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If New York Got a Late Start, Then Trump Hasn’t Even Started Yet

One of President Trump’s current attempts to dodge accountability is to blame New York’s spiking COVID-19 deaths on its late start.

New York — and the nation, and the world — would have been far better off if Andrew Cuomo had imposed a shut-down on March 7, when he declared an emergency. But that was six days before Trump declared an emergency, perhaps because he was busy throwing a party on March 7 at which COVID was probably spread among his guests.

New York would have been far better off if it had imposed a state-wide shutdown instead of imposing a containment zone in New Rochelle on March 10. It would have been better off had Cuomo issued a stay-at-home order on March 16 instead of simply shutting down non-essential businesses and canceling gatherings of more than 50 people. But from that day on, Cuomo’s measures were more severe than anything Trump has recommended, which to this day only recommends seniors and those with pre-existing conditions stay at home.

It was probably too late when Cuomo issued a full stay-at-home order on March 20. Nevertheless, it was just one day after California’s, the only earlier full-state stay-at-home order, and it was actually before Washington’s (Tuesday Dr. Birx repeatedly commended Washington’s response).

So yes, New York didn’t respond as early as it should have (and Bill De Blasio in particular was irresponsible and slow).

But New York has always been — and remains — far ahead of what Trump has done.

So if Trump wants to accuse New York of responding slowly, he should first explain why he has always lagged New York’s response.

Trump’s Promise of Only 100,000 Deaths Assumes We Ignore Him

Court transcribers like Peter Baker and Mike Allen were very impressed with what they deemed a very somber new Donald Trump in yesterday’s COVID rally. At it, Trump warned that we’re going to have a hard two weeks ahead of us (and then, over an hour later, admitted in an offhand comment it might actually be three). He warned there were going to be a lot of deaths — then stepped aside so someone not up for election could explain that means upwards of 100,000 deaths. And so, Trump implored while promising everything would get better in two weeks (or maybe three), we need to follow White House 30 Days to Slow the Spread guidelines to ensure we can limit deaths to 100,000.

There are a couple of major problems with that.

First, those guidelines ask for 30 days, but Trump is just asking for two more weeks (or three, if you manage to watch over an hour of this stuff).

Then, as Dr. Deborah Birx noted repeatedly, that 100,000 best case scenario is based off the IHME projections. But the IMHE projections are based off adopting a more stringent level of social distancing than White House 30 Days to Slow the Spread guidelines — basically, stay at home orders — and they assume those orders will remain in place until the end of May, not April.

To be fair, starting before the time Trump was pushing to reopen the economy, a bunch of governors (most of them Democrats, including people like Jay Inslee, whom Trump has repeatedly attacked) decided to impose more stringent requirements than Trump was recommending. As of yesterday, 29 Governors had stay-at-home measures in place to match the IMHE projections. Republican die-hards Doug Ducey of Arizona and Greg Abbott of Texas even capitulated yesterday and imposed state-wide orders (though on second review Abbott’s is just a non-essential business closure).

But even as this presser was going on, Trump’s closest ally among the governors, Ron DeSantis, was digging in, claiming that the White House task force had never suggested to him that they should impose a stay-at-home.

“I’m in contact with (the White House task force) and I’ve said, are you recommending this?” DeSantis said. “The task force has not recommended that to me. If they do, obviously that would be something that carries a lot of weight with me. If any of those task force folks tell me that we should do X, Y or Z, of course we’re going to consider it. But nobody has said that to me thus far.”

Trump was even asked about this. In a presser where Trump and Birx suggested that New York had been really late in adopting social distancing (that’s not true: Andrew Cuomo imposed an order more stringent than Trump’s current guidelines on March 18, just two days after Trump first called for social distancing, and imposed a full stay-at-home on March 20, effective March 22, which was among the earliest full state shut-downs), Trump and Mike Pence also had nice things to say about DeSantis, with Georgia’s Brian Kemp, the last of the major state governors not have one.

Reporter: I wanted to ask you about individual states issuing stay at home or what do you think, for instance, in Florida, Ron DeSantis has resisted urges to issue one of those, but he said moments ago that if you and the rest of the task force recommended one, that would weigh on him heavily. What sort of circumstances need to be in place for you to make that call and say this is something you should consider?

Trump: Different kind of a state, also great Governor, knows exactly what he’s doing, has a very strong view on it, and we have spoken to Ron. Mike, you want to just to tell him a little bit about that.

Pence: Well, let me echo our appreciation for Governor DeSantis’ leadership in Florida. He’s been taking decisive steps from early on and working closely with our team at the federal level. But let me be very clear on this. The recommendation of our health experts was to take the 15 days to slow the spread, and have the President extend that to 30 days for every American. Now, that being said, we recognize that when you’re dealing with a health crisis in the country, it is locally executed by healthcare workers, but it’s state managed. And so we continue to flow information to state governors. We continue to hear about the data that they’re analyzing and consult with them. But at the President’s direction, the White House Coronavirus Task Force will continue to take the posture that we will defer to state and local health authorities on any measures that they deem appropriate. But for the next 30 days, this is what we believe every American and every state should be doing at a minimum to slow the spread.

Trump: So, unless we see something obviously wrong, we’re going to let these governors good. Now, it’s obviously wrong, I mean, people can make things, they can make a decision that we think is so far out that it’s wrong, we will stop that. But in the case of DeSantis, there’s two thoughts to it, and two very good thoughts to it, and he’s been doing a great job in every respect, so we’ll see what happens. But we only would exercise if we thought somebody was very obviously wrong.

Aside from some rural states and Georgia, just about the only entity in the country not telling DeSantis to shut his state full of especially vulnerable seniors down is the President.

According to the IHME projections (and assuming those aren’t hopelessly optimistic because of a known lag of test results in places like California), we might still make that 100,000 projection if DeSantis imposes a true lockdown within seven days. But he says he’ll only do that if President Trump gives him political cover to do so.

Effectively, then, the allegedly sober President yesterday said we might only have 100,000 deaths if people ignore him and one of his closest political allies, Ron DeSantis.

Update: DeSantis is announcing a stay-at-home order within the hour.

Trump Can’t Turn the Economy Back on Without Overriding Executive Orders of 30 Governors

Update: Between March 30 and April 1, most of the last big states — TX, AZ, MD, VA, and FL — imposed stay at home orders.

Update: I’ve updated this and reposted. At least six states have added stay at home orders since Trump said he wanted to reopen the economy by Easter. This post was originally published on March 24, just before mid-day.

As noted, yesterday Trump signaled that he wants to turn the economy back on, perhaps 15 days after his original Emergency declaration on March 13 (which would mean the emergency would end on Saturday, March 28). As Ron Klain just noted, though, Trump doesn’t have that ability: Governors, not the President, have been the ones to shut things down (along with a number of mayors and corporate executives).

It will be governors, not Trump, who decide when to reopen the economy.

Over the last week, a set of governors (currently 30) have issued stay-at-home orders; another (MA) imposed a suggested stay at home declaration, and a number of cities and counties have similarly shut down. This NYT story has a great map and numbers showing how many people are affected (though without durations or governor party affiliation).

As the list below makes clear, Trump can’t turn the economy back on without finding a way to rescind the executive orders of a bunch of governors, including those of Republicans Eric Holcomb (whose order goes until April 6), Mike DeWine (whose order goes until April 6), and Jim Justice (whose order doesn’t have a termination date).

Update: Trump just said, “I would love to have the country opened up and raring to go by Easter.”

Update: This has been updated through March 27. This is the most comprehensive list of orders I’ve seen, including those closing businesses as opposed to ordering people to stay at home (though as of today it is missing a business closure from AL’s Kay Ivey).

Update, March 30: Maryland’s Larry Hogan and Virginia’s Ralph Northam, whose initial non-essential business shutdowns had stopped short of a stay-at-home order, have both now issued the latter.


Full stay-at-home orders

  1. Alabama (Republican Governor Kay Ivey) Imposed April 3, effective April 4.
  2. Alaska (Republican Governor Mike Dunleavy): Imposed March 27, effective March 28, in effect until April 11.
  3. Arizona (Republican Governor Doug Ducey): Imposed March 30, effective March 31, in effect until April 30. Some city flexibility on order.
  4. California (Democratic Governor Gavin Newsom): Imposed and effective March 19, in effect “until further notice.”
  5. Colorado (Democratic Governor Jared Polis): Imposed March 25, effective March 26, in effect until April 11.
  6. Connecticut (Democratic Governor Ned Lamont): Imposed March 20, effective March 23, effective through April 22. (Order)
  7. Delaware (Democratic Governor John Carney): Imposed March 22, effective March 24, in place until May 15 or public health threat eliminated. (Most recent order)
  8. District of Columbia (Democratic Mayor Muriel Bowser): Imposed March 30, effective April 1.
  9. Florida (Republican Governor Rick DeSantis): Imposed April 1, effective April 3, effective until April 30.
  10. Georgia (Republican Governor Brian Kemp): Imposed April 2, originally effective until April 13; extended on April 8 until April 30.
  11. Hawaii (Democratic Governor David Ige): Imposed March 23, effective March 25, effective through April 30.
  12. Idaho (Republican Governor Brad Little): Imposed and effective March 25, effective 21 days (though April 15).
  13. Illinois (Democratic Governor JB Pritzker): Imposed March 20, effective March 21, effective until April 7. (Order)
  14. Indiana (Republican Governor Eric Holcomb): Imposed March 23, effective March 24, effective until April 6. (Most recent orders)
  15. Kansas (Democratic Governor Laura Kelly): Imposed March 28, effective March 30, effective until April 19.
  16. Louisiana (Democratic Governor John Bel Edwards): Imposed March 22, effective March 23, in place until April 13.
  17. Maryland (Republican Governor Larry Hogan): Imposed and effective March 30.
  18. Michigan (Democratic Governor Gretchen Whitmer): Imposed March 23, effective March 24, in place until April 13. (The state announcement, but not the order itself, states the order will be in place “at least” three weeks.)
  19. Minnesota (Democratic Governor Tim Walz): Imposed March 25, effective March 27, effective until April 10.
  20. Mississippi (Republican Governor Tate Reeves): Imposed April 1, effective April 3, effective until April 20.
  21. Missouri (Republican Governor Mike Parson): Imposed April 3, effective April 6, effective until April 24.
  22. Montana (Democratic Governor Steve Bullock): Imposed March 27, effective March 28, effective until April 10.
  23. Nevada (Democratic Governor Steve Sisolak): Imposed April 1, effective April 1, effective until April 30.
  24. New Hampshire (Republican Governor Chris Sununu): Imposed March 26, effective March 27, effective until May 4.
  25. New Jersey (Democratic Governor Phil Murphy): Imposed and effective March 21, effective until further notice.
  26. New Mexico (Democratic Governor Michelle Lujan Grisham): Imposed March 23, effective March 24, in place until April 10.
  27. New York (Democratic Governor Andrew Cuomo): Imposed March 20, effective March 22, in place until April 19. (Most recent orders available here.)
  28. North Carolina (Democratic Governor Roy Cooper): Imposed March 27, effective March 30, effective for 30 days (until April 29).
  29. Ohio (Republican Governor Mike DeWine): Imposed March 22, effective March 23 in place until April 6.
  30. Oregon (Democratic Governor Kate Brown): Imposed and effective March 23, effective until terminated. (Order)
  31. Pennsylvania (Democratic Governor Tom Wolf): Imposed and effective April 1, effective until April 30.
  32. Rhode Island (Democratic Governor Gina Raimondo): Imposed and effective March 28, effective until April 13.
  33. South Carolina (Republican Governor Henry McMaster): Imposed April 6, effective April 7.
  34. Vermont (Republican Governor Phil Scott): Imposed March 24, effective March 25, effective until April 15.
  35. Virginia (Democratic Governor Northam): Imposed and effective March 30, effective until June 10.
  36. Washington (Democratic Governor Jay Inslee): Imposed March 23, effective March 26, effective until April 8.
  37. West Virginia (Republican Governor Jim Justice): Imposed March 23, effective March 24, effective until terminated. (Order)
  38. Wisconsin (Democratic Governor Tony Evers): Imposed March 23, effective March 25, effective until April 24.

Non-essential business closures

  1. Alabama (Republican Governor Kay Ivey)
  2. Kentucky (Democratic Governor Andy Beshear)
  3. Maine (Democratic Governor Janet Mills)
  4. Oklahoma (Republican Governor Kevin Stitt)
  5. Tennessee (Republican Governor Bill Lee)
  6. Texas (Republican Governor Greg Abbott)

Government Invokes Valerie Plame to Argue CIA Acknowledgment that Bush Authorized Torture Is Not Official Acknowledgment

As you’ll recall, back in April I went on a week-long rant about the great lengths–including submitting a secret declaration from the National Security Advisor–the Obama Administration had gone to hide a short reference to the September 17, 2001 “Gloves Come Off” Memorandum of Notification. In doing so, it appears the Obama Administration hid George Tenet’s invocation of the Presidential MON that authorized the capture and detention of terrorists but which the Bush Administration used as its authorization to torture those alleged terrorists. (post 1, post 2, post 3, post 4, post 5, post 6, post 7)

In a classified hearing on March 9, the government claimed that releasing the reference in question would “reveal[] for the first time the existence and the scope of” what now clearly appears to be the MON. After I went on my rant, the ACLU informed the Circuit Court that the claim might be false. If the reference was indeed to the MON, ACLU wrote, then the CIA had already revealed that the September 17, 2001 MON authorized torture in this litigation.

If true, it may be relevant to this Court’s consideration that the CIA officially acknowledged the existence of that memorandum in this very litigation.

In response to appellees’ Freedom of Information Act request, the CIA identified as responsive “a 14-page memorandum dated 17 September 2001 from President Bush to the Director of the CIA pertaining to the CIA’s authorization to detain terrorists” and “to set up detention facilities outside the United States.” Eighth Declaration of Marilyn A. Dorn

On Friday, the government responded, effectively saying that Marilyn Dorn’s declaration doesn’t count as official acknowledgement of the MON.

For the reasons set forth in the Government’s classified filings, the disclosures identified in plaintiffs’ letter, including the information provided in the Dorn declaration, do not constitute an official disclosure of the information redacted from the OLC memoranda.

Notably, in its discussion of the cases which it cited to support its claim that Dorn’s description of the MON doesn’t count, it also included language that would address John Rizzo’s extensive blabbing about the MON as well as Glenn Carle’s CIA Publication Review Board-approved reference to CIA having received a Finding covering torture (neither of which the ACLU mentioned in its letter). But look what case they cited to make that argument.

This Court applies “[a] strict test” to claims of official disclosure. Wilson v. CIA, Read more