McCabe Will Not Appear At Senate Hearing Amid Reports Of Senators Testing Positive For COVID

Andrew McCabe’s attorney said that the former FBI deputy director would not appear at a Senate Judiciary Committee hearing next week after two of its members tested positive for COVID-19, The Hill reported on Saturday.

McCabe was scheduled to testify on Tuesday as part of an investigation into the FBI’s Russia probe but will no longer appear according to his attorney, Michael Bromwich who noted health concerns amid recent reports that top Republican leaders had been diagnosed with the virus. 

 Per The Hill, McCabe’s attorney told Senate Judiciary Chair Lindsey Graham in an email that “an in-person hearing carries grave safety risks” to all of those in attendance after two members of the committee — Sens. Mike Lee (R-UT) and Thom Tillis (R-NC) tested positive. 

“It may well be that other members of the Committee and staff who plan to attend the hearing will test positive between now and then, or may have been exposed to the virus and may be a carrier,” Bromwich wrote in the email.

McCabe’s attorney said that the former FBI official would be willing to offer testimony “in the future when it is safe to do so. But he is not willing to put his family’s health at risk to do so.”

The email declining to appear, comes as Senate Majority Leader Mitch McConnell on Saturday issued a statement saying that he intended to seek a consent agreement to postpone much of the Senate’s floor activity which is scheduled to convene beginning on Monday.

McCabe’s lawyer said that the ex-FBI official as a matter of fairness would not be willing to testify remotely.

“A fair and appropriate hearing of this kind — which is complex and contentious — simply cannot be conducted other than in person,” McCabe’s attorney wrote, per The Hill.

Graham has led the committee’s investigation into the FBI’s Russia probe and former special counsel Robert Mueller’s inquiry. 

Democrats have pushed back on Graham’s investigation, calling it a partisan move to boost Trump ahead of the election which is now just one month away. 

While Mueller has declined to testify in the hearing, former FBI Director James Comey appeared before the panel last week defending the FBI’s investigation. 

McConnell Plows Ahead With Barrett Hearing Even After 3 GOP Senators Test Positive For COVID

Senate Majority Leader Mitch McConnell (KY) on Saturday said that he will seek to obtain a consent agreement only to delay the return of Senate floor proceedings scheduled to begin on Monday, meanwhile pushing ahead with the Senate Judiciary Committee’s original timeline set for the confirmation hearing of a conservative judge to the Supreme Court.

“The Senate Judiciary Committee will convene on October 12th as Chairman Graham has scheduled to begin confirmation hearings for Judge Amy Coney Barrett’s nomination to the Supreme Court,” McConnell said in a statement issued Saturday. “The Senate’s floor schedule will not interrupt the thorough, fair, and historically supported confirmation process previously laid out by Chairman Graham.”

The proposed delay that only extends to the Senate’s floor activity but keeps the confirmation hearing schedule intact, follows reports that three GOP senators have tested positive for coronavirus in recent days.

Sen. Ron Johnson (R-WI) reported a positive test for COVID-19 on Saturday, joining a growing list of Republican lawmakers including Sens. Thom Tillis (R-NC) and Mike Lee (R-UT) who reported diagnoses for coronavirus after President Donald Trump announced he had contracted the virus early Friday.

It is unclear whether Democrats will agree to a delayed return to the Senate. Minority Leader Chuck Schumer suggested that it would be “too dangerous for committee hearings to continue” amid the reported COVID-19 infections of three of his Senate colleagues. 

WH Doctor Shifts Story On Trump’s COVID Diagnosis During Evasive Briefing

White House physician Sean Conley delivered a vague and evasive update on President Trump’s treatment for coronavirus on Saturday, contradicting earlier information about the President’s diagnosis and leaving many unanswered questions. 

Standing in front of a team of doctors involved in Trump’s treatment at Walter Reed Military Medical Center, Conley insisted the President is doing “very well.” But the White House doctor offered a baffling new timeline on when the President received an initial positive diagnosis for coronavirus.

Conley revealed that as of Saturday’s press conference Trump was 72 hours into his diagnosis of COVID-19, a date that directly contradicts the President’s own announcement early Friday. Trump told Sean Hannity on Thursday night, after the revelation of Hope Hicks’ COVID-19 diagnosis, that he and the first lady had just been tested and were awaiting results.

Conley’s timeline would place Trump’s positive diagnosis at Wednesday morning. Trump tweeted about his positive diagnosis at roughly 1 a.m. ET Friday, roughly 36 hours ahead of the doctors’ briefing.

After this article was first published, Conley sent out a memo seeking to clean up the messy timeline that appeared to place Trump’s diagnosis days earlier than it was reported. In a memo titled “Timeline Clarification,” Conley said that he had misspoken when he “incorrectly used the term” 72 hours to refer to “day three” of the President’s diagnosis during the Saturday briefing.

“The President was first diagnosed with COVID-19 on the evening of Thursday, October 1st,” the memo says.

Amid the timeline first proposed by Conley was also a refusal to discuss when Trump last received a negative test for coronavirus. His evasiveness adds to the lack of transparency offered by the White House on the President’s situation. The President has claimed he gets tested for coronavirus daily, but when he arrived at the presidential debate Tuesday in Ohio he was too late to receive a test on location, and moderator Chris Wallace said Trump was allowed to proceed based on an “honor system.”

Conley’s lack of clarity on testing raises further questions about whether protocol and precautions were being followed in the White House to protect against the virus’ spread with regular testing, as a growing list of officials in close contact with the president in recent days continue to test positive for COVID-19.

While Conley said that Trump is not currently on oxygen, he refused to say whether the President had received supplemental oxygen earlier in his treatment. The Associated Press reported after the news conference that Trump had received oxygen at the White House before beginning treatment at Walter Reed, citing a source. Conley’s evasion of the question, when pressed multiple times by reporters, raises concern about how the President is faring with the virus.

Conley said Trump that been fever-free for 24 hours, adding “we remain cautiously optimistic, but he’s doing great.” But he refused to give reporters specific information on what the President’s temperature was. 

“I’d rather not give any specific numbers, but he did have a fever Thursday into Friday,” he said.

Asked about screenings to detect lung damage, Conley said his team was performing daily ultrasounds on the President and “following all of that.” He would not say whether Trump showed evidence of lung damage.

The entire briefing sought to paint a rosy picture of Trump’s health. However, moments after it ended a source familiar with the President’s health issued an alarming and contradictory statement to the White House press pool.

“The president’s vitals over the last 24 hours were very concerning and the next 48 hours will be critical in terms of his care. We’re still not on a clear path to a full recovery,” the source said.

A day after telling reporters that the President was doing well and “continues to be very energetic,” White House Chief of Staff Mark Meadows was caught on camera Saturday asking to go off record before the anonymous statement was sent out in a White House pool report. A number of reporters attributed the statement to Meadows.

CNN’s Dr. Sanjay Gupta strongly criticized the lack of credible information doctors provided Saturday.

“It was almost more about what he wouldn’t answer versus what he did,” Gupta said, adding that Conley’s avoidance of questions raised red flags about whether the doctor was being forthright in giving a full picture of the President’s condition.

The President, who is 74, is at higher risk of complications from coronavirus due to his older age and underlying obesity. He received remdesivir treatment at the military hospital on Friday. The White House said he is expected to stay at Water Reed for the next few days.

After this article was first published, Conley sent out a memo seeking to clean up the messy timeline that appeared to place Trump’s diagnosis days earlier than it was reported. In a memo titled “Timeline Clarification,” Conley said that he had misspoken when he “incorrectly used the term” 72 hours to refer to “day three” of the President’s diagnosis during the Saturday briefing.

“The President was first diagnosed with COVID-19 on the evening of Thursday, October 1st,” the memo says.

Dems Stick By Cunningham In Senate Race Amid Revelation Of Sexually-Suggestive Texting

The Democratic Senatorial Campaign Committee said Saturday that it will continue to back Democrat Cal Cunningham for a critical Senate seat in the North Carolina race after the candidate admitted to exchanging sexually-suggestive texts with a strategist.

According to Politico, Lauren Passalacqua a spokesperson for the Democratic Senatorial Campaign Committee issued a statement Saturday affirming that the committee would stand by Cunningham who has said he will not drop out of the race after the texts were revealed on Friday. 

“We are confident that he will bring the same courage and determination to the Senate as he has while serving our country in uniform,” Passalacqua said.

The news comes after screenshots of sexually-suggestive text messages Cunningham had exchanged with a woman who is not his wife were published on Friday.

“Would make my day to roll over and kiss you right now,” Cunningham wrote in one of the messages. “I want to kiss you,” the woman wrote in separate message, later adding: “I want a night with you,” according to screenshots of the messages originally posted by right-wing website NationalFile.com.

Rachel Petri, a spokeswoman for Cunningham’s campaign, confirmed the authenticity of the text messages to Associated Press.

“I have hurt my family, disappointed my friends, and am deeply sorry,” Cunningham said in the statement. “I remain grateful and humbled by the ongoing support that North Carolinians have extended in this campaign, and in the remaining weeks before this election I will continue to work to earn the opportunity to fight for the people of our state.”

The drama that now plagues Cunningham follows a reported state record $28.3 million in fundraising in the third quarter of this year.

The news follows an announcement by Cunningham’s opponent, Sen. Thom Tillis, who announced earlier on Friday that he had tested positive for coronavirus — a blow that will impact his ability to campaign with a month remaining until the election in a race that is widely seen as seen a crucial win for Senate control.

Democrats need to net at least three seats and win back the White House or pick up four seats to win Senate majority and appear to have eyes fixed on North Carolina. Polls ahead of the recent news for both candidates show Cunningham leading by a slim margin.

Like a Novel and Not a Good One

It’s like a novel and not a terribly good one. It now seems quite probable, if not certain, that the death of Ruth Bader Ginsburg on September 18th triggered a chain of events that led directly to the President’s diagnosis and subsequent hospitalization for COVID-19. As you may have heard, a growing body of circumstantial evidences points strongly to the conclusion that the announcement event for Amy Coney Barrett as the President’s nominee to replace Ginsburg was the spreader event that has led to the current outbreak at the White House and in the upper echelons of the GOP.

To date, Trump, Melania Trump, Sens. Lee and Tillis, the President of Notre Dame University, Kellyanne Conway, campaign manager Bill Stepien, Hope Hicks have all tested positive in the last 48 hours. RNC Chair Ronna McDaniel and Sen. Ron Johnson have also tested positive, though their connection to the Rose Garden event is less direct or at least unclear.

WH National Security Council Finally Orders Staff To Wear Masks

The White House National Security Council on Friday directed all staff to start wearing masks in White House common areas and to “avoid unnecessary visits” to the West Wing, according to an internal email obtained by CNN.

The order was issued after President Donald Trump after being diagnosed with coronavirus on Friday was sent to a military hospital for treatment. Since his diagnosis, at least three other GOP senators have reported positive tests for coronavirus. 

Masks have not previously been strongly pushed on White House grounds. Their usage has often been questioned from the top — with the President repeatedly mocking those who don masks —  and seldom appearing in public wearing a face covering to protect against the virus. 

“Effective October 2, 2020, all National Security Council (NSC) staff reporting to the Executive Office of the President campus are required to wear a mask in all common areas, including security screening facilities, elevators, hallways and restrooms,” according to the email.

“”In addition, masks are required where social distancing guidelines cannot be consistently observed which may include personal workspaces and conference rooms,” the email says. “”Unless your duties require in-person business in the West Wing we respectfully ask you to avoid unnecessary visits.”

Trump campaign manager Bill Stepien on Friday had sent out a similar memo urging  staffers to wear masks which he claimed was among “practices the campaign has long encouraged.” Stepien, who was not seen wearing a mask himself en route to the first presidential debate in Cleveland on Tuesday, has since reported a positive test for coronavirus — adding to a growing list of Trump’s inner circle reporting infections of the virus.

ICYMI: Your TPM Weekend News Roundup

Trump Catches COVID

  • President Trump announced in an early morning tweet Friday that he and first lady Melania Trump tested positive for COVID-19, placing him in a small orbit of world leaders who have contracted the virus in recent months.
  • The TPM staff got cracking on a liveblog early in the morning, and you can find all of our updates on the fast-moving story here.
  • Initially, the White House was vague on how severe the President’s case of COVID was. But throughout the day, Donald and Melania Trump’s symptoms were described as “mild,” then “moderate.” By the end of the day Friday, Trump was being hospitalized at Walter Reed for “a few days,” according to the White House.
  • Trump has had a busy week of campaign events, including the presidential debate on Tuesday and a rally Wednesday, flouting CDC guidelines on self-isolating even after members of his inner orbit tested positive for COVID-19.
  • Local officials have already begun cleaning up Trump’s COVID mess, with New Jersey Gov. Phil Murphy urging attendees of Trump’s Bedminster fundraiser to get tested. The Minnesota Department of Health also urged people to get tested if they attended Trump’s Wednesday night rally in Duluth.
  • Vice President Joe Biden tested negative for COVID-19 on Friday. While that isn’t proof that Biden is totally out of the woods, the ample space between the two podiums at the debate on Tuesday means he is likely at low risk for catching the virus.
  • A number of prominent people online, including Chance the Rapper and filmmaker Michael Moore, quickly suspected Trump was lying about his coronavirus diagnosis. We never bought into that magical line of thinking.

Trump’s Debate Tantrum

  • Trump threw a tantrum onstage for 90 minutes during his first debate with Joe Biden on Wednesday, interrupting and interjecting at nearly every turn.
  • After the dust settled on the debate, Trump’s refusal to condemn white supremacy and a far-right hate group called the Proud Boys stuck out as the most consequential moment. The group loved Trump’s shout out when the President said, awkwardly, “stand back and standby.”
  • Biden hammered Trump as the “elite” class that the President so often rails against. One of Biden’s sharpest lines of the night came when he said Trump “wouldn’t know a suburb unless he took a wrong turn. I was raised in the suburbs.”
  • When Trump wasn’t constantly interrupting, he tripled down on his threat to oppose a peaceful transition of power if he loses to Biden in November.
  • Trump belligerent debate performance earned him swift rebukes from journalists, with CNN’s Dana Bash calling the spectacle a “shit show.”

Flynn Not Out Of The Woods Yet

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NY Nightmare: Our Pandemic-Election Risk Assessment Looks At CT, DE, DC, NY, OK

It’s hard to imagine a bigger reminder of the threat that COVID-19 continues to pose than the news that President Trump has tested positive for the virus. And this week we continue our state-by-state look at how election officials are trying to keep voting safe in the pandemic.

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