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Sessions is rescinding Obama-era directive for feds to back off marijuana enforcement in states with legal pot

Attorney General Jeff Sessions is rescinding an Obama-era directive that discouraged enforcement of federal marijuana laws in states that had legalized the substance, according to people familiar with the decision.

The move potentially paves the way for the federal government to crack down on the burgeoning pot industry — though the precise impact remains to be seen. Marijuana already was illegal under U.S. law, even as federal prosecutors had been advised against bringing cases involving it in states that approved its use and sale.

The people who described Sessions’s decision, first reported by the Associated Press, spoke on the condition of anonymity. A formal announcement was expected later Thursday.

Eight states and the District of Columbia have laws allowing for personal pot consumption, according to NORML, a group which advocates legalization and tracks pot-related legislation.

Sessions’s Justice Department has long taken a hard line stance against marijuana, even effectively blocking the Drug Enforcement Administration from taking action on more than two dozen requests to grow marijuana to use in research. Sessions has said in the past that he did not believe marijuana should be legalized, even suggesting at an appearance last year that medical marijuana had been “hyped, maybe too much.” He and top Justice Department officials had long been reviewing the 2013 guidance from then Deputy Attorney James Cole directing federal prosecutors to effectively back off marijuana enforcement in states that had legalized the substance and had a system in place to regulate it.

In practice, that meant U.S. attorneys in jurisdictions that had legalized marijuana at the state level were often reluctant to bring marijuana cases — though Cole’s memo stressed that Congress had determined it to be an illegal drug that provided significant revenue to gangs. They might now be more willing to consider such prosecutions — though they will still potentially have to contend with jurors sympathetic to defendants whose conduct would not be illegal under state law.

Pro-marijuana advocates have long been critical of Sessions’s views on the topic, though his latest directive might also upset those in his own party. Asked by a Colorado TV station in 2016 about using federal authority to shut down sales of recreational marijuana, President Trump said, “I wouldn’t do that, no,” but he was noncommittal on whether he would block his attorney general from doing so.

Sen. Cory Gardner (R-Colo.) said on Twitter that the move “directly contradicts what Attorney General Sessions told me prior to his confirmation.”

“With no prior notice to Congress, the Justice Department has trampled on the will of the voters in CO and other states,” he wrote. “I am prepared to take all steps necessary, including holding DOJ nominees, until the Attorney General lives up to the commitment he made to me prior to his confirmation.”

Sessions’s move could have significant economic impacts, injecting even more uncertainty into investors already apprehensive about what the Justice Department might do when it comes to legal pot.

“If the Trump administration goes through with a crackdown on states that have legalized marijuana, they will be taking billions of dollars away from regulated, state-sanctioned businesses and putting that money back into the hands of drug cartels,” said NORML Political Director Justin Strekal.

Some pro-pot advocates, too, sought to cast the move as a continuation of Sessions’s war on drugs. Early in his tenure, he reversed another Obama-era directive and instructed prosecutors to pursue the most serious, readily provable charge — even if that might trigger stiff mandatory minimum penalties for drug crimes.

The Daily 202: Trump’s break with Bannon over Wolff book shows the limits of loyalty

With Breanne Deppisch and Joanie Greve.

THE BIG IDEA: None of this is normal. Try to picture Barack Obama declaring that David Axelrod had “lost his mind,” George W. Bush saying that Karl Rove “is learning that winning isn’t as easy as I make it look,” or Bill Clinton’s lawyers sending James Carville a cease-and-desist letter threatening “imminent” legal action. Conversely, imagine Robby Mook saying that Chelsea Clinton is “dumb as a brick.”

You can’t. Because all those scenarios are inconceivable. But that’s just another Wednesday in this chaotic White House, which once again plunged into crisis mode after the publication of excerpts from a forthcoming book by Michael Wolff called “Fire and Fury.”

President Trump’s insistence that Steve Bannon, his former chief strategist and a top aide at the White House until five months ago, was a mere “staffer” who had “very little to do with our historic victory” is akin to Joseph Stalin trying to erase Leon Trotsky from the history of the Russian Revolution.

“It was the kind of story-shaping statement that, not so long ago, Trump and Bannon might have written together,” writes Michael Kranish, one of our in-house Trump biographers. “In reality, Bannon has been a guiding figure for Trump for years … according to associates of both men.”

This is part of a well-established pattern for the thrice-married Trump, who treats partners and aides as disposable once they’ve outlived their usefulness to him and downplays their roles after they run into trouble.

Remember when Sean Spicer said that former campaign chairman Paul Manafort “played a very limited role for a very limited amount of time” and that former national security adviser Michael Flynn was “a volunteer of the campaign”?

Another former aide called George Papadopoulos a “coffee boy,” even though he was meeting with ambassadors, arranging sit-downs for Trump with heads of state and in contact with Russian intermediaries. Jeff Sessions climbed out on a limb and burned bridges with old friends when he became the first senator to support Trump, but after the attorney general recused himself from the Russia investigation, Trump didn’t hesitate to claim that the Alabama senator had only endorsed him for political expediency.

“Saying Steve Bannon has nothing to do with me or my presidency is like saying you’re not married to your ex-wife,” John Dickerson said on CBS last night. “It’s true at the moment, but it doesn’t erase the marriage.”

The fact that Trump’s lawyers sent a cease-and-desist letter last night to Bannon, arguing that he violated the employment agreement he signed with the Trump Organization and likely defamed the president, reflects the palpable concern about what he might say. The lawyers said Bannon must stop communicating confidential and or disparaging information, as well as preserve all records in preparation for an “imminent” lawsuit. This is a classic Trump tactic, but it can also be read as at least a tacit admission that there is some there there.

— Trump is obsessed with loyalty, but it’s mostly a one-way street. What he wants is loyalty to him and his offspring. His staff dissuaded him from unloading on Bannon after a critical Vanity Fair piece before the holidays, but the final straw came when his former chief strategist publicly unloaded on his progeny.

Speaking about the June 2016 Trump Tower meeting of Jared Kushner, Donald Trump Jr. and Manafort with Russians promising “dirt” on Hillary Clinton, Bannon told Wolff: “The three senior guys in the campaign … thought it was a good idea to meet with a foreign government inside Trump Tower in the conference room on the twenty-fifth floor with no lawyers. They didn’t have any lawyers. Even if you thought that this was not treasonous, or unpatriotic, or bad shit, and I happen to think it’s all of that, you should have called the FBI immediately.”

Additional comments from Bannon and others completely undercut the White House spin that there’s nothing to see vis-à-vis Russian interference in the 2016 election. He warned that special counsel Robert Mueller’s investigation will wind up focusing on money laundering and the Trump family’s dealings with Deutsche Bank. “They’re going to crack Don Jr. like an egg on national TV,” Bannon said, according to Wolff. “They’re sitting on a beach trying to stop a Category Five.”

Most importantly, Trump’s dramatic statement served as a reminder that the bonds of family will probably trump everything else. This would be true of almost anyone, but it’s especially true with Trump because he’s not a particularly ideological person and was not primarily motivated to seek public office by any kind of deep concern about public policy. Would Trump tolerate Mueller indicting his son-in-law or son, who deny any wrongdoing?

There’s been lots of speculation that Ivanka and Jared might leave town at some point this year, and Trump reportedly now thinks it was a bad idea that they took high-profile jobs in the White House, but the couple has recently been touring homes for sale in the District. This suggests that they’re planning to stick around indefinitely. People familiar with the search tell the Reliable Source’s Emily Heil that they they’ve visited at least one property in the Massachusetts Avenue Heights neighborhood. Ironically, the place they looked is right by Bill and Hillary’s house. Javanka’s six-bedroom rental in Kalorama is walking distance from their synagogue, but the house is highly visible from a public street, so paparazzi sit out front and protesters often gather outside. Many of the homes by HRC’s place are more secluded and have longer driveways. 

Jared Kushner and Steve Bannon walk on the South Lawn in March. (Andrew Harnik/AP)

THIS IS A DISASTER FOR BANNON AND BREITBART’S BRAND:

— The break with Bannon is a huge win for the Republican establishment, which blames Bannon for Roy Moore becoming the GOP nominee in Alabama and the party losing what should have been an easy race in a ruby red state. This will likely neutralize him in several 2018 primaries where he could have played a huge role in boosting insurgents, from Nevada and Arizona to West Virginia and Wisconsin.

“Steve doesn’t represent my base — he’s only in it for himself,” Trump said in his statement, which also accused him of being a prolific leaker. “Steve was rarely in a one-on-one meeting with me and only pretends to have had influence to fool a few people with no access and no clue, whom he helped write phony books.”

Mitch McConnell and his team are ecstatic. The Senate majority leader’s political team posted a GIF of him beaming just minutes after Trump’s statement went out:

A few of the candidates who have aggressively sought Bannon’s endorsement in recent months quickly rushed to distance themselves, as his support became a liability and their primary rivals attacked them over it. Kelli Ward, in the open Arizona race to succeed Jeff Flake, said in a statement that Bannon is “only one of many high-profile endorsements” she has received. West Virginia Attorney General Patrick Morrisey took heat from his GOP rival, Rep. Evan Jenkins, in the primary to take on Democratic Sen. Joe Manchin. “Attorney General Morrisey does not support these attacks on President Trump and his family,” his spokeswoman said.

Rebekah Mercer attends an event put on by the Heartland Institute last year. (Oliver Contreras for The Washington Post)

“Bannon has in recent weeks also alienated his main financial backer, Rebekah Mercer, after he told several other major conservative donors that he would be able to count on the Mercers’ financial support should he run for president,” Josh Dawsey and Ashley Parker scoop. “A person familiar with the conversations said … Mercer now does not plan to financially support Bannon’s future projects — and that she was frustrated by his moves in Alabama and some of his comments in the news media that seemed to stoke unnecessary fights. A person close to Bannon said he was not running for president. … ‘The core constituency for Breitbart is what you would call the Trump Deplorables. That’s the audience. And if they’re asked to choose between Steve and Trump, they’re going to choose Trump. That’s clear,’ said a person familiar with the company’s ownership.”

— Bannon is already trying to make amends with Trump, suggesting that he might not stay off the reservation. On his Sirius XM radio show last night, he said that he remains a strong supporter of Trump. “The president of the United States is a great man,” he said. “You know I support him day in and day out.”

— Privately, Bannon doesn’t think the damage is irreparable: The Associated Press cites “a person familiar with his thinking” to report that he “was not surprised or particularly bothered by the blowback”: “That person said Bannon vowed on Wednesday to continue his war on the Republican establishment and also predicted that, after a cooling-off period, he’d continue to speak with Trump, who likes to maintain contact with former advisers even after he fires and sometimes disparages them.”

— But it may be too late, and his brand might be too damaged in the eyes of Trump die-hards.

To wit: The rest of the conservative media is taking Trump’s side over Bannon. “From Fox News to the Drudge Report, all the way down the spectrum to far-right conspiracy sites like The Gateway Pundit and InfoWars, headlines Wednesday afternoon painted … Bannon as unstable and self-interested, and … Trump as a forceful defender of his family and administration,” Politico reports. “The Daily Caller declared, ‘Trump Puts Bannon In A Body Bag.’”

“I can’t help thinking of Bannon as the Robespierre of this Trumpian revolution, ultimately devoured by the forces he helped release,” emailed Charlie Sykes, the legendary conservative radio host in Wisconsin who has emerged as a leading Trump critic. “He helped create a pro-Trump media ecosystem that demanded loyalty, not ideological consistency. Now that he is perceived as disloyal (and perhaps dangerous), he is going to get the same treatment he used to give the globalist, establishment types.” 

WHAT ELSE IS IN THE BOOK:

— Trump is portrayed as uninformed, unprepared and lacking focus in the book. John Wagner rounds up some of the buzziest nuggets that are out there: “Wolff writes that Trump became upset that he couldn’t give a Supreme Court seat to a friend rather than someone he didn’t know. He casts Trump as having ‘little or no interest’ in Republican attempts to overhaul the Affordable Care Act. And Wolff says aides were incredulous over Trump’s claims that President Obama had ‘wiretapped’ Trump Tower during the 2016 campaign …

“Early in the campaign … Trump aide Sam Nunberg was sent to explain the Constitution to the candidate, Wolff writes, and Nunberg offered this assessment of the experience: ‘I got as far as the Fourth Amendment before his finger is pulling down on his lip and his eyes are rolling back in his head.’

“Wolff also writes that Reince Priebus … was alarmed how often during the transition Trump offered people jobs on the spot, including many he had never met before. … Wolff writes that one of the reasons Trump didn’t want John Bolton, a famously hawkish diplomat, as his national security adviser, was because of his mustache.

“Wolff details how Trump did not take well to living in the White House, recounting a reprimand to the housekeeping staff for picking his shirt up from the floor. Trump also reportedly imposed a rule that no one touch his toothbrush.”

— Read a longer excerpt in New York Magazine, and here is the Guardian’s early write-up.

Author Michael Wolff stands in the lobby at Trump Tower last January. (Jabin Botsford/The Washington Post)

WHY YOU SHOULD READ THE BOOK WITH A GRAIN OF SALT:

— “Michael Wolff tells a juicy tale … But should we believe it?,” by Paul Farhi: “A provocateur and media polemicist, Wolff has a penchant for stirring up an argument and pushing the facts as far as they’ll go, and sometimes further than they can tolerate, according to his critics. He has been accused of not just re-creating scenes in his books and columns, but of creating them wholesale. … Wolff has even acknowledged that he can be unreliable: As he recounted in ‘Burn Rate’ — his best-selling book about his time as an early Internet entrepreneur — Wolff kept his bankers at bay by fabricating a story about his father-in-law having open-heart surgery. … Wolff’s business collapsed in 1997. ‘Burn Rate’ came under siege from critics who challenged its credibility, including the long verbatim conversations that Wolff recounted despite taking scant notes.”

Trump hasn’t explicitly disputed any of Wolff’s reporting, nor has Bannon backed down from his quotes, but the second-guessing of the 64-year-old’s work has already begun: “Wolff, for example, writes that Thomas Barrack Jr., a billionaire friend of Trump’s, told a friend that Trump is ‘not only crazy, he’s stupid.’ Barrack on Wednesday denied to a New York Times reporter that he ever said such a thing. Katie Walsh, a former White House adviser, has also disputed a comment attributed to her by Wolff, that dealing with Trump was ‘like trying to figure out what a child wants.’”

A sloppy error: Wolff writes that Trump had no idea who John Boehner was when Roger Ailes recommended him as a possible White House chief of staff. But the then-speaker of the House went golfing with the billionaire back in 2013, and Trump had often mentioned him on Twitter.

THE ROLLOUT AND THE PUSHBACK:

— Sarah Huckabee Sanders said Wolff “never actually sat down with the president” after he took office, and that the two only had one five- to seven-minute conversation “that had nothing to do, originally, with the book.” The White House also said last night that call logs show Trump has spoken with Bannon only five times since the former adviser left, and most of the calls were initiated by Bannon. “Trump, however, often uses cellphones to talk with outside advisers and confidants,” Josh and Ashley note.

— Wolff says Trump encouraged people to cooperate with him and that he has tapes to back up quotes in his incendiary book — dozens of hours of them, per Axios.

— Trump’s repudiation of Bannon is the best possible free advertising for Wolff’s book. “Fire and Fury” is already #1 on the Amazon bestseller list. A second excerpt will come out later today, per CNN, and NBC just announced that Wolff will appear on the “Today” show on Friday and “Meet the Press” on Sunday.

— How the president’s hometown tabloids are playing the revelations:

WHILE YOU WERE SLEEPING:

— Trump disbanded his controversial voter fraud commission because states wouldn’t cooperate and the effort was beset by lawsuits. But Sarah Huckabee Sanders insisted in a statement that there is still “substantial evidence of voter fraud,” despite the fact that there isn’t proof. Sanders said Trump has signed an executive order asking the Department of Homeland Security to review the allegations and “determine next courses of action.” Asking DHS to get involved suggests the administration believes any voter fraud — which has not been proved — is related to undocumented immigrants. Voting issues are normally handled by the Justice Department. (John Wagner)

— Kansas Secretary of State Kris Kobach, the vice chairman of the commission, blamed its dissolution on a “barrage of meritless lawsuits.” “This is a tactical shift by the president who remains very committed to finding the scope of voter fraud,” said Kobach, who’s running for governor. “In a perfect world, the commission would’ve moved swiftly and there wouldn’t be any lawsuits.” He confirmed that the DHS move was related to immigration: “This is a tactical shift by the president who remains very committed to finding the scope of voter fraud,” said Kobach, the architect of a controversial law that requires Kansas voters to provide their birth certificates or other proof of citizenship to register to vote. (Kansas City Star)

— As the Brennan Center for Justice notes, voter fraud is “vanishingly rare.” In 2014, a Washington Post study found that just 31 credible instances of voter fraud occurred between 2000 to 2014 — out of more than 1 billion ballots cast. And researchers at Arizona State University found just 10 cases of fraud between 2000 and 2012.

— In tweets this morning, Trump blamed the panel’s dissolution on Democratic officials who fought the information requests:

— As D.C. begins getting battered by the “bomb cyclone” traveling up the East Coast, the federal government is operating with a two-hour delay, as well as an option for unscheduled leave or unscheduled telework. (OPM)

— Today’s bad weather has already forced closures and delays for the region’s schools. For an updated list of schools’ operating status, check here.

— The monster winter storm has caked southern states in rare and record-breaking levels of snow and ice — including areas that haven’t seen snow in nearly three decades. As the storm continues to churn, forecasters predict it will intensify at an “explosive” pace — battering much of the Northeast in an all-out, wintry assault. (Jason Samenow

— The storm will bring strong winds to the D.C. area starting this morning. The Capital Weather Gang forecasts: “Light snow tapers off this morning from west to east with some afternoon clearing. Accumulations of a dusting to a couple inches in the immediate area are likely. With northwest winds gusting to 35 mph, blowing snow may cause some visibility problems at times. Highs in the mid-to-upper 20s happen in the morning before falling through the afternoon with wind chill readings dropping into the single digits.”

GET SMART FAST:​​

  1. Iran has deployed the elite Revolutionary Guard to quash anti-government protests in three provinces. The guards were instrumental in suppressing Iran’s 2009 protests. (Reuters)
  2. A small fire broke out and was quickly extinguished at Bill and Hillary Clinton’s house in Chappaqua, N.Y. No one was injured in the blaze, which began in a small building on the property used by the Secret Service. (Eli Rosenberg)
  3. A 4.4-magnitude earthquake shook California’s Bay Area. The quake’s epicenter was in Berkeley, and residents of the region reported feeling the shaking in the middle of the night. (San Francisco Chronicle)

  4. The Special Forces soldier killed in Afghanistan earlier this week was hit by small-arms gunfire while on foot patrol. Four other service members were wounded in the incident, which the Pentagon says remains under investigation. (Dan Lamothe)
  5. The winner of the tied Virginia House of Delegates race will be decided by lottery today. Officials will pull a name out of a stoneware bowl designed by a local artist. But the fight will likely continue after the decision because the loser can request another recount. (Laura Vozzella
  6. Washington’s attorney general filed a lawsuit against Motel 6 for allegedly giving immigration officials lists of guests’ names to make arrests. The lawsuit charges that at least six of the hotel chain’s locations provided the lists without any reasonable suspicion, probable cause or search warrants. Agents would then sometimes circle “Latino-sounding” names on the list to target. (Eli Rosenberg)
  7. There seems to be a major vulnerability in almost all processors running your computers and phones that could leave them susceptible to hacking. The news caused stock prices for Intel to drop as the semiconductor maker remained silent. (Bloomberg)
  8. Apple’s decision to offer cheaper battery replacements could result in 16 million fewer new iPhones sold this year, according to a Barclays analyst. The British bank estimated that as many as 77 percent of iPhone users could be eligible for the $29 battery replacement. (CNBC)

  9. A British chef lost her job after she bragged about “spiking” a vegan customer’s meal with animal product. In a Facebook post, the chef complained about cooking for the “pious, judgmental vegan.” (Maura Judkis)
  10. The spouses of two dying memoirists, who each chronicled their final days in best-selling books (“When Breath Becomes Air” and “The Bright Hour”), met and fell in love. The Post’s Nora Krug interviewed the couple about their relationship.

Rep. Blake Farenthold (R-Tex.) waves goodbye to President Trump at the end of a White House event on Dec. 20 to celebrate the passage of tax cuts. (Jonathan Ernst/Reuters)

MEN BEHAVING BADLY:

— Rep. Blake Farenthold (R-Tex.) has not followed through on his public promise to repay $84,000 in taxpayer money used to settle a former staffer’s sexual harassment claim against him, aides confirm. Farenthold pledged in a Dec. 4 radio interview that he would “hand over a check” that week to congressional leadership, but a spokeswoman said he is now waiting to see what changes the House makes to the Congressional Accountability Act before doing so. (CNN)

— “Despite a 2002 law aimed at improving federal accountability in discrimination cases, the system for tracking sexual harassment payments in the executive branch is almost as opaque and bureaucratic as the one governing Congress,” Politico’s Andrew Restuccia, Emily Goldberg and Rebecca Morin report. “Executive branch agencies have settled dozens of sexual harassment cases involving federal workers in recent years, but the resulting taxpayer-funded payments are shrouded in mystery.”

— CBS News fired political director Steve Chaggaris over allegations of “inappropriate behavior” in his past. In a statement to employees, the network said the allegations came to light shortly before the Christmas holiday and were “investigated immediately.” (CNNMoney)

Hoda Kotb will make less than a third of what Matt Lauer did as a host on the “Today” show, Page Six reports: “NBC sources say Kotb landed a $7 million-a-year deal — the same as co-host Savannah Guthrie. Lauer, of course, was getting $25 million a year until he was fired in November for alleged ‘inappropriate sexual behavior in the workplace.’ One show insider said, ‘Hoda isn’t complaining about the money. She has landed the big job she always dreamed of, and most definitely deserves. Plus, Matt’s salary reflected the long time he was on the show — 25 years. If things go well, Hoda could ask for more next time if she re-ups her contract. But the figures underline the huge wage disparity at NBC News.’”

Deputy Attorney General Rod Rosenstein leaves the Capitol yesterday after meeting with House Speaker Paul Ryan. (Alex Wong/Getty Images)

THERE’S A BEAR IN THE WOODS:

— Deputy Attorney General Rod Rosenstein and FBI Director Christopher Wray met with House Speaker Paul Ryan (R-Wis.) to discuss the Trump-Russia dossier. The meeting was requested by Rosenstein and Wray after congressional investigators asked for all documents related to the report. Karoun Demirjian and Matt Zapotosky report: “The meeting … took place just hours before a deadline Wednesday that House Intelligence Committee Chairman Devin Nunes (R-Calif.) set for the FBI and DOJ to turn over documents [related to the dossier.] … In the House, Nunes has threatened to issue contempt citations against Wray and Rosenstein for failing to produce documents related to the dossier, which he first subpoenaed in August.

Nunes suggested a deal has been reached: “After speaking to [Rosenstein] this evening, I believe the [committee] has reached an agreement with [Justice] that will provide [it] with access to all the documents and witnesses we have requested,” he said in a statement late last night. “The committee looks forward to receiving access to the documents over the coming days.”

— Senate Judiciary Chairman Chuck Grassley (R-Iowa) said he would be willing to allow the founders of Fusion GPS to testify publicly in that panel’s Russia probe. His statement followed the founders’ New York Times op-ed, in which they accused congressional Republicans of concealing their full testimony for political reasons. “Senator Grassley has always been and remains for transparency,” a Grassley spokesman said . . . “There are, however, investigative factors that he must consider to temporarily protect certain information in the midst of an ongoing inquiry such as this one, like tainting the memory of other witnesses.” (Politico)

Paul Manafort is seen on the floor of the Quicken Loans Arena at the Republican National Convention. (Tom Williams/CQ Roll Call)

— Former Trump campaign chairman Paul Manafort is suing DOJ and Robert Mueller’s team of prosecutors. In a 17-page complaint filed in federal court, Manafort’s attorneys accused the special counsel of “overreaching” in their criminal indictment, which included charges of money laundering and tax evasion unrelated to his time on the 2016 campaign. Attorneys for Manafort also argued the DOJ exceeded its legal authority by ordering Mueller’s team to investigate both “links and/or coordination” with Russia as well as “any matters that arose or may arise directly from” that investigation. In response, a DOJ spokeswoman said, “The lawsuit is frivolous but the defendant is entitled to file whatever he wants.”

White-collar criminal defense attorney Jeffrey Jacobovitz told Spencer S. Hsu and Matt Zapotosky that it’s common for independent investigations set up by DOJ to have fairly wide jurisdiction. And while it is “not unusual” for a defendant to question the bounds of a special counsel probe, he couldn’t remember a single time the approach succeeded. “Ken Starr started looking at Whitewater and ended up looking at actions related to Monica Lewinsky,” Jacobovitz said.

ON THE HILL:

— Sen. Doug Jones (D-Ala.) was sworn in yesterday, further shrinking Republicans’ majority in the Senate and decreasing their odds of legislative victories before the midterms. David Weigel and Sean Sullivan report: “Jones took his oath of office alongside former vice president Joe Biden, a longtime friend who had urged him to run last year. Tina Smith (D-Minn.) was also sworn in Wednesday to replace former senator Al Franken; she was joined by former vice president Walter Mondale. … Even before it was clear what committees Jones would serve on, the Alabama Democrat was already playing an outsize role. His presence allows Democrats to block any Trump nominee, or any legislation, by winning just two Republican defectors. … Senate Republican aides privately conceded that Jones’s vote will make it nearly impossible to take another run at repealing the Affordable Care Act and may quiet talk of a push for a major entitlement overhaul this year.”

— The meeting between the top four congressional leaders, OMB Director Mick Mulvaney and White House legislative director Marc Short to head off a government shutdown was “surprisingly good,” Mitch McConnell said. Damian Paletta, Erica Werner and Mike DeBonis report: “Multiple lawmakers characterized Wednesday’s hour-long meeting in the office of [Paul Ryan] as a positive start to negotiations, while noting the parties still have disagreements on major issues. Emboldened by the passage of a landmark tax law, Republicans and the White House are demanding a bump in military spending and funding for Trump’s promised wall on the Mexican border. Democrats — empowered because the GOP needs them to pass any spending bill — want protections for undocumented immigrants brought to the United States as children and to keep funding in place for social programs.”

— A trio of former DHS secretaries who served under George W. Bush and Barack Obama warned that Congress is running out of time to craft a legislative fix for DACA — opening nearly 700,000 young immigrants to the threat of deportation if they don’t act by March 5. David Nakamura reports: “[Michael Chertoff, Janet Napolitano and Jeh Johnson] are warning lawmakers that they must strike a deal this month or risk running out of time. Even if Congress were to act this month, they cautioned, it would mean a massive undertaking for DHS to be able to launch a new administrative program to accommodate dreamers who are eligible to seek permanent legal status. ‘The realistic deadline for successfully establishing a Dreamers program in time to prevent large-scale loss of work authorization and deportation protection is only weeks away,’ the former secretaries wrote[.]” 

Donald Trump calls out to the media as Mitt Romney leaves Trump National Golf Club Bedminster, N.J. (Carolyn Kaster/AP)

— As Mitt Romney plots his path toward a possible Senate bid, many traditional conservatives are wondering what version of Romney would show up on the campaign trail — the outspoken Trump critic or the man who auditioned to be his secretary of state? “For traditional conservatives yearning for the next anti-Trump Republican, Romney’s entrance on the scene cannot come soon enough,” Paul Kane writes. “They are a beaten band whose ranks are diminished and ailing[.] … It’s possible to envision that by the time the next Congress is sworn in on Jan. 3, 2019, Romney could be the only voice left in the Senate appealing to the collection of neoconservatives and establishment Republicans that never fell in line with Trump.  Less than two years ago, Romney said this of Trump: ‘He’s playing the American public for suckers. He gets a free ride to the White House and all we get is a lousy hat.’ If he winds up in that somewhere-in-between spot in the Senate, it will be a disappointment to those who hailed that speech against Trump in March 2016. It will probably be an even greater disappointment to himself.”

— Sen. Orrin Hatch (R-Utah) told a Utah radio program he would support Romney if the former governor runs. “I’m hopeful he’ll run, because he would be just fine,” Hatch said. “And he would certainly be somebody who I think could succeed me into the job. We haven’t spoken in the last few days, but if Mitt decides to run, he knows he’ll have my support.” (CNN)

— Trump has nominated the wife of House Foreign Affairs Committee Chairman Ed Royce (R-Calif.) to a senior post at the State Department. Karoun Demirjian reports: “[Marie] Royce, who was nominated to serve as an assistant secretary of state for educational and cultural affairs … was previously appointed to the State Department’s Advisory Committee on International Communications as a representative of the private sector, and has played a role in facilitating various government-sponsored exchange programs[.] But if confirmed, Royce would hold a senior position at the department over which her husband … is chiefly responsible for directing the House’s oversight duties as chairman of the House Foreign Affairs Committee.” A committee aide said Royce played no role in his wife’s selection. When asked if Royce would recuse himself over matters involving his wife’s post, the aide said that “rigorous oversight of the State Department will continue.”

— Jeff Sessions appointed 17 interim U.S. attorneys, including Rudy Giuliani’s law partner as a replacement for the fired Preet Bharara in the Southern District of New York. Matt Zapotosky and Sari Horwitz report: “Geoffrey S. Berman, a law partner of [Giuliani] at the firm Greenberg Traurig and a former federal prosecutor, was named to the interim post at the U.S. attorney’s office in Manhattan, which handles some of the most high-profile cases in the country[.] … The former U.S. attorney there, [Bharara], was particularly prominent and notably did not step down immediately when asked to by Trump with 45 others in March.”

— This month could mark a turning point in Trump’s trade policy. CNBC’s Kayla Tausche reports: “The month is book-ended by contentious trade negotiations with South Korea, beginning Jan. 5 in Washington, and with Mexico and Canada, beginning Jan. 23 in Montreal. By mid-January, [Trump] must decide whether to punish exporters of cheap steel and aluminum that threaten American producers, the subject of a nine-month national security investigation. By late January, [Trump] must decide whether to levy fines on Chinese solar panel producers. A decision on washing machine tariffs is due early February.”

Kim Jong Un visits the Amnokgang Tire Factory in North Korea’s Chagang province.(KCNA/KNS/AFP)

NORTH KOREA WATCH:

— The White House and congressional Republicans defended Trump’s North Korea tweet, as Democrats accused him of ratcheting up tensions with Kim Jong Un. Anne Gearan reports: “‘He’s made repeated threats. He’s tested missiles time and time again for years,’ [Sarah Huckabee Sanders] said of Kim. ‘This is a president who is not going cower down and is not going to be weak and is going to make sure he does what he’s promised to do, and that’s stand up and protect the American people.’ … ‘A nuclear conflict on the Korean Peninsula would be a catastrophe, leading to the deaths of potentially millions of people, including American servicemembers and families stationed there,’ Sen. Edward J. Markey (D-Mass.) said in a statement, adding that the tweet ‘borders on presidential malpractice.’”

— Trump defended his strategy in North Korea over Twitter this morning:

— The Diplomat’s Ankit Panda and Dave Schmerler analyze North Korea’s failed missile launch in April, which landed in the city of Tokchon and caused significant damage to a complex of buildings: “[I]t is likely that this facility at Tokchon experienced a large explosion upon impact. It’s impossible to verify if the incident caused any loss of life and, given the time of day the test occurred and the location of the impact, it may be likely that few, if any, casualties resulted from the incident. However, as the Google Earth imagery of the incident demonstrates, the Tokchon facility is located adjacent to what appear to be residential and commercial buildings. A slight difference in trajectory could have resulted in an even more catastrophic accident over a populated region.”

— “Waiting for the Bomb to Drop,” by Eliot A. Cohen in The Atlantic: “There are sounds, for those who can hear them, of the preliminary and muffled drumbeats of war. The Chinese are reported to be preparing refugee camps along the North Korean border. Resources are being shifted to observe and analyze the North Korean military. Mundane logistical processes of moving, stockpiling, and updating crucial items and preparing military personnel are underway. Only the biggest indicator — the evacuation of American dependents from South Korea — has yet to flash red, but, in the interest of surprise, that may not happen. America’s circumspect and statesmanlike secretary of defense, James Mattis, talks ominously of storm clouds gathering over Korea, while the commandant of the Marine Corps simply says, ‘I hope I’m wrong, but there’s a war coming.’ … Maybe nothing will happen. Maybe Donald Trump, he of the five draft deferments … will flinch … in which case the United States will merely suffer an epic humiliation as it retreats from as big a red line as a president has ever drawn.”

President Trump, with Vice President Pence by his side, signs an executive order to declare formal recognition of Jerusalem as the capital of Israel. (Jabin Botsford/The Washington Post)

THE 25TH AMENDMENT QUESTION:

— “Is Something Neurologically Wrong With Donald Trump?” by James Hamblin in The Atlantic: “[A]fter more than a year of talking to doctors and researchers about whether and how the cognitive sciences could offer a lens to explain Trump’s behavior, I’ve come to believe there should be a role for professional evaluation beyond speculating from afar. … The idea that the president should not be diagnosed from afar only underscores the point that the president needs to be evaluated up close. A presidential-fitness committee … could exist in a capacity similar to the Congressional Budget Office. It could regularly assess the president’s neurologic status and give a battery of cognitive tests to assess judgment, recall, decision-making, attention — the sorts of tests that might help a school system assess whether a child is suited to a particular grade level or classroom — and make the results available.”

Politico’s Annie Karni reports that a Yale psychiatry professor was summoned to Capitol Hill last month to brief lawmakers — including one unidentified Republican senator — on Trump’s mental state: “In private meetings with more than a dozen members of Congress held on Dec. 5 and 6, [Dr. Bandy X. Lee] briefed lawmakers[.] … Her professional warning to Capitol Hill: ‘He’s going to unravel, and we are seeing the signs.’ … Lee, editor of ‘The Dangerous Case of Donald Trump,’ which includes testimonials from 27 psychiatrists and mental health experts assessing the president’s level of ‘dangerousness,’ said that she was surprised by the interest in her findings during her two days in Washington. ‘One senator said that it was the meeting he most looked forward to in 11 years,’ Lee recalled. ‘Their level of concern about the president’s dangerousness was surprisingly high.’”

SOCIAL MEDIA SPEED READ:

Trump retweeted this image with a message for the NFL players protesting during the national anthem:

The Boston Globe’s deputy Washington bureau chief summed up the year so far:

Or, put another way by a Times reporter:

A congressional candidate backed by Bannon distanced himself from Bannon’s comments:

A senior fellow for the German Marshall Fund noted that Bannon wants chaos:

From a former senior adviser to Obama:

From Joe Biden’s former chief of staff:

Pennsylvania’s Democratic senator was happy to see the voter fraud commission go:

Some Twitter users returned to this November 2016 Trump tweet in the wake of the news:

An ABC News social media editor commented on that tweet from Trump:

An NBC News reporter noted that the failure of the voter fraud commission is another humiliation for Mike Pence: 

The former director of the FBI criticized those who haven’t defended the independence of government agencies:

The Republican chairman of the Senate Judiciary Committee said the Justice Department should not be totally independent:

Sen. Jeff Flake (R-Ariz.) responded to Trump’s demand that DOJ “act” against Huma Abedin and Comey:

Three vice presidents (one current and two former) attended yesterday’s swearing-in ceremonies at the Senate:

The governor of New Jersey congratulated a new U.S. attorney:

But an NPR reporter pointed this out:

One of our China correspondents heard this startling warning:

The president’s son accused a daytime talk-show host of being part of the “Deep State”:

And CBS News anchor Alex Wagner celebrated her new gig as a host of Showtime’s “The Circus”:

GOOD READS FROM ELSEWHERE:

— Politico Magazine, “How Donald Trump Came Between Mike Pence and Jeff Flake,” by Tim Alberta: “The ascent of the 45th president has left a wreckage of relationships in its wake — neighbors, friends and families divided along lines of partisanship if not political philosophy. Yet there has been no more dramatic divergence than that of Pence and Flake, once ideological soulmates and indivisible comrades who now embody the right’s most extreme reactions to Trumpism.”

— Bloomberg, “America’s Worst Graveyard Shift Is Grinding Up Workers,” by Peter Waldman and Kartikay Mehrotra: “No one knew her real name. At work she was Tiffany Sisneros, until her arm got crushed in a conveyor belt. She filed for workers’ comp as Martha Solorzano, born 1966. The doctor who evaluated her wrote down her last name as Torres. We’ll call her Martha, the name her lawyer uses. Like millions of undocumented immigrants, Martha lived in the shadows. … She worked as a cleaner on the graveyard shift at Tyson Foods Inc.’s cavernous meatpacking plant in Holcomb, Kan. … The only slaughterhouse job worse than eviscerating animals is cleaning up afterward. The third-shift workers, as the cleaners are often called, wade through blood and grease and chunks of bone and flesh, racing all night to hose down the plant with disinfectants and scalding water. The stench is unbearable. Many workers retch.”

— The New Yorker, “Awake Under Anesthesia,” by Joshua Rothman: “We tend to think that being anesthetized is like falling asleep. [But] … the truth is stranger — it’s more like having your mind disassembled, then put together again.”

HOT ON THE LEFT:

“ACLU adds 10-year-old boy, mother to lawsuit against D.C. police in Inauguration Day arrests,” from Keith L. Alexander: “The [ACLU] added a 10-year-old boy [and] his mother to a civil suit it filed against D.C. police, alleging the two were injured while they were protesting [Trump’s] inauguration … In the lawsuit … the ACLU alleges that the woman and her son were ‘peacefully demonstrating’ … when police began spraying demonstrators with pepper spray as rioting broke out. The lawsuit says the police knocked the boy to the ground and his mother was unable to remove him from the melee as she was overcome by the pepper spray. The amended lawsuit also identified 27 police officers, including eight supervisors who the suit alleges unlawfully ordered and participated in the arrests of protesters who were not participating in the riots.”

 

HOT ON THE RIGHT

“Peter Thiel Is Exploring The Creation Of A Conservative Cable News Network,” from BuzzFeed News: “Thiel wants to create a new conservative cable news network and his representatives have engaged the powerful Mercer family to help with funding[.] … [Thiel] had originally explored a plan to create the network along with Roger Ailes, the late founder of Fox News, according to a soon-to-be published book by journalist Michael Wolff. … On May 12 of last year, Ailes was scheduled to fly from Palm Beach, Florida, to New York to meet with Thiel to discuss the launch of a new cable news network[.] … Both men [were] ‘worried that Trump could bring Trumpism down,’ [Wolff writes]. The plan [was that Thiel] would pay for the network. Ailes would come along and bring loyal Fox News talent Sean Hannity and Bill O’Reilly[.] … But two days before the meeting, Ailes fell and hit his head. Ailes told his wife, Elizabeth, not to reschedule the meeting before he slipped into a coma, Wolff writes. He died a week later.”

 

DAYBOOK:

Trump has two meetings with Senate Republicans to discuss immigration and his 2018 legislative agenda. He will also present a National Security Medal today and have a meeting with RNC Chairwoman Ronna McDaniel.

Pence will join Trump’s meetings with Republican senators and travel to Capitol Hill for the Senate policy lunch.

Trump is also reportedly planning to attend the college football national championship game in Atlanta on Monday. (David Nakamura)

 

NEWS YOU CAN USE IF YOU LIVE IN D.C.:

— The Wizards defeated the Knicks 121-103. (Candace Buckner)

— More than 5,000 Montgomery County homeowners mailed in their prepaid 2018 property taxes before the tax plan caps the deduction on local taxes. Rachel Siegel reports: “[T]he County Council came out of holiday recess to pass emergency legislation allowing them to do so. … A day after Montgomery approved its bill, the Internal Revenue Service announced taxpayers could deduct prepayments only if their properties had already been assessed for 2018. That means those who prepaid in Maryland, and in neighboring Virginia, are almost certainly out of luck.”

— The Legislative Black Caucus in Maryland’s General Assembly has taken issue with a judicial pick by Gov. Larry Hogan (R). Hogan appointed State’s Attorney Beau Oglesby (R) to serve as a circuit court judge on Maryland’s Eastern Shore, but Oglesby was accused three years ago of repeatedly using the n-word in front of African American law enforcement officers. (Ovetta Wiggins)

— District authorities have begun using dry ice to combat the city’s rat problem. Gerard Brown, who manages D.C.’s rodent control division, said to describe the dry ice’s effect, “The CO2 that emanates from the dry ice suffocates the rats, and their homes become their graves.” (Rachel Chason)

VIDEOS OF THE DAY:

Late night hosts reveled in the feud between President Trump and Steve Bannon:

Sarah Huckabee Sanders answered a question about the president’s “corrupt media awards”:

Even Tallahassee is seeing flurries amid this huge winter storm:

One Florida girl delighted in the snowfall:

And a man in Houston found himself locked in the store he was attempting to rob:

Former Taliban Hostage Joshua Boyle Charged With Sexual Assault

(OTTAWA, Ontario) — Canadian Joshua Boyle, his American wife and their children endured a long captivity in Afghanistan before they were rescued last fall and returned to Canada. Now he’s facing 15 charges including sexual assault, forcible confinement and administering a noxious drug.

Boyle, his wife Caitlan and their three children were freed in October in Pakistan, five years after the couple was abducted by a Taliban-linked militant group while on a backpacking trip in neighboring Afghanistan. The children were born in captivity.

Court documents obtained Tuesday say the charges include eight counts of assault, two accounts of sexual assault, two counts of unlawful confinement and one count of causing someone to “take a noxious thing, namely Trazodone,” an antidepressant. There is also a charge of uttering a death threat and a charge of misleading a police officer. The purported acts allegedly occurred between Oct. 14 and Dec. 30 after Boyle returned to Canada.

A publication ban bars reporting any information that could identify the alleged victims.

A hearing on the case was scheduled for Wednesday in Ottawa, but Boyle’s lawyer told The Associated Press that Boyle would not attend in person. He said Boyle was in custody.

Ottawa police declined comment. Eric Granger, Boyle’s attorney, said he had not yet seen the court documents.

“There are a number of charges,” Granger said in an email. “Mr. Boyle is presumed innocent. He’s never been in trouble before. No evidence has been provided yet, which is typical at this early stage. We look forward to receiving the evidence and defending him against these charges.”

In a statement to the Toronto Star, Boyle’s wife wrote, “I can’t speak about the specific charges, but I can say that ultimately it is the strain and trauma he was forced to endure for so many years and the effects that that had on his mental state that is most culpable for this.”

“Obviously, he is responsible for his own actions,” she added, “but it is with compassion and forgiveness that I say I hope help and healing can be found for him. As to the rest of us, myself and the children, we are healthy and holding up as well as well we can.”

Boyle told The Associated Press in October that his wife had been hospitalized in Ottawa, but did not specify why she was taken to the hospital.

Boyle also told AP that week that he and his wife decided to have children even while held captive because they always planned to have a big family.

“We’re sitting as hostages with a lot of time on our hands,” Boyle said. “We always wanted as many as possible, and we didn’t want to waste time. Cait’s in her 30s, the clock is ticking.”

Boyle said then that their three children were 4, 2 and “somewhere around 6 months.”

“Honestly we’ve always planned to have a family of 5, 10, 12 children … We’re Irish, haha,” he wrote in an email in October.

The parents of Caitlan Boyle, who is from Stewartstown, Pennsylvania, said after the rescue that they were elated she had been freed, but they also expressed anger at their son-in law for taking their pregnant daughter to Afghanistan.

Pakistani soldiers rescued the family in an operation Oct. 11 aimed at their captors from the Taliban-linked Haqqani group. The Pakistanis caught the Haqqani fighters at some point after they had moved with their captives across the border from Afghanistan. Pakistan’s Foreign Ministry said the operation was based on a tip from U.S. intelligence.

Boyle was once briefly married to Zaynab Khadr, the older sister of former Guantanamo Bay detainee Omar Khadr and the daughter of a senior al-Qaida financier who had contacts with Osama bin Laden.

The Canadian-born Omar Khadr was 15 when he was captured by U.S. troops following a firefight and was taken to the U.S. detention center at Guantanamo Bay. Officials had discounted any link between that background and Boyle’s capture, with one describing it in 2014 as a “horrible coincidence.”

Boyle and his family met with Canadian Prime Minister Justin Trudeau in the leader’s office last month.

The Private Prophet: Mormon Church President Thomas Monson Dies At 90

Thomas Monson delivers the opening talk at the 180th Annual General Conference of the Mormon church before thousands of members in 2010 in Salt Lake City.

George Frey/Getty Images


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Thomas Monson delivers the opening talk at the 180th Annual General Conference of the Mormon church before thousands of members in 2010 in Salt Lake City.

George Frey/Getty Images

Thomas S. Monson, president and prophet of The Church of Jesus Christ of Latter-day Saints, died Tuesday night at the age of 90.

In a statement, church spokesman Eric Hawkins wrote that Monson died at 10:01 p.m. in his home in Salt Lake City surrounded by family.

Monson had been at the helm of the 16 million-member Mormon church for nearly a decade and will be remembered as much for his personal ministry as for his aversion to grand pronouncements. He was a traditionalist without a bold agenda whose presence as a church leader faded as he aged. In recent years, he remained quiet as the church grappled with issues like ordaining women and baptizing children of gay couples.

A storyteller

Monson was a storyteller. Many of his stories involved following an inner prompting from the Holy Spirit.

“On one occasion many years ago I was swimming laps at the old Deseret Gym in Salt Lake City when I felt the inspiration to go to the University Hospital to visit a good friend of mine,” Monson said during the October 2012 General Conference.

“I later learned from my friend that he had been utterly despondent that day and had been contemplating taking his own life,” Monson continued. “I had arrived at a critical moment in response to what I know was inspiration from on high.”

Mormon Church Will Withdraw From Boy Scouts' Programs For Older Teens

Mormons Remove Church Leader For The First Time In Nearly 30 Years

A native of Salt Lake, many of his anecdotes took place there. Whether that was visiting the 80 widows that lived in his downtown congregation as a young bishop or dropping in to see someone at just the right time.

Monson was a young man, only 36, when called to be a full-time apostle for the church, part of the second-highest governing body. That would be unheard of today.

“He really spent most of his life serving in the church,” says William Walker, a former general authority for the church who worked closely with Monson for many years.

Walker and Monson would often travel together on assignment and during those trips, he says, Monson would always make time to meet and shake hands with as many church members as he could.

Walker remembers one time in particular when Monson had just spoken to a large gathering. Following the closing prayer, he leaned over to the church leader and said, “If we slip out the side door, I can get you back to the hotel very quickly and get you some rest.”

Monson looked at him and responded, “If Jesus was here, do you think he would slip out the side door?” Walker decided to never make that suggestion again.

On church practice and policy, Monson didn’t seem to have much of an agenda. He was a traditionalist.

“I often heard him refer to the previous leaders of the church and he wanted to follow precedent,” says Walker.

One big change he will be remembered for is lowering the age for full-time missionary service. Women are now able to serve at age 19 instead of 21. This change led to a dramatic increase in the number of missionaries serving worldwide.

But in recent years, Monson had scaled back public appearances and speeches. His health was declining and he was reportedly suffering from memory loss.

“President Monson had such a prodigious memory,” Walker says. “He could remember everybody and everything. So as [he] had to deal with that as [he] got older, that had to have been extremely challenging and difficult for him.”

A private prophet

Monson’s ill health came at an inopportune moment for the church.

“I feel like in the almost 10 years that he’s been president, it’s been a time of real turmoil for the church,” says Kristine Haglund, a Mormon writer and former editor of Dialogue magazine.

Haglund points to one recent time in particular as a stress point for church members. In November 2015, the church declared that the children of gay couples could no longer be baptized.

It was a shock for many, confusing for most and seemed to contradict a growing acceptance of LGBT Mormons. But most confusing of all was that Monson was nowhere to be found. He said nothing publicly about the decision.

“It wasn’t controversial to suggest that President Monson wasn’t necessarily in charge,” says Haglund.

Haglund says that as Monson became less and less involved in church governance, it wasn’t clear who was steering decisions like this one. He also remained quiet during a movement to ordain women that gained national attention.

During the nine years he served at the head of the church, Monson only held one press conference soon after he was called. Much of what he felt or thought about current issues was left entirely to speculation.

“Mormons generally like certainty, they like to testify of things that they know,” Haglund says. “They like to feel certain that the prophet will never lead them astray and will tell them what they should do in an uncertain time and in an uncertain world.”

For some, the past few years have been uncertain times. But, Haglund says, that’s the price of having leaders who serve for life and this likely won’t be the last time a Mormon prophet retreats during their final years.

“We have to get used to this kind of leaderlessness, or at least the diluted sense of a leader’s presence,” Haglund says.

The church has not announced who will take Monson’s place as president. A successor will not be chosen until after his funeral, a spokesman said.

But tradition is that the senior-most church apostle is called to be the next president. In this case, that would be Russell M. Nelson, a former heart surgeon who at 93 seems to be in good health.

The Health 202: Hatch’s retirement means the Senate could get even less bipartisan on health care

THE PROGNOSIS

Senate Finance Committee Chairman Orrin Hatch (R-Utah) speaks to reporters following a meeting with President Trump at the White House. Hatch announced Tuesday he is retiring after four decades in Senate. (AP Photo/Manuel Balce Ceneta, File)

The Senate is losing a health-care heavyweight at a point of unprecedented weakness, as it struggles to move forward on just about any kind of health policy.

Utah Republican Orrin Hatch — whose 40 years in office makes him the longest-serving GOP senator —  has announced his intention to retire at the end of this year. With Hatch’s exit, the Senate will lose one of its few remaining negotiators, one of the bipartisan-minded types who have become scarce in the halls of Congress.

“He represents a different time in the Senate and I think it’s kind of sad to see the era end,” a former Hatch staffer told me yesterday. “I don’t think they make senators like him anymore.”

Pick just about any major health-care bill enacted over the past several decades and Hatch probably had a hand in it. For the whole time I’ve covered Capitol Hill goings-on, Hatch has always been a reliable source of the latest news (as long as you stood close enough to hear his barely-above-a-whisper voice). He’s chairman of the Senate Finance Committee and has sat for years on the Senate’s No. 2 health-care panel, the Health, Education, Labor and Pensions Committee.

When Congress finally set out three years ago to replace a flawed Medicare formula that had annually threatened dramatic pay cuts for doctors, Hatch was in the middle of negotiations that eventually resulted in a new system that instead tries to reward doctors based on the quality of the care they provide.

Last September, Congress passed Hatch’s Chronic Care Act, a major victory for telehealth advocates because it allows Medicare accountable care organizations to expand virtual care for stroke and dialysis patients and builds broader telehealth benefits into Medicare Advantage plans.

But Hatch’s résumé extends way before The Health 202’s recollection. In the 1980s, he teamed up with Democratic Rep. Henry Waxman (Calif.) on major legislation that encouraged companies to manufacture generic drugs while establishing the modern system of regulating generic drugs (see yesterday’s Health 202 for more on generics). Hatch was also co-sponsor of Waxman’s Orphan Drug Act, which gave drugmakers tax breaks for developing treatments for rare diseases.

In the 1990s he worked with his dear friend, Democratic Sen. Ted Kennedy (Mass.) to create what will be perhaps his best-remembered accomplishment: The Children’s Health Insurance Program, which has been very successful in covering many low-income children and pregnant women in the United States. Although support for the program remains bipartisan, it’s at a crucial moment as states start running out of funding and the parties remain gridlocked over how to fund the program for the long term.

Hatch and Kennedy, who were often described as “a legislative odd couple,” also worked together on bills involving biomedical research, AIDS, child care and civil rights for those with disabilities.

“I think they both were brilliant legislators,” said Pattie DeLoatche, who served as a health policy staffer to Hatch for more than a decade. “Both of them had a wonderful sense of humor and they both wanted to accomplish something.”

Of course, in recent years, Hatch has also lobbed his fair share of criticisms at the Affordable Care Act alongside his fellow Republicans. In February 2015, he introduced a bill with Sen. Richard Burr (R-N.C.) and Rep. Fred Upton (R-Mich.) to replace the ACA with a system that included revamped insurance subsidies and structural changes to Medicaid.

As the first senator to introduce legislation repealing the health-care law’s individual mandate to buy coverage and the employer mandate to offer it, Hatch appeared extremely gratified when the individual mandate was repealed in the GOP’s recent tax overhaul.

But through the years, Hatch has often criticized his follow senators for allowing their disagreements to escalate into bitter animosity, a state that seems more the norm than the exception in Congress these days. The old-school approach was for senators to disagree without being disagreeable — and Hatch has appeared increasingly dismayed that that’s not the modus operandi anymore.

“I’m concerned about this body and how it’s going,” Hatch told his colleagues from the Senate floor last February. “I’m hoping that we can still have our fights and still have our arguments and still have the enjoyable aspects around here of comradeship and working with each other.”

The partisan situation became even worse over the spring and summer, as the GOP worked to pass entirely one-sided health-care bills that ultimately folded in the Senate. Throughout the process, Hatch would often express skepticism to reporters, and even frustration, the process.

But clearly the soft-spoken senator loves being a senator. Former staffers say he’s not prone to working on impossible-to-pass legislation just to send a message, as many members do. Instead, he generally focuses on getting a Democratic co-sponsor for anything he truly hopes can get done.

Another former Hatch staffer recalled to me how the Utah Republican would often get lunch with Sens. Mark Warner (D-Va.) or Elizabeth Warren (D-Mass.). “He constantly worked across the aisle in ways the public rarely saw,” the staffer said. “The Senate will be a much less civil place without him.”

The Americans With Disabilities Act, a 1990 civil-rights law prohibiting discrimination based on disability, was among several bipartisan legislative accomplishments Hatch touted in a Deseret News op-ed published yesterday.

“During my time in the Senate, I’ve authored more bills that have become law than any other member of Congress,” Hatch wrote.

Many on Twitter offered their thoughts about Hatch and his career:

Democratic operative Hilary Rosen:

Kaiser Health News’s Julie Rovner with some perspective:

PhRMA CEO Stephen Ubl:

Politico’s Jennifer Haberkorn: 

CQ Roll Call’s Mary Ellen McIntire: 

A CVS Health Corp. store in downtown Los Angeles. Photographer: Christopher Lee/Bloomberg

AHH: If you pay any attention to the health-care industry, you’ve probably noticed a lot of blame-shifting for steep medical costs. Insurers routinely blame drugmakers and providers blame insurers for the price tag of everything. And so on. Lately, pharmaceutical companies have been working hard to peg blame for rising drug costs on pharmacy benefit managers, our colleague Carolyn Y. Johnson writes. Pharmacy Benefit Managers, or PBMs, often serve as middlemen between the patient and drugmaker.

“Who decides what you pay for your medicines? Not who you might think,” warns a PhRMA-backed radio ad airing in D.C last month. “More than one-third of the list price of a medicine is rebated back to middlemen, like insurers and pharmacy benefit managers.”

“With national and state advertising campaigns, white papers and cartoon infographics, the powerful and well-funded drug-industry lobby spent 2017 working to redirect public anger about drug prices to pharmacy benefits managers: links in the supply chain that sits invisibly between the patient and the drugmaker — in the process bringing a long-simmering feud between two big health-industry players into the open,” Carolyn writes.

Early last year, President Trump and Congress appeared ready to take on pharmaceutical prices. But drug companies’ fight with PBMs and insurers has “helped thwart any real action — splintering the problem into a multi-industry echo chamber of accusations that’s hard to comprehend, much less solve.” “The intra-industry conflict has meant that 2017 — a year when it seemed as if concerns about the affordability of drugs might translate into action — was consumed with an effort to try to unravel what is happening in the supply chain,” Carolyn writes.

(iStock)

OOF: This seems crazy, but the National Academy of Medicine has estimated the health-care system wastes around $765 billion a year — which comprises about a quarter of what we spend. Why and how, you ask? Pro Publica’s Marshall Allen explores some possible answers in a piece where he describes a warehouse in Maine filled to the brim with unused medical supplies and equipment.

“It’s hard to downplay what I found when I began investigating the issue. Hospitals throw out so many valuable supplies that a cottage industry of charities has sprung up to collect this stuff and ship it to the developing world — otherwise, all those goods in that Maine warehouse would be headed for a landfill,” Marshall writes. “Nobody tracks how much hospitals waste rather than donate, and I couldn’t track down where each item came from. But experts told me when hospitals change vendors for a type of supply, they often toss the old stuff. Or, if they take over a clinic or facility, they get rid of the items that come with it, even if they are unused and unexpired.”

Operating rooms are a major culprit. One hospital tracking the value of unused items that went to waste during neurosurgery procedures in a single year found a total of $2.9 million wasted for one type of surgery at just one hospital. Nursing homes also throw away hundreds of millions of dollars’ worth of valuable medication every year, Marshall writes.

Eliminating this waste would mean a lot more Americans could get covered. “The Kaiser Family Foundation says it costs an average of $6,690 to pay one person’s insurance premium in 2017. At that rate, the $10 billion saved could insure about 1.5 million people for a year,” Marshall writes. 

Dr. Zofia “Zosia” Piotrowska checks sores in the mouth of patient Diane Legg on Dec. 5 in Danvers, MA. Legg, 55, is undergoing yet another clinical trial for treating her lung cancer that has painful side effects. (Photo by Jamie Cotten for The Washington Post)

OUCH: A growing number of cancer survivors have powerful new immunotherapy treatments to thank, yet many are also suffering from a range of dangerous side effects including arthritis-like joint pain and lung and liver inflammation. These highly touted immunotherapy treatments have downsides that many doctors don’t yet know about, The Post’s Laurie McGinley writes.

“Called checkpoint inhibitors, the new therapies offer a tantalizing chance for survival for patients with advanced melanoma and hard-to-treat cancers of the bladder, kidney and lung,” Laurie writes. “But the treatments, designed to unleash the immune system to attack malignancies, also can spur an assault on healthy organs, causing varied and bizarre side effects ranging from minor rashes and fevers to diabetes and deadly heart problems.”

“Many doctors are not up to speed on how to spot and handle an immune system revved up by immunotherapy, with symptoms that can mimic those of the flu, infections or even food poisoning,” she notes. “That lack of awareness can be dangerous, given that quick intervention is the key to preventing serious damage.”

“Immunotherapy has a completely different side-effect profile than chemotherapy, and that has caught some physicians off guard,” said Drew Pardoll, director of the Bloomberg-Kimmel Institute for Cancer Immunotherapy at Johns Hopkins University. Doctors — including emergency-room physicians, dermatologists and gastroenterologists — “need to go back to school” to learn about immunotherapy, he told Laurie.

–Maybe this is currently the best way to characterize Republicans’ approach to repealing and replacing Obamacare: It’s complicated. While it’s nearly impossible to imagine how they’d manage to pass a health-care bill with an even narrower Senate margin and during an election year, House Majority Whip Steve Scalise (R-La.) said yesterday that repeal — and entitlement reform — is at the top of the GOP to-do list for the new year.

“We’re going to have to work on health care again. I’m for repealing and replacing Obamacare,” Scalise said in a Tuesday interview with “Fox and Friends.” He added that repealing the health care law’s individual mandate through the GOP tax overhaul was a good start.

“Now we need to go and fix the things wrong in health care that are jacking up the costs, so lets get back to work on some of those things, like what we passed in the House, that almost passed in the Senate, so that we can get our health-care system working and rebuild a private marketplace,” Scalise said.

Reporters must wait a few more days to badger individual House members on this question, as that chamber doesn’t return until next week. But today, we welcome back the Senate from its holiday break.

In the meantime, the ACA’s tax on medical device manufacturers has gone into effect, despite earnest attempts by the industry to get it repealed or suspended in various health-care bills and the year-end spending bill. No such luck for the industry. The 2.3 percent excise tax went into effect Monday, after being suspended for 2016 and 2017, the AP reminds us.

But device makers aren’t giving up their fight. “They still hold out hope of repealing or again suspending the tax,” the AP writes. “Despite earlier failures, industry officials say congressional backing for repeal remains strong. The next attempt could come in connection with a spending bill needed by Jan. 19 to avert a government shutdown.”

–A few more good reads from The Post and beyond:

Coming Up

  • The American Enterprise Institute holds a discussion on “Reconnecting Health Care Policy with Economics: Finding and Fixing Distortive Incentives” on Thursday.
  • The Senate Health, Education, Labor and Pensions Committee holds a hearing on the opioid crisis on Jan. 9.
  • The House Veterans’ Affairs Subcommittee on Economic Opportunity holds a hearing on “Home Loan Churning Practices and How Veteran Homebuyers are Being Affected” on Jan. 10.
  • The National Academy of Sciences holds a workshop on “The Promise of Genome Editing Tools to Advance Environmental Health Research” on Jan. 10-11.
  • The House Veterans’ Affairs Subcommittees on Health and on Economic Opportunity hold a joint hearing on addressing veteran homelessness on Jan. 18.

Here’s what’s on the GOP agenda this year: 

With Sen. Orrin Hatch’s retirement, President Trump is losing an ally, and might be gaining a foe:

White House press secretary Sarah Huckabee Sanders wouldn’t say whether President Trump is open to supporting Mitt Romney for the Utah Senate seat vacated by Hatch:

Here’s what you should know about Hoda Kotb, named co-anchor of NBC’s “Today” show:

Why nuclear war with North Korea is less likely than you think


This undated photo distributed Sept. 16, 2017, by the North Korean government purports to show Kim Jong Un, right, celebrating what was said to be the test launch of an intermediate-range missile. (Korean Central News Agency/Korea News Service via AP)

Last night, in response to Kim Jong Un’s claim to have a nuclear button on his desk, President Trump tweeted, “I too have a Nuclear Button, but it is a much bigger more powerful one than his, and my Button works!”

This is not the first time that things have gotten personal in the U.S.-North Korea standoff. Much of the rhetoric between the two leaders and media commentary on the risk of war focuses on the leadership of Trump and Kim — or “Little Rocket Man,” as Trump has called the North Korean leader.

But how much could these two singular leaders really propel us to a nuclear war? Trump’s tweets and other actions certainly can increase the risk of conflict — consistent with our research on how the decisions of individual leaders affect military conflict.

However, in this case, other factors, including geography and military capabilities, will matter more than tweets or the characteristics of leaders. And these factors reduce the likelihood of war.

Leaders can be important for international conflict

For the past few generations, political scientists who write about the outbreak of conflict mainly argued that leaders were irrelevant, focusing instead on international factors such as great power relations or domestic political factors such as whether the two countries involved had democratic institutions.

But more and more scholarship suggests that leaders make a large difference in determining whether and how countries go to war. And it’s not just in dictatorships such as North Korea; even more constrained leaders, such as U.S. presidents, matter. Leaders’ beliefs and experiences before coming into office can be critical in determining whether a country goes to war and what military strategy will be used in the event of war.

But structural forces are strong in this case

Even if leaders have discretion, they are constrained by material and situational constraints. No U.S. or North Korean leader can realistically change or avoid some of these constraints.

One constraint stems from the two sides’ formidable military capabilities, which mean that a general war with North Korea would be devastating, as Barry Posen argued last year. Even before it acquired a nuclear capability, North Korea’s artillery put tremendous pressure on South Korea. Add to that its missile arsenal — which, as nuclear experts have chronicled, can now probably deliver an intercontinental ballistic missile armed with a nuclear warhead against the United States.

A second unavoidable constraint is geography, which may make war less likely. North Korean artillery points directly at Seoul, just 35 miles from the demilitarized zone (DMZ). South Korea may oppose a war, which could influence U.S. behavior. North Korea also borders China, a powerful country whose economic support keeps North Korea afloat.

But China faces its own geographic reality with respect to North Korea, and China is increasingly frustrated with North Korea’s behavior. In the event of war, China does not want refugees flooding across the border into China. Yet China also does not want a unified Korean Peninsula with U.S. troops on its border.

Indeed, in the Korean War, the United States tested geographic constraints by pushing beyond the prewar dividing line, the 38th parallel, in an attempt to unify Korea. China intervened to prevent such an outcome, and the conflict stopped where it started.

All sides know that a war would be a huge and difficult military and political problem. So there are strong incentives to try to deter the other side, rather than escalate.

U.S. and North Korean leaders have reason to make war even less likely

Although the focus on Trump and Kim almost always suggests that their behavior increases the risk of war, they actually have strong incentives to reduce the prospect of war.

Despite rhetoric about North Korea’s irrationality, Kim’s pursuit of nuclear weapons and long range missiles was rational. He wants to stay in power, and nuclear weapons constitute invasion insurance. But a war would probably spell the end of the regime, giving North Korea little reason to start a war.

On the U.S. side, few wars have probably been war-gamed more than a conflict on the Korean Peninsula. U.S. decision-makers know how costly a war might be. Knowledge of these costs makes war less likely.

A leader-driven war would have to overcome strong structural pressures

If “leaders matter” for military decision-making, then with different leaders, we might get a different outcome. So what about Trump and Kim might lead to conflict?

One factor from Trump’s side could be risk acceptance. Trump could decide that he wants to start a war despite the costs, and count on U.S. missile defenses to shoot down North Korean ICBM launches and protect the homeland (an awfully big gamble). In theory, Trump’s lack of experience also could make him less cognizant of the costs of war and less able to draw on his more experienced advisers.

From Kim’s side, studies suggest that dictators — who face fewer checks and balances — are more risk-acceptant. With fewer people to tell them no, they are more likely to escalate in general.

If war occurs, one pathway is through a misreading of one side’s incentives by the other. For example, Kim’s desire to stay in power could lead Trump to believe that, even in the face of limited U.S. strikes against North Korean nuclear and missile facilities, Kim will back down instead of escalate. But it would be hard to credibly signal that those strikes would be limited, and if Kim believes the United States is coming after him, escalation becomes more likely.

Of course, war could also come via miscalculation and, eventually, some kind of preemptive strike. But research suggests that war spirals of that sort are extremely rare.

In war, as in elections, the fundamentals matter

Many questions in political science and history boil down to this: Do individuals or structural forces shape events?

Although recent evidence in international relations scholarship points to the importance of leaders, the North Korean standoff reminds us of the power of structural factors. That may provide some comfort to those who read the president’s tweet last night and worried about the risk of war.

Michael C. Horowitz (@mchorowitz) is professor of political science and the associate director of Perry World House at the University of Pennsylvania. He is the co-author of “Why Leaders Fight.

Elizabeth N. Saunders (@ProfSaunders) is an associate professor of political science at George Washington University. She is the author of “Leaders at War: How Presidents Shape Military Interventions.

YouTuber Logan Paul apologizes for showing body in Japan’s ‘suicide forest’


A group of schoolchildren read signs posted in the dense woods of the Aokigahara Forest at the base of Mount Fuji, Japan. American blogger Logan Paul is apologizing after getting slammed for a video he shared on YouTube that appeared to show a dead body in the Aokigahara Forest in Japan, which is famous as a suicide spot. (AP Photo/Atsushi Tsukada, File)

Logan Paul, one of YouTube’s biggest stars, treated a video he uploaded over the weekend as the equivalent of a TV sitcom’s “very special episode.” To indicate the seriousness of the matter to his young fans, Paul posted a warning at the beginning, telling viewers who are having thoughts of suicide or self harm to seek help. He also demonetized the video so that he would not earn advertising money off its views.

The now-deleted video was titled, “We found a dead body in the Japanese Suicide Forest . . .”, and that is, more or less, exactly what the vlog showed — complete with extended footage of the body of an apparent suicide victim. In a short intro, Paul called it “the most real vlog I have ever posted on this channel” and “a moment in YouTube history.”

On Monday, amid outrage on Twitter and from other YouTube personalities, the video disappeared from Paul’s YouTube channel, and the social media superstar tweeted out an apology. Paul said he “intended to raise awareness for suicide and suicide prevention” with the video, and claimed he “didn’t do it for views.”

“I’m often reminded of how big a reach I have with great power comes great responsibility,” He said. “For the first time in my life I’m regretful to say I handled that power incorrectly. It won’t happen again.”

A moment like this was perhaps inevitable in Paul’s world, where everything is content before it is anything else. The only wrong decision in this universe is to turn the camera off.

If you’re over 25, this might be the first time you’ve heard of Logan Paul. The thing you need to know about him is that he is very famous. Paul has 15 million subscribers on YouTube. Each one of his daily videos routinely gets more than 5 million views. Like his younger brother Jake Paul, who also vlogs daily on his own YouTube channel, Logan’s fans are young — tweens and under, often.

Each Paul has a boy band-like role to play in the brotherhood. Jake Paul was the bad boy, the one who lost his Disney gig after the news picked up on the mayhem outside of his former Los Angeles-area home. Until he vlogged about a dead body, Logan played the relatively responsible older brother, or at least responsible enough to still get cast in TV and movie roles.

Logan calls his fans the “Logang;” Jake’s are the “Jake Paulers.” The brothers treat fandom like a competition, pitting their viewers against each other by maintaining a mostly fake, on-camera rivalry to see who can get the most YouTube views or merchandise sales.

It works, and because of their success, the brothers have become the prosperity gospel preachers of social media stardom, inviting their young fans to follow in their vlogging footsteps. Your daily life, the gospel says, is meant to be monetized, just as the Pauls have done. Jake Paul’s catch phrase is “It’s every day, bro,” which explicitly refers to the fact that he posts a new vlog about his life, every day. He turned “it’s every day bro” into a rap video that, while mocked into the meme stratosphere for its horrible lyrics, currently has more than 167 million YouTube views.

Experiences that don’t become content are, in the Pauls’ world, money and influence left on the table. The daily vlogging gospel only promises wealth and influence if your life on camera is interesting enough to deserve it.So in this context, consider that Logan Paul had footage of a dead body — and more importantly, his own on camera reaction to seeing a dead body for the first time in his life. As I said, it was inevitable.

Dozens of research studies suggest that media sensationalizing suicide, showing it extensively and graphically as this vlog did, can put vulnerable individuals at risk. But that research doesn’t seem to register as even a blip for Logan Paul.

The now-deleted video reveals something else: from the moment Paul walked into that forest, he intended to make a video about death and suicide. But his original plan was to fake it, treating the Aokigahara — where dozens of real corpses are found every year — like a haunted house.  They were going to camp overnight in the forest. When it was dark, they’d pretend to see things, maybe a dead body. It’s the sort of video that tons of YouTubers make while visiting Japan.

Several minutes into the video, Logan and his crew are walking in broad daylight to find a place to camp, like the other YouTubers who have visited this forest for content before them have done. Then they find the body. They move in closer, camera rolling. Logan zooms the camera he is holding in on the body, closer still. He then turns the camera on himself.  “I’m so sorry about this Logang,” Paul said, using the nickname for his millions of YouTube fans, “this was supposed to be a fun vlog.”

Still standing there, feet from the body of an apparent suicide victim, Logan tells his viewers that “we came here with an intent to focus on the haunted aspect of the forest, this just became very real and obviously a lot of people are going through a lot of s— in their lives.”

“Suicide is not the answer, guys, there are people who love you and care for you,” Paul said.

Later, Paul and his crew are beginning to freak out.  “I’ve never seen a dead person. Like, I’ve never discovered a dead person,” Paul says. But standing there, it’s clear that they have already decided to use this footage. Paul tells his viewers that they will be blurring the face of the victim to protect his identity. Authorities have not yet arrived.

“This is the most real vlog I’ve ever made,” Paul says. “400 vlogs And I’ve never, I’ve never had a more real moment than this.”

The vlog is now gone from Paul’s channel. But before it went, a cached version shows, the video had hundreds of thousands of likes and more than 6 million views.

More reading: 

Trump urges Justice Department to ‘act’ on Comey, suggests Huma Abedin should face jail time