AP News in Brief at 12:04 a.m. EST

Voting bill collapses, Democrats unable to change filibuster

WASHINGTON (AP) — Voting legislation that Democrats and civil rights leaders say is vital to protecting democracy collapsed late Wednesday when two senators refused to join their own party in changing Senate rules to overcome a Republican filibuster after a raw, emotional debate.

The outcome was a stinging defeat for President Joe Biden and his party, coming at the tumultuous close to his first year in office.

Despite a day of piercing debate and speeches that often carried echoes of an earlier era when the Senate filibuster was deployed by opponents of civil rights legislation, Democrats could not persuade holdout senators Kyrsten Sinema of Arizona and Joe Manchin of West Virginia to change the Senate procedures on this one bill and allow a simple majority to advance it.

“I am profoundly disappointed,” Biden said in a statement after the vote.

However, the president said he is “not deterred” and vowed to “explore every measure and use every tool at our disposal to stand up for democracy.”

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Supreme Court allows Jan. 6 committee to get Trump documents

WASHINGTON (AP) — In a rebuff to former President Donald Trump, the Supreme Court is allowing the release of presidential documents sought by the congressional committee investigating the Jan. 6 insurrection.

The justices on Wednesday rejected a bid by Trump to withhold the documents from the committee until the issue is finally resolved by the courts. Trump’s lawyers had hoped to prolong the court fight and keep the documents on hold.

Following the high court’s action, there is no legal impediment to turning over the documents, which are held by the National Archives and Records Administration. They include presidential diaries, visitor logs, speech drafts and handwritten notes dealing with Jan. 6 from the files of former chief of staff Mark Meadows.

The committee already has begun to receive records Trump wanted kept secret, said Rep. Bennie Thompson, D-Miss., and Rep. Liz Cheney, R-Wyo., the committee chairman and vice chairwoman, respectively.

“The Supreme Court’s action tonight is a victory for the rule of law and American democracy,” Thompson and Cheney said in a statement pledging to “uncover all the facts about the violence of January 6th and its causes.”

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Biden says nation weary from COVID but rising with him in WH

WASHINGTON (AP) — President Joe Biden acknowledged Wednesday that the pandemic has left Americans exhausted and demoralized but insisted at a news conference marking his first year in office that he has “outperformed” expectations in dealing with it.

Facing sagging poll numbers and a stalled legislative agenda, Biden conceded he would likely have to pare back his “build back better” recovery package and instead settle for “big chunks” of his signature economic plan. He promised to further attack inflation and the pandemic and blamed Republicans for uniting in opposition to his proposals rather than offering ideas of their own.

This is a perilous time for Biden: The nation is gripped by a disruptive new surge of virus cases, and inflation is at a level not seen in a generation. Democrats are bracing for a potential midterm rout if he can’t turn things around.

Biden insisted that voters will come to embrace a more positive view of his tenure — and of his beleaguered party — in time. His appeal to voters for patience came with a pledge to spend more time outside Washington to make the case to them directly.

Biden also addressed the brewing crisis on the Ukraine border, where Russia has massed some 100,000 troops and raised concerns that Moscow is ready to launch a further invasion.

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Airlines cancel some flights after reduced 5G rollout in US

DALLAS (AP) — Some flights to and from the U.S. were canceled on Wednesday even after AT&T and Verizon scaled back the rollout of high-speed wireless service that could interfere with aircraft technology that measures altitude.

International carriers that rely heavily on the wide-body Boeing 777, and other Boeing aircraft, canceled early flights or switched to different planes following warnings from the Federal Aviation Administration and the Chicago-based plane maker.

Airlines that fly only or mostly Airbus jets, including Air France and Ireland’s Aer Lingus, seemed less affected by the new 5G service.

Airlines had canceled more than 320 flights by Wednesday evening, or a little over 2% of the U.S. total, according to FlightAware. That was far less disruptive than during the Christmas and New Year’s travel season, when a peak of 3,200, or 13%, of flights were canceled on Jan. 3 due to winter storms and workers out sick with COVID-19.

A trade group for the industry, Airlines for America, said cancellations weren’t as bad as feared because AT&T and Verizon agreed to temporarily reduce the rollout of 5G near dozens of airports while industry and the government work out a longer-term solution.

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Biden predicts Russia will invade Ukraine, warns Putin

WASHINGTON (AP) — President Joe Biden said Wednesday he thinks Russia will invade Ukraine and warned President Vladimir Putin that his country would pay a “dear price” in lives lost and a possible cutoff from the global banking system if it does.

Biden, speaking at a news conference to mark his one-year anniversary in office, also said a “minor incursion” by Russia would elicit a lesser response. He later sought to clarify that he was referring to a non-military action, such as a cyberattack, that would be met with a similar reciprocal response, and that if Russian forces cross the Ukrainian border, killing Ukrainian fighters, “that changes everything.”

But the comments also hinted at the challenge of keeping the United States and its NATO allies united in their response to Russia. In explaining the minor incursion remark, he said “it’s very important that we keep everyone in NATO on the same page.”

The news conference came at a critical moment in Europe as Russia has amassed 100,000 troops near the Ukrainian border and a series of talks in Europe last week failed to ease tensions. Secretary of State Antony Blinken will meet with Russian Foreign Minister Sergey Lavrov in Geneva on Friday. On Wednesday, Blinken met with Ukraine’s president in Kyiv and he heads to Berlin on Thursday for talks with allies.

Biden reiterated that he did not think that Putin has made a final decision on whether to invade, but speculated “my guess is he will move in.”

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Prior infection, vaccines provide best protection from COVID

NEW YORK (AP) — A new study in two states that compares coronavirus protection from prior infection and vaccination concludes getting the shots is still the safest way to prevent COVID-19.

The study examined infections in New York and California last summer and fall and found people who were both vaccinated and had survived a prior bout of COVID-19 had the most protection.

But unvaccinated people with a past infection were a close second. By fall, when the more contagious delta variant had taken over but boosters weren’t yet widespread, that group had a lower case rate than vaccinated people who had no past infection.

The Centers for Disease Control and Prevention, which released the study Wednesday, noted several caveats to the research. And some outside experts were cautious of the findings and wary of how they might be interpreted.

“The bottom line message is that from symptomatic COVID infection you do generate some immunity,” said immunologist E. John Wherry of the University of Pennsylvania. “But it’s still much safer to get your immunity from vaccination than from infection.”

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Pentagon releases first video of botched Kabul airstrike

WASHINGTON (AP) — The Pentagon has declassified and publicly released video footage of a U.S. drone strike in Kabul that killed 10 civilians in the final hours of a chaotic American withdrawal that ended a 20-year war in Afghanistan.

The New York Times obtained the footage through a Freedom of Information Act lawsuit against U.S. Central Command, which then posted the imagery to its website. It marks the first public release of video footage of the Aug. 29 strike, which the Pentagon initially defended but later called a tragic mistake.

The videos include about 25 minutes of footage from what the Times reported were two MQ-9 Reaper drones, showing the scene of the strike prior to, during and after a missile struck a civilian car in a courtyard on a residential street. Indistinct images show individuals moving in or near the attack zone.

The military has said it struck what it thought was an extremist with the Islamic State group’s Afghanistan affiliate who might imminently detonate a bomb near the Kabul airport, where a hurried evacuation was still under way. Three days earlier a suicide bombing at the airport had killed 13 U.S. troops and more than 160 Afghans. When it later acknowledged its error in the Aug. 29 drone strike, Central Command said it determined that the man driving the car had nothing to do with the IS group.

The man was Zemari Ahmadi, who worked for Nutrition and Education International, a U.S.-based aid organization.

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What comes next in New York’s investigation of Donald Trump

NEW YORK (AP) — After investigating former President Donald Trump for several years, New York Attorney General Letitia James used a court filing Tuesday to outline much of the evidence her investigators have gathered so far. The legal memo claimed the Republican’s company used “fraudulent or misleading” valuations of its assets while seeking loans and tax breaks.

Here’s what this development could mean for Trump and his namesake company:

IS DONALD TRUMP ACCUSED OF A CRIME?

At this point, he hasn’t been charged with any wrongdoing. New York’s attorney general has yet to decide whether she even wants to file a civil lawsuit.

WHO IS LETITIA JAMES?

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First aid flights leave for Tonga after big volcano eruption

WELLINGTON, New Zealand (AP) — The first flights carrying fresh water and other aid to Tonga were finally able to leave Thursday after the Pacific nation’s main airport runway was cleared of ash left by a huge volcanic eruption.

A C-130 Hercules military transport plane left New Zealand carrying water containers, kits for temporary shelters, generators, hygiene supplies and communications equipment, New Zealand’s Foreign Minister Nanaia Mahuta said.

Australia also sent a C-17 Globemaster transport plane with another to follow that were carrying humanitarian supplies. The flights were all due to arrive in Tonga on Thursday afternoon.

The deliveries will be done with no contact because Tonga is desperate to make sure foreigners don’t bring in the coronavirus. It has not had any outbreaks of COVID-19 and has reported just a single case since the pandemic began.

“The aircraft is expected to be on the ground for up to 90 minutes before returning to New Zealand,” Defense Minister Peeni Henare said.

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NCAA adopts new policy for transgender athletes

INDIANAPOLIS (AP) — The NCAA has adopted a sport-by-sport approach for transgender athletes, bringing the organization in line with the U.S. and International Olympic Committees.

Under the new guidelines, approved by the NCAA Board of Governors on Wednesday, transgender participation for each sport will be determined by the policy for the sport’s national governing body, subject to review and recommendation by an NCAA committee to the Board of Governors.

When there is no national governing body, that sport’s international federation policy would be in place. If there is no international federation policy, previously established IOC policy criteria would take over.

“Approximately 80% of U.S. Olympians are either current or former college athletes,” NCAA President Mark Emmert said in a release. “This policy alignment provides consistency and further strengthens the relationship between college sports and the U.S. Olympics.”

The NCAA policy is effective immediately, beginning with the 2022 winter championships.

The Associated Press