Category: Law

My Conversation with Stanley McChrystal

Here is the audio, video, and transcript.  Here is part of the CWT summary:

He joined Tyler to discuss whether we’ve gotten better or worse at analyzing risk, the dangerous urge among policymakers to oversimplify the past, why being a good military commander is about more than winning battlefield victories, why we’re underestimating the risk that China will invade Taiwan, how to maintain a long view of history, what set Henry Kissinger apart, the usefulness of war games, how well we understand China and Russia, why there haven’t been any major attacks on US soil since 9/11, the danger of a “soldier class” in America, his take on wokeness and the military, what’s needed to have women as truly senior commanders in the armed forces, why officers with bad experiences should still be considered for promotion, how to address extremists in the military, why he supports a draft, the most interesting class he took at West Point, how to care for disabled veterans, his advice to enlisted soldiers on writing a will, the most emotionally difficult part and greatest joys of his military career, the prospect of drone assassinations, what he eats for his only meal of the day, why he’s done writing books, and more.

And:

COWEN: If we had to shrink one capacity of the military, say, by 50 percent, and double the capacity of another, what would you pick to shrink and what to expand?

MCCHRYSTAL: This is always the tough one. I tend to think that the maneuver warfare part that we have created for ground warfare in Europe or in the Mideast is probably somewhere where we have to accept some risk. We have to have fewer capabilities there. You could even argue maybe the number of aircraft carriers — big capital things.

I think where we can’t afford — and therefore, I would invest — is in really good people. Now, that seems like a simplistic answer, but we are going to need very crafty people at things like cyber warfare. We’re going to need very innovative people. We’re going to need people with cultural acuity, which means language skills, and that’s going to be more important. So if I was advocating, I’d be leaning toward resourcing harder in those areas.

COWEN: Now, of course, your father was a general. You come from a military family. Why is it that military recruitment, right now, is so well predicted by having had a parent in the armed forces? What’s driving that? And how can we take advantage of that to recruit additional people?

MCCHRYSTAL: Well, we’ve taken advantage of it to the point where it may be counterproductive now. When I would travel the battlefields and go to small bases, invariably, the sergeant or lieutenant in charge was the son or daughter of a friend of mine. In one way, it’s comforting because you know people have entered the service with open eyes and clear expectations, and they make good soldiers, but you don’t want a soldier class in America.

Definitely recommended, there is also a segment about disabled veterans and their rights.  And again here is Stan’s new book Risk: A User’s Guide, co-authored with Anna Butrico.

Make TeleMedicine Permanent

One of the silver linings of the pandemic was the ability to see a doctor and be prescribed medicine online. I used telemedicine multiple times during the pandemic and it was great–telemedicine saved me at least an hour each visit and I think my medical care was as good as if I had been in person. I already knew I had poison ivy! No need for the doctor to get it also.

Telemedicine has been possible for a long time. What allowed it to take off during the pandemic wasn’t new technology but deregulation. HIPAA rules, for example, were waived for good faith use of standard communication technologies such as Zoom and Facetime even though these would ordinarily have been prohibited.

The Federal Ryan Haight Act was lifted which let physicians prescribe controlled substances (narcotics, depressants, stimulants, hallucinogens, and anabolic steroids) in a telemedicine appointment–prior to COVID an in-person appointment was required.

Prior to COVID Medicaid and Medicare wouldn’t pay for many services delivered over the internet. But during the pandemic the list of telemedicine approved services was expanded. Tennessee, for example, allowed speech therapists to bill for an online session. Alaska allowed mental health and counseling services and West Virginia allowed psychological testing to be delivered via telemedicine. Wisconsin allowed durable medical equipment such as prosthetics and orthotics to be prescribed without a face-to-face meeting.

Another very important lifting of regulation was allowing cross-state licensing which let out-of-state physicians have appointments with in-state patients (so long, of course, as the physicians were licensed in their state of residence.)

The kicker is that almost all of these changes are temporary. Regulatory burdens that were lifted for COVID will all be reinstated once the Public Health Emergency (PHE) expires. The PHE has been repeatedly extended but that will only push off the crux of the issue which is whether many of the innovations that we were forced to adopt during the pandemic shouldn’t be made permanent.

Working from home has worked better and been much more popular than anyone anticipated. Not everyone who was forced to work at home because of COVID wants to continue to work at home but many businesses are finding that allowing some work from home as an option is a valuable benefit they can offer their workers without a loss in productivity.

In the same way, many telemedicine innovations pioneered during the pandemic should remain as options. No one doubts that some medical services are better performed in-person nor that requiring in-person visits limits some types of fraud and abuse. Nevertheless, the goal should be to ensure quality by regulating the provider of medical services not regulating how they perform their services. Communications technology is improving at a record pace. We have moved from telephones to Facetime and soon will have even more sophisticated virtual presence technology that can be integrated with next generation Apple watches and Fitbits that gather medical information. We want medical care to build on the progress in other industries and not be bound to 19th and 20th century technology.

The growth of telemedicine is one of the few benefits of the pandemic. As the pandemic ends, let’s make this silver lining permanent.

Worrying Sentence(s) of the Day

NYTimes: An examination of hundreds of health departments around the country shows that the nation may be less prepared for the next pandemic than it was for the current one.

…State and local public health departments across the country have endured not only the public’s fury, but widespread staff defections, burnout, firings, unpredictable funding and a significant erosion in their authority to impose the health orders that were critical to America’s early response to the pandemic.

People have had it. Let’s hope we aren’t tested again soon.

FDA relents on mix and match for third dose

Here is the NYT account, they sound both confused and confusing.  How about “if you have had J&J, it is fine and probably preferable to get a further dose of Moderna or Pfizer”?  Yet suddenly it is fine.

And it is the usual story — people have been doing this for months, and the FDA would not say it is terrible.  Because they knew it wasn’t.  But they wouldn’t say so.  And now the status quo has shifted, and so everyone will treat it as fine, as if the supposed fears of yesterday never ever existed.

Maybe I should insult people more often?

Some of them are frauds

The panel also seemed intrigued by preliminary data suggesting that Johnson & Johnson recipients may be better off with a booster shot from Moderna or Pfizer. Although no vote was taken, Dr. Peter Marks, who oversees the F.D.A.’s vaccine division, said regulatory action to allow boosters with a different vaccine was “possible.”

While some experts emphasized that the data was based on small groups of volunteers and short-term findings, others urged the F.D.A. to move quickly with what has fast become known as a mix-and-match approach, especially for recipients of Johnson & Johnson’s vaccine, which is much less widely available.

“I’m sold already,” said Dr. Mark Sawyer, an infectious disease specialist with the University of California San Diego School of Medicine. “We need flexibility and to improve access to everyone.”

Others said they worried that the public would end up bewildered if the government kept broadening the categories of people eligible for boosters and which vaccine could be used for extra shots.

“I hope we can do this in a way that doesn’t look like we’re changing rules all the time,” said Dr. Stanley Perlman, a professor of immunology at the University of Iowa.

Health officials and committee members suggested on Friday that the single-shot Johnson & Johnson vaccine had long been less protective. In a particularly biting critique, Dr. Amanda Cohn, a high-ranking C.D.C. medical officer, said a single dose of Johnson & Johnson’s vaccine offered less protection than two doses of the mRNA vaccines made by Pfizer or Moderna — a gap that would only grow if it remained a one-shot regimen while the other two-shot vaccines were followed by a booster…

The experts generally agreed that the protection conferred by a single dose was inadequate, but at least some were unconvinced that the second dose would bolster that protection significantly.

The smart people I know who started with J&J took this matter into their own hands some time ago, typically opting for an mRNA supplement.  They are just “people,” yet they had “skin in the game” and they are miles ahead of the FDA and CDC as formal institutions.  Here is a research paper on the question.  Here is another.  And here is a Paul Sax tweet and Op-Ed: “Don’t know anyone who disagrees with this, and the data have been highly suggestive for months.”  And this is after the authorities insisted for months that all vaccines will be treated the same.

Again, I will repeat the perennial question: do our public health agencies wish to maximize their own status and control and feeling of “having done everything properly as they were trained,” or do they wish to maximize the expected value of actual outcomes for the citizenry?  If it is not the latter, and too often it is not, I say they are oppressive frauds.  (And please don’t try to tell me this kind of craperoo is boosting their credibility — in fact they have lost massive credibility with America’s public intellectual class, both left wing and right wing and for that matter centrist.)

I really do not have much sympathy for Kyrie Irving and Bradley Beal and their ilk, but in fact their views are more understandable than you might think from reading MSM.  Their generalized mistrust is not so crazy, even though they are quite wrong in this particular instance.  By the way, don’t take those aspirin any more!

Here is the full NYT article, cringeworthy throughout, and I thank Jordan for the pointer.

Fasten your seat belts…

New Stablecoin Charter Could Hinge on National Bank Act Rewrite

A special-purpose banking charter for stablecoin issuers – one of the potential options for federal regulators to rein in the risks posed by the digital asset – may require a revamp of the National Bank Act, the statute that defines the “business of banking,” analysts said in an American Banker piece this week. The prospect of the Biden Administration urging Congress to authorize such a charter was recently reported by the Wall Street Journal. The National Bank Act stipulates that the core activities for national banks are taking deposits, making loans and facilitating payments. The same statute is at the center of legal disputes over the OCC’s FinTech charter that would allow firms engaging in only one of those activities to receive a banking charter and essentially act as a bank.

That is from an email I received from BPInsights.

Hunting the Satanists

Michael Flynn, the former Trump National Security Advisor and QAnon promoter, is now being accused by QAnon of being a Satanist.

…Flynn’s trouble started on Sept. 17, when he led a congregation at Nebraska pastor Hank Kunneman’s Lord of Hosts Church in prayer. Flynn’s prayer included invocations to “sevenfold rays” and “legions,” two phrases that struck some of Flynn’s followers as strange.

…As video of the prayer circulated in online conspiracy theorist groups, the references to “legions” and “rays” soon sparked speculation among Flynn’s right-wing supporters that their hero had been lured to the dark side. Always on the lookout for the Satanic influence they imagine lurks at the heart of the world, they claimed that Flynn had secretly been worshiping the devil. Worse, since the congregation was repeating the prayer after Flynn, the rumor went, he had duped hundreds of Christians into joining the ritual.

…Flynn isn’t the first right-wing figure tied to QAnon to see its acolytes turn on him. Oklahoma Senate candidate Jackson Lahmeyer, whose challenge to Sen. James Lankford (R-OK) has been endorsed by Flynn, appeared at an April pro-QAnon conference with Flynn in Tulsa.

A few months later, however, Lahmeyer posted a seemingly innocent picture of his daughter wearing red shoes—apparently unaware that QAnon followers consider red shoes to be yet another sign of their imagined Satanic sex-trafficking cabal. Lahmeyer was soon caught up in a QAnon controversy of his own.

“Unfortunately, I have to say it because people are asking me,” Lahmeyer wrote in a Facebook post. “I’m in no way involved in Child Sex Trafficking, pedophilia or devil worship.”

Now, here’s another story–this one about an email sent by a Yale law student from the Native American Law Students Association (NALSA) to fellow classmates. The email in question reads:

SUP NALSA,

Hope you’re all still feeling social! This Friday at 7:30 we will be christening our very own (soon to be) world=renowned NALSA Trap House….by throwing a Constitution Day Bash in collaboration with FedSoc. Planned abstractions include Popeye’s chicken, basic-bitch-American-themed snacks (like apple pie, etc.), a cocktail station, assorted hard and soft beverages, and (most importantly) the opportunity to attend the NALSA Trap House’s inaugural mixer!

Hope to see you all there!

The email seems to me like a light-hearted invitation to a party but, of course, not being one-of-the-elect I can’t read the secret, esoteric meaning. According to Yale’s Diversity office the email was actually a coded message to celebrate white supremacy with a blackface party.

Just 12 hours after the email went out, the student was summoned to the law school’s Office of Student Affairs, which administrators said had received nine discrimination and harassment complaints about his message.

At a Sept. 16 meeting, which the student recorded and shared with the Washington Free Beacon, associate dean Ellen Cosgrove and diversity director Yaseen Eldik told the student that the word “trap” connotes crack use, hip hop, and blackface. Those “triggering associations,” Eldik said, were “compounded by the fried chicken reference,” which “is often used to undermine arguments that structural and systemic racism has contributed to racial health disparities in the U.S.”

Eldik, a former Obama White House official, went on to say that the student’s membership in the Federalist Society had “triggered” his peers.

…Throughout the Sept. 16 meeting and a subsequent conversation the next day, Eldik and Cosgrove hinted repeatedly that the student might face consequences if he didn’t apologize—including trouble with the bar exam’s “character and fitness” investigations, which Cosgrove could weigh in on as associate dean.

…When the student hadn’t apologized by the evening of Sept. 16, Eldik and Cosgrove emailed the entire second-year class about the incident. “[A]n invitation was recently circulated containing pejorative and racist language,” the email read. “We condemn this in the strongest possible terms” and “are working on addressing this.”

The two cases illustrate that the worldview of QAnon and Yale’s diversity office are surprisingly similar. Both see a world in which Satan, literal or metaphorical, is an active force in the world corrupting individuals and institutions. Satan is powerful but hidden. He only reveals his influence when the corrupted slip-up and by the incorrect use of a word, phrase, or gesture reveal their true natures.

Since Satan is powerful and hidden the good people must constantly monitor everyone. The moment a slip-up is spotted, no matter how small, the corrupted must be denounced because anyone who even unwittingly associates with the corrupted will themselves become corrupted. “Legions”and “rays”? Satanist! “Trap House.” Satanist! “Red shoes.” Sex-trafficker! “Federalist Society.” Satanist society! Repeating the prayer? Duping hundreds of Christians into joining the ritual! Attending a party? We condemn this in the strongest possible terms! Condemn the non-believers to HELL! It’s all the same.

The other similarity, of course, is that both views are disturbingly common and completely bonkers.

Photo Credit: Wikipedia.

Medieval Coasean warfare?

Politics thus gained a new intensity after the Conquest, and yet they were also less bloody.  In the great Anglo-Norman and English battles between 1106 and 1264, as in the more general ravaging warfare, very few nobles were ever killed.  The immediate reason, as Orderic stressed, was the protection of armour, but ultimately any knight could be surrounded and disarmed.  The key point was that when this moment came he simply surrendered and was taken off for ransom.  The institution of ransom was, therefore, absolutely central to the failsafe warfare enjoyed by the nobility in this period.  Indeed the whole aim in battle was to capture, not to kill, a noble opponent.  There was here a wider context because politics too, not just warfare, was largely bloodless.  It is a remarkable fact (and one quite contrary to usual perceptions of the Middle Ages) that between Waltheof’s demise in 1076 and Gaveston’s in 1312 not a single English earl, and indeed hardly a single baron, was executed (or murdered) in England for political reasons.

That is from the excellent and highly substantive book by David Carpenter, The Struggle for Mastery: The Penguin History of Britain, 1066-1284.  Wasn’t there also a JLE piece about this kind of warfare?

Covid scam arbitrage

It sounded like the ultimate COVID-era travel bargain: five-star hotels in Manhattan at a 60 percent discount. “I do not know exactly what hotel u would be place but I know it would be 5 star hotel … be cash app ready!!” read a Facebook post hyping the deal. A Cash App–only hotel promotion might raise a few red flags, but trust that the rooms were very much real — they were just supposed to be set aside for COVID patients and health-care providers. The scam was uncovered after four months of excellent business, and this week, federal prosecutors charged Chanette Lewis with fraudulently booking New York’s emergency COVID hotel rooms using health-care workers’ stolen personal information. Lewis, 30, and three other accomplices are alleged to have advertised the rooms on Facebook and to have made a whopping $400,000 by booking more than 2,700 nights’ worth of stays in the spring and summer of last year.

Lewis, whose actual job was to book quarantine rooms on behalf of the city, had access to health-care workers’ personal information through her work at the Office of Emergency Management. But she allegedly used their credentials to book stays for her guests instead, making it look like they had been exposed to COVID. “I stole some doctor numbers and emails … I was writing down they employed ID number lmao,” prosecutors say Lewis wrote in a Facebook message. The hotel rooms, which would normally run hundreds of dollars a night, went for only $50 a night and $150 for the week. She then took the cash, prosecutors say, and the city was billed for the rooms. The grift went so well that Lewis recruited others to help her out. “I wanna teach u the ropes of it,” she messaged her co-conspirator Tatiana Benjamin, 26, in June. Her guests did the opposite of quarantine; some threw parties and, as one special agent for the U.S. Attorney ominously put it, “engaged in violence.”

Here is the full story, via Air Genius Gary Leff.

Solve for the Kiwi Covid equilibrium?

Elimination was so popular with voters that every major political party backed it.

But over the past two weeks, the National, Act and Green parties have all peeled off from the government, vocally denouncing the new approach or offering new plans of their own. Ardern and her ministers continue to equivocate on whether elimination is over at all – a hemming and hawing that Smith says could hinder them from communicating a clear new vision for New Zealand’s path forward.

In one sense, Ardern could now be a victim of her own success, says Ben Thomas, a communications consultant and former National government staffer. The government’s elimination campaign was so compelling and its results so strong, that it won huge support – polling above 80% through most of the pandemic.

“Part of the prime minister’s problem is that she did such a good job of rallying New Zealanders to this cause, of convincing them – correctly – that elimination was an achievable goal, and of instilling a real fear of the virus. That’s a very hard thing to unwind from,” Thomas says.

Smith says: “Elimination was something that New Zealanders could be proud of, it brought us together and became a common goal.” And the challenge now is to find – what is the common goal during a suppression strategy? Probably vaccination rates – but to give us this same pride that we had last year in our Covid response again that is the big challenge facing Jacinda and her team now.”

The most likely candidate for that new vision is vaccination, but it’s harder to capture the urgency of that message while simultaneously arguing the country is still eliminating the virus.

Here is the full story, via Rich Dewey.

The Promising Pathway Act

Operation Warp Speed showed that we can move much faster. FDA delay in approving rapid tests shows that we should move much faster. There is a window of opportunity for reform. The excellent Bart Madden and Siri Terjesen argue for the Promising Pathways Act.

One particularly exciting development is the Promising Pathway Act (PPA), recently introduced in Congress. PPA would reduce bureaucracy via legal changes and provide individuals with efficient early access to potential new drugs.

Under PPA, new drugs will receive provisional approval five to seven years earlier than the status quo via a two-year provisional approval. Drugs that demonstrate patient benefits could be renewed for a maximum of six years, and the FDA could grant full approval at any time based on real-world as opposed to clinical trial data documenting favorable treatments results.

The PPA allows patients, advised by their doctors, to choose early access to promising but not-yet-FDA -approved drugs. Patients and doctors would make informed decisions about using either approved or new medicines that demonstrate safety and initial effectiveness compared to approved drugs.

…Patients and doctors can log into an internet registry database for early access drugs that would contain treatment outcomes, side effects, genetic data, and biomarkers. Scientific researchers, as well as patients, will also benefit from the identification of subgroups of patients who do exceptionally well or fail to respond.

Data from the registry will open knowledge pathways to improve the biopharmaceutical industry’s research outlays to benefit future patients.

With radically lower regulatory costs plus heightened competition as more companies participate, expect substantially lower prescription drug prices for provisional approval drugs.

Here is the text of the PPA.

FDA Approves American Rapid Antigen Test

I wrote earlier:

What makes the FDAs failure to approve more rapid antigen tests even more galling is that the test being sold cheaply in the Amsterdam supermarket is the Flowflex, an American test made by Acon Labs in San Diego.

Well the FDA has finally approved the Acon test! Apparently it is good enough for the Germans and for US citizens. Hoorah! USA Today notes:

ACON expects to make 100 million tests per month by the end of this year. Production could double to 200 million monthly tests by February, according to the FDA.

…The United Kingdom and Germany have made significant purchases of home tests and widely distributed them to their residents to slow the spread of coronavirus. Such large government purchases allowed manufacturers to continue making tests even when demand softened as cases dropped.

The Biden administration will spend nearly $1.2 billion to purchase up to 187 million home tests from Abbott Laboratories and Celltrion Inc., company officials confirmed. The Department of Defense announced additional contracts totaling $647 million to buy 60 million kits from Abbott and three other testing vendors: OraSure Technologies, Quidel and Intrivio Holdings.

The FDA has authorized seven antigen-based tests that can be used at home without a prescription. The EU has authorized 21 tests beginning with the letter A (I am not sure all of these are authorized for home use but you get the idea.) Turtle slow. Still this is a big improvement.

Frankly, I think all the pressure from people like Michael Mina amplified by myself and others over 18 months and culminating in David Leonhartd’s NYTimes article Where Are the Tests? finally pushed them over the edge.

Revisionism on Deborah Birx, Trump, and the CDC

Photo Credit: Official White House Photo by Shealah Craighead

In October of 2020 Science published a long article by Charles Piller titled Undermining CDC with the subtitle “Deborah Birx, President Donald Trump’s COVID-19 coordinator, helped shake the foundation of a premier public health agency.” The article focuses on a battle between Deborah Birx and the CDC over collecting data from hospitals with the basic message that Birx was an arrogant Trump tool who interfered with the great CDC. One year later, much of the article has a different cast beginning with “premier public health agency”. Hmmpfff. The opening now reads to me as almost laughable:

Zaidi lifted her mask slightly to be heard and delivered a fait accompli: Birx, who was not present, had pulled the plug on the Centers for Disease Control and Prevention’s (CDC’s) system for collecting hospital data and turned much of the responsibility over to a private contractor, Pittsburgh-based TeleTracking Technologies Inc., a hospital data management company. The reason: CDC had not met Birx’s demand that hospitals report 100% of their COVID-19 data every day.

According to two officials in the meeting, one CDC staffer left and immediately began to sob, saying, “I refuse to do this. I cannot work with people like this. It is so toxic.” That person soon resigned from the pandemic data team, sources say.

Other CDC staffers considered the decision arbitrary and destructive. “Anyone who knows the data supply chain in the U.S. knows [getting all the data daily] is impossible” during a pandemic, says one high-level expert at CDC. And they considered Birx’s imperative unnecessary because staffers with decades of experience could confidently estimate missing numbers from partial data.

“Why are they not listening to us?” a CDC official at the meeting recalls thinking. Several CDC staffers predicted the new data system would fail, with ominous implications. “Birx has been on a months long rampage against our data,” one texted to a colleague shortly afterward. “Good f—ing luck getting the hospitals to clean up their data and update daily.”

Scott Gottlieb tells this same story very differently in Uncontrolled Spread (my WSJ review).

Deborah Birx convinced the Coronavirus Task Force to direct money to the CDC to modernize its reporting of the COVID hospital data, but the CDC said no.

…The federal government had bought the entire available supply [of remedsivir], and HHS needed to know where to ship its limited doses [but]…the CDC didn’t have actual data on who was currently hospitalized for COVID, just estimates built off a model….Birx said that the government couldn’t ship scarce doses of the valuable medicine to treat estimated patients that were hypothetically hospitalized according to a mathematical formula. So she gave hospitals an ultimatum. If they wanted to get access to remedsivir, they would need to start reporting real data on the total number of COVID patients that they admitted each day. Hospitals quickly started to comply…Rather than cajole the CDC into fixing its reporting system, Ambassador Birx and Secretary Azar decided to recreate that structure outside the agency. The had concluded that getting the CDC to change its own scheme, and abandon its historical approach to modeling these data, would have been too hard.

…Under the new reporting system, 95% of US hospitals soon provided 100 percent of their daily hospital admission data. In an unfortunate twist, the CDC declined to work with the new data, worrying that since it wasn’t their data, they couldn’t assure its providence and couldn’t fully trust its reliability. As one senior HHS official put it to me, the CDC “took their ball and went home.”

…The cofounders of the COVID Tracking Project, one of the most authoritative and closely watched enterprises to report bottom-line information about the pandemic, would later say of the [HHS/Teletracking data], “the data set that we trust the most–and that we believe dose not come with major questions–is the hospitalization data overseen by the Department of Health and Human Services. At this point, virtually every hospital in America is reporting to the department as required. We now have a good sense of how many patients are hospitalized with COVID-19 around the country.” [Link here, AT]

Gottlieb’s story strikes me as much closer to the truth. Why? Notice that on most of the facts the stories agree. Gottlieb says the CDC refused to work with the HHS data and took their ball and went home. The Piller story has CDC people sobbing, angry, and saying “I refuse to do this.” Check. What differs is the interpretation and everything in Piller’s story is infected by an anti-Trump perspective. I don’t blame Piller for being anti-Trump but Trump plays no role in the story he just hovers in the background like a bogeyman. Piller says, for example:

…Birx’s hospital data takeover fits a pattern in which she opposed CDC guidance, sometimes promoting President Donald Trump’s policies or views against scientific consensus.

“Fits a pattern.” Uh huh.

Birx sometimes “promoted President Donald Trump’s policies.” Promoting the policies of the President of the United States? Why that’s practically treason!

Promoting views that go “against scientific consensus” Yeah, the “scientific consensus” of workers at the CDC.

Trump obviously had no interest in how hospital data was collected yet he is portrayed throughout as the hidden puppeteer behind the story.

Gottlieb’s story removes Trump from the equation and that rings true because we now know that the Biden administration has been as frustrated with the CDC as was the Trump administration. Politico writes, for example:

…senior officials from the White House Covid-19 task force and the Food and Drug Administration have repeatedly accused CDC of withholding critical data needed to develop the booster shot plan…

…the CDC advisory committee episode in late August only reinforced perceptions in the [Biden] White House that the agency represents the weakest link in a Covid-19 response…

The agency has for years struggled with obtaining accurate disease data from state health departments, and the pandemic strained the country’s public health infrastructure, causing massive delays in reporting and case investigation.

Withholding critical data. Struggling to obtain accurate data. Massive delays. Sound familiar? Indeed, if these parallels weren’t enough we even have CDC Director Rochelle Walensky overruling CDC scientists to allow boosters–but Walensky, unlike Birx, gets the benefit of the doubt so the story isn’t sold as Walensky going against scientific consensus to promote President Biden.

Evaluations of Trump colored evaluations of all the people and policies of the Trump administration leading to reporting that was sometimes unjust and inaccurate. It will take time to sort it all out.

Guardianship, in practice, is often worse than you might think: the surveillance of Britney Spears

Britney Spears’s father and the security firm he hired to protect her ran an intense surveillance apparatus that monitored her communications and secretly captured audio recordings from her bedroom, including her interactions and conversations with her boyfriend and children, according to a former employee of the security firm.

Alex Vlasov, the employee, supported his claims with emails, text messages and audio recordings he was privy to in his nine years as an executive assistant and operations and cybersecurity manager for Black Box, the security firm. He came forward for a new documentary by The New York Times, “Controlling Britney Spears,” which was released on Friday.

Recording conversations in a private place and mirroring text messages without the consent of both parties can be a violation of the law. It is unclear if the court overseeing Ms. Spears’s conservatorship was aware of or had approved the surveillance.

Mr. Vlasov’s account, and his trove of materials, create the most detailed portrait yet of what Ms. Spears’s life has been like under the conservatorship for the past 13 years. Mr. Vlasov said the relentless surveillance operation had helped several people linked to the conservatorship — primarily her father, James P. Spears — control nearly every aspect of her life…

Mr. Vlasov said that Ms. Spears’s phone had been monitored using a clever tech setup: The iCloud account on her phone was mirrored on an iPad and later on an iPod. Mr. Yemini would have Mr. Vlasov encrypt Ms. Spears’s digital communications captured on the iPad and the iPod to send to Mr. Spears and Robin Greenhill, an employee of Tri Star Sports & Entertainment Group, the former business manager for the singer’s estate.

This arrangement allowed them to monitor all text messages, FaceTime calls, notes, browser history and photographs.

Here is the full NYT story by Liz Day.  And by the way, there also was extensive surveillance of people in the “Free Britney!” movement, paid for ultimately by Britney herself.  Hi guys!