Welcome to the Overnight News Digest with a crew consisting of founder Magnifico, current leader Neon Vincent, regular editors side pocket, maggiejean, Chitown Kev, Interceptor7, Magnifico, annetteboardman, jck, and Besame. Alumni editors include (but not limited to) Man Oh Man, wader, palantir, Patriot Daily News Clearinghouse (RIP), ek hornbeck, ScottyUrb, Doctor RJ, BentLiberal, Oke (RIP) and jlms qkw.
OND is a regular community feature on Daily Kos, consisting of news stories from around the world, sometimes coupled with a daily theme, original research or commentary. Editors of OND impart their own presentation styles and content choices, typically publishing each day near 12:00 AM Eastern Time.
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THE TRIAL OF DONALD J. TRUMP, 45TH PRESIDENT OF THE UNITED STATES
Christian Science Monitor: Impeachment trial: A foregone conclusion belies big stakes by Francine Kiefer
The pitched partisan battles over procedure and witnesses. The solemn scene of all 100 senators sitting quietly at their desks. The chief justice of the United States presiding over the impeachment trial of a president – only the third in U.S. history.
The Senate trial of President Donald Trump on charges of abuse of power and obstruction of Congress began in earnest on Tuesday with wrangling over rules, but its endpoint appears to be a foregone conclusion. The Constitution sets a high bar – a two-thirds vote, or 67 senators – to convict and remove a president from office. That’s hard to imagine this time, in a chamber controlled by the president’s own party.
And yet Republicans and Democrats are furiously strategizing – not to change the end result, but to shape public opinion, says Steven Smith, an expert on the Senate at Washington University in St. Louis. “This really isn’t about convicting the president, obviously, so the real question is whether or not the political context is evolving in a way that favors one side or the other.”
Washington Post: Senate Democrats privately mull witness trade in impeachment trial: A Biden for Bolton by Rachael Bade, Robert Costa, and Seung Min Kim
Several Senate Democrats are privately discussing the possibility of calling Republicans’ bluff on witnesses, weighing an unusual trade in President Trump’s impeachment trial: the testimony of Hunter Biden for the testimony of a key administration official.
Publicly, most Democrats have scoffed at the growing GOP clamor to hear former vice president Joe Biden’s son testify, dismissing him as irrelevant to the charges against Trump and accusing Republicans of trying to distract from the allegations against the president.
But behind closed doors, a small group of Democratic senators and aides has begun to question that logic, sounding out colleagues on whether to back a witness deal that could lead to testimony from former national security adviser John Bolton or other administration officials with possible firsthand knowledge of the Ukraine controversy, according to multiple Democratic officials who spoke on the condition of anonymity to describe the private discussions.
RollCall: Impeachment comes with its own rules — or lack thereof — on standard of proof by Griffin Connolly
What is the standard of proof senators will apply to the impeachment trial of President Donald Trump? It depends on whom you ask.
The Constitution provides only bare-bones instructions on the impeachment framework. It does not outline a “standard of proof.”
Some legal experts have argued that the seven Democratic House managers must prove “beyond a reasonable doubt” that the president abused his office and obstructed justice, as in a criminal trial. Others contend they must merely present a “preponderance of evidence” to support their impeachment articles, as in many civil cases.
The reality is such concerns over the standard of proof seldom make a difference in any kind of trial, with numerous jury behavior studies showing jurors assess evidence the same way regardless of their instructions.
Politico: Trump impeachment team undercuts DOJ position in McGahn case by Kyle Cheney and Andrew Desiderio
Donald Trump’s lawyers made an impeachment U-turn on Tuesday — one that could have immediate consequences for the president’s ongoing legal fight against the House’s oversight investigations.
After arguing in court for months that federal judges should stay miles away from disputes between Congress and the White House — for fear that they become political actors in a divisive impeachment probe — the president’s lawyers spent the first working day of Trump’s Senate impeachment trial arguing the exact opposite, and suggesting that those who disagree are hostile to the Constitution.
“The president’s opponents, in their rush to impeach, have refused to wait for judicial review,” said Jay Sekulow, Trump’s personal lawyer, who is working alongside White House counsel Pat Cipollone on the president’s impeachment defense. Sekulow also echoed law professor Jonathan Turley, who recently warned against “making a high crime and misdemeanor out of going to the courts.” Turley testified against Trump’s impeachment during one of the House’s public impeachment hearings.
But that argument is in direct conflict with the Trump Justice Department’s own forceful arguments — some as recently as this month — that allowing courts to step into such battles between Congress and the White House would be an affront to the separation of powers. On Jan. 3, a Justice Department attorney fighting the House’s impeachment inquiry said “unelected” judges should not be “refereeing” such disputes. DOJ attorney Hashim Mooppan argued that the court should steer clear of “a purely political dispute.”
Other News
Chicago Sun-Times: O’Hare to begin screening for mysterious coronavirus after 1st case reported in U.S. by Carlos Ballesteros, Sam Charles, and Stefano Esposito
As federal authorities confirmed Tuesday the first case on U.S. soil of a deadly new virus that arose in the so-called “Chicago of China,” city and state officials are preparing to do their part in preventing a potential epidemic that one local expert says the country is completely unprepared to handle.
The virus — part of the coronavirus family, which includes severe acute respiratory syndrome, or SARS — broke out in the central Chinese city of Wuhan last month. Since then, the virus — which can cause coughing, fever, breathing difficulty and pneumonia — has infected more than 300 people and killed six.
On Tuesday the Centers for Disease Control and Prevention said a man in his 30s from Washington state contracted the disease after traveling to Wuhan earlier this month. He is now in isolation at a hospital near Seattle.
The infected man came into the country before U.S. health officials began screening passengers from Wuhan at major international airports. As of Tuesday, all passengers coming to the U.S. from the city will be diverted to five airports, including O’Hare, where they will be screened for any symptoms.
San Diego Union-Tribune: Lawyer challenges city on evidence in infractions cases, which have climbed sharply in recent years by Greg Moran
A lawyer who represents people cited for low-level infractions is challenging the San Diego City Attorney’s Office and its policy not to provide evidence before trial, a practice she says unfairly hampers defendants challenging their tickets.
Attorney Coleen Cusack represents homeless people cited for infractions, such as overnight camping, when their cases are heard at the San Diego Superior Court traffic and minor offense courthouse in Kearny Mesa. The court handles both traffic infractions as well as non-traffic violations. She has raised the issue in the case of Matthew Houser, who was cited by San Diego police for violating the city’s overnight camping ban when he was found sleeping behind a Balboa Park museum on Jan. 31, 2019.
Infractions are the least serious category of crimes in the state, behind misdemeanors and felonies. But Cusack contends that because of the policy of City Attorney Mara Elliott, defendants who contest their infractions have to spend more money and time getting evidence, known as discovery, than if they were charged with a more serious misdemeanor.
Kansas City Star: Should you pay a fine for not shoveling your sidewalk? KC area advocates want change by Sarah Ritter
Driving on a busy four-lane intersection in Overland Park a couple of weeks ago, Rebecca Crowder noticed a woman wrapped up in a wool poncho and scarf, pushing a walker through inches of snow and slush on the sidewalk.
It wasn’t the first time Crowder had stopped her car to make sure an elderly or disabled resident walking on icy, snow-covered sidewalks could make it to the bus stop or home safely. Last winter, she remembers seeing a man using a wheelchair, trying to navigate down 95th Street without a clear path.
“That upset me a lot,” said Crowder, an Overland Park resident. “I was like, I have to do something about this. It just upsets me. I’m frustrated that we don’t do better.”
Crowder is now pushing the city to adopt an ordinance requiring residents to shovel snow from sidewalks adjacent to their property — or else they could pay a fine. She will present her request to the Public Works Committee on Wednesday. The committee could then make a recommendation to the City Council.
The Kansas City-area proposal is a state law in Massachusetts.
Massachusetts law givers you 6 hours (I think) from the time that the snow stops falling to clear your sidewalk of snow.
Washington Post: Virginia Senate votes to eliminate Lee-Jackson Day, create new Election Day holiday by Laura Vozzella
RICHMOND — The Virginia Senate on Tuesday voted to scrap a state holiday honoring two Confederate generals and create a new holiday on Election Day, another tremor in the Democratic earthquake rattling the former capital of the Confederacy.
Senators voted 22 to 18 to do away with the Lee-Jackson holiday, with every Democrat and one Republican, Sen. Siobhan S. Dunnavant (Henrico), in favor. The bill now heads to the House.
For more than a century, Virginia has set aside a day in January to honor Gens. Robert E. Lee and Thomas “Stonewall” Jackson. The General Assembly made Jan. 19, Lee’s birthday, a holiday in 1890. In 1904, it turned the holiday into Lee-Jackson Day, adding Jackson, who was born Jan. 21.
In the mid-1980s, the legislature added the Rev. Martin Luther King Jr. to the mix, billing “Lee-Jackson-King Day” as an homage to “defenders of causes.”
NBC News: Doubts surface over Puerto Rican governor's motivation to fire housing secretary by Nicole Acevado
The decision by Puerto Rico's governor to fire the island's housing secretary just as the U.S. territory is slated to receive some long-awaited hurricane recovery funds is throwing uncertainty into an already complicated process — as both sides dispute the motivations behind the ouster.
Gov. Wanda Vázquez fired Housing Secretary Fernando Gil Enseñat and two other high-profile officials after residents in the earthquake-hit southern town of Ponce discovered a warehouse full of emergency supplies, some dating back to 2017 when Hurricane Maria devastated the U.S. territory.
Reuters: Trump says U.S. ready to 'help' in India-Pakistan Kashmir dispute
DAVOS, Switzerland (Reuters) - President Donald Trump said the United States was watching developments between India and Pakistan over Kashmir “very closely” and was prepared to help if necessary, but did not say how.
Speaking ahead of talks with Pakistan Prime Minister Imran Khan on the sidelines of the World Economic Forum, Trump said trade and borders were both critical points for discussion, while Khan said that for him Afghanistan was the top priority.
“Trade is going to be of very, very paramount importance ... and we’re working together on some borders, and we’re talking about Kashmir in relation to what is going on with Pakistan and India. And if we can help we certainly will be helping,” he said.
“We’ve been watching that and following it very, very closely,” he added.
Kashmir, which sits high in the Himalayas between India and Pakistan, has been in dispute between the nuclear-armed neighbors since they gained independence in 1947.
Sh*t, India and Pakistan just might be doomed.
AlJazeera: Do airlines and airports treat African passengers differently? by Shayera Dark
Lagos, Nigeria - African travellers flying on international airlines to and from the continent say they are fed up with receiving poor service from flight attendants and ground staff, and tired of being transported in older carriers.
Many told Al Jazeera that they notice the difference when they transit and travel on planes from the same airline, which boast sleeker aesthetics. Suddenly, they get more legroom, larger, touch-screen monitors and friendlier cabin crews.
Nigerian flier Chibuzo Okereke, who flew from Nigeria to Canada via France last year, told Al Jazeera: "The Air France flight from Lagos to Paris had a small screen, no USB charging port, and a limited selection of entertainment in comparison with the Paris to Toronto flight. It was an older aircraft."
International airports have also been accused of applying a different set of standards, with African travellers alleging they experience extra security checks and have to traipse further through terminals to reach their gates.
Brussels Airport's T terminal has come under particular scrutiny - with one blogger, Cosmos Godson, claiming to experience "structural racism" there.
BBC News: Brazil dam collapse: Murder charges filed by prosecutors
Brazilian prosecutors have filed charges including murder in relation to the collapse of a dam a year ago that killed at least 250 people.
The collapse in Brumadinho, Minas Gerais state, in January 2019 was Brazil's worst industrial accident.
Mining giant Vale and German auditor Tüv Süd face environmental charges, with 16 individuals who worked for the companies facing charges of murder.
The prosecutors' charges will have to be approved by a judge.
Among the individuals charged is the former chief executive of Vale, Fabio Schvartsman, Reuters news agency reported.
The 16 individuals have also been charged with environmental crimes.
CBC News: As paparazzi descend on Harry and Meghan, B.C. privacy laws could face first celebrity test by Roshini Nair
Ever since the Duke and Duchess of Sussex announced their exit from the royal family, the hot glare of the media they tried to escape in the U.K. has continued to burn brightly, even on Canada's west coast.
Monday evening, SkyNews published video of Harry, decked in a puffer jacket and tuque, deplaning from a West Jet plane on the Victoria airport tarmac. Photographs of Meghan's life on the island — taking a seaplane to Vancouver, going to a yoga class, picking up a friend from the airport — have all been published.
On Tuesday, media outlets like the Guardian said the couple had issued "a stern warning" against photographers in Canada after "unauthorized" pictures of Meghan walking with eight-month-old Archie in a park with the family's two dogs were published in a number of British tabloids.
The couple, who have long had a difficult relationship with the tabloid press, are involved in a number of lawsuits with U.K. tabloids over invasion of privacy — but their latest Canadian warning could mean a test for this country's privacy laws.
Everyone have a great evening!