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Column: RFK Jr.’s town hall showed the folly of trying to fact-check quackery in real time

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Column: RFK Jr.’s town hall showed the folly of trying to fact-check quackery in real time

America’s cable news networks seem determined to prove that old adage defining insanity as doing the same thing over and over and expecting different results.

Case in point: The 90-minute town hall appearance that News Nation, an upward-scurrying cable news wannabe, granted Robert F. Kennedy Jr. on Wednesday night. Kennedy says he’s running for the Democratic nomination for president.

The program served largely to underscore a lesson that the media world should have absorbed from CNN’s misbegotten May 10 town hall with Donald Trump: Trying to fact-check anyone who pumps out misinformation and disinformation via a verbal fire hose is a fool’s errand.

News Nation apparently didn’t get the message.

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The network tried to avoid one of CNN’s most obvious missteps, which was to place Trump in front of an audience of partisan fans, thus allowing him to evade questions from moderator Kaitlin Collins and play to the gallery.

Instead, it placed Kennedy before a small audience in Chicago and took questions remotely from people in Manchester, N.H., and Charleston, S.C. But the fundamental problem remained: Moderator Elizabeth Vargas was ill-equipped to counter Kennedy’s elaborate web of misinformation about vaccines.

The danger represented by Robert F. Kennedy Jr. is that while speaking deceptively he comes off as earnest, a skill that Donald Trump hasn’t mastered.

That was a problem, because Kennedy’s anti-vaccination stance is a major element of his presidential campaign. As I’ve written, that’s what makes him a public health hazard.

A key question is why News Nation gave Kennedy this platform. (My colleague Stephen Battaglio wondered the same thing.) By any measure, he’s a fringe candidate for the Democratic Party nomination. His predilection for health misinformation is widely established, and his claims have been widely debunked, including publicly by his own brother, sister and niece.

Perhaps News Nation is trying to assume the mantle of Fox News as a dispenser of right-wing twaddle, or (to be more charitable) of CNN as a sober neutral voice. It’s owned by Nexstar Media Group, the largest owner of TV stations in the country, but as a news source it’s struggling for attention. At the moment, it appears to be a refuge for former cable news retreads.

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I can say that it’s emulating Fox as a harbor of bad faith, as I learned recently when, misled by its middle-of-the-road veneer and perhaps motivated by vanity, I accepted an invitation to discuss my June 19 column about Kennedy on the air.

I couldn’t understand why the host, Leland Vittert, seemed so aggressively defensive about Kennedy in our interview — until later that evening, I learned from News Nation’s announcement that it had scheduled this town hall. Suffice to say I won’t be accepting another invitation, in the unlikely event that one is proffered.

On Wednesday night, Vargas didn’t manage to steer Kennedy into the vaccination issue until almost an hour into the program.

I’ll skip lightly through the prelude. Vargas pointed out that Kennedy has garnered the support of right-wing characters including Steve Bannon, Tucker Carlson and Alex Jones, and has even been praised by Trump.

Instead of asking the obvious follow-up, which is what Kennedy thought he has in common with that gang, Vargas asked him: “What sort of man do you think Donald Trump is?” This allowed Kennedy to decline making personal aspersions and declare his commitment to “bring people together.” Never mind that Bannon, Carlson, Jones and Trump are all committed to driving Americans apart.

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There were audience questions about how Kennedy would bring down inflation (which has been declining steadily through most of this year) and what he would do about immigration, for neither of which he had a coherent policy answer.

Finally, vaccines. Let’s look at Kennedy’s major assertions and place them in context.

At the start of this segment, Kennedy denied that he is “anti-vaccine.” Instead, he said, “Vaccines should be tested like other medicines. … Unfortunately, vaccines are not safety-tested.”

Then he gave the game away — at least, to anyone with knowledge of how vaccines actually are tested: “Of 72 vaccine doses mandated for American children, not one has ever been subjected to a prelicensing placebo-controlled trial.”

Vargas interjected, “Yes, they have.” But she didn’t catch Kennedy’s deceptive sleight of hand.

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Here’s the issue. Kennedy defines the only appropriate safety testing as placebo trials. He demands that vaccines be tested against a control product that has no clinical effect, such as a saline injection.

But that’s wrong. Indeed, in many cases it’s unethical, as pseudoscience debunker David Gorski explains in this lengthy post.

The proper procedure for most vaccines, including almost all those on Kennedy’s roster of 72, is to test them against existing therapies — in most cases, already-existing vaccines. The goal is to test whether the new treatments perform better than the old.

The ethics of placebo testing for vaccines is continually discussed in medical circles. In some cases, it means depriving a control group of a known treatment, which is unethical. In some cases, it means continuing to give control subjects a useless injection after the efficacy and safety of the new treatment have been established, which is also unethical.

None of this means that the vaccines given to American children haven’t been safety-tested. They’ve all gone through phased trials mandated by the Food and Drug Administration to determine their safety and gauge their efficacy.

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What Kennedy does — and what he slipped past goalie Elizabeth Vargas — is to exploit the layperson’s lack of understanding about how vaccine testing works to deceive the public into thinking that we’re injecting our children with dose after dose of dangerous vaccines. That’s not responsible.

Kennedy’s other mantra, also aired at the town hall, is that vaccines should be tested for their “long-term risks.” It’s unclear how he defines “long-term,” or how he assesses the consequences of waiting. Does he mean one year? Five years? Thirty years? Some diseases take that long after exposure to manifest themselves. Is 30 years an appropriate period to wait?

Kennedy took aim at two specific vaccines — without any pushback from Vargas. The first is the chickenpox vaccine, which became available in 1995 and is mandated for children in every state.

Kennedy cited what he called evidence that the chickenpox vaccine can cause shingles later in life. This conclusion has been widely questioned in clinical studies.

Shingles, a painful and potentially dangerous rash, is caused by the chickenpox virus, which remains dormant for years after exposure to the disease or vaccination, and can erupt later. Recent studies indicate that the risk of shingles is greater for unvaccinated people than vaccinated. In any case, highly effective vaccines against shingles are available and are generally recommended for people over 50.

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What Kennedy specifically said was that the chickenpox vaccine “stops chickenpox, but it causes shingles epidemics.” That’s a gross overstatement — there are no signs of shingles “epidemics” resulting from the shot.

He also said the U.S. rules on the vaccine are at odds with those in Europe. “In the U.S., we mandate it for American children,” he said. “In Europe, they don’t.”

That’s inaccurate. The vaccine isn’t required in Britain or France, but is required in Germany, Spain, Italy, Greece and Luxembourg.

Kennedy also raised an issue with the U.S. mandate — replicated in many other countries — for infant inoculation against hepatitis B, a disease that is commonly transmitted through sexual contact or contact with other bodily fluids.

“Why are we giving hepatitis B vaccine to a 1-day-old child?” he asked. The answer isn’t hard to find: It’s because the hepatitis B virus is far more common than was long supposed and can be passed on from an infected mother — who may not know she carries the virus — to her newborn.

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Medical authorities concluded in the 1990s that infant inoculation was a key to reducing the incidence of the disease. But as Elena Conis of UC Berkeley observed in 2011, “vaccinating infants against hepatitis B … is a popular target for contemporary vaccine critics, who for the last decade have argued that the virus is a sexually-transmitted infection that poses little or no risk to babies.”

Kennedy is a carrier of that misconception.

There’s much more about Kennedy’s output of cocksure misinformation than can fit in this space. The danger represented by Robert F. Kennedy Jr. is that while speaking deceptively, he comes off as earnest — a skill that Donald Trump hasn’t mastered.

But the lesson remains: There’s no way that even a determined interviewer can fight back against deception and deceit when it’s dispensed by the torrent.

The greater danger is that our news programs, desperate for attention, can’t learn that lesson … or don’t want to learn.

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Albania Gives Jared Kushner Hotel Project a Nod as Trump Returns

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Albania Gives Jared Kushner Hotel Project a Nod as Trump Returns

The government of Albania has given preliminary approval to a plan proposed by Jared Kushner, Donald J. Trump’s son-in-law, to build a $1.4 billion luxury hotel complex on a small abandoned military base off the coast of Albania.

The project is one of several involving Mr. Trump and his extended family that directly involve foreign government entities that will be moving ahead even while Mr. Trump will be in charge of foreign policy related to these same nations.

The approval by Albania’s Strategic Investment Committee — which is led by Prime Minister Edi Rama — gives Mr. Kushner and his business partners the right to move ahead with accelerated negotiations to build the luxury resort on a 111-acre section of the 2.2-square-mile island of Sazan that will be connected by ferry to the mainland.

Mr. Kushner and the Albanian government did not respond Wednesday to requests for comment. But when previously asked about this project, both have said that the evaluation is not being influenced by Mr. Kushner’s ties to Mr. Trump or any effort to try to seek favors from the U.S. government.

“The fact that such a renowned American entrepreneur shows his interest on investing in Albania makes us very proud and happy,” a spokesman for Mr. Rama said last year in a statement to The New York Times when asked about the projects.

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Mr. Kushner’s Affinity Partners, a private equity company backed with about $4.6 billion in money mostly from Saudi Arabia and other Middle East sovereign wealth funds, is pursuing the Albania project along with Asher Abehsera, a real-estate executive that Mr. Kushner has previously teamed up with to build projects in Brooklyn, N.Y.

The Albanian government, according to an official document recently posted online, will now work with their American partners to clear the proposed hotel site of any potential buried munitions and to examine any other environmental or legal concerns that need to be resolved before the project can move ahead.

The document, dated Dec. 30, notes that the government “has the right to revoke the decision,” depending on the final project negotiations.

Mr. Kushner’s firm has said the plan is to build a five-star “eco-resort community” on the island by turning a “former military base into a vibrant international destination for hospitality and wellness.”

Ivanka Trump, Mr. Trump’s daughter, has said she is helping with the project as well. “We will execute on it,” she said about the project, during a podcast last year.

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This project is just one of two major real-estate deals that Mr. Kushner is pursuing along with Mr. Abehsera that involve foreign governments.

Separately, the partnership received preliminary approval last year to build a luxury hotel complex in Belgrade, Serbia, in the former ministry of defense building, which has sat empty for decades after it was bombed by NATO in 1999 during a war there.

Serbia and Albania have foreign policy matters pending with the United States, as both countries seek continued U.S. support for their long-stalled efforts to join the European Union, and officials in Washington are trying to convince Serbia to tighten ties with the United States, instead of Russia.

Virginia Canter, who served as White House ethics lawyer during the Obama and Clinton administrations and also an ethics adviser to the International Monetary Fund, said even if there was no attempt to gain influence with Mr. Trump, any government deal involving his family creates that impression.

“It all looks like favoritism, like they are providing access to Kushner because they want to be on the good side of Trump,” Ms. Canter said, now with State Democracy Defenders Fund, a group that tracks federal government corruption and ethics issues.

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Craft supplies retailer Joann declares bankruptcy for the second time in a year

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Craft supplies retailer Joann declares bankruptcy for the second time in a year

The craft supplies and fabric retailer Joann filed for bankruptcy for the second time in less than a year, as the chain wrestles with declining sales and inventory shortages, the company said Wednesday.

The retailer emerged from a previous Chapter 11 bankruptcy process last April after eliminating $505 million in debt. Now, with $615 million in liabilities, the company will begin a court-supervised sale of its assets to repay creditors. The company owes an additional $133 million to its suppliers.

“We hope that this process enables us to find a path that would allow Joann to continue operating,” said interim Chief Executive Michael Prendergast in a statement. “The last several years have presented significant and lasting challenges in the retail environment, which, coupled with our current financial position and constrained inventory levels, forced us to take this step.”

Joann’s more than 800 stores and websites will remain open throughout the bankruptcy process, the company said, and employees will continue to receive pay and benefits. The Hudson, Ohio-based company was founded in 1943 and has stores in 49 states, including several in Southern California.

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According to court documents, Joann began receiving unpredictable and inconsistent deliveries of yarn and sewing items from its suppliers, making it difficult to keep its shelves stocked. Joann’s suppliers also discontinued certain items the retailer relied on.

Along with the “unanticipated inventory challenges,” Joann and other retailers face pressure from inflation-wary consumers and interest rates that were for a time the highest in decades. The crafts supplier has also been hindered by competition from others in the space, including Michael’s, Etsy and Hobby Lobby, said Retail Wire Chief Executive Dominick Miserandino.

“It did not necessarily learn to evolve like its nearby competitors,” Miserandino said of Joann. “Not many people have heard of Joann in the way they’ve heard of Michael’s.”

Joann is not the first retailer to continue to struggle after going through bankruptcy. The party supply chain Party City announced last month it would be shutting down operations, after filing for and emerging from Chapter 11 bankruptcy in 2023.

Over the last two years, more than 60 companies have filed for bankruptcy for a second or third time, Bloomberg reported, based on information from BankruptcyData. That’s the most over a comparable period since 2020, when the COVID-19 pandemic kept shoppers home.

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Discount chain Big Lots filed for bankruptcy last September, and the Container Store, a retailer offering storage and organization products, declared bankruptcy last month. Companies that rely heavily on brick-and-mortar locations are scrambling to keep up with online retailers and big-box chains. Fast-casual restaurants such as Red Lobster and Rubio’s Coastal Grill have also struggled.

High prices have prompted consumers to pull back on discretionary spending, while rising operating and labor costs put additional pressure on businesses, experts said. The U.S. annual inflation rate for 2024 was 2.9%, down from 3.4% in 2023. But inflation has been on the rise since September and remains above the Federal Reserve’s goal of 2%.

If a sale process for Joann is approved, Gordon Brothers Retail Partners would serve as the stalking-horse bidder and set the floor for the auction.

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U.S. Sues Southwest Airlines Over Chronic Delays

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U.S. Sues Southwest Airlines Over Chronic Delays

The federal government sued Southwest Airlines on Wednesday, accusing the airline of harming passengers who flew on two routes that were plagued by consistent delays in 2022.

In a lawsuit, the Transportation Department said it was seeking more than $2.1 million in civil penalties over the flights between airports in Chicago and Oakland, Calif., as well as Baltimore and Cleveland, that were chronically delayed over five months that year.

“Airlines have a legal obligation to ensure that their flight schedules provide travelers with realistic departure and arrival times,” the transportation secretary, Pete Buttigieg, said in a statement. “Today’s action sends a message to all airlines that the department is prepared to go to court in order to enforce passenger protections.”

Carriers are barred from operating unrealistic flight schedules, which the Transportation Department considers an unfair, deceptive and anticompetitive practice. A “chronically delayed” flight is defined as one that operates at least 10 times a month and is late by at least 30 minutes more than half the time.

In a statement, Southwest said it was “disappointed” that the department chose to sue over the flights that took place more than two years ago. The airline said it had operated 20 million flights since the Transportation Department enacted its policy against chronically delayed flights more than a decade ago, with no other violations.

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“Any claim that these two flights represent an unrealistic schedule is simply not credible when compared with our performance over the past 15 years,” Southwest said.

Last year, Southwest canceled fewer than 1 percent of its flights, but more than 22 percent arrived at least 15 minutes later than scheduled, according to Cirium, an aviation data provider. Delta Air Lines, United Airlines, Alaska Airlines and American Airlines all had fewer such delays.

The lawsuit was filed in the United States District Court for the Northern District of California. In it, the government said that a Southwest flight from Chicago to Oakland arrived late 19 out of 25 trips in April 2022, with delays averaging more than an hour. The consistent delays continued through August of that year, averaging an hour or more. On another flight, between Baltimore and Cleveland, average delay times reached as high as 96 minutes per month during the same period. In a statement, the department said that Southwest, rather than poor weather or air traffic control, was responsible for more than 90 percent of the delays.

“Holding out these chronically delayed flights disregarded consumers’ need to have reliable information about the real arrival time of a flight and harmed thousands of passengers traveling on these Southwest flights by causing disruptions to travel plans or other plans,” the department said in the lawsuit.

The government said Southwest had violated federal rules 58 times in August 2022 after four months of consistent delays. Each violation faces a civil penalty of up to $37,377, or more than $2.1 million in total, according to the lawsuit.

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The Transportation Department on Wednesday also said that it had penalized Frontier Airlines for chronically delayed flights, fining the airline $650,000. Half that amount was paid to the Treasury and the rest is slated to be forgiven if the airline has no more chronically delayed flights over the next three years.

This month, the department ordered JetBlue Airways to pay a $2 million fine for failing to address similarly delayed flights over a span of more than a year ending in November 2023, with half the money going to passengers affected by the delays.

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