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Daily Bread for 1.9.20

Good morning.

Thursday in Whitewater will be mostly cloudy with a high of forty-six.  Sunrise is 7:24 AM and sunset 4:39 PM, for 9h 15m 04s of daytime.  The moon is a waxing gibbous with 98% of its visible disk illuminated.

Today is the one thousand one hundred fifty-seventh day.

On this day in 2007, Steve Jobs unveils the iPhone to the public at the Macworld 2007 convention.

Recommended for reading in full —

Todd Richmond reports Air Force confirms Wisconsin National Guard’s former commander Donald Dunbar under investigation:

Gov. Tony Evers’ office has said the National Guard Bureau’s Office of Complex Investigations discovered that Adj. Gen. Donald Dunbar improperly launched the probe sometime last year while the OCI was conducting a top-to-bottom review of the Wisconsin Guard’s sexual assault complaint protocols.

Evers and U.S. Sen. Tammy Baldwin requested the review in March after Master Sgt. Jay Ellis complained to Baldwin in 2018 that commanders in his 115th Fighter Wing security squadron had brushed off at least six sexual misconduct complaints dating back to 2002.

The National Guard Bureau produced a report in December that found multiple shortcomings with how Dunbar’s command handled sexual assault complaints, including launching internal investigations in 22 of 35 cases reported between 2009 and 2019. Federal law and Department of Defense regulations require commanders to refer sexual assault complaints to their respective branches’ criminal investigators and prohibit internal investigations.

Lawrence Lessig writes Don’t allow McConnell to swear a false oath:

Before the Senate begins its trial to determine whether the president should be convicted of the charges for which he has been impeached, the jury — the members of the Senate — must be sworn to service. The oath is mandated by the Constitution; its language, set by Senate rules, requires each senator to swear to “do impartial justice according to the Constitution and laws.”

To swear a false oath is perjury — the crime President Bill Clinton was charged with in his impeachment. Yet given the Constitution’s speech or debate clause, a senator likely could not be charged with perjury for swearing falsely on the Senate floor. Instead, it is the Senate itself that must police members’ oaths — as it has in the past. Beginning in 1864, and continuing for 20 years, members had to swear an oath affirming their commitment to the Union. Often when it was clear that a member could not swear that oath honestly, he was not permitted to take it. As Massachusetts Sen. Charles Sumner said, “A false oath, taken with our knowledge, would compromise the Senate. We who consent will become parties to the falsehood.”

….

Among the senators who will have to take an oath in the trial of President Trump is the majority leader, Sen. Mitch McConnell (R-Ky.). Yet McConnell has openly declared that he is “not impartial about this at all.” “Impeachment,” the senator has opined, is a “political process. This [sic] is not anything judicial about it.”

….

Any senator is privileged to object to any other senator taking an oath. The chief justice would then have to decide whether the oath can be sworn honestly. As there seems no way that McConnell’s oath could be honest, Chief Justice John G. Roberts Jr. should forbid McConnell from taking it. Whether he so rules or not, the decision could be appealed to the Senate as a whole. Should the Senate openly accept a false oath — perjury — in a proceeding to determine the president’s guilt?

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