Business
Column: Robert F. Kennedy Jr. is a threat to your health — and our democracy
Back in the dawn of the Trump era — just prior to his 2017 inauguration — the line of would-be suck-ups queuing up for face time with the president-elect included a man with a distinguished name.
He was Robert F. Kennedy Jr., scion of one of the leading families of Democratic Party politics. What brought him together with Trump was their shared interest in the anti-vaccination movement.
At least Kennedy, who had been an anti-vaccine crusader for well more than a decade and was pushing a long-discredited claim that the MMR vaccine caused autism, thought so. He announced upon emerging from the meeting that Trump had asked him to chair a commission “on vaccine safety and scientific integrity.”
On this issue, Bobby is an outlier in the Kennedy family.
— Robert F. Kennedy Jr.’s sister, brother and niece on his anti-vaccination crusade
Trump promptly denied that, but acknowledged that he was “exploring the possibility” of such a commission and “look[ing] forward to continuing the discussion about all aspects of autism with many groups and individuals.”
Kennedy has never backed off from pushing the vaccine-autism link, which can be traced back to a British study that was eventually retracted because of charges that the data were fabricated. Its main author was stripped of his medical license in Britain amid accusations of research fraud.
Kennedy has now paddled back into the American political discourse by announcing his candidacy for president in April on the Democratic ticket. His family connection appears to have brought attention to his campaign; the question is whether the dazzlement of the Kennedy name will be sufficient to blind voters to his history of promoting spectacularly dangerous health policies through misrepresentations and outright lies.
Kennedy certainly can’t claim to lack a platform to disseminate his misinformation and disinformation. On June 15 he received a tongue bath on Spotify from that outstanding ignoramus Joe Rogan, who allowed him to spout his anti-science spiel for three hours with virtually no pushback.
After vaccine expert Peter Hotez of the Baylor College of Medicine tweeted a link to a comprehensive takedown of the Spotify webcast by Vice.com, Rogan challenged Hotez to participate in a public debate with Kennedy. Hotez has quite properly refused, which led to his being accosted at his home by some misguided soul demanding that he take the bait.
The dangers from Kennedy’s campaign should be clear. One is that a Kennedy candidacy that gains any real traction alone will increase the political credibility of anti-vax claptrap, which already has more than enough.
Another is that it could cut into the vote in 2024 for a responsible Democrat, whether President Biden or anyone else, which could sweep Trump or a Trump clone into office, along with the thuggish attacks on diversity, inclusion and voting rights that have become the alpha and omega of GOP politics.
It’s proper, in other words, to take a close look at Kennedy’s record on health policy and the real consequences of his anti-vaccination crusade.
Kennedy first made a splash as an anti-vax figure in 2005, when Salon.com and Rolling Stone jointly published an article under his byline headlined “Deadly Immunity.” The article asserted a link between a purported increase in autism and the presence of thimerosal, a compound of mercury used as a preservative, in childhood vaccines.
The fact is that there has never been any scientifically valid evidence for this link, and in any case thimerosal ceased to be used in the U.S. in 2001. The rise in autism diagnoses before then or since has been attributed by experts to a broadening of clinical definitions for the condition and more awareness of its multiple manifestations.
Salon ended up appending no fewer than five corrections to Kennedy’s article, and finally bowed to proliferating professional critiques of the piece by removing it from its website in 2011.
In trying to make his case, Kennedy misrepresented a conference about vaccines held by the Centers for Disease Control and Prevention at the Simpsonwood conference center outside Atlanta in June 2000. He implied that it was a secret conference, though the entire transcript was published by the CDC later that month. He used selective quotations from participants to suggest that their purpose was to hide evidence about vaccines and autism, when in truth it was nothing of the kind.
Kennedy continued to spread anti-vaccine hysteria, emerging as a walking public health hazard. In June 2019 he visited Samoa, appearing in public with a prominent local anti-vaccination figure.
By that September, the island nation was in the grip of a measles outbreak that eventually took the lives of more than 80 people. Experts blamed the outbreak on a sharp drop in measles vaccination rates, which had fallen to about 34% in 2018 from 74% the year before.
While the epidemic was still in full cry that November, Kennedy wrote to the Samoan prime minister denying that the outbreak could be blamed on “the so-called ‘anti-vaccine’ movement,” and pointed his finger instead on “a defective vaccine” that failed to target a “mutated” virus and allowed it to spread to children.
“It is a regrettable possibility that these children are [casualties] of Merck’s vaccine,” he wrote. The veteran pseudoscience debunker David Gorski described the letter as “a masterpiece of antivaccine dissembling, misinformation, distortion, and lies,” seemingly aimed at providing cover for anti-vaccine quacks trying to deflect responsibility for “discouraging people from vaccinating their children.”
Kennedy’s spiel has become only more febrile and inflammatory over the years. At an appearance in Sacramento in 2015, while the California Legislature was debating a measure to narrow the ability of parents to avoid immunizing their children (it passed), he called the impact of vaccines on children a “holocaust.”
Kennedy claims not to be “anti-vaccine,” but says he is merely “a vaccine safety advocate.” That’s a well-worn dodge of the anti-vaxxer movement. In 2017, Kennedy told Helen Branswell of STATnews that he wanted to ensure “that vaccines are subject to the same kind of safety scrutiny and safety testing that other drugs are subject to.” As vaccine expert Paul Offit observed in response, “in fact, vaccines are subjected to greater scrutiny than drugs” by the Food and Drug Administration.
During the Rogan webcast, Kennedy expanded his attack to encompass electromagnetic, wireless and 5G technology: “Wi-Fi radiation” could be causing autism, food allergies, asthma, eczema or other chronic conditions, he said. “I think it degrades your mitochondria and it opens your blood-brain barrier.”
He also promoted ivermectin and hydroxychloroquine as treatments for COVID-19, medicines that have been approved for other conditions but have been found through repeated, painstaking studies to be useless against COVID. He retailed the familiar anti-vaccine trope that those nostrums have been deliberately suppressed by the pharmaceutical industry and government authorities.
“They had to discredit ivermectin,” Kennedy told Rogan. “Because there’s a federal law, the emergency use authorization statute, says you cannot issue an emergency use authorization to a vaccine if there’s an existing medication that has been approved for any purpose that is demonstrated effective against the target illness. So they had to destroy ivermectin and hydroxychloroquine.”
That’s a baseless claim. The truth is that there is no such rule.
Kennedy’s anti-vaccination and anti-government spiel appeals to prominent entertainment and business figures who like to be thought of as iconoclasts. For instance, he’s been embraced by Elon Musk, whose apparent determination to tell it like it is has been hampered by his towering ignorance.
One group of people who are immune to Kennedy’s influence is his own family. In 2019, his sister and brother Kathleen Kennedy Townsend (a former lieutenant governor of Massachusetts) and Joseph Kennedy II (a former congressman from Massachusetts) and Kathleen’s daughter Maeve Kennedy McKean upbraided Kennedy in Politico for having “helped to spread dangerous misinformation over social media” and being “complicit in sowing distrust of the science behind vaccines.”
As they pointed out, President John F. Kennedy, Sen. Edward M. Kennedy and Sen. Robert F. Kennedy Sr. were leaders in improving access to vaccines and better healthcare to Americans and others around the world.
“The fact is that immunizations prevent some 2 million to 3 million deaths a year, and have the potential to save another 1.5 million lives every year with broader vaccine coverage,” they wrote. “On this issue, Bobby is an outlier in the Kennedy family.”
Voters, take heed.
Business
Trump Is Said to Consider Executive Order to Circumvent TikTok Ban
President-elect Donald J. Trump is considering an executive order to allow TikTok to continue operating despite a pending legal ban until new owners are found, according to a person with knowledge of the matter.
The possible executive order, reported earlier by The Washington Post, is under discussion as TikTok faces a deadline on Sunday to be banned in the United States unless it finds a new owner. The popular video-sharing app is owned by ByteDance, a Chinese company. Republicans have said for years that they see the app, which has been downloaded to millions of smartphones, as a national security risk. It has become a rare issue that has united both parties in Congress.
If the Supreme Court upholds the law, which will ban the app unless ByteDance sells it to a non-Chinese company, special treatment from Mr. Trump might be the only way for TikTok to continue operating in the United States in the near term. The law requires app store operators like Apple and Google and cloud computing providers to stop distributing TikTok in the United States.
An executive order could try to direct the government not to enforce the law or to delay enforcement to complete a deal, a move that past presidents have used to challenge laws. It is unclear if an executive order would survive legal challenges or persuade the app stores and cloud computing companies to take steps that could expose them to huge penalties.
Alan Z. Rozenshtein, a former national security adviser to the Justice Department and a professor at the University of Minnesota Law School, said an executive order should be “taken with a medium-sized boulder of salt.” Such an order is not a law, he said, and legally would not change the legislation passed by Congress and signed by President Biden.
While there is some speculation that the app will still work if it has already been downloaded, the law also affects internet hosting companies like Oracle and other cloud computing providers, and it is unclear how video load times and the functionality of the app may respond.
One person close to Mr. Trump’s team said some of his allies had loose discussions about buying TikTok but provided no details. Mr. Biden, whose term ends on Monday, a day after the ban is set to go into effect, is also under pressure to find a way to save the app.
The New York Times reported late Wednesday that TikTok’s chief executive, Shou Chew, is expected to attend Mr. Trump’s inauguration on Monday and was offered a seat on the dais. TikTok declined to comment.
Mr. Chew is expected to be joined by other tech executives on the dais: Mark Zuckerberg, the co-founder of Meta; Jeff Bezos, the Amazon founder; Elon Musk, Mr. Trump’s megadonor; and Tim Cook, the chief executive of Apple, who personally donated $1 million to the inaugural committee.
Mr. Trump had previously backed a TikTok ban but publicly changed his stance last year, soon after meeting with Jeff Yass, a Republican megadonor who owns a large share of ByteDance.
Mr. Trump has said they did not discuss the company. But Mr. Yass helped found the trading firm Susquehanna International Group and is one of the biggest supporters of the conservative lobbying group Club for Growth. The group has hired people with ties to Mr. Trump, such as Kellyanne Conway, his former top adviser, and the Republican adviser David Urban, to lobby for TikTok in Washington.
TikTok has also worked to make inroads with the Trump team through Tony Sayegh, who was a Treasury official during Mr. Trump’s first administration and now leads public affairs for Susquehanna.
Mr. Sayegh has relationships with the Trump family and was a core part of the campaign’s decision to join TikTok this summer. Several members of the family, including Ivanka Trump, Donald Trump Jr. and Kai Trump, the president-elect’s granddaughter, have also joined the app.
Mr. Trump’s interest in TikTok is not entirely because of his advisers. He came to see how well videos about him performed on the platform, and his advisers credited it with helping him to expand his reach to a new type of voter during the campaign.
Any actions Mr. Trump might be able to take on TikTok are complicated. The law gives the president the ability to extend the deadline for a sale only if there is “significant progress” toward a deal that would put the company in the hands of a non-Chinese owner.
It also requires that the deal be possible to complete within 90 days of an extension. It is unclear exactly how an extension will work if Mr. Trump tries to deploy it after the ban takes effect.
TikTok has maintained throughout its court challenge to the law that such a sale is unworkable in part because of the prescribed time frame. A group led by the billionaire Frank McCourt has mounted a bid to buy the app — though without its mighty algorithm — in recent months.
Mr. Trump could also try to work around the law by instructing the government not to enforce it.
But app store operators and cloud computing providers could require more than a soft assurance from Mr. Trump that he will not punish them if they fail to execute the ban, said Ryan Calo, a professor at the University of Washington School of Law. The potential legal liability for companies that violate the law is significant: Penalties are as high as $5,000 per person who is able to use TikTok once the ban is in effect.
“You could have a policy not to enforce this ban,” said Mr. Calo, who was part of a group of professors who urged the Supreme Court to overturn the TikTok law. “But I think that maybe conservative companies would just be like: ‘OK, you’re not going to enforce it. But it is on the books, and you could enforce at any time.’”
Mr. Trump’s pick for attorney general, Pam Bondi, has declined to say whether she would enforce the law.
“I can’t discuss pending litigation,” she said at her Senate confirmation hearing on Wednesday. “But I will talk to all the career prosecutors who are handling the case.”
Mr. Trump has a third option: appealing to Congress to reverse a policy it overwhelmingly approved with broad bipartisan support last year.
“Congress can undo this anytime,” Mr. Calo said.
On Thursday, Senator Chuck Schumer of New York, the Democratic leader, said on the Senate floor that he was worried about the possibility of a ban on TikTok.
“It’s clear that more time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans, of so many influencers who have built up a good network of followers,” he said. He added that he had also made those views clear to the Biden administration and accused Republicans of blocking a bill that would have extended the deadline for a ban by 270 days.
A White House official said on Thursday that the administration’s clear view was that TikTok should operate with an American owner. Because of the timing of the potential ban — taking place over a holiday weekend before the inauguration — it would fall to the next administration to carry out the law, the official said.
Catie Edmondson contributed reporting.
Business
Waters and Sherman introduce bill to address gaps in wildfire insurance coverage
Two California representatives in Washington are trying to combat the state’s home insurance crisis that has left many residents without coverage as wildfires tear through the Los Angeles area.
Reps. Maxine Waters (D-Los Angeles) and Brad Sherman (D-Sherman Oaks) reintroduced on Thursday the Wildfire Insurance Coverage Study Act, which calls for an assessment of the home insurance market in communities with high wildfire risk. The bill easily passed the House Financial Services Committee with bipartisan support last Congress, but was pulled from consideration before getting a vote by the full House.
The bill’s return comes after a week of desperate firefighting in Southern California, where entire neighborhoods have been reduced to ash and rubble. The fires have claimed thousands of homes and businesses in the Pacific Palisades, Malibu, Altadena and other communities.
Before the fires sparked, the home insurance market in California was already in crisis as insurers opted not to renew thousands of policies in areas deemed to be at high risk of fires, including those that were hit by the current blazes. Some homeowners who didn’t have their coverage canceled saw their rates rise sharply.
“Over the years we’ve watched insurance companies raise premiums, reduce coverage, and abandon wildfire coverage in high-risk areas altogether,” Waters said in a statement. “This leaves families and businesses throughout the state of California without the resources they need to recover.”
The Wildfire Insurance Coverage Study Act would require the Government Accountability Office to examine the availability and affordability of home insurance in fire-prone areas. The GAO would also gather data on disparities in access to wildfire coverage and make recommendations for federal actions to stabilize insurance markets.
“The devastating fires in my district and the greater Los Angeles area underscore the need for Congress to focus on the availability and cost of fire insurance coverage,” Sherman said.
Although insurance is a state-regulated industry, Waters said her bill would “help Congress and the federal government better understand what federal tools are available to respond to the risks posed by wildfires.”
The bill also calls for an inquiry into the role climate change plays in exacerbating wildfires.
Also this week, California lawmakers introduced legislation they hope will fill gaps in support for renters and homeowners affected by the fires, as well as the inmate firefighters the state relies on.
On Wednesday, Rep. Isaac Bryan (D-Los Angeles) proposed a bill to raise the pay for inmate firefighters during the hours that they are “actively fighting a fire” to match the rate of the lowest professional state firefighter wage.
California has long relied on incarcerated firefighters on the front lines, with hundreds of prison firefighters deployed in Los Angeles in recent days. The practice has drawn criticism from some for the meager pay these inmates receive for the potentially life-threatening work.
The firefighters make between $5.80 and $10.24 daily as well as an additional $1 hourly wage on the front lines, for shifts that can last as long as 24 hours, according to the California Department of Corrections and Rehabilitation.
“We are seeing our incarcerated folks putting their lives in harm’s way and protecting whole communities,” Bryan said in an interview. “We bring up how they are doing this work for slave wages, but we never do anything about it.”
Rep. John Harabedian (D-Riverside) introduced this week AB 238, a bill aimed at delivering financial relief to Californians forced to shoulder payments for both temporary housing and mortgages simultaneously.
Another bill, AB 246, calls for a rent freeze across Los Angeles County and would create a civil penalty for landlords who violate it. The effort comes as L.A. City Council moved to bar evictions for some tenants and pets amid the emergency.
Business
On TikTok, Users Thumb Their Noses at Looming Ban
Over the last week, the videos started appearing on TikTok from users across the United States.
They all made fun of the same thing: how the app’s ties to China made it a national security threat. Many implied that their TikTok accounts had each been assigned an agent of the Chinese government to spy on them through the app — and that the users would miss their personal spies.
“May we meet again in another life,” one user wrote in a video goodbye set to Whitney Houston’s cover of Dolly Parton’s “I Will Always Love You.” The video included an A.I.-generated image of a Chinese military officer.
The videos were just one way that some of TikTok’s 170 million monthly U.S. users were reacting as they prepared for the app to disappear from the country as soon as Sunday.
The Supreme Court is set to rule on a federal law that required TikTok’s Chinese owner, ByteDance, to sell the app by Jan. 19 or face a ban in the United States. U.S. officials have said China could use TikTok to harvest Americans’ private data and spread covert disinformation. TikTok, which has said a sale is impossible and challenged the law, is now awaiting the Supreme Court’s response.
The possibility that the justices will uphold the law has set off a palpable sense of grief and dark humor across the app. Some users have posted videos suggesting ways to circumvent a ban with technological workarounds. Others have downloaded another Chinese app, Xiaohongshu, also known as “Red Note,” to thumb their noses at the U.S. government’s concerns about TikTok’s ties to China.
The videos highlight the collision taking place online between the law, which Congress passed with wide support last year, and everyday users of TikTok, who are dismayed that the app may soon disappear.
“Much of my TikTok feed now is TikTokers ridiculing the U.S. government, TikTokers thanking their Chinese spy as a form of ridicule,” said Anupam Chander, a professor of law and technology at Georgetown University and an expert on the global regulation of new technologies. “TikTokers recognize that they are not likely to be manipulated by anyone. They are actually quite sophisticated about the information they’re receiving.”
TikTok declined to comment on the users’ references to its ties to China.
Some users are not willing to give up the app — or their supposed spies — so easily.
Hundreds of TikTok videos over the last week have cataloged how teenagers could keep using the app in the United States, according to a review by The New York Times. One of the most popular methods described is the use of a VPN, or a virtual private network, which can mask a user’s location and make it appear that the person is elsewhere.
“They can’t actually ban TikTok in the U.S. because VPNs are not banned,” Sasha Casey, a TikTok user, said in a recent video that was liked over 60,000 times. “Use a VPN. And send a picture to Congress while you do it, because that’s what I’ll be doing.”
While VPNs can make it appear that a phone, a laptop or another electronic device is in a remote location, it is not clear if the technology can circumvent the ban. A device’s real location is stored in many places, including in the app store that was used to download TikTok.
TikTok fans also seem to be behind the sudden surge in popularity for Xiaohongshu, the most downloaded free app on Tuesday and Wednesday in the U.S. Apple Store. Hundreds of millions of people in China use the app, which, like TikTok, features short videos and text-based posts. Xiaohongshu means “little red book” in Mandarin.
Mr. Chander anticipates that the Supreme Court will uphold the ban law this week, though he believes that TikTok has the winning case. He said the downloads of Red Note and the Chinese spy memes showed that many Americans did not agree with their government’s security concerns, particularly at the expense of free speech.
“When the United States shutters a massive free expression service, which our democratic allies have not shuttered, it will make us the censor and put us in the unusual position of silencing expression,” Mr. Chander said. “It will make Americans who use TikTok really distrustful of the U.S. government as carrying their best interests.”
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