James Baker is Right. It's High Time We Fought This Virus The American Way

[kiwiman127]

The Little Trumpsters are demonstrating how easily they are trained to do the goose-step boogie! How embarrassing!

 

[Likkmee]

Mr. Baker isn't very kind to trump and how he is handling this virus.

He's right.

I have to wonder why trump isn't doing the things Baker has outlined in the article below.

Yes it's The NY Times. They have a pay barrier but only after a certain amount of articles you've read. It recycles each month so everyone should be able to read the article. That is those who actually want to.

Opinion | It’s High Time We Fought This Virus the American Way (Published 2020)

The administration has all the authority it needs to produce medical supplies and prepare for a potential vaccine.

www.nytimes.com

Well, I got this much... James E. Baker:

James E. Baker - Wikipedia

en.wikipedia.org

 

[blackhawk]

 

[L.K.Eder]

Mr. Baker isn't very kind to trump and how he is handling this virus.

He's right.

I have to wonder why trump isn't doing the things Baker has outlined in the article below.

Yes it's The NY Times. They have a pay barrier but only after a certain amount of articles you've read. It recycles each month so everyone should be able to read the article. That is those who actually want to.

Opinion | It’s High Time We Fought This Virus the American Way (Published 2020)

The administration has all the authority it needs to produce medical supplies and prepare for a potential vaccine.

www.nytimes.com

that the MA governor?

 

[The Original Tree]

Mr. Baker isn't very kind to trump and how he is handling this virus.

He's right.

I have to wonder why trump isn't doing the things Baker has outlined in the article below.

Yes it's The NY Times. They have a pay barrier but only after a certain amount of articles you've read. It recycles each month so everyone should be able to read the article. That is those who actually want to.

Opinion | It’s High Time We Fought This Virus the American Way (Published 2020)

The administration has all the authority it needs to produce medical supplies and prepare for a potential vaccine.

www.nytimes.com

ASSWIPE.

Go back to selling bat soup in Wuhan.

 

[OldLady]

Here ya go. Everything on the Coronavirus is free. Don't know why it was so hard for any of you to see it. So read.


It’s High Time We Fought This Virus the American Way
The administration has all the authority it needs to produce medical supplies and prepare for a potential vaccine.

By James E. Baker
Mr. Baker is a former legal adviser to the National Security Council.

• April 3, 2020

Every Marine knows better than to pull a knife in a gunfight. But so far, that appears to be the federal government’s approach to battling Covid-19. The president has “invoked” the Defense Production Act, but the government has not used the full authority of the act. There is a difference between invoking a law and using it, just as there is a difference between talk and action.
Governors and health officials tell us that there is a profound gap between the protective equipment, hospital equipment and testing resources that are needed (and will be needed) and what is available (or in the pipeline). Bill Gates reminds us that we will need to produce millions, perhaps billions, of doses of vaccine in 12 to 18 months. This isn’t a passing crisis; we will need more of everything in two months, six months and maybe years.
Don’t let debate over the details of General Motors’ and Ventec’s honorable effort to build more ventilators hide the bottom line: The federal government has all the authority it needs to close the supply gap, allocate resources among states, and prepare for the production and distribution of the vaccine to come. Until the federal government demonstrates — with statistics, contracts and timelines — that the gap is closed and the vaccine pipeline is ready, we should ask: Why isn’t the government bringing its full arsenal to the fight?
The D.P.A.’s authorities go beyond prioritizing contracts and manufacturing supplies. Its allocation authority addresses the problem of states’ competing against one another for scarce resources based on market mechanisms. The federal government can allocate equipment and supplies based on actual need and best public-health practices. The D.P.A.’s industry assessment authority can be used to measure production and distribution capacity, remove blind spots, plan efficiently and recreate a supply chain at home. The federal government can determine now which entities could produce vaccines while it plans for their ethical allocation. The government can then use the D.P.A.’s Title III incentive authorities to issue loans, offer antitrust protection and guarantee purchases, creating a secure market for masks, tests and vaccines.

The law is so broad in places that it is sometimes referred to as a “commandeering” authority. Lawyers prefer to say the president would act at the zenith of his authority under the paradigm presented in Justice Jackson’s concurrence in the Supreme Court’s landmark Youngstown case. But its use is not as extraordinary as some suggest, and it is not commandeering. The Defense Department alone uses the prioritization authority some 300,000 times a year, while the government uses Title III incentives 20 to 30 times per year. Although the allocation authority has not been used since the Cold War, some civilian airliners and freighters remain allocated for the Civil Reserve Air Fleet. Nor does exercise of the prioritization and allocation authority equate to state ownership. Under the act, corporations are paid fair market value for their products. Any actual “commandeering” of production would require just compensation under the Fifth Amendment’s Takings Clause. Moreover, price controls under the D.P.A. require a joint resolution of Congress signed into law by the president.

The D.P.A. also contains built-in safeguards. A majority of its provisions expire every five years. That is why it has been reauthorized by Congress over 50 times since its passage in 1950. Congress can decline to do so or do so with amendments when the act comes up for reauthorization in 2025, or sooner. The law also gives federal courts jurisdiction over disputes including the power to determine and award fair market value and forbid the executive branch from using the statute improperly. If a business feels the government is overreaching or unrealistic in its timelines, it can seek relief in court and do so on an emergency basis. Finally, the government reports annually on the D.P.A.’s use: Not only will the Congress know how the act is used, the public will, too.

What about liability? The first answer is to make equipment that works. The second answer is Title 42, giving the secretary of health and human services authority to determine that the coronavirus pandemic “constitutes a public health emergency,” recommend use of “covered countermeasures” to fight the pandemic and in doing so grant broad protection from liability under both state and federal law, except in the case of “willful misconduct.” There are other solutions as well, like special legislation, indemnification clauses to contracts, the government contract defense and, if all else fails, waivers.
Here’s the big picture: In times of crisis, when lives are at stake, lawyers and policymakers are supposed to find solutions to problems — to get to yes with honor and within the law — and not to create obstacles.
State and local authorities are imploring the federal government to use the authority it has to secure our medical supply chain. So far, the administration appears to have responded like a parent doling out candy to a child: one piece at a time. This is an “all hands on deck” moment, not merely to flatten the curve but to leap ahead of the curve. America was once the arsenal of democracy; the D.P.A. can help make us the arsenal of public health.

If I were advising the president (or the secretaries with delegated authority), I would say this: Please, tell the public what the need is and how the need will be met today, next week and in the months to come. What specifically has been contracted for, in how many units and on what timeline? Where there is a gap between need and supply, use the D.P.A. to close it.
I’ve never heard of a commander who complained about having too many tanks or who asked for a few artillery shells and not one too many. It’s high time we fought the virus the American way: with everything we’ve got.

 

[Crepitus]

Mr. Baker isn't very kind to trump and how he is handling this virus.

He's right.

I have to wonder why trump isn't doing the things Baker has outlined in the article below.

Yes it's The NY Times. They have a pay barrier but only after a certain amount of articles you've read. It recycles each month so everyone should be able to read the article. That is those who actually want to.

Opinion | It’s High Time We Fought This Virus the American Way (Published 2020)

The administration has all the authority it needs to produce medical supplies and prepare for a potential vaccine.

www.nytimes.com

maybe they should put you in charge.

He couldn't do worse that tRump, Pence, amd Kushner.

 

[Dana7360]

NY times is a liberal rag. Complete trash to be ignored.

But James Baker isn't liberal or trash. Nor should he be ignored.

He's a life long republican who worked in the reagan and bush the first administrations.

I don't agree with Mr. Baker on most things but I agree with him on this.

The New York Times has nothing to do with this beyond being the media that published what Mr. Baker has to say.

Ignoring what you don't like isn't very smart.

 

[Dana7360]

Mr. Baker isn't very kind to trump and how he is handling this virus.

He's right.

I have to wonder why trump isn't doing the things Baker has outlined in the article below.

Yes it's The NY Times. They have a pay barrier but only after a certain amount of articles you've read. It recycles each month so everyone should be able to read the article. That is those who actually want to.

Opinion | It’s High Time We Fought This Virus the American Way (Published 2020)

The administration has all the authority it needs to produce medical supplies and prepare for a potential vaccine.

www.nytimes.com

I hit the paywall days ago. Which Baker are you referring to and could you post some of the pertinent text?

Here it is on republished in a different publication without a pay wall

James E. Baker: Fight virus the American way

Every Marine knows better than to pull a knife in a gunfight. But so far, that appears to be the federal government’s approach to battling COVID-19. The president has “invoked”

www.conwaydailysun.com

 

[Dana7360]

Mr. Baker isn't very kind to trump and how he is handling this virus.

He's right.

I have to wonder why trump isn't doing the things Baker has outlined in the article below.

Yes it's The NY Times. They have a pay barrier but only after a certain amount of articles you've read. It recycles each month so everyone should be able to read the article. That is those who actually want to.

The NYT never lets me in. They know I think they're essentially a print version of CNN.

Then read it from this site. They will let you in.

James E. Baker: Fight virus the American way

Every Marine knows better than to pull a knife in a gunfight. But so far, that appears to be the federal government’s approach to battling COVID-19. The president has “invoked”

www.conwaydailysun.com

 

[Dana7360]

Mr. Baker isn't very kind to trump and how he is handling this virus.

He's right.

I have to wonder why trump isn't doing the things Baker has outlined in the article below.

Yes it's The NY Times. They have a pay barrier but only after a certain amount of articles you've read. It recycles each month so everyone should be able to read the article. That is those who actually want to.

Opinion | It’s High Time We Fought This Virus the American Way (Published 2020)

The administration has all the authority it needs to produce medical supplies and prepare for a potential vaccine.

www.nytimes.com

that the MA governor?

No this one, he worked in the reagan and bush the first administrations.

James Baker - Wikipedia

en.wikipedia.org

 

[L.K.Eder]

NY times is a liberal rag. Complete trash to be ignored.

But James Baker isn't liberal or trash. Nor should he be ignored.

He's a life long republican who worked in the reagan and bush the first administrations.

I don't agree with Mr. Baker on most things but I agree with him on this.

The New York Times has nothing to do with this beyond being the media that published what Mr. Baker has to say.

Ignoring what you don't like isn't very smart.

ok. not the MA gov. but rest assured. US american agents are currently commiting piracy to secure supplies for you complacent *****.

 

[Fang]

NY times is a liberal rag. Complete trash to be ignored.

The New York Times is one of the most credible news organizations in the world, just not in your alternative reality world.

That's some funny shit right there!!! LMAO!!

 

[LordBrownTrout]

NY times is a liberal rag. Complete trash to be ignored.

The New York Times is one of the most credible news organizations in the world, just not in your alternative reality world.

No, it's not respected. Just among radical libs who like reading trash and division.

 

[L.K.Eder]

NY times is a liberal rag. Complete trash to be ignored.

The New York Times is one of the most credible news organizations in the world, just not in your alternative reality world.

No, it's not respected. Just among radical libs who like reading trash and division.

wrong.

 

[LordBrownTrout]

NY times is a liberal rag. Complete trash to be ignored.

The New York Times is one of the most credible news organizations in the world, just not in your alternative reality world.

No, it's not respected. Just among radical libs who like reading trash and division.

wrong.

Yes, you're wrong.

 

[L.K.Eder]

NY times is a liberal rag. Complete trash to be ignored.

The New York Times is one of the most credible news organizations in the world, just not in your alternative reality world.

No, it's not respected. Just among radical libs who like reading trash and division.

wrong.

Yes, you're wrong.

No, you.

 

[okfine]

Here ya go. Everything on the Coronavirus is free. Don't know why it was so hard for any of you to see it. So read.


It’s High Time We Fought This Virus the American Way
The administration has all the authority it needs to produce medical supplies and prepare for a potential vaccine.

By James E. Baker
Mr. Baker is a former legal adviser to the National Security Council.

• April 3, 2020

Every Marine knows better than to pull a knife in a gunfight. But so far, that appears to be the federal government’s approach to battling Covid-19. The president has “invoked” the Defense Production Act, but the government has not used the full authority of the act. There is a difference between invoking a law and using it, just as there is a difference between talk and action.
Governors and health officials tell us that there is a profound gap between the protective equipment, hospital equipment and testing resources that are needed (and will be needed) and what is available (or in the pipeline). Bill Gates reminds us that we will need to produce millions, perhaps billions, of doses of vaccine in 12 to 18 months. This isn’t a passing crisis; we will need more of everything in two months, six months and maybe years.
Don’t let debate over the details of General Motors’ and Ventec’s honorable effort to build more ventilators hide the bottom line: The federal government has all the authority it needs to close the supply gap, allocate resources among states, and prepare for the production and distribution of the vaccine to come. Until the federal government demonstrates — with statistics, contracts and timelines — that the gap is closed and the vaccine pipeline is ready, we should ask: Why isn’t the government bringing its full arsenal to the fight?
The D.P.A.’s authorities go beyond prioritizing contracts and manufacturing supplies. Its allocation authority addresses the problem of states’ competing against one another for scarce resources based on market mechanisms. The federal government can allocate equipment and supplies based on actual need and best public-health practices. The D.P.A.’s industry assessment authority can be used to measure production and distribution capacity, remove blind spots, plan efficiently and recreate a supply chain at home. The federal government can determine now which entities could produce vaccines while it plans for their ethical allocation. The government can then use the D.P.A.’s Title III incentive authorities to issue loans, offer antitrust protection and guarantee purchases, creating a secure market for masks, tests and vaccines.

The law is so broad in places that it is sometimes referred to as a “commandeering” authority. Lawyers prefer to say the president would act at the zenith of his authority under the paradigm presented in Justice Jackson’s concurrence in the Supreme Court’s landmark Youngstown case. But its use is not as extraordinary as some suggest, and it is not commandeering. The Defense Department alone uses the prioritization authority some 300,000 times a year, while the government uses Title III incentives 20 to 30 times per year. Although the allocation authority has not been used since the Cold War, some civilian airliners and freighters remain allocated for the Civil Reserve Air Fleet. Nor does exercise of the prioritization and allocation authority equate to state ownership. Under the act, corporations are paid fair market value for their products. Any actual “commandeering” of production would require just compensation under the Fifth Amendment’s Takings Clause. Moreover, price controls under the D.P.A. require a joint resolution of Congress signed into law by the president.

The D.P.A. also contains built-in safeguards. A majority of its provisions expire every five years. That is why it has been reauthorized by Congress over 50 times since its passage in 1950. Congress can decline to do so or do so with amendments when the act comes up for reauthorization in 2025, or sooner. The law also gives federal courts jurisdiction over disputes including the power to determine and award fair market value and forbid the executive branch from using the statute improperly. If a business feels the government is overreaching or unrealistic in its timelines, it can seek relief in court and do so on an emergency basis. Finally, the government reports annually on the D.P.A.’s use: Not only will the Congress know how the act is used, the public will, too.

What about liability? The first answer is to make equipment that works. The second answer is Title 42, giving the secretary of health and human services authority to determine that the coronavirus pandemic “constitutes a public health emergency,” recommend use of “covered countermeasures” to fight the pandemic and in doing so grant broad protection from liability under both state and federal law, except in the case of “willful misconduct.” There are other solutions as well, like special legislation, indemnification clauses to contracts, the government contract defense and, if all else fails, waivers.
Here’s the big picture: In times of crisis, when lives are at stake, lawyers and policymakers are supposed to find solutions to problems — to get to yes with honor and within the law — and not to create obstacles.
State and local authorities are imploring the federal government to use the authority it has to secure our medical supply chain. So far, the administration appears to have responded like a parent doling out candy to a child: one piece at a time. This is an “all hands on deck” moment, not merely to flatten the curve but to leap ahead of the curve. America was once the arsenal of democracy; the D.P.A. can help make us the arsenal of public health.

If I were advising the president (or the secretaries with delegated authority), I would say this: Please, tell the public what the need is and how the need will be met today, next week and in the months to come. What specifically has been contracted for, in how many units and on what timeline? Where there is a gap between need and supply, use the D.P.A. to close it.
I’ve never heard of a commander who complained about having too many tanks or who asked for a few artillery shells and not one too many. It’s high time we fought the virus the American way: with everything we’ve got.

Sounds to me like he is saying "Get that stick out of your ass" and "quit your fucking song and dance"

 

[NoNukes]

NY times is a liberal rag. Complete trash to be ignored.

You know nothing about journalism, you just do not agree with intelligent, educated people who have different opinions than you.

 

[Erinwltr]

Thank you for the OP. I don't think DJT has it in him to do something like this. He is too disorganized and only thinks of himself. For him to switch course and fully use the Defense Production Act would require a willingness to admit his administrations response has been wrong or inadequate. So in the meantime, Americans die, millions lose their jobs and he continues to golf.