Month: June 2018

A Twist in the Russia Investigation

It appears that both the prosecution and defense have filed motions to exclude Manafort’s time as Trump’s campaign chairman from the trial:

The former Trump campaign chairman Paul Manafort and special counsel Robert Mueller have finally found something they can agree on.

Mueller‘s prosecutors and Manafort‘s defense team filed separate motions with a federal court in Alexandria, Virginia, on Friday asking to block lawyers at an upcoming trial for the longtime lobbyist and political consultant from mentioning his stint at the helm of the Trump campaign in 2016.

The requests came in court filings spurred by Manafort‘s looming trial next month on charges of tax evasion, bank fraud and failing to report overseas bank accounts.

Mueller’s team went first, asking U.S. District Court Judge T.S. Ellis to prevent Manafort‘s defense from arguing to jurors that he was targeted for prosecution because of his role in Donald Trump’s presidential bid.

………

Manafort‘s defense followed up a short time later with an even broader motion asking to bar any discussion at all of the defendant‘s role in the Trump campaign, as well as all mention of Mueller‘s mandate to investigate potential collaboration between Trump‘s team and Russia. “Evidence or argument relating to Mr. Manafort‘s work for then-candidate Trump’s campaign in 2016 or the Special Counsel’s investigation of the campaign’s alleged collusion with the Russian government is wholly irrelevant to whether Mr. Manafort’s personal income tax returns were false, whether he willfully failed to file reports of foreign accounts, and whether he conspired to commit, or committed, bank fraud,“ Manafort‘s attorneys wrote.

The defense lawyers’ motion also evinced concern that their client could become the victim of anti-Trump bias among potential jurors.

Basically, the case comes down to Manafort being a corrupt son of a bitch, though one wonders how he is really different from any of the other international lobbyists in Washington, DC.

The other twist is that The Nation magazine just published an article debunking the whole “Russiagate” thing.

I find it interesting because The Nation is the last place where I would expect to find such an article.

I’m still guessing that it will be the coverup, and not the underlying crime, that will end up having real repercussions.

The “Internet of Things” Enables Domestic Abusers

This is really not a surprise.

Any technology has a potential of for misuse, and internet enabled home devices have among the worst security of any tech out there, but still the stories abusers using connected devices are pretty disturbing:

The people who called into the help hotlines and domestic violence shelters said they felt as if they were going crazy.

One woman had turned on her air-conditioner, but said it then switched off without her touching it. Another said the code numbers of the digital lock at her front door changed every day and she could not figure out why. Still another told an abuse help line that she kept hearing the doorbell ring, but no one was there.

Their stories are part of a new pattern of behavior in domestic abuse cases tied to the rise of smart home technology. Internet-connected locks, speakers, thermostats, lights and cameras that have been marketed as the newest conveniences are now also being used as a means for harassment, monitoring, revenge and control.

In more than 30 interviews with The New York Times, domestic abuse victims, their lawyers, shelter workers and emergency responders described how the technology was becoming an alarming new tool. Abusers — using apps on their smartphones, which are connected to the internet-enabled devices — would remotely control everyday objects in the home, sometimes to watch and listen, other times to scare or show power. Even after a partner had left the home, the devices often stayed and continued to be used to intimidate and confuse.

………

Graciela Rodriguez, who runs a 30-bed emergency shelter at the Center for Domestic Peace in San Rafael, Calif., said some people had recently come in with tales of “the crazy-making things” like thermostats suddenly kicking up to 100 degrees or smart speakers turning on blasting music.

“They feel like they’re losing control of their home,” she said. “After they spend a few days here, they realize they were being abused.”

………

One of the women, a doctor in Silicon Valley, said her husband, an engineer, “controls the thermostat. He controls the lights. He controls the music.” She said, “Abusive relationships are about power and control, and he uses technology.”

This is really kind of horrifying.

Support Your Fighting Men

The Trump administration feared it would be a “public relations nightmare”: a major federal study that concluded contaminated groundwater across the country, especially near military bases, was more toxic than the government realized. Political aides to President Donald Trump and Environmental Protection Agency head Scott Pruitt pressured the Agency for Toxic Substances and Disease Registry against releasing the results.

“The public, media, and Congressional reaction to these numbers is going to be huge,” an unidentified White House aide wrote, according to Politico. “The impact to EPA and [the Defense Department] is going to be extremely painful. We cannot seem to get ATSDR to realize the potential public relations nightmare this is going to be.” The study was not released.

That is, until Wednesday. Amid a media firestorm about the administration’s immigration policy, the ATSDR—a division of the Department of Health and Human Services—quietly published its 852-page review of perfluoroalkyls, or PFAS, which are “used in everything from carpets and frying pan coatings to military firefighting foams,” according to ProPublica. “All told, the report offers the most comprehensive gathering of information on the effects of these chemicals today, and suggests they’re far more dangerous than previously thought.”

These chemical compounds pose health risks to millions of Americans. They’re in roughly 1 percent of the nation’s public water supply, according to the EPA; in roughly 1,500 drinking water systems across the country, according to the Environmental Working Group. People who drink from these systems, even if their exposure to PFAS is low, now have a potentially increased risk of cancer; of disruptions in hormones and the immune system; and of complications with fetal development during pregnancy.

But military personnel and veterans are particularly at risk, because PFAS compounds are in firefighting foams, which have been used in training exercises at military bases across America since the 1970s. Those foams have leached into the groundwater at the military facilities, and often the drinking water supply. Nearly three million Americans get their drinking water from Department of Defense systems.

The DOD has reported widespread contamination at its bases and posts, as well as their surrounding areas. In a March report to the House Armed Services Committee, the department provided a list of 126 military facilities where nearby water supplies contained PFAS levels above the EPA’s standard, and 36 bases with drinking water contamination on site. “In all, 25 Army bases; 50 Air Force bases, 49 Navy or Marine Corps bases and two Defense Logistics Agency sites have tested at higher than acceptable levels for the compounds in either their drinking water or groundwater sources,” the Military Times reported.

This is amazingly f%$#ed up.

We Are Completely Screwed

In addition to increasing ice melt, it not turns out that anthropogenic climate change is resulting in major uprising of bedrock in Antarctica, which will further accelerate sea level rise.

Ice melts, the weight on the underlying ground is reduced, and the land springs up.

I rather imagine that will see something similar in Greenland

Rinse, lather, repeat:

The earth is rising in one part of Antarctica at one of the fastest rates ever recorded, as ice rapidly disappears and weight is lifted off the bedrock, a new international study has found.

The findings, reported in the journal Science, have surprising and positive implications for the survival of the West Antarctic Ice Sheet (WAIS), which scientists had previously thought could be doomed because of the effects of climate change.

The unexpectedly fast rate of the rising earth may markedly increase the stability of the ice sheet against catastrophic collapse due to ice loss, scientists say.

Moreover, the rapid rise of the earth in this area also affects gravity measurements, which implies that up to 10 percent more ice has disappeared in this part of Antarctica than previously assumed.

Researchers led by scientists at The Ohio State University used a series of six GPS stations (part of the POLENET-ANET array) attached to bedrock around the Amundsen Sea Embayment to measure its rise in response to thinning ice.

The “uplift rate” was measured at up to 41 millimeters (1.6 inches) a year, said Terry Wilson, one of the leaders of the study and a professor emeritus of earth sciences at Ohio State.

In contrast, places like Iceland and Alaska, which have what are considered rapid uplift rates, generally are measured rising 20 to 30 millimeters a year.

“The rate of uplift we found is unusual and very surprising. It’s a game changer,” Wilson said.

And it is only going to get faster. The researchers estimate that in 100 years, uplift rates at the GPS sites will be 2.5 to 3.5 times more rapid than currently observed.

We need to take action now, because otherwise, beach front property in Florida will be in Alabama.

A Good Day at the Supreme Court

They ruled that cops do need a warrant to track you via your cell phone:

Over 40 years ago, the Supreme Court outlined what has come to be known as the “third-party doctrine” – the idea that the Fourth Amendment does not protect records or information that someone voluntarily shares with someone or something else. Today the Supreme Court ruled that, despite this doctrine, police will generally need to get a warrant to obtain cell-site location information, a record of the cell towers (or other sites) with which a cellphone connected. In an opinion by Chief Justice John Roberts, the five-justice majority pointed to “seismic shifts in digital technology,” which have allowed wireless carriers to collect “deeply revealing” information about cellphone owners that should be protected by the Constitution. Roberts characterized the ruling as a narrow one; indeed, the majority at least left open the prospect that police might not need a warrant to get information about where someone was on the day that a crime was committed. But the decision still drew sharp criticism from the dissenting justices, who complained that it is likely to imperil, in the words of Justice Samuel Alito, “many legitimate and valuable investigative practices on which law enforcement has rightfully come to rely.”

Justice Alito, just because law enforcement likes being sloppy and lazy does not justify continual and meticulous invasion of privacy.

The name for a society that allows police to act that way is a police state.

More Defense Contractor Butthurt

I think that there are any number of good reasons, most of them having to do with Erdoğan increasingly erratic and autocratic rule, not to have Turkey deeply involved in the F-35 program.

That being said, the current defense contractor driven hysteria over Turkey buying the S-400 SAM system from Russia is not one of those reasons:

The most sophisticated fighter jet in the world, the F-35 Joint Strike Fighter, will play a smaller role in the future of European security than originally conceived. On Monday, the Senate amended its version of the 2019 defense authorization act to block the sale of the fifth-generation fighter jet to Turkey. The reason: the NATO ally’s purchase of the Russian S-400, a radar and missile battery with a lethal range of 250 km. In routine operation, the sensor- and transmitter-packed jet exchanges electronic data with friendly anti-air systems and sensors, and if Turkey were to do this, data collected by the Russian-built weapon might find its way back to Moscow.

The House version of the bill also expresses concerns about the S-400 and Turkey and requires a report 60 days after the bill’s enactment to assess Turkey’s purchase of the system and possible consequences to U.S. aircraft.

Turkey inked the S-400 deal last year, over strenuous objections from the U.S. and other NATO-member governments concerned about an ally using Russian air defense systems. “A NATO-interoperable missile defense system remains the best option to defend Turkey from the full range of threats in the region,” Pentagon spokesperson Johnny Michael told CNBC last fall.

Turkey’s Prime Minister Binali Yildirim called Monday’s decision “lamentable.” It’s also very inconvenient for Turkey’s political elite, coming just days before Turkish elections.

The U.S. military has gotten up close and personal with the S-400 over Syria, where the Russian military has deployed to aid the Assad regime. Its deadly presence reshaped how the U.S.-led coalition flies air ops, Lt. Gen. Jeffrey Harrigan told reporters in September. “‘We are consistently monitoring them to see if something changes their intent because we have to manage that and respond quickly…We look at it every day. It’s an everyday discussion to make sure our force can manage that risk.”

The S-400 is arguably the best SAM system currently deployed, and as noted above, it scares the crap out of the US military.

Its detection range, which almost certainly exceeds 500 km, means that installations in Kaliningrad will be getting all the data that the Russians could ever want on the F-35.

It would cover all of Poland and the Baltics, going as far west as Berlin and Copenhagen, and that doesn’t include coverage from installations in Belarus.

This is about defense contractors not getting their vigorish from a NATO ally, nothing more.

Closing the Barn Door after the Psychopath Has Left the Barn

So, after leveraging many direct and indirect subsidies, and his complete lack of ethics, Jeff Bezos now owns most of the world.

One of the biggest subsidies was the fact that Amazon did not have to collect state sales taxes, based on a a 1992 Supreme Court ruling.

The Supreme Court has now reversed this ruling, meaning that online vendors will have to collect state sales taxes:

Justice Anthony Kennedy had essentially invited a test case to overrule Quill Corp. v. North Dakota and its physical-nexus rule for the states being able to require out-of-state retailers to collect sales tax. So it was not a huge surprise that Kennedy had the opinion for the court today in South Dakota v. Wayfair.

Except, of course, that the oral argument in the case in April had left many observers wondering whether the court could get to a majority willing to overrule the 1992 Quill decision and its 1967 predecessor, National Bellas Hess Inc. v. Illinois Department of Revenue.

“In effect, Quill has come to serve as a judicially created tax shelter for businesses that decide to limit their physical presence and still sell their goods and services to a state’s consumers—something that has become easier and more prevalent as technology has advanced,” Kennedy wrote. “This Court should not prevent states from collecting lawful taxes through a physical presence rule that can be satisfied only if there is an employee or a building in the state.”

In an unusual voting lineup, the court did reach such a majority, and Kennedy announced that the physical-presence rule was unsound and incorrect, and that Quill and Bellas Hess were overruled.

It would have been nice if this had happened a decade ago, before various internet retailers became behemouths.

This is the Most Toxic Twitter Discussion Thread Ever

"White Deaths Exceed Births in a Majority of U.S. States" – from @AppliedPopLab https://t.co/XUYilH8APh pic.twitter.com/jAZF8TUgex

— Pew Research Fact Tank (@FactTank) June 20, 2018

This is a fairly unsurprising bit of information, the older populations are cohorts are whiter, and the tail end of the baby-boom is over 50, so it’s not a surprise.

But the comments thread is the most unbelievable racist sh%$-show I have ever seen on Twitter.

Also, you see a bunch of animated GIFs of people eating popcorn.

Click through if you dare.

Canada to Become Major Importer of Fig Newtons

Because they have just legalized recreational marijuana use nationwide.

You might also consider investing in ice cream sammiches:

Canada is to become the second country in the world to fully legalise marijuana, after the senate approved legislation paving the way for recreational cannabis to be legally bought and sold within the next two or three months.

“We’ve just witnessed a very historic vote that ends 90 years of prohibition,” senator Tony Dean told reporters on Tuesday after the vote to pass the Cannabis Act.

“It ends 90 years of needless criminalisation, it ends a prohibition model that inhibited and discouraged public health and community health in favour of just-say-no approaches that simply failed young people miserably.”

The federal government has said it would give provinces and territories – which are responsible for deciding how recreational cannabis will be distributed and sold – eight to 12 weeks after the legislation is passed to get ready for sales, but the exact date that sales begin will be set by the federal government.

Oh, Canada!

So Not a Surprise

Language in a confidential severance agreement Tesla Inc. is using as part of the biggest job cut in its history is likely to deter dismissed employees from going public with worker safety concerns, according to employment-law experts.

A proposed severance agreement Tesla presented to one of the more than 3,000 workers dismissed last week required acknowledgment that the employee “had the opportunity to raise any safety concerns, safety complaints, or whistleblower activities against the company, and that if any safety concerns, safety complaints, or whistleblower activities were raised during your employment, they were addressed to your satisfaction.”

The document obtained and reviewed by Bloomberg News also barred the former worker from sharing “business-related” information; required that the ex-employee assist Tesla’s defense against claims; released any claims made against Tesla; and dictated that any disputes under the agreement will be handled in individual arbitration.

“I do think the agreement will chill valid employee complaints,” said Brishen Rogers, a law professor at Temple University. “A reasonable worker would just keep their mouth shut, rather than risk losing their severance pay.”

………

The document, which would provide the employee about two months of severance pay, includes a clause stating that it doesn’t “in any way limit or prohibit” the employee from cooperating with or filing a charge with a government agency. But the rest of the document makes it less likely that fired workers would actually speak up about issues like safety, or be taken seriously if they did, labor law experts say.

“The implication is, if you went to OSHA and you said, ‘Here’s something new I want to tell you about a safety concern at Tesla,’ and then OSHA asks the company to respond to that allegation, the company is going to say, ‘That employee told us that they raised everything,’” said Sharon Block, the executive director of Harvard University’s Labor and Worklife Program.

The language requiring workers to assist Tesla in legal disputes is also potentially problematic, said David Lopez, the incoming co-dean of Rutgers law school.

Elon Musk likes to represent himself as a messianic figure who will change the world.

I want no part of his vision.

Trump Caves


Returning to an Obama administration policy

Trump blinked, and issued an executive order changing the asylum policy to something marginally less heinous.

Ironically enough, it appears to be very similar to Obama’s 2014 policy:

President Trump caved to enormous political pressure on Wednesday and signed an executive order meant to end the separation of families at the border by detaining parents and children together for an indefinite period.

“We’re going to have strong — very strong — borders, but we are going to keep the families together,” Mr. Trump said as he signed the order in the Oval Office. “I didn’t like the sight or the feeling of families being separated.”
But ending the practice of separating families still faces legal and practical obstacles. A federal judge could refuse to give the Trump administration the authority it wants to hold families in custody for more than 20 days, which is the current limit because of a 1997 court order.
………
The president’s four-page order says that officials will continue to criminally prosecute everyone who crosses the border illegally, but will seek to find or build facilities that can hold families — parents and children together — instead of separating them while their legal cases are considered by the courts.
………

Justice Department officials said the legal authority to end family separation relies on a request they will make in the coming days to Judge Dolly M. Gee of the Federal District Court in Los Angeles, the daughter of immigrants from China who was appointed by President Barack Obama. She oversees a 1997 consent decree, known as the Flores settlement, which prohibits immigration authorities from keeping children in detention, even if they are with their parents, for more than 20 days.

The 1997 case imposes legal constraints on the proper treatment of children in government custody, which stopped Mr. Obama after his administration began detaining families together during a similar flood of illegal immigration several years ago.

“It’s on Judge Gee,” said Gene Hamilton, the counselor to Attorney General Jeff Sessions. “Are we going to be able to detain alien families together or are we not?”

As for those of you who are wondering why I’m bringing up the contemptible policies of the Obama administration, it is because Trump’s even more despicable policies did not spring fully grown out of his head:  They were a logical progression of Obama’s eager embrace of his role as, “Deporter-in-Chief.”

The past is prologue, here, and it is not by accident.

Fundamentally, the issue of illegal immigration is driven to a large demand for low cost labor, and if we were to aggressively target employers, and increase the perceived risk and perceived cost to potential employers, our immigration enforcement system would be both more humane and more effective.

Interesting Insight into the Origins of Trump’s Child Snatching Policy

Ian Welsh has come across how Barack Obama’s truly horrific immigration policies led directly to Trump’s even more contemptible child snatching:

So, you’ve all heard about this by now.

It is, obviously, a terrible crime. And yeah, evil.

It is an extension of Obama’s policy of holding families (without splitting them up, but still in terrible conditions). If you want to understand the link, read this Twitter thread.

Thread: How did we get here?
In 2015, I shook President Obama’s hand, thanked him for DACA, and asked him to reverse course & close the for-profit baby jails (also known as “family detention centers”) he opened in Dilley & Karnes City, Texas. What he said shook me to my core 1/ pic.twitter.com/K5vi6S2RPj

— R. Andrew Free (@ImmCivilRights) June 19, 2018

It is rather telling that (read the whole tweet storm) it is clear from the exchange that putting families in detention was intended as a deterrent by the Obama administration, because they thought that no one but a few immigration lawyers would care.

Sounds familiar.

Trump’s immigration policies are not an abberation, they are a natural progression from prior administrations.

Stupid, but Consider the Alternative

Donald Trump wants a US Space Force be established as a, “Separate but Equal,” 6th branch of the military.

My first though was, “Racism much?”

My second thought was, “This is really stupid.”

My third thought was, “Yes, but it’s still probably going to do more, for less money, than the United States Air Force.”

Personally, I’d like to fold the USAF back under the army and go to 4 (really 3½) services.

Linkage

I do not understand why people are losing their sh%$ over this video:

I Blame the Editors


It’s Called Google

SE Cupp published an OP/ED in the New York Times because ……… I don’t know why really ……… I think that it’s either a rather bizarre form of performance art from the Times editors, or if it’s because they have some sort of affirmative action program for stupid conservatives.

What is interesting about her OP/Ed (no link, for reasons which will become obvious) is that it it prominently features one, “Amy Maurer, a 43-year-old well-educated suburban mom in Kenosha, Wis.,” who were aggressively targeted by the Clinton campaign.

One small thing though, Ms. Maurer is not just a well educated Soccer mom, she is the corresponding secretary for the executive committee of the Republican Party of Kenosha County.

Hilary Clinton’s campaign may have had mind boggling levels of incompetence, but even they weren’t wasting resources going after Republican Party cadres.

Gee, I wonder why Amy was spewing Republican talking points when she was talking to the Heritage Foundation’s Salena Zito, who Cupp sites copiously in article.

The New York Times really needs to hire a fact checker for their editorial page.

H/t Atrios.

SCOTUS Punts on Gerrymanders

The Supreme Court has ruled in incredibly narrow terms not to make a ruling on partisan gerrymanders:

Last summer, Justice Ruth Bader Ginsburg called Gill v. Whitford, a partisan-gerrymandering challenge to the state legislative maps drawn by Wisconsin’s Republican-controlled legislature, one of the most important cases of the term. The court heard oral argument in the case in October; two months later, it agreed to take on Benisek v. Lamone, a partisan-gerrymandering challenge to a single federal congressional district drawn by Democratic officials in Maryland. With those two cases on their docket, there were high hopes that the justices would finally weigh in definitively on challenges to the practice of purposely drawing maps to favor one party at the expense of another – either by holding that courts should steer clear of such claims or by laying out standards for courts to use in evaluating them. But the justices did neither. Instead, they sent the Wisconsin case back to the lower court for a new look at whether the challengers in the case have the legal right to bring their challenge at all; they also declined, while saying nothing about the merits, to disturb a ruling by a federal court in Maryland that left the congressional map in place for the 2018 election.

………

But today’s ruling in the Wisconsin case focused on whether the challengers have a legal right to bring their lawsuit – known as “standing.” The justices unanimously agreed that the challengers had not adequately demonstrated that they do have standing, and the court (although not unanimously) sent the case back to the lower court to allow the challengers to make that showing.

In an opinion by Chief Justice John Roberts, the court explained that the Wisconsin challengers’ claims rest on the argument that their votes have been diluted because the Republican-controlled legislature has either “cracked” Democratic voters (dividing them up among different districts so they don’t form a majority in any) or “packed” them (concentrating them in a few districts in which they form an overwhelming majority). But the harm from vote dilution, the court reasoned, stems from how a particular district has been drawn, which in turn causes a voter’s vote “—having been packed or cracked—to carry less weight than it would carry in another, hypothetical district.” The remedy for that harm, the court continued, does not require the state to redraw the entire map, as the challengers have requested; instead, the state would only need to redraw enough of the districts to fix the cracking or packing in a specific district.

It’s a meticulously narrow ruling which has the effect of supporting the status quo.

I tend to view this with a jaundiced eye.