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AP News in Brief at 9:04 p.m. EST

| December 6, 2020 6:37 PM

Biden picks Calif. AG Becerra to lead HHS, pandemic response

WASHINGTON (AP) — President-elect Joe Biden has picked California Attorney General Xavier Becerra to be his health secretary, putting a defender of the Affordable Care Act in a leading role to oversee his administration's coronavirus response.

If confirmed by the Senate, Becerra, 62, will be the first Latino to head the Department of Health and Human Services, a $1-trillion-plus agency with 80,000 employees and a portfolio that includes drugs and vaccines, leading-edge medical research and health insurance programs covering more than 130 million Americans.

As California's attorney general, Becerra has led the coalition of Democratic states defending “Obamacare” from the Trump administration's latest effort to overturn it, a legal case awaiting a Supreme Court decision next year.

A former senior House Democrat, Becerra played a role in steering the Obama health law through Congress in 2009 and 2010. At the time he would tell reporters that one of the primary motivations for him was having tens of thousands of uninsured people in his Southern California district.

Overseeing the coronavirus response will be the most complicated task Becerra has ever contemplated. By next year, the U.S. will be engaged in a mass vaccination campaign, the groundwork for which has been laid under the Trump administration. Although the vaccines appear very promising, and no effort has been spared to plan for their distribution, it’s impossible to tell yet how well things will go when it’s time to get shots in the arms of millions of Americans.

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Health officials warn Americans not to let their guard down

With a COVID-19 vaccine perhaps just days away in the U.S., most of California headed into another lockdown Sunday because of the surging outbreak and top health officials warned Americans that this is no time to let their guard down.

“The vaccine’s critical,” Dr. Deborah Birx, the White House coronavirus response coordinator, said on NBC's “Meet the Press.” “But it’s not going to save us from this current surge. Only we can save us from this current surge.”

A Food and Drug Administration advisory panel is scheduled to take up a request Thursday to authorize emergency use of Pfizer's vaccine. Vaccinations could begin just days later, though initial supplies will be rationed, and shots are not expected to become widely available until the spring.

With the U.S. facing what could be a catastrophic winter, top government officials warned Americans anew to wear masks, practice social distancing and follow other basic measures — precautions that President Donald Trump and other members of the administration have often disdained.

“I hear community members parroting back those situations — parroting back that masks don’t work, parroting back that we should work towards herd immunity, parroting back that gatherings don’t result in super-spreading events,” Birx said. “And I think our job is to constantly say those are myths, they are wrong and you can see the evidence base.”

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Will the US ever have a national COVID-19 testing strategy?

NEW YORK (AP) — As the coronavirus epidemic worsens, U.S. health experts hope Joe Biden's administration will put in place something Donald Trump's has not — a comprehensive national testing strategy.

Such a strategy, they say, could systematically check more people for infections and spot surges before they take off. The health experts say it would be an improvement from the current practice, which has professional athletes and students at elite universities getting routine tests while many other Americans stand in line for hours — if they get tested at all.

“We have had no strategy for this virus. Our strategy has been no strategy,” said Dr. Michael Mina, a Harvard University researcher focused on use of testing to track disease.

Some experts say the lack of such a system is one reason for the current national explosion in cases, hospitalizations and deaths.

“If we'd had a more robust approach and testing was scaled up as one of the tools, I think much of this third surge would would have been avoidable," said Dr. Grant Colfax, director of the San Francisco Department of Public Health.

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Trump tactics to overturn election could have staying power

ATLANTA (AP) — Even after he exits the White House, President Donald Trump's efforts to challenge the legitimacy of the election and seeking to overturn the will of voters could have staying power.

Trump's tactics are already inspiring other candidates and have been embraced by a wide array of Republicans. Supporters include congressional candidates, state lawmakers, party chairs, conservative legal groups and appointees to previously little-known state vote-certification boards. The breadth of support for Trump's effort could be a troubling sign for future elections.

“What this president is doing is poisoning democracy,” former Michigan Gov. Jennifer Granholm said. “And, yes, he is setting a precedent, suggesting that it is OK to violate these norms that have made our country great.”

Granholm, a Democrat, joined with former New Jersey Gov. Christine Todd Whitman, a Republican, to raise concerns about Trump’s refusal to concede and efforts to undermine the integrity of elections.

“This is not who we are as Americans, and we don’t want the public coming away from this thinking this is the norm,” said Whitman, who served in President George W. Bush's administration.

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GOP White House hopefuls wait to see what Trump does next

WASHINGTON (AP) — When a party loses the White House, a new crop of presidential hopefuls typically begin moving quickly to lay the groundwork for a run in the next campaign.

Not this year.

President Donald Trump's increasingly overt flirtations with running again in 2024 are freezing the potentially vast field of Republican candidates. GOP White House hopefuls are essentially left to watch what Trump does next instead of courting fundraisers, building networks and visiting early-voting states — the usual campaign planning steps — for fear of angering Trump and risking turning off his large and loyal base.

And that's just the way the president likes it, ensuring he stays in the spotlight and generating the cash and media coverage he craves. But strategists say Trump is essentially leaving the party in a holding pattern, with could-be-candidates unable to prepare as they try to avoid crossing a notoriously unforgiving president who has an enormous Twitter bullhorn and little tolerance for perceived disloyalty.

“Trump is delaying the start of the 2024 campaign in a significant way,” said Alex Conant, a Republican operative who served as communications director to Florida Sen. Marco Rubio’s 2016 presidential campaign. In a normal campaign cycle, Conant said, “you would see potential presidential candidates in Iowa and New Hampshire this month.” This year, “That’s not going to happen because nobody wants to be seen as challenging Trump.”

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Schools confront 'off the rails' numbers of failing grades

The first report cards of the school year are arriving with many more Fs than usual in a dismal sign of the struggles students are experiencing with distance learning.

School districts from coast to coast have reported the number of students failing classes has risen by as many as two or three times — with English language learners and disabled and disadvantaged students suffering the most.

“It was completely off the rails from what is normal for us, and that was obviously very alarming,” said Erik Jespersen, principal of Oregon's McNary High School, where 38% of grades in late October were failing, compared with 8% in normal times.

Educators see a number of factors at play: Students learning from home skip assignments — or school altogether. Internet access is limited or inconsistent, making it difficult to complete and upload assignments. And teachers who don't see their students in person have fewer ways to pick up on who is falling behind, especially with many keeping their cameras off during Zoom sessions.

The increase in failing grades has been seen in districts of all sizes around the country.

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Trump lawyer Rudy Giuliani tests positive for COVID

WASHINGTON (AP) — President Donald Trump said Sunday his personal attorney Rudy Giuliani has tested positive for the coronavirus, making him the latest in Trump's inner circle to contract the disease that is now surging across the U.S.

Giuliani was admitted Sunday to Georgetown University Medical Center in Washington, according to a person familiar with the matter who was not authorized to speak publicly.

The 76-year-old former New York mayor has traveled extensively to battleground states in an effort to help Trump subvert his election loss. On numerous occasions he has met with officials for hours at a time without wearing a mask.

Trump, who confirmed Giuliani's positive test in a Sunday afternoon tweet, wished him a speedy recovery.

“Get better soon Rudy, we will carry on!!!” Trump wrote.

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In Georgia, Loeffler again refuses to say Trump lost

ATLANTA (AP) — Sen. Kelly Loeffler three times refused to acknowledge that President Donald Trump lost re-election in November, as she debated her Democratic opponent, Rev. Raphael Warnock, in a closely watched runoff election.

Asked specifically about President-elect Joe Biden's victory in Georgia and whether she agreed with Trump's unfounded accusations of widespread voter fraud, Loeffler sidestepped the matter. "The president has every right to every legal recourse, and that’s what’s taking place,” Loeffler said.

Her Democratic opponent Warnock blasted the senator for “casting doubt” on a legitimate election.

However, Loeffler, again and again, tacitly admitted Trump's defeat by casting twin Jan. 5 runoffs as necessary to prevent a leftward march toward socialism. ″Everything is at stake in this election, the future of our country,” she said, alluding to the high-stakes battle for control of the Senate.

The battle between Loeffler and Warnock and a second runoff between Republican Sen. David Perdue with Democrat Jon Ossoff will determine which party controls the Senate at the outset of Biden's presidency. Republicans need one seat for a majority. Democrats need a sweep to make Vice President-elect Kamala Harris the tie-breaking vote.

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Lawmakers say COVID-19 relief bill won't offer $1,200 checks

WASHINGTON (AP) — With time running out, lawmakers on Sunday closed in on a proposed COVID-19 relief bill that would provide roughly $300 in extra federal weekly unemployment benefits but not another round of $1,200 in direct payments to most Americans, leaving that issue for President-elect Joe Biden to wrestle over with a new Congress next year.

The $908 billion aid package to be released Monday would be attached to a larger year-end spending bill needed to avert a government shutdown this coming weekend.

The cash payments were popular when they were first distributed after the pandemic hit, and Biden on Friday had expressed hope that a second wave might come after weekend negotiations.

But senators involved in the talks said the checks won’t be included as part of the compromise, even as Sen. Bernie Sanders, I-Vt., and others said that could cause them to oppose the measure.

Sen. Dick Durbin of Illinois, the second-ranking Democrat, indicated that excluding the checks while assuring small-business aid and renters’ assistance was the only way to reach agreement with Republicans who are putting firm limits on the bill’s final price tag.

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Sheriff: Defiant NYC bar owner struck deputy with his car

NEW YORK (AP) — The co-owner of a New York City bar that authorities said has been defying coronavirus restrictions was taken into custody early Sunday after running over a deputy with a car, authorities said.

Danny Presti tried to drive away from his bar, Mac's Public House, as deputies were arresting him for serving patrons in violation of city and state closure orders, Sheriff Joseph Fucito said.

Deputies attempted to arrest Presti as he left the bar early Sunday, but Presti got into his car, struck a deputy and kept driving for about 100 yards as the deputy was left hanging onto the hood, Fucito said.

Presti, 34, was eventually stopped and apprehended, the sheriff said. Presti was arraigned Sunday afternoon in Staten Island's 122nd Precinct on 10 charges including third-degree assault, reckless driving, menacing and resisting arrest. A phone message was left for Mark Fonte, an attorney for Presti.

The injured deputy was taken to a hospital for treatment of injuries. The deputy's condition wasn't immediately available.