Category Archives: DOJ, DC and inside the Beltway

Comey Petulant Response to DOJ over Dropping the Case v. Flynn

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Losing gracefully is hardly part of the character of former FBI Director James Comey.
As the news broke that under the recommendations of Jeff Jensen to Main Justice, that the case be dropped, Comey remains petulant.

Not to be left out, Congressman Adam Schiff also tweeted the following:

 

The Democrats have formed their response already filled with bias and fake outrage….but if the reader should take the time to fully read the 20 pages in the motion to dismiss, context becomes much more clear actually. There was great division it seems within the 7th Floor of the Bureau and even at the Department of Justice. You can bet not a single Democrat read the full motion. By the way, the Judge has final authority to approve the motion.

Michael Flynn's Sentencing Delayed By Judge Sullivan After ... photo

The target paragraph(s) in the motion is as follows:

Mr. Flynn entered a guilty plea—which he has since sought to withdraw—to a single count of making false statements in a January 24, 2017 interview with investigators of the Federal Bureau of Investigation (“FBI”). See ECF Nos. 3-4. This crime, however, requires a statement to be not simply false, but “materially” false with respect to a matter under investigation. 18 U.S.C. § 1001(a)(2). Materiality is an essential element of the offense. Materiality, moreover, requires more than mere “relevance” or relatedness to the matter being investigated; it requires “probative weight,” whereby the statement is “reasonably likely to influence the tribunal in making a determination required to be made.” United States v. Weinstock, 231 F.2d 699, 701 (D.C. Cir. 1956) (emphasis added).

After a considered review of all the facts and circumstances of this case, including newly discovered and disclosed information appended to the defendant’s supplemental pleadings, ECF Nos. 181, 188-190,1 the Government has concluded that the interview of Mr. Flynn was untethered to, and unjustified by, the FBI’s counterintelligence investigation into Mr. Flynn—a no longer justifiably predicated investigation that the FBI had, in the Bureau’s own words, prepared to close because it had yielded an “absence of any derogatory information.” Ex. 1 at 4, FBI FD-1057 “Closing Communication” Jan. 4, 2017 (emphases added). The Government is not persuaded that the January 24, 2017 interview was conducted with a legitimate investigative basis and therefore does not believe Mr. Flynn’s statements were material even if untrue.

Flynn-Motion-to-Dismiss

In part of commentary by Jonathan Turley:

The Flynn case represents one of the most ignoble chapters of the Special Counsel investigation. Notably, the motion itself could lay the foundation for suing on the basis of malicious prosecution.

While Judge Emmet Sullivan could dismiss the charges on the papers (and unopposed motion), I would expect a hearing to be called. There is a great irony here. Sullivan’s last hearing on sentencing led to controversial statements from the bench and a delay in sentencing that resulted in an easier path to dismissal.

In the motion below, the Justice Department stresses that “the citizen’s safety lies in the prosecutor who … seeks truth and not victims, who serves the law and not factional purposes, and who approaches [the] task with humility.”  It also establishes that there was never a satisfaction of the materiality element to the criminal allegation.

Who Is Emmet Sullivan, the Judge Who Will Sentence Michael ...

Keep your eyes of Judge Sullivan…will he sign the motion. Hat tip to Sidney Powell for her legal tenacity.

 

What did Biden Know and When did he Know it?

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Somehow it seems the matter of the Bidens and all things Ukraine or China have faded from the headlines.

To Fight Russia, Ukraine Must Also Fight Corruption, Biden ... photo
Maybe there is more to learn here from Biden’s video for his trip to Kyiv.

Now in sporadic form, news articles challenge Presidential candidate Biden on his history or predatory behavior with Tara Reade. Okay, so the Senate Officers in charge of records belonging to Joe Biden’s time as a senator are under seal and cannot be released. It seems two other possible repositories for government records that included Joe Biden in government are the National Archives or the University of Delaware. Is there not some official rule or protocol for where those records actually reside and unsealing them or making them available in the case of an investigation?

When it comes to the Russia/Trump investigation, how come journalists never ask candidate Joe Biden about Crossfire Razor, Crossfire Typhoon or Crossfire Hurricane? You can bet that during the last months of the Obama White House that Biden was either read in or part of the conversations dealing with the counter-intelligence investigation(s). It is no secret that during the transition, President Obama warned Donald Trump about General Flynn and earnestly suggested that President Trump not hire Flynn as National Security Advisor. Why would that be?

From General Flynn: He recounted that his agency was producing intelligence reports indicating that radical Islamists were the main force in the Syrian insurgency and “that Turkey was looking the other way when it came to the growth of the Islamic State inside Syria”. According to Flynn, these reports “got enormous pushback from the Obama administration.

As ISIS conquered much of Iraq during the summer of 2014 and imposed its brutal, totalitarian rule, it was clear that Obama and his national security team had underestimated the strength of ISIS, while Flynn had understood the threat far better than many of his peers. But Flynn had angered his two bosses, Michael Vickers, the overall head of intelligence at the Pentagon, as well as James Clapper, the director of national intelligence.
Vickers and Clapper thought that Flynn trying to shake things up at DIA was actually sabotaging morale at the agency, according to Clapper’s autobiography, “Facts and Fears.” They decided to force Flynn out of office a year early.

Yet, the Crossfire Razor operation launched by the FBI was about to begin, even while Flynn was still at the DIA. (CR was later closed due to no evidence Flynn was a Russian agent)

301 Moved Permanently source

Stefan Halper, who worked for three Republican presidents and was a longtime informant for the American intelligence community, had a February 2014 encounter with Flynn at a London intelligence conference. Halper became so alarmed by Flynn’s close association with a Russian woman that a Halper associate expressed concerns to American authorities that Flynn may have been compromised by Russian intelligence. Flynn was forced out of the DIA six months later, although public accounts at the time cited other reasons for his removal, including his management style and views on Islam.

Exactly where are the archived files for VP Biden these days? What did he know and when? There is still the open question(s) of the Biden interactions or deals with China and Ukraine.

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As for the assignments given to VP Biden by the Obama White House, it is fascinating that even today speaking intermittently from his basement, media has not challenged the candidate about his work. Per the White House archives, Biden was the lead in many areas.

As the 47th Vice President of the United States, Joe Biden has continued his leadership on important issues facing the nation and has represented our country abroad traveling over 1.2 million miles to more than 50 countries. Vice President Biden has convened sessions of the President’s Cabinet, led interagency efforts, and worked with Congress in his fight to raise the living standards of middle class Americans, reduce gun violence, address violence against women, and end cancer as we know it.

Eight years ago, the turmoil in the financial sector led to crippling conditions in the real economy — the livelihood of millions of American households and businesses outside of Wall Street. Eight years later, we’re in the midst of the longest streak of job growth in history — with more than 15 million jobs added. The Vice President played a key role in acting aggressively to arrest the crisis, restart growth and job creation, rebuild our economy on a stronger long-term foundation, and expand opportunity for all Americans. The Vice President was tasked with implementing and overseeing the $840 billion stimulus package in the American Recovery and Reinvestment Act, which has helped to rebuild our economy and lay the foundation for a sustainable economic future. He fought for America’s auto industry, saving 1.5 million jobs up and down the supply chain. The Vice President also leads the Ready to Work Initiative, the Administration’s key effort to identify opportunities to improve our nation’s workforce skills and training systems to help better prepare American workers for the jobs of a 21st century economy.

Candidate Biden can hardly put together a cogent thought or sentence these days during any public or virtual appearances. Gotta wonder.

 

DNI/Grenell Gives Adam Schiff Ultimatum

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Hey Adam….the transcripts are ready….are you? Release the documents.

Transcripts of closed-door interviews from Russia probe ... source

EXCLUSIVE — DNI TO SCHIFF: THE TRANSCRIPTS ARE READY TO RELEASE. A big development in the fight over 53 secret interviews the House Intelligence Committee conducted during its Trump-Russia investigation. Acting Director of National Intelligence Richard Grenell has sent a letter to chairman Adam Schiff notifying him that transcripts of all 53 interviews, over 6,000 pages in all, have been cleared for public release. “All of the transcripts, with our required redactions, can be released to the public without any concerns of disclosing classified material,” Grenell wrote to Schiff in a letter dated May 4.

The Intel Committee did the first probe into Russia’s 2016 campaign interference and allegations of Trump-Russia collusion. Even today, its findings make up most of what we know about the affair. As part of that investigation — it was run by then-majority Republicans — the committee interviewed some key witnesses in the Trump-Russia matter: Donald Trump Jr., Steve Bannon, Andrew McCabe, Sally Yates, Michael Cohen, Hope Hicks, and many more.

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The interviews were conducted in secret. But by September 2018, with the committee’s report long finished and made public, the Republicans who still controlled the committee decided the interview transcripts should be released to the public. In a rare moment of comity, Democrats agreed, and on September 26, 2018, the committee voted unanimously to release the transcripts. But there was a catch: The documents would have to first be checked for classified information by the Intelligence Community. So off they went to the IC — never to be seen again.

Now, in May 2020, they’re still secret. Two weeks ago, the Wall Street Journal editorial board reported that the IC had finished its review of 43 of the transcripts, but Schiff was refusing to release them. The paper said Schiff was also preventing declassification of the remaining ten transcripts.

In the letter, Grenell revealed that the 43 transcripts have been finished since June 2019. Schiff has been sitting on them all that time. Grenell said the final ten have just been finished as well. “I urge you to honor your previous public statements, and your committee’s unanimous vote on this matter, to release all 53 cleared transcripts to Members of Congress and the American public as soon as possible,” Grenell said. Just in case Schiff is still not interested, Grenell added, “I am also willing to release the transcripts directly from the Office of the Director of National Intelligence, as to ensure we comply with the unanimous and bipartisan vote to release the transcripts.”

One more thing. In March 2019 — that was when Democrats were newly in charge of the House and considering impeaching President Trump over the Russia matter — Schiff requested that the DNI “under no circumstances…share House Intelligence Committee transcripts with the White House, President Trump, or any persons associated with the White House or President.” Some Republicans viewed that as a dubious request, since some of the witnesses came from the White House. Nevertheless, Grenell complied. “Pursuant to your guidance, these transcripts have not been shared with the White House,” he wrote to Schiff.

The next move is up to Schiff. The chairman has shown no hesitation to keep secrets even when they involve non-classified information of great national interest. For example, Schiff is still concealing the committee’s impeachment inquiry interview with Michael Atkinson, at the time the Intelligence Community Inspector General, in the Ukraine matter. As for the Trump-Russia interviews, Republicans remember when Schiff claimed he had “direct evidence” of collusion — a charge special counsel Robert Mueller was never able to establish. Some GOP lawmakers believe the transcripts will help show that Schiff was making it up all along. It’s time for the public to learn that, too.

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When Schiff continues to lie —> update: Schiff is moving to release them but not without trying to place blame.

Schiff accused the White House of “hijacking” the process during an interview with Politico in September. The outlet reported at the time that “Schiff still intends to release the bulk of the Russia transcripts in the near future.” Nearly a year later, he had not done so.

“All of the transcripts, with required redactions can be released to the public without any concerns of disclosing classified material,” Grenell’s letter said. “In the interests of transparency and accountability, I urge you to honor your previous public statements, and your Committee’s unanimous vote on this matter, to release all 53 cleared transcripts to all Members of Congress and the American public as soon as possible.”

The acting spy chief added: “I am also willing to release the transcripts directly from the ODNI, as to ensure we comply with the unanimous and bipartisan vote to release the transcripts.”

The declassification process by the ODNI was expected to take just a few weeks or months. Nearly two years later, GOP lawmakers and Trump administration officials blamed Schiff for the delay.

“Adam Schiff is thwarting the will of the House Intelligence Committee as expressed in the bipartisan vote in September 2018 to make these transcripts public,” one senior intelligence official told the Washington Examiner late last month. “He has appointed himself arbiter of what the public should see and has refused to allow the White House to review its own equities, making declassification of 10 of the transcripts impossible. It’s difficult to imagine any motive other than Schiff is still trying to control the narrative on Russia collusion.”

Schiff’s spokesperson said Wednesday, “We are now reviewing the proposed redactions from ODNI based on classification, law enforcement sensitivity, or items ODNI requests be for official-use only.” The official also cast doubt on the trustworthiness of the redactions, claiming that, “given the overtly political role now played by the Acting DNI, including the leak of his letter, this committee and the public can have little confidence that his determinations are made on the merits.”

The spokesperson added: “Our review of ODNI’s newly proposed redactions will be as expeditious as possible given the constraints of the pandemic, and we look forward to releasing these transcripts, which relate to misconduct by the Trump campaign and the president himself.”

Special counsel Robert Mueller’s 448-page report, released in April 2019, said his investigation found the Russians had interfered in the 2016 election in a “sweeping and systematic fashion” but that it “did not establish” any criminal conspiracy between the Trump campaign and Russia.

Led by Rep. Jim Jordan of Ohio, the ranking member on the House Oversight Committee, 27 GOP lawmakers said in a Tuesday letter that the delay was Schiff’s fault.

“We understand now that Chairman Schiff is blocking the release of these transcripts. This news, if accurate, is disturbing — especially in light of Chairman Schiff’s cries in 2019 for transparency regarding allegations that the Trump campaign colluded with Russia,” the congressmen said.

The 10 transcripts that Schiff successfully blocked the White House from viewing are from interviews of Trump son-in-law and White House senior adviser Jared Kushner, former chief executive for the Trump campaign Steve Bannon, former Obama deputy national security adviser Ben Rhodes, former Attorney General Loretta Lynch, former Deputy Attorney General Sally Yates, former U.S. Ambassador to the United Nations Samantha Power, former Obama national security adviser Susan Rice, former Trump campaign manager Corey Lewandowski, former White House deputy assistant Keith Schiller, and Mary McCord, a former assistant attorney general for national security who was involved in the FBI’s Russia investigation.

Among the 43 other witness interviews was testimony by former Director of National Intelligence James Clapper, Donald Trump Jr., White House adviser Hope Hicks, longtime Trump friend and recently convicted “fixer” Roger Stone, former Clinton campaign chairman John Podesta, and former FBI Deputy Director Andrew McCabe. Perkins Coie lawyers Michael Sussman, a former DOJ lawyer who passed along alleged details about Russian interference to former FBI general counsel James Baker, and Marc Elias, the chairman who was the Clinton campaign’s general counsel and who hired Fusion GPS on behalf of the campaign, were also among them.

 

 

5 Eyes Has Memo/Evidence on China Virus Deception

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Primer: Secretary of State, Mike Pompeo is correct, China is using the same fake/false propaganda tactics well known and exploited for decades by Russia’s FSB. Further, while Beijing refuses to allow foreign (read U.S.) scientists into the Wuhan Laboratory for review/investigation, Beijing is also refusing WHO scientists as well.

China sends thousands of medical staff to Wuhan as ...

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FNC: A research dossier compiled by the so-called “Five Eyes” intelligence alliance states that China intentionally hid or destroyed evidence of the coronavirus outbreak, resulting in the loss of tens of thousands of lives around the world.

The 15-page document from the intelligence agencies of the U.S., Canada, the U.K., Australia and New Zealand, was obtained by Australia’s Daily Telegraph newspaper and states that China’s secrecy amounted to an “assault on international transparency.”

The dossier touches on themes that have been discussed in media reports about the outbreak of the virus, including initial denial that the virus could be transmitted between humans, the silencing or “disappearing” of doctors who tried to speak up, the destruction of evidence in laboratories and refusal to provide live samples to international scientists working on a vaccine.

Specifically, the file notes that China began censoring news of the virus on search engines beginning Dec. 31, deleting terms including “SARS variation, “Wuhan Seafood market” and “Wuhan Unknown Pneumonia.”

Three days later, on Jan. 3, China’s National Health Commission, ordered virus samples to be either moved to designated testing facilities or destroyed, while simultaneously enforcing a “no-publication order” related to the disease.

Perhaps most damningly, the dossier states that Chinese authorities denied that the virus could be spread between humans until Jan. 20, “despite evidence of human-human transmission from early December.”

The dossier is similarly unsparing about the World Health Organization (WHO), stating that it toed the Chinese line about human-to-human transmission despite the fact that”officials in Taiwan raised concerns as early as December 31, as did experts in Hong Kong on January 4.”

As of Friday night, the WHO’s official Twitter account still featured a tweet from Jan. 14 that stated: “Preliminary investigations conducted by the Chinese authorities have found no clear evidence of human-to-human transmission of the novel #coronavirus (2019-nCoV) identified in #Wuhan, #China.”

At the same time, the dossier states that throughout February, “Beijing [pressed] the US [sic], Italy, India, Australia, Southeast Asian neighbours and others not to protect themselves via travel restrictions, even as [China] imposes severe restrictions at home.”

At the same time, the file states: “Millions of people [left] Wuhan after the outbreak and before Beijing lock[ed] down the city on January 23.”

The dossier continues the litany of Chinese defensiveness, stating: “As EU [European Union] diplomats prepare a report on the pandemic, [China] successfully presses Brussels to strike language on [China] disinformation.”

Similarly, “As Australia calls for an independent inquiry into the pandemic, [China] threatens to cut off trade with Australia. [China] has likewise responded furiously to US [sic] calls for transparency.”

The Telegraph report does present one point of divergence between the allied governments, with Australia believing the virus most likely originated in the Wuhan wet market and putting the chances it accidentally leaked from a lab at “5 percent.”

By contrast, Fox News reported April 15 that U.S. intelligence officials are increasingly confident that coronavirus likely originated in a Wuhan lab as a consequence of China’s attempt to demonstrate that its efforts to identify and combat viruses are equal to or greater than the capabilities of the United States

President Trump said Thursday that he’s seen evidence suggesting the virus came from a lab after Fox News and others asked if he knew of anything that gave him confidence that the outbreak originated in the Wuhan Institute of Virology.

“Yes, I have,” he replied, “And, I think that the World Health Organization should be ashamed of themselves because they’re like the public relations agency for China.”

Multiple sources previously told Fox News that it is believed standards in Wuhan were disregarded before the virus leaked, prompting Beijing to initiate a cover-up. Sources also claimed the WHO was complicit from the beginning in helping China cover its tracks.

The WHO and China have denied any wrongdoing.

The Telegraph also reported that key figures at the Wuhan Institute of Virology previously worked or trained in Australian government labs where they conducted research on pathogens in live bats as part of an ongoing partnership with the Chinese Academy of Sciences.

According to the dossier, the team’s work at the Wuhan lab involved discovering samples of coronavirus within a cave in Yunnan province and synthesizing a bat-derived coronavirus that could not be cured.

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KEY DATES IN COVID COVER-UP

November 9, 2015:

Wuhan Institute of Virology publish a study revealing they created a new virus in the lab from SARS-CoV.

December 6, 2019

Five days after a man linked to Wuhan’s seafood market presented pneumonia-like symptoms, his wife contracts it, suggesting human to human transmission.

December 27

China’s health authorities told a novel disease, then affecting some 180 patients, was caused by a new coronavirus.

December 26-30

Evidence of new virus emerges from Wuhan patient data.

December 31

Chinese internet authorities begin censoring terms from social media such as Wuhan Unknown Pneumonia.

January 1, 2020

Eight Wuhan doctors who warned about new virus are detained and condemned.

January 3

China’s top health authority issues a gag order.

January 5

Wuhan Municipal Health Commission stops releasing daily updates on new cases. Continues until January 18.

January 10

PRC official Wang Guangfa says outbreak “under control” and mostly a “mild condition”.

January 12

Professor Zhang Yongzhen’s lab in Shanghai is closed by authorities for “rectification”, one day after it shares genomic sequence data with the world for the first time.

January 14

PRC National Health Commission chief Ma Xiaowei privately warns colleagues the virus is likely to develop into a major public health event.

January 24

Officials in Beijing prevent the Wuhan Institute of Virology from sharing sample isolates with the University of Texas.

February 6

China’s internet watchdog tightens controls on social media platforms.

February 9

Citizen-journalist and local businessman Fang Bin disappears.

April 17

Wuhan belatedly raises its official fatalities by 1290.

 

Operation Warp Speed

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The mission is for the United States to have the ability to inoculate 300m people by January 2021. In collaboration between Health and Human Services, the FDA and the Department of Defense, the DOD has a unique division known as The Research Regulatory Oversight Office (R2O2) which is the P&R component level oversight office for the authorities and responsibilities under Department of Defense (DoD) Instruction 3216.01, “Use of Animals in DoD Programs.” The R2O2 manages animal care and use review and oversight processes for research conducted and supported by the Uniformed Services University of the Health Sciences and the Armed Forces Radiobiology Research Institute, both of which are accredited by AAALAC as is required for all DoD institutions housing animals for Research, Development, Testing and Evaluation or training.

U.S. Department of Defense and FDA collaborate to help speed ... source

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The Trump administration is organizing a Manhattan Project-style effort to drastically cut the time needed to develop a coronavirus vaccine, with a goal of making enough doses for most Americans by year’s end.

Called “Operation Warp Speed,” the program will pull together private pharmaceutical companies, government agencies and the military to try to cut the development time for a vaccine by as much as eight months, according to two people familiar with the matter.

As part of the arrangement, taxpayers will shoulder much of the financial risk that vaccine candidates may fail, instead of drug companies.

The project’s goal is to have 300 million doses of vaccine available by January, according to one administration official. There is no precedent for such rapid development of a vaccine.
Last month, Trump directed Health and Human Services Secretary Alex Azar to speed development of a vaccine, and administration officials have been meeting on the effort for three to four weeks, one of the people said. A meeting on the project was scheduled at the White House on Wednesday.

The people familiar with the project and the administration officials asked not to be identified because it hasn’t yet been publicly announced.

A spokesman for the Department of Health and Human Services, Michael Caputo, said the president refused to accept the timeline for standard vaccine development and encouraged a breakthrough process.
Speeding Up

Vaccine development is typically slow and high risk. The project’s goal is to cut out the slow part, the people said. Operation Warp Speed will use government resources to quickly test the world’s most promising experimental vaccines in animals, then launch coordinated human clinical trials to winnow down the candidates.
The group is discussing which Americans might be vaccinated first, as the medicines would likely roll off production lines in batches, one of the people said. The project would be funded from money already available to the government and won’t require new authority from Congress, one of the people said.

There are at least 70 different coronavirus vaccines in development by drugmakers and research groups, according to the World Health Organization. But drugmakers have not coordinated their efforts to the extent they could through the Warp Speed project, one of the people said.
Under the effort, the Defense Department would make its animal research resources available for pre-clinical work on vaccines.

The group is also discussing the use of what’s known as a master protocol to test the vaccines. Instead of multiple clinical trials run by each drugmaker, competing for patients and resources, the government would organize one large trial to test several vaccines at once and advance the most promising ones.
Oxford Vaccine

The Trump administration isn’t alone in trying to fast-track a vaccine. One of the world’s most promising vaccine candidates has been developed by a team at Oxford University in London. Last month, scientists at the U.S. National Institutes of Health innoculated six rhesus macaques with the Oxford vaccine and then exposed them to the coronavirus, the New York Times reported.

All six were healthy more than four weeks later, according to the Times. The researchers are currently testing their vaccine in 1,000 patients and plan to expand to stage two and three clinical trials next month involving about 5,000 more people.

The Oxford group told the Times they could have several million doses of their vaccine produced and approved by regulators as early as September.

In the U.S., the Bill & Melinda Gates Foundation has meanwhile shifted much of its research effort to the coronavirus virus.

One of the people familiar with Operation Warp Speed drew a distinction with the Oxford group, describing the U.S. effort as broader in scope. It’s unclear which vaccine candidates would be part of Operation Warp Speed, or whether it would include the Oxford vaccine.

More than 1 million cases of coronavirus have been confirmed in the U.S., and at least 58,000 people have died from the illness it causes in the last two months. Widespread social-distancing measures have helped slow the spread, but at the cost of millions of jobs and losses to the economy that experts fear will take years to recover.

Along with wider diagnostic testing for the virus and an effective therapeutic drug, a vaccine is one of the key tools for reducing long-term risk from the virus. Testing can help contain an outbreak in its early stages, or after it’s been curbed enough to manage. A therapy can help those who get sick, reducing the risk of death and the burden on hospitals.

Gilead Sciences Inc. announced Wednesday that in a trial conducted by Fauci’s agency, the U.S. National Institute of Allergy and Infectious Diseases, its experimental coronavirus therapy remdesivir helped patients recover faster than under standard care. More here from Bloomberg