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100 million Americans brace for more cold, ice and snow

By PAUL J. WEBER and JILL BLEED

AUSTIN, Texas (AP) — Winter weather that has overwhelmed power grids unprepared for climate change and left millions without electricity in record-breaking cold kept its grip on the nation’s midsection Wednesday.

At least 20 people have died, some while struggling to find warmth inside their homes. In the Houston area, one family succumbed to carbon monoxide from car exhaust in their garage; another perished after flames spread from their fireplace.

Blame the polar vortex, a weather pattern that usually keeps to the Arctic, but is increasingly visiting lower latitudes and staying beyond its welcome. Scientists say global warming caused by humans is partly responsible for making the polar vortex’s southward escapes longer and more frequent.

More than 100 million people live in areas covered Wednesday by some type of winter weather warning, watch or advisory, as yet another winter storm hits Texas and other parts of the southern Plains, the National Weather Service said.

Utilities from Minnesota to Texas and Mississippi have implemented rolling blackouts to ease the burden on power grids straining to meet extreme demand for heat and electricity as record low temperatures were reported in city after city. In Mexico, rolling blackouts Tuesday covered more than one-third of the country after the storms in Texas cut the supply of imported natural gas.

Nearly 3 million customers remained without power early Wednesday in Texas, Louisiana and Mississippi, more than 200,000 more in four Appalachian states, and nearly that many in the Pacific Northwest, according to poweroutage.us, which tracks utility outage reports.

The latest storm front was predicted to bring snow and ice to East Texas, Arkansas and the Lower Mississippi Valley before moving to the northeast on Thursday. Winter storm watches were in effect from Baltimore to Boston, and Texas braced for more icy rain and possibly more snow.

“There’s really no letup to some of the misery people are feeling across that area,” said Bob Oravec, lead forecaster with the National Weather Service.

The weather has threatened the nation’s COVID-19 vaccination effort. President Joe Biden’s administration said delays in vaccine shipments and deliveries were likely.

The worst U.S. power outages by far have been in Texas, where officials requested 60 generators from the Federal Emergency Management Agency and planned to prioritize hospitals and nursing homes. The state opened 35 shelters to more than 1,000 occupants, the agency said.

Texas’ power grid manager, the Electric Reliability Council of Texas, said electricity had been restored to 600,000 homes and businesses by Tuesday night but that 2.7 million households were still without power.

Blackouts lasting more than an hour had begun before dawn Tuesday in and around Oklahoma City, stopping electric-powered space heaters, furnaces and lights just as temperatures hovered around minus 8 degrees (minus 22 degrees Celsius). Oklahoma Gas & Electric urged users to set thermostats at 68 degrees Fahrenheit (20 degrees Celsius), avoid using major electric appliances and turn off lights or appliances not in use.

Entergy imposed rolling blackouts Tuesday night in Arkansas, Louisiana, Mississippi and Southeast Texas at the direction of its grid manager, the Midcontinent Independent System Operator, “as a last resort and in order to prevent more extensive, prolonged power outages that could severely affect the reliability of the power grid,” according to a statement from the New Orleans-based utility.

The Southwest Power Pool, a group of utilities covering 14 states, said the blackouts were “a last resort to preserve the reliability of the electric system as a whole.”

Vice President Kamala Harris addressed those who had lost power during a live interview Wednesday on NBC’s “Today.”

“I know they can’t see us right now because they’re without electricity, but the president and I are thinking of them and really hope that we can do everything that is possible through the signing of the emergency orders to get federal relief to support them,” Harris said.

The situation in Texas drew attention at Wednesday’s International Energy Forum, including messages of support from Saudi Arabia’s energy minister and OPEC Secretary General Mohammed Barkindo.

“As the extreme weather in Texas has shown, we cannot take energy security for granted, even in a country like the United States,” Barkindo said at the forum, which was held virtually.

Travel remains ill-advised in much of the United States, with roadways treacherous and thousands of flights canceled. Many school systems delayed or canceled face-to-face classes.

But even staying home can be hazardous in places without power.

Authorities said a fire that killed three young children and their grandmother in the Houston area likely spread from the fireplace they were using to keep warm. In Oregon, authorities confirmed Tuesday that four people died in the Portland area of carbon monoxide poisoning.

At least 13 children were treated for carbon monoxide poisoning at Cook Children’s Medical Center in Fort Worth and one parent died of the toxic fumes, hospital officials said.

In Texas, at least, temperatures were expected to rise above freezing by the weekend.

“There is some hope on the horizon,” Oravec said.

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Bleed reported from Little Rock, Arkansas. AP journalists Julie Walker in New York, Isabel DeBre in Dubai, United Arab Emirates, and Darlene Superville in Washington, D.C., contributed to this report.

More Iowans vaccinated despite winter weather

Iowa continued to see thousands of people vaccinated this week, despite a weather system that brought snow and frigid temperatures to the state.

The Iowa Department of Public Health reported Tuesday that more than 245,800 people had received at least one dose of a COVID-19 vaccine. The state’s online virus-tracking dashboard showed nearly 330,000 people had been confirmed positive in the state.

More than 125,500 people had received both vaccine doses in Iowa as of Tuesday.

Iowa reported 26 additional deaths on Tuesday. There have been 5,263 COVID-19 deaths in Iowa since the beginning of the pandemic last year, according to state numbers.

Hospitalization for the virus have ticked up in the state in recent days, with 40 people admitted to Iowa hospitals in the last day. A total of 255 people were hospitalized with the virus in Iowa on Tuesday.

Reynolds issues proclamation easing fuel hauling rules

Iowa’s Governor has signed a proclamation to ease transport rules for those hauling motor and heating fuels as a deep freeze across the Midwest sends demand for — and the cost of — those fuels soaring.

On Monday (2/15), Gov. Kim Reynolds announced the proclamation, which temporarily suspends Iowa regulations that limit the hours allowed to haul propane, diesel, natural gas and other fuels used for residential, commercial and agricultural heating.

The proclamation also temporarily suspends some provisions limiting the movement of oversize and overweight loads of fuel. Reynolds’ office said the high demand for the fuels has created challenges to accessing them.

The proclamation is in effect through March 17.

Watchdog group files lawsuit against group backing Senator Ernst

An election watchdog group has filed a federal lawsuit that claims an Iowa-based nonprofit organization violated election laws by failing to register as a political committee that spent hundreds of thousands of dollars to support Republican Sen. Joni Ernst’s reelection.

Campaign Legal Center, a Washington-based nonprofit campaign finance watchdog group, filed the lawsuit Friday (2/12) in Washington. It had filed a complaint with the Federal Election Commission in December 2019 afte r The Associated Press reported Ernst’s work with Iowa Values to raise money and build an electoral “firewall” potentially violated campaign finance and tax law.

The lawsuit asks a federal judge to declare that Iowa Values became a political committee as of June 2019 and order the group to register, file documents and provide information on fundraising and expenditures.

The lawsuit also seeks a civil penalty against Iowa Values, along with court and attorney fee costs.

Ernst’s staff declined to comment and Derek Flowers, a former Ernst campaign manager who was initially named to lead Iowa Values said the lawsuit “rehashes the same tired allegations that CLC made to the FEC in 2019.”

“Iowa Values has complied with the campaign finance laws and will continue to defend itself against these frivolous actions,” said Flowers, who is now a partner in a Washington-based public affairs firm.

The CLC filed an administrative complaint with the Federal Election Commission in December 2019, but the commission failed to take action for more than a year. In October a federal judge issued an order demanding the FEC take action on the complaint by Jan. 12 but the agency did not respond. On. Feb. 11 the judge granted CLC the right to sue under the Federal Election Campaign Act.

Political nonprofits are often referred to as “dark money” groups because they can raise unlimited sums and do not have to disclose their donors. But such tax-exempt groups are forbidden from making political activity their primary purpose.

The complaint requested an FEC investigation. It also argued that internal Iowa Values documents revealed by the AP showed the group’s major purpose is political activity, likely violating the conditions of its tax-exempt status while breaking campaign finance laws that obligate the group to register as a political committee with the FEC and disclose its anonymous donors.

The FEC, which must have at least four members on the commission to conduct business, has not had a quorum for much of the last two years since former President Donald Trump failed to make appointments.

That meant the commission responsible for enforcing federal campaign finance laws has been unable to conduct business. The commission hasn’t had all six commissioner seats occupied since 2017. In December the Senate confirmed three Trump appointees to return the commission to full staffing.

In the lawsuit the CLC claims Iowa Values was formed in June 2019 to support Ernst’s campaign and ran paid advertising through Google and Facebook naming or featuring images of Ernst and promoted her as a leader. Advertising valued at hundreds of thousands of dollars continued up until the November election.

The lawsuit also alleges a consultant and fundraiser for Ernst’s campaign sent an email to a potential donor soliciting a $50,000 contribution on behalf of Iowa Values in July 2019 to promote issues Ernst advocates.

Hospitals still ration medical N95 masks as stockpiles swell

By JASON DEAREN, JULIET LINDERMAN and MARTHA MENDOZA

AP – Mike Bowen’s warehouse outside Fort Worth, Texas, was piled high with cases of medical-grade N95 face masks. His company, Prestige Ameritech, can churn out 1 million masks every four days, but he doesn’t have orders for nearly that many. So he recently got approval from the government to export them.

“I’m drowning in these respirators,” Bowen said.

On the same day 1000 miles (1,600 kilometers) north, Mary Turner, a COVID-19 intensive care nurse at a hospital outside Minneapolis, strapped on the one disposable N-95 respirator allotted for her entire shift.

Before the coronavirus pandemic, Turner would have thrown out her mask and grabbed a new one after each patient to prevent the spread of disease. But on this day, she’ll wear that mask from one infected person to the next because N95s — they filter out 95% of infectious particles — have supposedly been in short supply since last March.

Turner’s employer, North Memorial Health, said in a statement that supplies have stabilized, but the company is still limiting use because “we must remain mindful of that supply” to ensure everyone’s safety.

One year into the COVID-19 pandemic, many millions of N95 masks are pouring out of American factories and heading into storage. Yet doctors and nurses like Turner say there still aren’t nearly enough in the “ICU rooms with high-flow oxygen and COVID germs all over.”

While supply and demand issues surrounding N95 respirators are well-documented, until now the reasons for this discrepancy have been unclear.

The logistical breakdown is rooted in federal failures over the past year to coordinate supply chains and provide hospitals with clear rules about how to manage their medical equipment.

Internal government emails obtained by The Associated Press show there were deliberate decisions to withhold vital information about new mask manufacturers and availability. Exclusive trade data and interviews with manufacturers, hospital procurement officials and frontline medical workers reveal a communication breakdown — not an actual shortage — that is depriving doctors, nurses, paramedics and other people risking exposure to COVID-19 of first-rate protection.

Before the pandemic, medical providers followed manufacturer and government guidelines that called for N95s to be discarded after each use, largely to protect doctors and nurses from catching infectious diseases themselves. As N95s ran short, the Centers for Disease Control and Prevention modified those guidelines to allow for extended use and reuse only if supplies are “depleted,” a term left undefined.

Hospitals have responded in a variety of ways, the AP has found. Some are back to pre-COVID-19, one-use-per-patient N95 protocols, but most are doling out one mask a day or fewer to each employee. Many hospital procurement officers say they are relying on CDC guidelines for depleted supplies, even if their own stockpiles are robust.

Chester “Trey” Moeller, a political appointee who served as the CDC’s deputy chief of staff until President Joe Biden’s inauguration last month, said efforts to increase U.S. mask production were successful, but there has since been a federal breakdown in connecting those who need them with this new supply.

“We are forcing our health care industry to reuse sanitized N95s or even worse, wear one N95 all day long,” he said.

Before the pandemic tore through the U.S., the demand for N95 masks was 1.7 billion per year, with 80% going to industrial uses and 20% into medical, trade groups say. In 2021, demand for N95 masks for medical use is estimated by industry sources to be 5.7 billion.

With the increased demand and prodding from the federal government, U.S. manufacturers stepped in. Bowen’s company, Prestige Ameritech, boosted production from 75,000 N95 respirators a month to almost 10 million during the COVID-19 pandemic.

Still, many hospitals are building their stockpiles over fears of a future surge, and restricting the number given directly to health care workers.

The AP spoke with a dozen procurement officers who buy supplies for more than 300 hospitals across the U.S. All said they have enough N95s now, between two and 12 months worth, sitting in storage.

Even so, all but two of those hospital systems are limiting their doctors, nurses and other workers to one mask per day, or even one per week. Some say they are waiting for the supply to grow even more, while others say they never plan to go back to pre-COVID-19 usage.

Dean Weber, vice president of corporate supply chain management for Sioux Falls, South Dakota, Sanford Health, said the one-N95-per-patient guidelines were established with the help of manufacturers.

“You know, the mask manufacturers are in the business of selling masks,” Weber said. He said he prioritizes safety over cost, but he doesn’t believe these respirators need to be tossed after each use. “We were all, in fact, you know, just infatuated with an N95.”

But John Wright, vice president of supply chains for Salt Lake City-based Intermountain Healthcare, says reusing masks or wearing them longer “would not be appropriate” once they have enough supplies. He hopes his 23 hospitals and hundreds of clinics will be back to single use within two weeks.

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As the coronavirus spread through spring and summer, demand for N95 masks surged to unprecedented levels and the respirators disappeared from stockpiles and distributors’ shelves. Hospitals and distributors looked overseas to fill the need.

In March 2020, just six shipping containers arrived in the U.S. with N95s in them, and almost all of those masks were for industrial use, not medical. By September 2020, orders had soared — in one month, almost 3,000 shipping containers of N95s arrived at U.S. ports, almost entirely medical-grade.

Federal officials saw the reliance on imports as a security problem and worked to boost domestic supply, The federal agency that oversees N95 manufacturers, the National Institute for Occupational Safety and Health, approved 94 new brands, including 19 new domestic manufacturers, according to the internal government emails.

Over the fall and winter, those domestic producers hired thousands of employees and invested millions in supplies to churn out masks,

As U.S. production rose through the fall and winter, imports plunged. Shipment data maintained by ImportGenius and Panjiva Inc., services that independently track global trade, shows arrivals dropped sharply to about 150 in January 2021.

In Shanghai, Cameron Johnson, a trade consultant at the Tidalwave Solutions recruitment firm and an adjunct business faculty member at New York University, says “the bottom has fallen out of the mask market.”

But the U.S. government failed to help link buyers to the growing supplies. Now some of those U.S.-based makers are facing major financial losses, potential layoffs and bankruptcies.

In December, Moeller, an appointee of President Donald Trump, grew frustrated while working in the office of CDC Director Dr. Robert Redfield.

“(NIOSH) had approved almost 20 U.S. manufacturers to make N95 masks, but had not published any guidance or notice of what is ultimately more than 100 million N95 mask-making capacity a month going unsold,” Moeller told the AP.

The Food and Drug Administration was monitoring N95 supply chains, and received $80 million in emergency pandemic funds “to prevent, prepare for and respond to coronavirus.” Of that amount, about $38 million was for efforts related to tracking medical product shortages.

But the agency has still not solved the problem. “There have been a good number of new NIOSH (mask) approvals that have been granted,” said Suzanne Schwartz, director of the FDA’s Office of Strategic Partnerships & Technology Innovation. “Yet the access to those new manufacturers, there seems to be a hurdle there. FDA … is trying to identify that blockage.”

Schwartz said the agency is working with President Joe Biden’s pandemic response team and the health care industry to find answers.

The internal emails show that Moeller in December alerted NIOSH head Dr. John Howard about the unused U.S. N95 manufacturing capacity.

In a Dec. 22 email, Howard acknowledged he was still hearing of shortages: “Apparently, there is a significant domestic production capacity going unused for the lack of orders and we have tried to address this supplier/purchaser disconnect.”

A few weeks later, as a suggested remedy, Howard said the list of domestic N95 manufacturers had now been published for potential buyers. But the list shows up on page 3 of an obscure newsletter published by a University of Cincinnati toxicologist, after a satirical column on “chin warmers,” or improperly worn surgical masks.

NIOSH was not actively promoting the new mask producers, Howard wrote, saying that “to avoid the perception of inequitable treatment and because of the dynamic production landscape, we have not posted information on our website regarding respirator availability.”

Howard, through an agency spokesperson, declined a request for an interview. In a statement, NIOSH also acknowledged “a supply and demand disconnect” exists and said it is working with FEMA and other federal agencies, as well as online sales platforms like Amazon.com Inc., to better connect purchasers with U.S.-made mask producers.

“How could this be happening? You have an obvious need, and you have a tremendous engine of supply,” said Tony Uphoff, president and CEO of Thomas, an online platform for product sourcing. Uphoff said that for decades the N95 market was stable, so when the virus upended the supply chain, procurement officers were unprepared to respond.

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Meanwhile, the U.S. finds itself in a paradox. The more N95s are rationed to alleviate a perceived shortage, the fewer masks are actually reaching the front lines.

N95s still appear on the FDA shortage list, in part because of reports from doctors and nurses who say they still don’t have enough. The American Hospital Association also says there’s a scarcity of N95s, citing global demand. But the government shortage list triggers distributors to limit how many masks they can sell to each hospital.

“The concept is similar to when trading is halted on Wall Street,” said David Hargraves, senior vice president of supply chain for Premier, a group purchasing organization that helps buy equipment and supplies for thousands of hospitals across the U.S. “You put the protective allocation in place to prevent folks from hoarding and overbuying, therefore exacerbating the shortage situation.”

But without clear guidance, hospitals are left to make their own decisions.

Some procurement officers are loath to trust masks from unfamiliar suppliers. Others balk at federally approved domestic manufacturers, some of whom charge more than international makers. And adding new products into a hospital’s inventory can be tricky: Every health care worker must be fit-tested before using a new brand.

“It’s not easy to pivot from one brand to another,” said Katie Dean, health care supply chain director at Stanford Health Care in California, where they are back to using one N95 mask per patient, as needed.

Dr. Robert Hancock, an emergency room doctor and president of the Texas College of Emergency Room Physicians, said hospitals are taking risks by continuing to ration N95s, even when they have enough. He said some doctors tell him they get one N95 mask every five to seven days.

“All the N95s currently out there were designed to be worn once. They were never designed to be reused,” Hancock said. “Hospitals are going to have to come up with some hard data to back up that a mask built for single use is OK to use repeatedly if there are other masks available. It was one thing when we had no choice. But you can’t just say something works because it favors you financially.”

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AP Medical Writer Linda A. Johnson in Fairless Hills, Pennsylvania, and AP writer Allen Breed in Raleigh, North Carolina, contributed to this report.

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To contact AP’s investigative team, email investigative@ap.org. Follow the reporters @jhdearen @mendozamartha @julietlinderman

New Oskaloosa HS Principal talks about new job

The newly-hired principal at Oskaloosa High School says he’s looking forward to his new job.  Jeff Kirby is currently director of innovative programs for Ottumwa Schools.  He says he’s familiar with the Oskaloosa area.

“I’ve worked in Sigourney, actually, for 15 years.  So I’m very familiar with Oskaloosa and like I said, my wife has worked there for almost 25 years.  Yeah, we know the area well.  One of the things I really miss about being a building principal is being around students.  In my position right now I don’t get to interact with students very often and actually my interaction with teachers is fairly limited also to a certain extent.  I’m just looking forward to day to day working with students and teachers again.”

Kirby was hired last week to succeed retiring Principal Stacy Bandy this summer.

Oskaloosa City Council meets Tuesday

Tuesday night (2/16) the Oskaloosa City Council will hold a public hearing on property taxes for fiscal year 2022.  The hearing is required since proposed revenues for the new budget will exceed 102 percent of the current fiscal year’s tax collections.  The City Council will also consider approving a site plan for renovating the McDonald’s on A Avenue West.  Tuesday’s Oskaloosa City Council meeting starts at 6.  Due to COVID-19 restrictions, you can only attend the meeting online.  Here’s the link for that:

https://us02web.zoom.us/j/88911838707?pwd=dWtoWkxJZ2dkdjdES3JMRnR6U3pFQT09 Meeting ID: 889 1183 8707 Passcode: 356678 Call in: +1 312 626 6799 US (Chicago)

State backtracks on plan to withhold Covid vaccine from some counties

Iowa health officials have reversed a decision to withhold COVID-19 vaccines from some counties that were reported as not having used up to 80% of their allocation last week.

The Iowa Department of Public Health informed five counties on Friday that it would withhold this week’s allotment of vaccine. The decision drew criticism from several county health administrators, who said either that the state was mistaken or that bad weather had temporarily slowed their progress.

The announcement followed a new state rule requiring the use of at least 80% of a county’s vaccination allotment. The rule is designed to reduce the amount of vaccine sitting in storage.

As of Monday, three of the counties — Buchanan, Washington and Chickasaw — reported that state officials had informed them they would be getting their allotment of vaccines this week, the Des Moines Register reported.

Tai Burkhart, director of the Buchanan County health department, said her county actually had used at lease 80% of its allotment last week, but that because one of its vaccination clinics was held on Friday, state officials who had used Thursday figures thought the county was behind.

Iowa’s current focus in its vaccination effort is on seniors, teachers and child care workers, police and firefighters. By midday Monday, state officials reported that 355,703 people had received at least one dose needed for full protection.

Impeachment isn’t the final word on Capitol riot for Trump

By COLLEEN LONG

WASHINGTON (AP) — Donald Trump’s acquittal at his second impeachment trial may not be the final word on whether he’s to blame for the deadly Capitol riot. The next step for the former president could be the courts.

Now a private citizen, Trump is stripped of his protection from legal liability that the presidency gave him. That change in status is something that even Republicans who voted on Saturday to acquit of inciting the Jan. 6 attack are stressing as they urge Americans to move on from impeachment.

“President Trump is still liable for everything he did while he was in office, as an ordinary citizen, unless the statute of limitations has run,” Senate Minority Leader Mitch McConnell of Kentucky said after that vote. He insisted that the courts were a more appropriate venue to hold Trump accountable than a Senate trial.

“He didn’t get away with anything yet,” McConnell said. “Yet.”

The insurrection at the Capitol, in which five people died, is just one of the legal cases shadowing Trump in the months after he was voted out of office. He also faces legal exposure in Georgia over an alleged pressure campaign on state election officials, and in Manhattan over hush-money payments and business deals.

But Trump’s culpability under the law for inciting the riot is by no means clear-cut. The standard is high under court decisions reaching back 50 years. Trump could also be sued by victims, though he has some constitutional protections, including if he acted while carrying out the duties of president. Those cases would come down to his intent.

Legal scholars say a proper criminal investigation takes time, and there are at least five years on the statute of limitations to bring a federal case. New evidence is emerging every day.

“They’re way too early in their investigation to know,” said Laurie Levenson, a law professor at Loyola Law School and former federal prosecutor. “The have arrested 200 people, they’re pursuing hundreds more, all of those people could be potential witnesses because some have said ‘Trump made me do it’.”

What’s not known, she said, is what Trump was doing during the time of the riot, and that could be the key. Impeachment didn’t produce many answers. But federal investigators in a criminal inquiry have much more power to compel evidence through grand jury subpoenas.

“It’s not an easy case, but that’s only because what we know now, and that can change,” Levenson said.

The legal issue is whether Trump or any of the speakers at the rally near the White House that preceded the assault on the Capitol incited violence and whether they knew their words would have that effect. That’s the standard the Supreme Court laid out in its 1969 decision in Brandenburg v. Ohio, which overturned the conviction of a Ku Klux Klan leader.

Trump urged the crowd on Jan. 6 to march on the Capitol, where Congress was meeting to affirm Joe Biden’s presidential election, Trump even promised to go with his supporters, though he didn’t in the end. “You’ll never take our country back with weakness,” Trump said.

He also had spent weeks spinning up supporters over his increasingly combative language and false election claims urging them to “stop the steal.”

Trump’s impeachment lawyers said he didn’t do anything illegal. Trump, in a statement after the acquittal, did not admit to any wrongdoing.

Federal prosecutors have said they are looking at all angles of the assault on the Capitol and whether the violence had been incited. The attorney general for the District of Columbia, Karl Racine, has said that district prosecutors are considering whether to charge Trump under local law that criminalizes statements that motivate people to violence.

“Let it be known that the office of attorney general has a potential charge that it may utilize,” Racine told MSNBC last month. The charge would be a misdemeanor with a maximum sentence of six months in jail.

Trump’s top White House lawyer repeatedly warned Trump on Jan. 6 that he could be held liable. That message was delivered in part to prompt Trump to condemn the violence that was carried out in his name and acknowledge that he would leave office Jan. 20, when Biden was inaugurated. He did depart the White House that day.

Since then, many of those charged in the riots say they were acting directly on Trump’s orders. Some offered to testify. A phone call between Trump and House Republican leader Kevin McCarthy emerged during the impeachment trial in which McCarthy, as rioters stormed the Capitol, begged Trump to call off the mob. Trump replied: “Well, Kevin, I guess these people are more upset about the election than you are.”

The McCarthy call is significant because it could point to Trump’s intent, state of mind and knowledge of the rioters’ actions.

Court cases that try to prove incitement often bump up against the First Amendment. In recent years, federal judges have taken a hard line against the anti-riot law. The federal appeals court in Virginia narrowed the Anti-Riot Act, with a maximum prison term of five years, because it swept up constitutionally protected speech. The court found invalid parts of the law that encompassed speech tending to “encourage” or “promote” a riot, as well as speech “urging” others to riot or involving mere advocacy of violence.

The same court upheld the convictions of two members of a white supremacist group who admitted they punched and kicked counter-demonstrators during the 2017 “Unite the Right” rally in Charlottesville, Virginia.

It’s possible federal prosecutors will decide not to bring charges, and if Trump were indicted in one of the many other separate investigations, federal prosecutors could decide justice would be done elsewhere.

Atlanta prosecutors have recently opened a criminal investigation into Trump’s attempts to overturn his election loss in Georgia, including a Jan. 2 phone call in which he urged that state’s secretary of state, Brad Raffensperger, to “find” enough votes to reverse Biden’s narrow victory.

And Manhattan District Attorney Cyrus R. Vance Jr., is in the midst of an 18-month criminal grand jury investigation focusing in part on hush-money payments paid to women on Trump’s behalf, and whether Trump or his businesses manipulated the value of assets — inflating them in some cases and minimizing them in others — to gain favorable loan terms and tax benefits.

GOP Sen. Thom Tillis of North Carolina, who voted to acquit along with McConnell and 41 other Republicans, argued that because Trump is no longer in office, impeachment is not the right way to hold him to account.

“The ultimate accountability is through our criminal justice system where political passions are checked and due process is constitutionally mandated. No president is above the law or immune from criminal prosecution, and that includes former President Trump.”

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Associated Press writers Jim Mustian and Michael R. Sisak in New York and Mark Sherman contributed to this report.

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Follow Colleen Long on Twitter at: https://twitter.com/ctlong1

One person dead after shooting in Marshalltown

BY 

A shooting in the early morning hours has left one person dead in Marshalltown.

Marshalltown police were called to the Casey’s on North 3rd Avenue just after 3 this morning where they found the individual with a gunshot wound.  That person, who has not been identified, has died.

Police are looking for an adult male leaving the area with a black hooded sweatshirt and black sweatpants. The man is described as short in stature, with an accent, possibly Latino.

The DCI is assisting Marshalltown police in the investigation.

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