In Brief: October 8, 2020

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Republicans see ‘grim’ Senate map and edge away from Trump

WASHINGTON — Vulnerable Republicans are increasingly taking careful, but clear, steps to distance themselves from President Donald Trump, one sign of a new wave of GOP anxiety that the president’s crisis-to-crisis reelection bid could bring down Senate candidates across the country.

In key races from Arizona to Texas, Kansas and Maine, Republican senators long afraid of the president’s power to strike back at his critics are starting to break with the president — particularly over his handling of the pandemic — in the final stretch of the election. GOP strategists say the distancing reflects a startling erosion of support over a brutal 10-day stretch for Trump, starting with his seething debate performance when he did not clearly denounce a white supremacist group through his hospitalization with COVID-19 and attempts to downplay the virus’s danger.

Even the somewhat subtle moves away from Trump are notable. For years, Republican lawmakers have been loath to criticize the president — and have gone to great lengths to dodge questions — fearful of angering Trump supporters they need to win. But with control of the Senate in the balance, GOP lawmakers appear to be shifting quickly to do what’s necessary to save their seats.

“The Senate map is looking exceedingly grim,” said one major GOP donor, Dan Eberhart.

Republican prospects for holding its 53-47 majority have been darkening for months. But recent upheaval at the White House has accelerated the trend, according to conversations with a half-dozen GOP strategists and campaign advisers, some of whom spoke on condition of anonymity because they were not authorized to disclose internal deliberations.

Busy 2020 hurricane season has Louisiana bracing a 6th time

MORGAN CITY, La. — For the sixth time in the Atlantic hurricane season, people in Louisiana are once more fleeing the state’s barrier islands and sailing boats to safe harbor while emergency officials ramp up command centers and consider ordering evacuations.

The storm being watched Wednesday was Hurricane Delta, the 25th named storm of the Atlantic’s unprecedented hurricane season. Forecasts placed most of Louisiana within Delta’s path, with the latest National Hurricane Center estimating landfall in the state on Friday.

The center’s forecasters warned of winds that could gust well above 100 mph and up to 11 feet of ocean water potentially rushing onshore when the storm’s center hits land.

“This season has been relentless,” Louisiana Gov. John Bel Edwards said, dusting off his now common refrain of 2020 – “Prepare for the worst. Pray for the best.”

So far, Louisiana has seen both major strikes and near misses. The southwest area of the state around Lake Charles, which forecasts show is on Delta’s current trajectory, is still recovering from an Aug. 27 landfall by Category 4 Hurricane Laura.

Appellate judges: census can continue through October

ORLANDO, Fla. — A panel of three appellate judges on Wednesday upheld a lower court order allowing the 2020 head count of every U.S. resident to continue through October. But the panel struck down a provision that had suspended a year-end deadline for submitting figures used to decide how many congressional seats each state gets.

The ruling by the Ninth Circuit Court of Appeals panel in San Francisco upheld part of U.S. District Judge Lucy Koh’s preliminary injunction last month, and rejected part of it.

Koh’s preliminary injunction suspended a Sept. 30 deadline for finishing the 2020 census and a Dec. 31 deadline for submitting numbers used to determine how many congressional seats each state gets — a process known as apportionment. Because of those actions, the deadlines reverted back to a previous Census Bureau plan that had field operations ending Oct. 31 and the reporting of apportionment figures at the end of April.

From wire sources

By issuing the injunction, Koh sided with a coalition of civil rights groups and local governments which had sued the Trump administration, arguing minorities and others in hard-to-count communities would be missed if the counting ended in September instead of October. But Trump administration attorneys had argued the Census Bureau was obligated to meet the congressionally mandated requirement to turn in apportionment numbers by Dec. 31.

Koh also struck down an Oct. 5 end date that the Commerce Department, which oversees the Census Bureau, had pushed after the injunction, saying it violated her order.

No charges for Wisconsin officer in killing of Black teen

MADISON, Wis. — A Black Wisconsin police officer who fatally shot a Black teenager outside a suburban Milwaukee mall in February won’t be charged because he had reasonable belief that deadly force was necessary, a prosecutor said Wednesday.

Wauwatosa Officer Joseph Mensah shot 17-year-old Alvin Cole outside Mayfair Mall on Feb. 2 after police responded to a reported disturbance at the shopping center.

Milwaukee County District Attorney John Chisholm, in a 14-page letter laying out his rationale, said evidence showed Cole fled from police carrying a stolen 9 mm handgun. He cited squad car audio evidence, along with testimony from Mensah and two fellow officers, that he said showed Cole had fired a shot while fleeing and refused commands to drop the gun.

“He did not surrender the weapon and was fired upon by Officer Mensah causing his death,” Chisholm wrote. He concluded: “(T)here is sufficient evidence that Officer Mensah had an actual subjective belief that deadly force was necessary and that belief was objectively reasonable.”

Cole was the third person Mensah has fatally shot since becoming an officer, and his death has sparked periodic protests in Wauwatosa and the Milwaukee area. Gov. Tony Evers announced earlier Wednesday that he had activated National Guard members as a precaution, though he didn’t say how many or how they were being used. Guard spokesman Maj. Joe Trovato later said “hundreds” of troops were at the ready.

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Mail-in ballot mix-ups: How much should we worry?

BOSTON — Several high-profile cases of voters getting incorrect blank absentee ballots in the mail are raising questions about how often such mix-ups occur and whether they could affect this year’s presidential election.

Mail-in ballots are under heightened scrutiny this year as voters request them in record numbers amid the coronavirus pandemic and President Donald Trump launches baseless attacks against the process.

Snafus occur during every election, but experts say there should be adequate time between now and the close of polls on Nov. 3 to resolve them. U.S. elections are massive, decentralized undertakings involving hundreds of thousands of election workers and multiple contractors. Mistakes happen.

“In a normal election year, there are stories of voting machines configured for the wrong precinct. As voters shift to voting by mail, the equivalent error is a batch of ballots mailed out with the wrong ballot style,” said Doug Jones, a University of Iowa election technology expert.

Elections officials, ballot suppliers and security researchers say such problems do occur with some regularity. They don’t indicate fraud, they say, but rather human error.

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Low tech talk in Google, Oracle high tech copyright clash

WASHINGTON — The topic was high tech: the code behind smartphones.

But on Wednesday the Supreme Court looked to more low tech examples, from the typewriter keyboard to restaurant menus, try to resolve an $8 billion-plus copyright dispute between tech giants Google and Oracle.

The case, which the justices heard by phone because of the coronavirus pandemic, has to do with Google’s creation of the Android operating system now used on the vast majority of smartphones worldwide. In developing Android, Google used some of Oracle’s computer code.

Some justices seemed concerned that a ruling for Oracle could stifle innovation.

Chief Justice John Roberts was among the justices who turned to examples beyond technology to try to get a handle on the dispute, asking Oracle’s lawyer to imagine opening a new restaurant and creating a menu.