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OPINION: 'Will Trump ever be held accountable? The Justice Department just increased the odds.'

Laurence H. Tribe, Carl M. Loeb University Professor emeritus and a professor of constitutional law emeritus at Harvard Law School wrote the Opinion, titled above, which was published yesterday in the Washington Post. As a lawyer Professor Tribe won 35 cases before the Supreme Court of the United States.

The following are excerpts from his Opinion:

'Donald Trump managed to evade legal accountability throughout his presidency. That might be about to change — and the newest sign comes in a brief filed by the Justice Department. It doesn’t directly address the former president, yet has ominous implications for his ability to avoid responsibility for his role in the Jan. 6 insurrection.'

'The Justice filing came in a lawsuit in which Rep. Eric Swalwell (D-Calif.) and a number of Capitol Police officers have sued Trump and others for their roles in the insurrection. One of those named in the suit, Rep. Mo Brooks (R-Ala.), claimed that he is immune from personal liability under a law known as the Westfall Act, which shields federal officials acting within the scope of their' employment.

'U.S. District Judge Amit P. Mehta asked for the Justice Department’s position, and, in a filing Tuesday, the department resoundingly rejected Brooks’s view. This is a correct — indeed, an unavoidable — interpretation of the law. It is a view that is directly relevant to Trump’s potential liability in the Swalwell lawsuit and other pending litigation, ...'

The department first invoked Brooks’s own “defense” that his appearance at Trump’s Jan. 6 rally before the insurrection was “campaign activity,” not part of his official position: He was trying to get Trump declared the winner of the 2020 election and to promote GOP wins in 2022 and 2024. That was, the department properly concluded, political activity, not remotely covered by any immunity.

Even if Brooks’s appearance was not deemed campaign-related, the department added, he still is not entitled to immunity because he was accused of violating federal law — by definition, not part of his job. “Instigat[ing] a violent attack on the U.S. Capitol … plainly could not be within the scope of federal employment,” the brief said.

'Where does that leave Trump, who is also a defendant in the lawsuit and has also asked that it be dismissed? Not in great legal shape, in my view.'

'Tellingly, the department’s brief said, “Inciting or conspiring to foment a violent attack on the United States Congress is not within the scope of employment of a Representative — or any federal employee,” a category manifestly including the president himself.'

Here is a link to the full Opinion:

https://www.washingtonpost.com/opinions/2021/07/29/will-trump-ever-be-held-accountable-

justice-department-just-increased-odds/

The pandemic rages on as do some of the worst governors in our country's history. In truth, it would be better to leave that judgement to Heather. Quite a number of us vented our anger yesterday concerning the madness in the country, following Annette's lead.

The madness continues. Here are links to several stories in today's New York Times. They contain information about the coronavirus, including the Delta variant, which will not ease our anxiety but provide valuable information:

https://www.nytimes.com/live/2021/07/29/world/covid-delta-variant-vaccine/

https://www.nytimes.com/interactive/2021/07/29/us/delta-variant-risk-map.html

https://www.nytimes.com/interactive/2021/07/29/world/europe/europe-us-vaccination.html

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Court days a comin’ for the Orange Ayatollah of Neckjellyoh

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Neckjellyoh?

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You know, the blobby "no neck" look.

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So well put; thank you, TC.

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Like McTurtleneck?

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Love Tribe! His explanation of whether not TFG will/ can be held responsible is a definitive “YES”! Thanks, Fern.

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TFG???

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The Former Guy, e.g. Trump

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Thanks. Saw Tribe on MSNBC tonite.

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Right, Fern.

"Will Trump ever be held accountable?" I wonder about that a lot. I wonder if trump, jarvanka, trump's cronies who broke the law with him, and every other sycophant who lied for him and committed perjury--I wonder if they'll ever be brought to Justice and face their due. Will we ever be able to change the climate of endless corruption in government? Will be able to achieve the honest, happy, and healthy environment we all want? Not to be a downer, but...It's looking dim.

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Righteous questions, Heydon.

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Did any of you catch this one? Seems Kushner’s security clearance “force through” will add to his portfolio, serving Israel and the gulf states. The grift continues. https://www.reuters.com/world/us/jared-kushner-leave-politics-launch-investment-firm-sources-2021-07-28/

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That clearance needs to be rescinded. And security clearance needs to be reinstated for those who TFG cancelled.

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There needs to be a law written to update efforts and enforcement aimed at both money laundering and corruption. Most American don’t realize that any dark LLC can blindly purchase real estate in America. It’s an open door for money launderers and a pathway sustaining corruption.

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trump and jarvanka have truly made a mockery of our security clearance system. trump's intelligence advisors told him not to grant Jarvanka security clearances. But trump overruled everyone and gave him highest level security clearances. and trump made them senior white house advisors.

I wish we had Ed Snowden as a forensic detective combing the digital financial records of government officials. Then, making public all those off-shore accounts and their transactions.

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The tax returns are important but what voters really need to see is the # of property:real estate sales to blind/dark LLCs. Then dig deeper by Treasury Dept agents to identify and expose the buyers of so many properties and compare those inflated priced sales vs fair market value/appraised value at time of sale . That will tell us plenty.

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Yes, that sounds like a good approach. The octopus of greed and corruption has arms and modes of theft stretching far and wide.

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Agree. But u don’t need Snowden. It is public record what and which Drumf properties sold to dark LLCs. Why are so many dark LLC’s such a large proportion of Drumf property sales:buyers?Because they are made by foreign Govts buying future influence.

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The dark LLCs bring to mind journalist Matt Taibbi's description of Goldman Sachs as "a great vampire squid wrapped around the face of humanity, relentlessly jamming its blood funnel into anything that smells like money."

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The fox guarding the chicken coop?

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Yep, trump and his toadie-henchmen are the fox, and we're the chicken coop.

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Hmmmm. So are the Kushners going to conveniently relocate to Israel before the poo flies?

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Perhaps we’ll see they and Mr. Barrack having dinner in the UAE.

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Very likely.

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Hahahaha

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WOW!!!

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Yet we've got high hopes! Not over till the fat lady sings.

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I don't care about political correctness, I love that phrase. It comes from the requirements that Richard Wagner placed upon his opera singers. He had increased the size of the orchestra so much that to be able to sing over them, it was thought that one needed to be rather large. It was even in the singers contracts that they were not allowed to lose weight once they were hired for the season. Hence the image of the over-sized Valkyrie.

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Good question. My answer: Not likely.

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Annette, I never thought he lost them. Given our tumult, Trump, and Jan. 6th peoples' expectations in February - May were not realistic. I think that we'll be able to assess in the fall and winter months.

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Can campaign money be used to pay for either a sedition defense or violation of a Congress person's oath of office defense? Or, must the individual pay for their own defense with clean money?

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Trump used campaign money to pay legal fees for non-campaign-related actions. But given that the Republicans have gutted the Federal Election Commission it's doubtful that he'll ever get in trouble for doing so.

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Good question. I'm not going to make a guess.

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Re COVID, I received this message last night from my PhD, biogenetic researcher sister-in-law:

Covid Delta virus

When infected with the new Covid Delta virus, there is no cough, no fever.

There is a lot of joint pain, headaches, neck and upper back pain, general weakness, loss of appetite and pneumonia, this is Cubid Delta!

And of course, it is more venomous and has a higher mortality rate and sometimes asymptomatic!  Let's be more careful because of this

This strain does not live in the nasopharynx area !

Now it directly affects the lungs, meaning shorter periods of time.

Please avoid crowded places, keep a distance of 1.5 meters even in open places.  Use double masks and wash hands frequently (after coughing or sneezing).

Please no hugs and kisses, it's very dangerous right now, suppose everyone is asymptomatic.

* WAVE * is much more deadly than the first

* 19 *.  So we have to be very careful and take *all kinds of precautions.*

Do not keep this information to yourself.

Share it as much as you can, especially with your family and friends.

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Delta has an R knot range as high as chicken pox now and right on the heels of measles, one of the most infectious airborne transmissible disease of all time. Like our Olympians, we have given Covid the opportunity to train and get stronger for 18 months, and it continues to get stronger. The unvaccinated and their leadership has put the recovery, school year, concerts, sports, togetherness in jeopardy.

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Thank you. I am sharing this and all other updates with friends and family. I have cleared my calendar of all "events" which put me in contact with anyone...especially the very young and the very old and the very vulnerable.

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Thank you, Ted. I have emailed Melinda's post and will add yours.

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After I shared my horrible experience with the unvaccinated ER nurse who was testing me for Covid, my doctor asked me to put it in writing (I did.) Since then, the entire hospital system has instituted a policy requiring all staff and related businesses to the system to be vaccinated or be fired. Since she literally bragged to me about it, could not keep her own mask in place during the test itself, told me that she never wore a mask in public, told me that she "probably" had had Covid at least twice (she was never tested) and that breakthroughs were common, that people were dying, not due to Covid, but due to reactions to the vaccine...I seriously doubt that this woman will ever again work in health care. Incidentally, I was treated for RSV (commonly affecting small children), which is showing up as PNEUMONIA in ER's, especially prevalent among seniors. Be careful out there, everyone.

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Even the basics of this are covered in nursing school. If they’re not, they should be. I haven’t been a nurse for 40 years but keep up with all things medical. It was common sense as soon as we knew Covid was respiratory that we would need ventilators and special rooms and nurses. I was appalled to watch how poorly it all unfolded.

The messaging from day one was bad. They claimed it was like the flu. Big mistake. People think they have the flu all the time when it’s not even close. I was thrilled when my grandson’s doctor explained exactly what the flu was and said vomiting was gastrointestinal distress, not the flu. He went on a Disneyland trip for his senior year February 1, 2020. He had a high fever and was congested right after. We quarantined him to his room and upstairs area for 5 days. Food went up on trays, conversations were conducted on FaceTime. He lost his mother in 2018, he doesn’t need to lose his grandparents because of foolishness.

I made over 500 masks, most going to the zoo to protect their N95 while they worked with the animals.

It’s not hard to take simple precautions.

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Thank you for your reporting, Ellen, and being of service to other patients as well as the staff of the health facility. Great work!

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Thank You for reporting this Ellen! Patient advocacy, safety and health care system reform on a grand scale from your extra effort!

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I was a nurse from 1972 until 2015 and do understand science. She obviously either put her politics of her training or is deliberately ignorant. That nurse should never work in the medical field again. By her actions, she is unqualified to practice. I wonder if she was reported to her state board of nursing for license suspension or removal. I sincerely hope so.

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I do too. Since I posted this, I have heard from two friends who were vaccinated but who now have Covid. This breakthrough business is nothing to fool around with. Be careful!

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ELLEN Massey (TX) - It’s official! You are a survivor…

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Thank you for reporting.

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I could not believe health care providers wouldn't REQUIRE their staff to be vaccinated! They are dealing with the most vulnerable and in many cases, the most infected, for Pete's sake!

This is what those Tea Party libertarian idiots have brought us to.

Hell's bells, we all want individual freedom, but that comes with responsibility to our fellows. They seem to have missed that part in Civics class.

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The doc did some digging (I couldn't remember her name and he put me on hold and CALLED the ER to find out who she was) and said she was not a "regular" but was a "floater" that the hospital had employed to help with the overload. Apparently, that provider had no rules and so she just skated into the ER. He called me back again after hours to talk me through their policies and to tell me that she was not only unprofessional and unethical, but was also putting lives at risk. He took my letter straight to the Board overseeing that hospital so I'm sure she's long gone by now. I hope.

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Thank you!!

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I was struck last night by an interview with a doctor who said “This isn’t COVID19, it’s COVID21.” Instead of talking about the Delta variant, we need a marketing strategy to change the perception to COVID21 or COVID 2.0. The people we need to reach are practiced at ignoring 19, but maybe renaming it would get their attention regarding how significantly more dangerous it is now. And for those of us who followed the science and got vaccinated, it might lessen the frustration with having to wear masks again.

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I've been disappointed that we aren't getting more help from Madison Avenue to fight the misinformation both with private companies and Government. We need help explaining the the costs both monetary and human, counter the freedom argument....the loss of ones health is the loss of ones wealth, let alone the loss of ones freedom, and or death of a family member. For those that have lost someone, or struggling with the costs of that care, there is and will never be a "back to normal". If someone has died, or is living now with permanent reduced lung capacity, if a family has been evicted, or a small business lost, well, there is no going "back to normal". There is a story to tell here and Madison Avenue is not doing their part for their business clients future and certainly not for the country. The marketing investment needs to be made by Madison Avenue.

https://www-nytimes-com.cdn.ampproject.org/c/s/www.nytimes.com/2021/07/25/world/europe/disinformation-social-media.amp.html

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Ted, I feel "Madison Avenue" is solely for hire, and not much in the way of ESG

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How can local county Health Department's budgets compete with very professional marketers and convincing state sponsored misinformation campaigns targeting their populace?

We have lost the battle of information, when 50 to 40% wont get vaccinated and have become militant in their anti mask anti vaccine view.

Required reading is this Max Fisher article. Consultants and marketing professionals are being hired by shell companies of rival nations to package their misinformation for hire. This is so wrong.

https://www-nytimes-com.cdn.ampproject.org/c/s/www.nytimes.com/2021/07/25/world/europe/disinformation-social-media.amp.html

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This is disgusting.

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Spread the word. Support a mask mandate. Consider supporting a vaccine mandate.

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So wrong. And so wrong how publuc health funding has been gutted in the past 40 years.

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If the Libertarians' have their way, which they have figured out, just flavor the candidates with demagoguery, they will destroy the institutions that support and sustain democracy: Public Education, Public Health, EPA, etc etc etc. They want total control. They may be working alone or together as obstructionist's, but over time, they don't realize or do not care the beast they have created can kill democracy.

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Madison Avenue seems to be very profit oriented. It would be nice if one company could be civic-minded enough to donate some time to creating a marketing strategy for the government, or maybe for a nice tax deduction? Then those ideas could be utilized in news interviews, especially with the CDC. Maybe with some news previews hawking Covid 2.0 as a teaser. I just see the people who really need to listen as hearing the current news coverage as sounding like Charlie Brown’s teacher voices. “Wah, Wah, not this again.”

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Agree. how can we expect Country Health Departments or even State Health Departments with limited budgets to counter very focused and very well funded disinformation packaged as truth on SM?

Everyone claims to be an expert or have an expert in their corner. And the effect has some conservative doctors and nurses doubting the mRNA vaccines and Emergency use vaccines. The uneducated are easy prey. The educated are being recruited as well.

DIs and misinformation is a real problem. State sponsored by our enemies and some really misguided individuals out to monetize their own manipulation and false hoods only for their own greed. How can local health departments and hospitals cope in such an environment?

Pandemics mark the end of their era's. They bring things into focus. For the Plaque of the 13th century, things changed big time. After 1918 things changed big time. This Pandemic marks the end of the Industrial Age, and reminds us we are now in the new age of information. National Security depends on accepting this fact.

The military might now needs to shift to combating both misinformation and disease infiltration of the information age, so that a country can't be swept up conspiracy and falsehoods allowing disease to tear down the market place, public education, & public health, that lead to the loss of democracy itself. There is more than one road to unfreedom.

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I wish it could be so simple (e.g., "The Plague 2021").. The names of new viruses are determined by international health groups (like the World Health Organization) using scientific codes and nomenclature. The original virus arose and was discovered in 2019, hence the 19. The variants to THIS virus are classified as they are identified, Alpha (1st), ... Delta (4th)... Public Health organizations have been making it clear how dangerous "Delta" is. Unfortunately, t-Rump and anti-vaxxer "experts" (some are physicians who make a lot of money off their hysteria) lie. And, a variant by any other name will get the same Faux News treatment. Public health outreach and education is a sophisticated marketing science of its own - but until the government stops these propaganda machines, the odds are not good.

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So it can be officially COVID19, Delta variant, but in news coverage be hawked as “like Covid 2.0” Or flood social media with unofficial references to COVID21 or Covid 2.0. The idea is to grab people’s attention and it’s not like the antivaxxers are sticking to the technical truth.

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We have a vaccine for Covid. We do not yet have a vaccine for the Delta variant. But the Covid vaccine will give people significant protection from it. We should not change the name. We need to get more people vaccinated against Covid period. And use masking where appropriate.

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Sorry, I don't agree "DELTA IS MORE DEADLY" should be the message. These people's attention isn't even grabbed in ICU when they are dying of it.

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Hi Melinda - I have been googling to confirm the Covid Delta Symptoms your sister-in-law cited, but can find no confirmation. Can you tell us her source? I have read that COVID Delta is extremely prolific in the nose and throat even among the vaccinated which is why it is spreading so quickly. Please understand, I am not doubting you - ever since trump came into office I look for verification of everything.

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Cheryl and everyone, I'm not sure if that matters. Everyone's physiology is unique. I think early on, we have made this mistake calling it just Covid-19. We should call it commonly "viral Pneumonia". Leave the other terms to medical professionals.

Covid virus attacks the ACE-2 Receptor in our cells. Epithelial cells have lots of these ACE2 Receptors. Epithelial cells are what line our nose, mouth, throat, trachea, lungs, as well as our blood vessels, and heart lining and most linings of organ's like the kidneys. Delta is more virulent, unleashing 1200x more virus particles per infected cell than the wild type. So it may be that it infects more cells much faster, destroys cells faster on its way to your lungs. This will probably lead to a faster lung tissue destruction and more intense cytokine storm. Its also possible that the viral load exhaled into the air is of a much higher concentration to what a potential host breathes in. Bottom line is that spreading of the disease is much faster. Virulence means the disease it will be more severe. This is why younger people are now much more at risk than before. This is new and improved covid-19, 2.0, 3.0, or 5.0, but really its Covid-19 1200.0 ( 1200 more virus is shedding per infected cell). And as long as it keeps spreading, the potential for virulence to increase more is a scientific & Public Health certainty.

When you are short of breath, constantly tired, or hear "lung Crackles" when breathing, with a fever, its time to get to a doctor.

Here's a few animations showing and describing what any viral pneumonia looks like at the cellular level: ( this is isn't perfect or complete, but you can get the idea of the physiology of the immune response and the damage from viral infection in the lungs. Bacterial Pneumonia almost always follows viral pneumonia.

https://www.youtube.com/watch?v=DhtO5kzY5js

https://www.youtube.com/watch?v=3hTsve9jjsQ

Basics of the Immune response and cytokines and how they work to mitigate the immune response lecture:

https://www.youtube.com/watch?v=mFNxXfwlP3A

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I caught it 1 month after being fully vaccinated. At that time, I always wore my mask as Indiana had not yet dropped that requirement. Couple that with the fact that I am a very healthy person who doesn't hang out in crowds tells me that this variant is highly contagious. I had bad headaches, the back of my neck ached, extremely tired and sinus pressure. No fever nor any issues with breathing or my lungs. And it only lasted about 5 days.

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Terry, thank you for sharing this. If you are comfortable about letting us know whether testing was recommended once you felt symptom free, it could be useful to know. Salud!

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No, I didn't have to retest when I felt symptom free. I spoke numerous times to my doctor's office and covid tracers though. They were good at guiding me.

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Thanks, Terry. I am fully vaccinated. Reports and doctors talking about the need for more testing is the reason I raised the question with you. I have wondered if and why I would test for Covid even if I am unaware of whether I've been exposed and have no symptoms. Clearly, all I have to do is message my doctor with the question of under what circumstances should I get a test. The Delta variant has stirred questions and concerns. I appreciated your response.

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What's interesting is that I messaged my doctor because I thought I had a sinus infection. It never crossed my mind that I might have covid. It is very concerning. I'm hoping I can't catch it again.

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Terry, For my understanding, I am going to write what I think you just posted to me. 1. You messaged your doctor today because you are having respiratory discomfort. 2. Exchanges with you on the Forum regarding your past covid infection and Delta may have prompted you to contact your doctor as you think you may have a sinus infection. 3. Now you are concerned as Delta has different symptoms than covid 19. 4. You haven't yet heard from your doctor and you are worried.

Have I understood? Terry please contact me, so that we can communicate again soon.

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So glad you recovered and it only ladted 5 days. The COVID vaccine may have lessened the DELTA ferocity then.

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Indiana obviously has its facts together! Good!

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Im glad you're feeling better.

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Dead Right, double intended, Dead Right.

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Thank you for accurate information from a medical professional.

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CNN is also reporting CDC research that is showing that those vaccinated are just as infectious with the Delta variant as those not vaccinated and not as previously thought. It has been assumed until now that vaccination actually reduces your risk of infecting the other. CDC's policy on masks has abruptly changed to a warning to both vaccinated and non-vccinated to wear masks whereever appropriate. Vaccination is thus self-protection and not protection of the other.

https://edition.cnn.com/2021/07/29/politics/cdc-masks-covid-19-infections/index.html

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"The CDC has issued COVID-19 testing recommendations urging fully vaccinated people to get tested three to five days after exposure to the virus even if they don't experience symptoms. Prior recommendations indicated fully vaccinated people only needed testing after exposure if they were symptomatic. Full Story: The New York Times (7/30)

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Good reporting! Thank you.

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DELTA INFO STILL BEING CLARIFIED. THERE IS SOME PROTECTION FROM DELTA WITH VACCINES. UNIVERAL MASKING IS RECOMMENDED, MAINTAINING DISTANCE BETWEEN PEOPLE, AVOID CROWDED PLACES. FULL VACCINATION BRINGS DOWN TRANSMISSION.

BE CAUTIOUS AND DON'T PANIC.

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The vaccines prevent hospitalizations, severe disease, and death.

( just adding these here. No-one that is vaccinated should be scared. They should mask up, avoid indoor crowds, and stay concerned. Vigilant.)

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Ted, your comment above is not up-to-date. 'Critically, the study (CDC) found that vaccinated individuals carried as much virus in their noses as unvaccinated individuals, and that vaccinated people could spread the virus to each other.' (... 'Only a handful of people in the outbreak were hospitalized, but four of them were fully vaccinated.' The complete picture is evolving.

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"When the facts change, so does my opinion" -W. Churchill I think this is how the CDC evolves in its guidance.

Individuals infected with Delta releases 1200x more virus per infected cell than previous or wild type strains. The virus is evolving quickly.

It has always been a fact that vaccinated people can still have an infection (although mild) AND spread virus to others.

It is a fact that less than 1% of hospitalized patients are break through infections, typically the oldest people or immune compromised and haven't been able to maintain high enough antibody titers (immune efficiency) to keep up with Delta.

None of the above should be used to scare people that they should not get vaccinated. ALL should get vaccinated asap.

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Who's the scarecrow?

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Are we splitting hairs? I am saying/agreeing that Delta does release MORE virus particles, (1200x more particles per infected cell than the wild type) whether you are vaccinated or not.

Being vaccinated protects you from severe disease and hospitalization, and death, but not at 100%, so far it is 97-99% of people getting hospitalized with delta. People should understand, vaccines are not magically going to prevent 100% infection. The vaccinated have the antibody response that counter the disease, preventing Viral Pneumonia and the cytokine storm that causes severe disease (lung destruction) and death.

Vaccinations don't prevent you your cells from infection and replicating, thus every vaccinated person can also be a vector of spread. Breakthrough infections are a risk so a layered approach of being vaccinated, wearing a mask and follow the guidance is what I'm saying with you.

However, if we say that Vaccinations don't prevent infection, some misconstrue that meaning and think the vaccines don't work and they spread that misinformation without understanding the protection from hospitalizations and severe disease that vaccination provides. Breakthrough infections ( causing severe disease in a vaccinated person ) is not the same as a mild infection in a vaccinated person. Both can lead to spread, but both do not mean the vaccines don't work.

Does that clarify or cloud?

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Ted, no one wrote that 'Vaccinations don't prevent infection' as you wrote. A couple of times, including in your reply to me above, you wrote ' Being vaccinated protects you from severe disease and hospitalization,...' Some subscribers were understandably concerned as incomplete info was just released about Delta. I simply tried to clarify that a few fully vaccinated people have been hospitalized and that data was still being collected and evaluated. I think we were both doing the best we could as the picture was evolving.

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We are scared, though, that we could pass it to our unvaccinated grandchildren.

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Valid. I did not word that very well did I? I'm scared too. I could pass it on to my mother in law. 2x cancer survivor, immunocompromised and has kidney issues from her chemo treatments.

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Not up-to-date. Data is evolving.

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Please quit yelling

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Do you have a pair of ear plugs?

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Did you ever notice how people who are hard of hearing tend to shout?

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Thank you. Shared.

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Spot on.

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Thank you. I sent this as an email to my friends and family list.

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Thanks for posting

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Thank You. Shared it.

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Thank you, Melinda. I read that its effects on older people are even more serious than other age groups. Was there anything about that in the message you received?

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Thank you so much for this, Melinda. I have shared with everyone I could think of, including on FB.

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Venomous?

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Virulent?

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Thank you for this information.

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