people most likely to default, rather than the caricature of them. ‘$10k will forgive ALL the debt of many millions of borrowers,’ Susan Dynarski, a Harvard University economist — and herself a first-generation college graduate — tweeted yesterday. As an example, she cited ‘those who went to community college for a semester or two.’
There is still some uncertainty about whether the plan will be implemented. Biden is enacting it through executive action because it seems to lack the support to pass in Congress, and opponents may challenge it in court.
‘Let the lawsuits begin over presidential authority,’ Robert Kelchen of the University of Tennessee predicted. ‘I wouldn’t count on forgiveness happening for a while, and it may go to the Supreme Court.’
More commentary
‘Thoughtful people disagree on student loan forgiveness,’ Arindrajit Dube, an economist at the University of Massachusetts, Amherst, wrote on Twitter. He praised the plan as a form of ‘disaster relief’ that addressed the struggles of younger workers during the decade-plus since the Great Recession began.
Matthew Chingos of the Urban Institute has noted that the income cap increases the share of debt forgiveness that flows to Black borrowers.
Susan Dynarski told me she was ‘thumbs up’ on the plan but wished people did not need to apply for forgiveness, because some would fail to do so. The government has the data it needs to cancel debt automatically, she said.
Progressive groups were mostly supportive of the plan. Indivisible called it a ‘bold move to improve the lives of working people.’
Mitch McConnell, the Republican Senate leader, said: ‘Biden’s student loan socialism is a slap in the face to every family who sacrificed to save for college, every graduate who paid their debt and every American who chose a certain career path or volunteered to serve in our Armed Forces in order to avoid taking on debt.’
Democrats in competitive elections had mixed reactions. Senator Raphael Warnock of Georgia called for even more debt relief. Representative Tim Ryan, running for an Ohio Senate seat, criticized the plan: ‘Instead of forgiving student loans for six-figure earners, we should be working to level the playing field for all Americans.’” Read more at New York Times
Psilocybin Therapy Sharply Reduces Excessive Drinking, Small Study Shows
Researchers said the results offered promise to the millions of Americans with alcohol use disorder.
A psilocybin capsule used in a study, published Wednesday, that helped heavy drinkers cut back or quit entirely.Credit...John Karsten Moran/NYU Langone Health, via Associated Press
“A small study on the therapeutic effects of using psychedelics to treat alcohol use disorder found that just two doses of psilocybin magic mushrooms paired with psychotherapy led to an 83 percent decline in heavy drinking among the participants. Those given a placebo reduced their alcohol intake by 51 percent.
By the end of the eight-month trial, nearly half of those who received psilocybin had stopped drinking entirely compared with about a quarter of those given the placebo, according to the researchers.
The study, published Wednesday in JAMA Psychiatry, is the latest in a cascade of new research exploring the benefits of mind-altering compounds to treat a range of mental health problems, from depression, anxiety and post-traumatic stress disorder to the existential dread experienced by the terminally ill.
Researchers said the results offered promise to the millions of Americans with alcohol use disorder.” Read more at New York Times
Illustration: Sarah Grillo/Axios
Megatrend watch: The percentage of Latinos identifying as Protestant is expected to double by 2030, rising from 25% to 50% in less than a decade.
Why it matters: The exodus of Latinos from Catholicism is helping reshape the political landscape in the U.S., Axios Latino co-author Marina E. Franco reports.
As recently as 2010, 67% of Hispanic adults identified as Catholic, according to Pew.
Latinos are one of the fastest-growing ethnic groups in The Church of Jesus Christ of Latter-day Saints worldwide, Axios Salt Lake City reporter Kim Bojórquez writes.
Data: PRRI American Values Atlas. Chart: Nicki Camberg/Axios
Common reasons for the switch, according to interviews conducted by sociologist Aida I. Ramos of John Brown University:
Some Latinos feel disconnected from the Catholic Church that they grew up with, and the Protestant ‘style of worship can feel less confined’ to them.
Protestant traditions offered them more community support.
Zoom out: The percentage of Latinos claiming no religious affiliation has been steadily rising, Axios Latino co-author Russell Contreras writes.
Religious ‘nones’ are the fastest growing segment in the Americas, even surpassing evangelicals, VCU Professor Andrew Chesnut told Axios.” Read more at Axios
“Investment professionals are warning that a Republican campaign seeking to wipe ESG off the financial map puts at risk the savings of ordinary Americans caught in the political crossfire. Environmental, social and governance investing is now under attack in the world's largest economy. Florida Governor Ron DeSantis this week banned state pension funds from screening for ESG risks. Texas is seeking to isolate financial firms it says are hostile toward the fossil-fuel industry. And in Arizona, Republican Senate nominee Blake Masters has characterized ESG scores as an existential threat to America. The development represents a rapid escalation of aggression toward an investing form that few people even knew existed five years ago. But the finance industry, which has increasingly embraced products promising to address issues like climate change and inequality, is striking back, arguing that Republican policies put the financial security of US savers in serious jeopardy.” —Natasha Solo-Lyons Read more at Bloomberg
Peloton’s Quarterly Loss Tops $1.2 Billion as Bike, Treadmill Sales Plunge
Maker of connected fitness equipment says efforts to cut costs and to restructure business around subscriptions are starting to take shape
Peloton’s fourth-quarter revenue fell nearly 30% from a year ago as Americans reverted to prepandemic habits.PHOTO: BESS ADLER FOR THE WALL STREET JOURNAL
“Peloton Interactive Inc. PTON -18.32%▼ posted a $1.2 billion loss in the most recent quarter and, in a race to save itself, is eschewing some fundamental aspects of its decade-old business model.
The once-hot maker of connected fitness equipment said Thursday that its quarterly revenue fell nearly 30% and warned it would spend more cash than it brings in for several more months. Peloton lost $2.8 billion in the year ended June 30, compared with a $189 million loss in the prior year.
Losses come as demand for Peloton’s bikes and treadmills has plunged and the company’s count of people who subscribe to its fitness classes stagnated after growing fourfold since early 2020. The company had about three million subscribers to its connected fitness offering at the end of the June quarter.
Peloton shares fell more than 18% to close at $11.01, as the company posted steeper losses and weaker revenue than analysts had projected. Its share price is down about 91% from a year ago.” Read more at Wall Street Journal
Djokovic, Who Remains Unvaccinated, Says He Will Miss U.S. Open
Djokovic said he wouldn’t be able to travel to New York for the tournament that begins next week. The U.S. has travel restrictions that require foreign visitors to be vaccinated against Covid-19.
“In January, Novak Djokovic went before a panel of judges in Australia, seeking special permission to play tennis in the country while being unvaccinated against Covid-19. After a last-ditch hearing, he was turned away.
Since then, countries like France and Britain have relaxed their travel restrictions, which allowed Djokovic, who has had Covid-19 at least twice but has steadfastly refused to get vaccinated, to compete. Yet on Thursday, Djokovic was forced to withdraw from the U.S. Open. Still not vaccinated, he was not allowed to come to New York.
The United States has lifted many of its restrictions related to the coronavirus and travel, but unvaccinated foreigners are still not allowed to enter the country, leaving one of the top stars in men’s tennis unable to play in one of the most important tournaments of the year.” Read more at New York Times
Photo: Timothy A. Clary/AFP via Getty Images
“Serena Williams practices ahead of facing Danka Kovinić in the U.S. Open on Monday — which could be Williams' last major as a professional.
Williams has won the U.S. Open singles tournament six times, with 23 total Grand Slam wins.” Read more at Axios
Teenage Aviator Circles the Globe Solo, Setting a Record
Mack Rutherford, 17, landed in Sofia, Bulgaria, on Wednesday, ending a 30-country, 30,000-mile journey and becoming the youngest pilot to circle the globe alone in a small plane.
“It can be boring to cross an ocean alone, but music helps. It can be lonely to spend the night on an uninhabited island with only sea gulls for company. And it is unnerving when your aircraft’s backup fuel tank stops working.
These are not a teenager’s typical challenges, yet this was how Mack Rutherford, a 17-year-old Belgian-British pilot, spent his summer break as he flew alone around the world.
On Wednesday, Mack landed in Bulgaria, ending a record-setting journey that made him the youngest person to fly solo around the world in a small plane. At about 5 p.m. local time, he guided his Shark Aero, an ultralight aircraft that was modified to carry extra fuel, into Sofia West Airport, southwest of Sofia, Bulgaria’s capital….
The moment marked the end of a challenging and sometimes lonely journey that took Mack nearly 30,000 miles, with stops in 30 countries, in the five months since he took off from the same airport on March 23. He was 16 at the time.
The feat has nudged Travis Ludlow of Britain out of the ranking as the youngest person to fly around the world alone in a small aircraft. It took Mr. Ludlow, who was 18 years (and 149 days) old when he set the record in 2021, 44 days to complete the 24,900-mile journey.
Solo flying, and breaking records doing it, runs in Mack’s family. He was at the controls of the same kind of aircraft that his sister, Zara Rutherford, then 19, was piloting when she set the world record in January as the youngest woman to fly solo around the world.” Read more at New York Times
Mack with his sister Zara after he landed in Pont-à-Celles, Belgium, on Tuesday. Zara Rutherford became the youngest woman to circle the globe solo last year, when she was 19.Credit...Olivier Hoslet/EPA, via Shutterstock
Brown University Acquires the Papers of Mumia Abu-Jamal
Abu-Jamal, convicted of the 1981 murder of a police officer, became the face of the anti-death penalty movement and a widely published commentator on the prison system.
Mumia Abu-Jamal’s personal archive contains more than 60 boxes of letters, notebooks, manuscripts, pamphlets, personal artifacts, books and other material.Credit...Philip Keith for The New York Times
“PROVIDENCE, R.I. — For years, Mumia Abu-Jamal was the face of the anti-death penalty movement in the United States. A former Black Panther sentenced to death in the 1981 murder of a police officer, he became a best-selling author and commentator in the early 1990s, as ‘Free Mumia’ became a staple of protests and T-shirts.
His prominence has faded since 2011, when after a series of appeals, the Philadelphia district attorney agreed to drop the death penalty. Abu-Jamal is currently serving a life sentence in a Pennsylvania prison. But now, the trove of paper he accumulated as one of America’s most famous prisoners has found a permanent home in a different kind of institution.
Brown University has acquired Abu-Jamal’s personal archive, more than 60 boxes of letters, notebooks, manuscripts, pamphlets, personal artifacts, books and other material. It had filled his cell on death row, before it was shipped a decade ago to the home of a scholar and friend, where it sat all but unseen.
Abu-Jamal’s archive will be held by the university’s John Hay Library, as part of its new Voices of Mass Incarceration collecting initiative, which is aimed at chronicling one of the most pervasive, hotly debated — and under-documented — aspects of American life.
‘The carceral system touches millions of lives,’ the library’s director, Amanda E. Strauss, said earlier this month, before offering a first glimpse at the archive. ‘And yet the historical archive has a scarcity of stories of incarcerated people.’” Read more at New York Times
Boxing Champ George Foreman Facing Rape Accusations
“Former world heavyweight boxing champion and grill king George Foreman has been accused of raping two women when they were teenagers in the 1970s. The lawsuits were filed on Wednesday in the Los Angeles Superior Court, and using the pseudonyms Gwen H. and Denise S., the women alleged they met Foreman when they were younger than 10 years old through their fathers, both of whom worked for Foreman at the time. It was at this time that he began grooming the girls, but it wasn’t until years later that they were assaulted, the lawsuit, obtained by The Hollywood Reporter, alleges. The women state that Foreman forced them to have sex with him in a variety of places, including a San Francisco hotel and an apartment in Beverly Hills. The women are seeking upward of $25 million. Foreman denied the allegations and said in a statement: ‘Over the past six months, two women have been trying to extort millions of dollars each from me and my family. They are falsely claiming that I sexually abused them over 45 years ago in the 1970s. I adamantly and categorically deny these allegations. The pride I take in my reputation means as much to me as my sports accomplishments, and I will not be intimidated by baseless threats and lies. I am, and always will be, guided by my faith and trust in God. I will work with my lawyers to fully and truthfully expose my accusers’ scheme and defend myself in court. I don’t pick fights, but I don’t run away from them either.’” [The Daily Beast] Read more at The Hollywood Reporter
Gerry Kulzer in 2020 when he temporarily filled in as a butter sculptor.Becky Church/Midwest Dairy
Grade AA art
“There’s been a changing of the guard in Minnesota. When the state fair opens today, Gerry Kulzer will be the official butter sculptor, taking over for a predecessor who held the role for 50 years.
A sculptor has carved blocks of butter into busts of the finalists in the fair’s dairy pageant since the 1960s. (The contest’s winner earns the title Princess Kay of the Milky Way.) Kulzer, an art teacher who usually works with clay, understands that his new medium will not be easy. ‘To capture a person’s likeness is really tough,’ he said. ‘Especially when you’re in a 40-degree refrigerator.’” Read more at New York Times
“Lives Lived: Known for his larger-than-life personality and his Vietnam War photographs, Tim Page was a model for the crazed photographer played by Dennis Hopper in ‘Apocalypse Now.’ Page died at 78.” Read more at New York Times