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[Photo: Emily Morter via Unsplash]

Oddly-Timed Story: White House Counsel McGahn’s Call to FCC’s Ajit Pai

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[NB: Check the byline — it’s Rayne and some of this post is speculative.]

Maybe it’s something; maybe it’s nothing. But with White House Counsel Don McGahn under so much scrutiny this week, the timing of the story about McGahn’s call to the Federal Communications Commission seems odd.

You may recall I wrote recently (item 2) about the proposed merger of Sinclair Broadcast Group and Tribune Media, a deal which would have created a behemoth reaching at least 72% of U.S. households via local broadcast TV stations. FCC chair Ajit Pai revealed in testimony before the Senate Commerce Committee on Thursday this past week that McGahn had called him about the Sinclair Broadcast Group-Tribune Media merger.

Let’s look at the timeline of events related to this deal:

22-JAN-2017 — Ajit Pai named FCC chair on Trump’s second full day in office.
7-MAR-2017 — Trump nominates Ajit Pai to a second five-year term with the FCC as its chair.

Trump and Pai met at the White House on Monday for a meeting that was closed to the press, although an FCC official said that no pending business before the agency was discussed.

17-MAR-2017 — Rumors surfaced about a Sinclair-Tribune merger.
8-MAY-2017 — Sinclair announced it would buy Tribune; assets would include WGN (Chicago) and WMIL (Milwaukee) radio stations. Tribune newspapers were not included in the deal.
2-OCT-2017 — Senate confirms Pai as FCC chair.
24-OCT-2017 — FCC killed a rule requiring broadcasters to have physical offices in their primary local coverage area. The move was seen as beneficial to Sinclair’s merger as they would not have to change office locations.

16-JUL-2018 — Pai expressed concerns about the merger deal, drafting a Hearing Designated Order (HDO) to place the merger before an administrative judge.
17-JUL-2018 — McGahn called Pai for an update on the Sinclair-Tribune merger.
18-JUL-2018 — FCC signs and issues the HDO.
18-JUL-2018 — House Subcommittee on Communications and Technology announced an FCC oversight hearing for 25-JUL-2018.
24-JUL-2018 — Trump tweets about his disappointment with FCC about the Sinclair-Tribune deal:

So sad and unfair that the FCC wouldn’t approve the Sinclair Broadcast merger with Tribune. This would have been a great and much needed Conservative voice for and of the People. Liberal Fake News NBC and Comcast gets approved, much bigger, but not Sinclair. Disgraceful!

25-JUL-2018 — During House Energy and Commerce Committee FCC oversight hearing, Chairman Frank Pallone asked Pai, “If the President or anyone in the White House discusses or has discussed the Sinclair-Tribune merger with you or anyone at the FCC, will you commit to disclosing that in the public docket? Yes or no?” Pai responded, “Yes, except, Congressman, we have ex parte rules, because this is now a restricted proceeding. We are limited in what information we can receive and what we can put on the record. But consistent with our restricted ex parte rules, we would be happy to accommodate to the extent we can.” (video excerpt)
02-AUG-2018 — Pai did not mention the call from McGahn during an FCC press conference.
09-AUG-2018 — Tribune, not Sinclair, terminated the deal.
16-AUG-2018 — Pai appears before the Senate Commerce, Science and Transportation Committee, disclosing McGahn’s call.
18-AUG-2018 — NYT publishes the first of two pieces on McGahn.
19-AUG-2018 — NYT publishes the second of two pieces on McGahn.
20-AUG-2018 — House Energy and Commerce Committee Chairman Pallone Jr. said McGahn’s call to Pai should have been disclosed the previous week during a hearing before the Senate Commerce, Science and Transportation Committee hearing the previous week. Pallone wants answers about that call.

A couple things stand out immediately. First, Pai parsed responses to the House Energy and Commerce Committee and the Senate Commerce Committee. He was already on thin ice because of his claim a DDoS swamped public comments related to net neutrality but the FCC’s inspector general found Pai to be less than honest about the DDoS.

Second, the story about McGahn calling Pai was published on Thursday afternoon, approaching an advanced news dump zone during August. Why did NYT run not one but two stories about McGahn over the weekend? Why didn’t they wait until Monday? It’s as if somebody realized they needed to get a story out in spite of late summer weekend doldrums.

In this past weekend’s hullabaloo about McGahn’s “cooperation” with Special Counsel’s Office, there was a concerted effort to portray McGahn as serving and protecting the presidency, not Trump. As White House Counsel this is McGahn’s job but the obvious effort to distance McGahn from Trump should be noted.

Which makes me wonder: why did McGahn as White House Counsel, responsible for protecting the presidency, need an update from the chair of the independent FCC on a media merger? Why wouldn’t Commerce Department address this if Trump was curious? Or why wouldn’t Trump act like an ass and bumble a demand for information directly over Twitter as he has before with companies like Boeing?

As Marcy has pointed out, McGahn has extensive background in campaign finance; he was the Trump campaign’s counsel during the 2016 election season. Coincidentally he was counsel when David Smith, CEO of Sinclair Broadcasting Group, told Trump, “We are here to deliver your message.”

Sounds like an offer of an unreported in-kind campaign donation to me since there are no reports that Smith or anyone at Sinclair made a similar offer to any other GOP primary candidate or to Hillary Clinton. Sinclair vigorously denied they hadn’t offered equal time when Sinclair’s offer to Trump was reported:

. . .there was a flap when Trump advisor Jared Kushner told a private business luncheon in December that Sinclair executives worked with the campaign to spread pro-Trump messages in Sinclair newscasts, which reach 81 markets in key heartland regions that supported Trump. Sinclair vehemently denied the claim, asserting that it offered equal amounts of air time for in-depth interviews to Trump and his Democratic rival, Hillary Clinton, and that Clinton declined the invitation.

Did McGahn know about and approve this offer?

Pai’s squirrelly behavior about Sinclair-Tribune as well as McGahn’s sudden distancing from Trump cast a different light on David Smith’s so-helpful offer and Sinclair’s mandatory group-wide airing of former White House communications aide Boris Epshteyn’s program — the same Epshteyn who has a history of pro-Russian sentiment. Add these couple line items to the timeline:

25-MAR-2017 — Epshteyn left his role as Special Assistant to The President and Assistant Communications Director for Surrogate Operations, having previously served in Trump campaign communications and as director of communications for Trump inauguration committee.
17-APR-2017 — Sinclair announced Epshteyn joined them as a political analyst.

Conveniently after the rumors emerged about the Sinclair-Tribune merger but before it was formally announced — what a coincidence.

It doesn’t appear Epshteyn was replaced in the White House. Was Epshteyn placed with Sinclair at Trump’s request — not because of Epshteyn’s rumored confrontational approach to Fox News — after having been parked with the White House for two months post-inauguration for the purposes of resume padding?

Is Epshteyn really an independent political analyst or is he still shilling for Trump as an under-cover communications aide on Sinclair’s dime — gaslighting America for Trump’s benefit — given David Smith’s eagerness to deliver Trump’s message? Is Epshteyn really doing advance work for Trump 2020 campaign?

Is this the reason why Sinclair issued a diktat to all its 173 stations that they must read on air a statement about other media outlets’ “fake news,” in order to elevate their content, including Epshteyn’s by contrast, engaging in what NPR’s David Folkenflik called “negative campaigning”?

Is this the reason why Ajit Pai didn’t disclose the call from McGahn and attempted to obstruct access to information about the call behind an HDO that McGahn called not on behalf of the president but on behalf of the Trump 2020 campaign?

Did McGahn help push the two back-to-back NYT articles this weekend to wallpaper over what may have been a Hatch Act violation — using his role as White House Counsel to reach Ajit Pai and press for approval of the Sinclair-Tribune merger to benefit Trump 2020?

Reaching at least 72% of American households from now until Election Day 2020, to push anti-Democratic Party content while collecting data on viewers and shaping voter turnout, might have been adequate motivation to do so if one were working for the Trump campaign — not to mention  McGahn’s legal exposure.

It’d be nice if one of the Congressional committees conducting oversight of the FCC asked Pai more pointed questions about that phone call.

It’d be nice, too, if somebody asked any of the 2016 GOP primary candidates or Hillary Clinton’s campaign team if they received the same offer from Sinclair’s Smith extended to Trump or his proxies (hello, Jared).

And there’s more than one David helming a media empire who needs to answer some questions about their friend Trump.

Three Things: Still Active Measures

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[Note the byline. This post contains some speculative content. / ~Rayne]

Whether counter-arguments or conspiracy theories, it’s interesting how certain narratives are pushed when tensions rise. But are they really theories or conditioning? And if conditioning, could other media infrastructure changes create more successful conditioning?

~ 3 ~

In an interview with Fox News post-Helsinki summit, Vladmir Putin made a point of blaming the Democratic Party for “manipulations of their party.”

…“The idea was about hacking an email account of a Democratic candidate. Was it some rigging of facts? Was it some forgery of facts? That’s the important thing that I am trying to — point that I’m trying to make. Was this — any false information planted? No. It wasn’t.”

The hackers, he said, entered “a certain email account and there was information about manipulations conducted within the Democratic Party to incline the process in favor of one candidate.” …

Have to give Putin props for sticking with a game plan — increase friction within the American left and fragment Democratic Party support to the benefit of Trump and the Republican Party at the polls and ultimately Putin himself if sanctions are lifted. Christopher Steele indicated in the Trump-Russia dossier that the Kremlin was using active measures to this effect in 2016 to widen the divide between Sanders and Clinton supporters; apparently left-splitting active measures continue.

But this is only part of an attack on the Democratic Party; another narrative undermines both the DNC and the FBI by questioning the investigation into the DNC’s hacking. Why didn’t the FBI take possession of the server itself rather than settle for an image of the system? A key technical reason is that any RAM-resident malware used by hackers will disappear into the ether if the machine is turned off; other digital footprints found only in RAM memory would likewise disappear. “The server” isn’t one machine with a single hard drive, either, but 140 devices — some of which were cloud-based. Not exactly something the FBI can power down and take back to a forensic lab with ease, especially during the hottest part of a campaign season.

But these points are never effectively made as a counter narrative, though some have tried with explainers, and certainly not featured in broadcast or cable news programs. The doubt is left to hang in the public’s consciousness, conditioning them to question FBI’s competence and the validity of their investigative work.

If Putin is still using active measures to divide Democratic Party voters, is it possible this narrative about the hacked DNC server is also an ongoing active measure? What if the active measure isn’t meant to undermine the FBI by questioning its actions? What if instead the lingering doubt is intended to shape future investigations into hacked materials which may also rely on server images rather than physical possession of the hardware? What if this active measure is pre-crime, intended to tamper with future evidence collection?

~ 2 ~

I’d begun drafting this post more than a week ago, but came to a halt when FCC chair Ajit Pai did something surprisingly uncorrupt by putting the brakes on the Sinclair-Tribune merger.

Sinclair Broadcast Group is a propaganda outlet masquerading as a broadcast media company. The mandatory airing of Boris Epsteyn’s program across all Sinclair stations offers evidence of Sinclair’s true raison d’etre; Epsteyn is a Russian-born former GOP political strategist who has been responsible for messaging in both the McCain-Palin campaign and the Trump administration, including the egregious 2017 Holocaust Remembrance Day statement which omitted any mention of Jews. The mandatory statement Sinclair management forced its TV stations to air earlier this year about “fake news” is yet another. The forced ubiquity and uniformity of messaging is a new element at Sinclair, which already had a history of right-wing messaging including the attempt to run a Kerry-bashing political movie to “swiftboat” the candidate just before the 2004 elections.

Sinclair and Tribune Media announced a proposed acquisition deal last May. If approved, the completed acquisition would give Sinclair access to 72% of U.S. homes — an insanely large percentage of the local broadcast TV market effectively creating a monopoly. There was bipartisan Congressional pushback about this deal because of this perceived potential monopoly.

FCC’s Ajit Pai wanted to relax regulations covering UHF stations — they would be counted as less than a full VHF station and therefore appear to reduce ownership of marketshare. Democrats protested this move as it offered Sinclair unfavorable advantage when evaluating stations it would acquire or be forced to sell during its Tribune acquisition.

Fortunately, Pai had “serious concerns” about the Sinclair-Tribune deal:

We have no idea to which administrative judge this deal may be handed, let alone their sentiments on media consolidation. We don’t know if this judge might be Trump-friendly and rule in favor of Sinclair, taking this horror off Ajit Pai’s back — which might be the real reason Pai punted after his egregious handling of net neutrality and the pummeling he’s received for it, including the hacking of the FCC’s comments leading up to his decision to end Obama-era net neutrality regulations and subsequent “misleading” statements to the media about the hack. New York State is currently investigating misuse of NY residents’ identities in the hack; one might wonder if Pai is worried about any personal exposure arising from this investigation.

BUT WAIT…the reason I started this post began not in New York but in the UK, after reading that Remain turnout may have been suppressed by news reports about “travel chaos,” bad weather, and long lines at the polls. Had the traditional media played a role in shaping turnout with its reporting?

I went looking for similar reports in the U.S. — and yes, news reports of long lines may have discouraged hundreds of thousands of voters in Florida in 2012. This wasn’t the only location with such reports in the U.S. during the last three general elections; minority voters are also far more likely to experience these waits than voters in majority white areas.

Probabilistic reports about a candidate’s win/loss may also suppress turnout, according to a Pew Research study.

Think about low-income voters who can’t afford cable TV or broadband internet, or live in a rural location where cable TV and broadband internet isn’t available. What news source are they likely to rely upon for news about candidates and voting, especially local polling places?

Hello, local broadcast network television station.

Imagine how voter turnout could be manipulated with reports of long lines and not-quite-accurate probabilistic reports about candidates and initiatives.

Imagine how a nationwide vote could be manipulated by a mandatory company-wide series of reports across a system of broadcast TV stations accessing 72% of U.S. homes.

How else might a media company with monopolistic access to American households condition the public’s response to issues?

~ 1 ~

There was all kinds of hullabaloo about the intersection of retiring Justice Anthony Kennedy, his son Justin, and Justin’s employment at Deutsche Bank at the same time DB extended financing to Donald Trump. It looks bad on the face of it.

And of course one prominent defense-cum-fact-check portrays Justin’s relationship to DB’s loans to Trump as merely administrative:

The extent to which Kennedy worked with Trump on this loan, or possibly on other Deutsche Bank matters, is unclear. “In that role, as the trader, he would have no contact with Trump … unless Eric [Schwartz] was trying to get Justin in front of Trump for schmoozing reasons,” Offit said, adding that he had recently spoken with former colleagues at the bank about Kennedy’s work.

Seems odd there has been little note made of Jared Kushner’s relationship with LNR Partners LLC — a company which Manta says has only 17 employees — and its subsidiary LNR Property which financed the Kushner 666 Fifth Avenue property in 2012. There was a report in Medium and another on DailyKos but little note made in mainstream news media.

I’m sure it’s just a coincidence that along with his business partner, Justin Kennedy was named 26th on the 50 Most Important People in Commercial Real Estate Finance in 2013 by the Commercial Observer — a publication of Observer Media, then owned by Jared Kushner.

I wonder what Justin’s rank was on this list while he worked at Deutsche Bank (also with current business partner Toby Cobb).

How odd this deal and the relationship wasn’t defended. I guess it’s just coincidence all the amphibians and reptiles know each other well in the swamp.

~ 0 ~

Let’s not forget:

587 Puerto Rican homes still don’t have electricity.

All asylum seeking families haven’t been reunited. Children may still be in danger due to poor care and lack of adequate tracking. As of yesterday only 364 children of more than 2500 torn from their families were reunited.

Treat this as an open thread.

Graphic: Quino Al via Unsplash (mod by Rayne)

Three Things: Take Action on Tax Bill, Net Neutrality, and a Courtroom Virgin

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There’s a lot of crappy stuff going on, but three things need your urgent attention and action: Tax cuts for wealthy, net neutrality, and an unqualified federal judicial appointment.

~ 3 ~

So-called Tax Reform Legislation

Tax cuts for people who don’t need them and won’t even feel them, paid for by the people who can least afford them — it’s a recipe for disaster. If Putin wanted to damage our economy he couldn’t have done a better job in one go. I could rant all day about the stupidity required to believe trickle-down or supply-side economics work, but this wealthy dude does a succinct job. As he says it’s a trickle-down lie; this bill is simply a wealth transfer from the lower deciles to the upper deciles.

You can also bone up by reading this Forbes article, and this Forbes article, and hello, another Forbes article.

This is a nightmare in the making which will tank our economy and literally threaten American lives by reducing access to healthcare. The only real driver behind this bill is extortion — the GOP’s biggest donors have threatened to shut their wallets if they don’t get their tax cuts, and GOP members of Congress are too fucking weak to tell them to pound sand.

Go ahead, selfish billionaires, primary GOP incumbents. You think you can rustle up more sycophantic (and pedophilic) candidates like Roy Moore and still retain control of the House and Senate in 2018, even if you suppress the vote? Hah.

More than half this country struggles to scrape up enough cash to pay for an emergency, like a car repair or a broken appliance, and the GOP thinks increasing their taxes and undermining their health care will magically make the economy better?

And now the kicker: Alaska’s Senator Murkowski, who has been a champion for health care, just agreed to support the repeal of the individual mandate included in this tax bill. The stupid, it burns. Or perhaps it’s some ill-considered kickback burning its way through Murkowski’s cred.

Here’s a script for your use, provided by the ever-helpful @celeste_pewter. Call Congress’ switchboard at (202) 221-3121 or look for your senators’ closest in-state office and leave a message there — all senators are home this week.

~ 2 ~

FCC Chair Ajit Pai’s Blowjob for ISPs

It’s really far more than a blowjob and it’s definitely obscene. Allowing ISPs to discriminate against bits in the pipe by throttling, blocking, or additional charges to further their agenda is absolutely unacceptable. There’s far too much at risk, beginning with the end of moderately priced internet. Some industries will be damaged — filmmakers, for example, already have problems with releasing films across the U.S. over the internet, as users do not have the same quality of network. Streaming providers like Netflix will also experience problems; angry users will blame them for poor service, when it may be the ISP throttling them. Marketplace’s Molly Wood does a pretty good job reviewing the problems with Pai’s proposed changes and the challenges with the existing regulatory framework.

Let’s be frank: your porn will be affected, too, as removing net neutrality means ISPs can audit the content you request and block/throttle/demand more to release it, or strong arm you into using their brand of porn using a combination of price differentiation and delivery constraints.

And then there’s the issue of Pai’s handling of comments on this change, which New York’s AG Eric Schneiderman has been investigating — little cooperation with Schneiderman to date and a decision made based on a manipulated feedback process — all suggest the FCC is taking illegitimate action.

So, so shady. Ajit Pai should never have been approved by this Congress as FCC chair; Congress needs to reign in his overreach by legislating net neutrality. Could the existing FCC regulations be improved? Sure, but Pai’s proposal does nothing of the sort — Congress should address this.

ACLU’s prepared a short-and-sweet script for you use. Use the ACLU’s call routing through their website, or call Congress’ switchboard at(202) 221-3121.

@Celeste_pewter offers more detailed script with a more thorough ask at this link.

Also via miracle worker @celeste_pewter, here’s a script for writing to Ajit Pai at FCC. Please personalize your message — don’t just cut-and-paste. Take a stand.

~ 1 ~

Incredibly Wretched Judicial Nominee Talley

What. The. Fuck? I can’t even begin to explain how awful a nominee Brett Talley is; he should never have been allowed to get this far. Read up on their hideousness here. How can the Senate Judiciary Committee think for a moment that ghost-hunting,White-House-lawyer-married, ABA-‘unqualified’, courtroom-virgin Talley, is well qualified for a lifetime appointment? This is a complete rejection of the Senate’s power to advise and consent.

Call your senators at (202) 221-3121 or their home state offices and ask them to vote NO on Talley, deny their consent. We can and must do better with these lifetime appointments. Need a script? Once again, Celeste is on top of it.

In my opinion, the Senate should refuse to approve any more judiciary nominees before the 2018 election. Talley is the latest of four Trump nominees the ABA found ‘unqualified’. If somebody is drafting articles of impeachment, these nominees should be cited as an example of Trump’s failure to faithfully execute this country’s laws.

~ 0 ~

There’s so much more that’s wrong, like the lack of funding and inadequate labor for Puerto Rico and California wildfire recovery, Puerto Rico’s Medicaid funding, another horribly qualified nominee for U.S. Census, attacks on the DREAM/DACA/SECURE Acts, or the lapse of CHIP putting the health of NINE MILLION AMERICAN CHILDREN at risk. But the three issues listed above are the ones which will have the greatest affect on the largest number of Americans.

If you have Republican legislators, your calls are even more important, though Democratic and Independent legislators do need to hear from you so they can validate their resistance. Call your elected representatives pronto — don’t take this crap without a fight. Get out in front of these turkeys.

This is an open thread. Bring your comments here which are off topic in other threads, thanks.

[graphic: Hurricane Maria, 20SEP2017, via NASA GOES]

Three Things: Was Slow Response to Hurricane Maria Deliberate?

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NB: First, a call to action at the bottom — come back and read this after you’ve read the call. Don’t let last night’s tragedy swamp effective action; Congress continues its work no matter what tragedies befall the rest of us.

Having worked in both site and systems administration with responsibility for business continuity, I can’t help wonder why the post-hurricane response to Puerto Rico’s devastation was so bad — so bad it looks deliberate.

~ 3 ~

As an administrator, I looked ahead a year or more to mitigate both costs and risks to my employer and stakeholders. Budget roof repairs expenses for this year, budget roof replacement capital next year; replace the analog alarm system with digital system, budgeted last year. It’s pretty dull stuff but all it takes is one break-in, or one bad storm, and the losses from damage and business disruption could easily surpass capital and expense budgets combined.

But what of states and territories? State/territory, local and federal governments do what they can within the plodding framework of legislation, regulation, and budgetary requirements and restraints. Sometimes things just can’t be addressed preemptively, like major storms. Fortunately, there’s adequate monitoring to help predict when they will hit and what the likely impact will be, and there’s the awesome power of the largest military in the world to deploy as needed.

We have monitoring like NASA’s GOES satellite imaging, which visually tracked Hurricane Maria from birth to death as a weakened tropical storm.

And NOAA’s Hurricane Center, which makes accurate assessments of timing and strength of a storm’s impact.

Not to mention whatever additional monitoring and reporting the Defense Department had to offer.

We know with certainty the U.S. government was aware from NASA and NOAA reporting that Maria was a Category 5 storm as it approached Puerto Rico. The National Hurricane Center issued 17 reports over four days warning of the storm’s size, strength, and timing of landfall. I can’t imagine government agencies offering any less now than they did under the last administration.

And yet the Trump White House did virtually nothing to prepare for storm response.

You’d think that a guy with experience managing real estate and businesses for continuity would have utilized these best-on-earth notifications to mitigate and recover injury and damage to Puerto Rican Americans and their property. But for some reason this same guy now occupying the White House spent his time harping about NFL players and golfing instead.

~ 2 ~

This tweet thread crossed my timeline last week; I wondered who leaked and why there was so little followup, because the claim it makes is quite serious. (Click to expand the thread in Twitter.)

If this claim is accurate, the Trump White House sat on its tiny mittens and did absolutely nothing to approve a response to a major catastrophe which was expected with a very high degree of certainty to devastate an American territory home to ~3.5 million citizens.

If this happened five days AFTER landfall, was nothing done by the White House BEFORE Maria made landfall?

It’s not as if taking proactive action was difficult, either. I am certain government agencies and the Defense Department were ready to move with plans they’ve had prepared for some time, tweaked for this particular event. All it would take is a simple verbal Yes to proceed.

Or an executive order which we all know this White House can produce like so much facial tissue.

~ 1-a ~

All the monitoring and reporting provided to the White House, from NOAA and NASA to Defense Department, was budgeted and authorized by Congress for the purposes of serving American citizens. The public expects a level of performance for the taxes they pay; monitoring and reporting on weather and risks from weather are but part of their expectations.

American citizens expect and pay for their government to deliver effective and timely response when their domestic tranquility and general welfare are disrupted, whether nation-state or weather- and climate-based threats. They do not expect to be left without clean water, no minimum shelter, no emergency health care, let alone an empty wallet depleted by taxation which paid for common defense they didn’t receive.

Why have Puerto Rican Americans not received the same level of government responsiveness and services their fellow citizens have received post-hurricane Harvey and Irma?

Why can’t we get a straight answer about the White House’s planning in response to Hurricane Maria two to three days after landfall? Is it because the lack of any response is as bad as the lack of preparation — utterly missing, perhaps deliberately so?

At some point this isn’t about the White House and its executive function. It’s about Congress which has failed to ensure the executive knows exactly what is expected of it and what action should be nearly automatic from the executive office.

Oh, but that’s too much legislation, conservatives will say. No — it’s inadequate existing legislation which has incorrectly assumed for too long a competent manager will execute U.S. laws. It’s too many sick, injured, dying, dead Americans in the wake of ineffective governance.

And it’s inadequate action on the part of Congress to tolerate an incompetent executive.

To be concise, more than one branch of government failed Americans.

And those branches now have blood on their hands.

Do something about this before more Americans die. Do more than hold a hearing.

~ 1-b ~

By the way, FEMA’s Brock Long has proven himself an idiot. He should be given the boot.

An under-funded agency could land two rovers successfully on Mars and operate them for years to conduct research, but humanitarian response to a predicted hurricane utilizing the largest standing military on earth is too complicated? Fuck that.

And fuck this guy — I don’t even know who this pasty slack-handed suit is, but he can take his lies and shove them sideways. The storm did NOT cause you and your co-workers to be idiots and liars, boy.

~ 0 ~

Call to Action: Congress continues to work on bills regardless of the tragedy in Las Vegas or the growing catastophic death toll in Puerto Rico. Your efforts helped kill the last ACA repeal attempt formerly known as Graham-Cassidy. These are our next challenges.

CHIP expired at midnight Saturday night. Congress left for the weekend allowing health care funding for 9 million American children to expire. Not much better than President Cheeto going golfing while ignoring Puerto Rico. Call your representatives and demand CHIP funding be addressed immediately. Script for the Wyden-Hatch bipartisan CHIP bill here — note also you may need to call your state officials as well.

Net Neutrality is back on the bubble. FCC chair Ajit Pai has consistently attacked it throughout his brief tenure, sucking up to the telecom industry while ignoring the public’s best interests. Call your representatives and demand net neutrality be assured by voting NO on another five-year term for Pai as chair. Script for your call here. VOTE IS SCHEDULED TODAY — HURRY. Get a leg on this before AT&T persuades the Supreme Court to wade in.

Guns on schedule this week: a bill to approve the sale of gun silencers. Las Vegas’s mass shooting last night should be proof enough that “hearing protection” for shooters is the last thing Congress should worry about. The bill also allows the sale of armor-piercing ammunition. Hell, no. Script for your House rep, and script for your Senators.

A vote to make abortion illegal at 20 weeks on tap tomorrow. No. No freaking way. You may not like abortion, but read this piece — imagine the emotional and physical horror for a woman and her family as she is forced by law to carry a non-viable fetus to term. This decision should be between her, her partner, and her doctor. Make the call.

Congress’ switchboard number is (202) 224-3121. Don’t be like the guy in the White House when you can see action is needed.

Three Things: Not-So-Neutral, Day 2 and Reading

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This house was occupied by outside forces this long holiday weekend, obstructing output. Hope your weekend was similarly occupied by loved ones. Here’s three things for today.

It’s Day 2, Donald
At least 150 Tax March rallies across the country on Saturday reflected the public’s opinion about Trump’s tax returns — he must disclose them. Predictable locations participated, like New York City, but when red state cities and towns like Florida’s West Palm Beach have marches it’s an indicator.

Where are your tax returns, Trump? And don’t give us the “under audit” excuse yet again like you did through Spicer this afternoon. All previous presidents have been automatically audited while in office and still disclosed their returns. Nor are we going to buy your administration’s trash talk about the Tax Marches; we know what’s up with organized white supremacist provokatsiya.

Projection, much?

Net-not-so-Neutral
The big guys in technology — Apple, Facebook, Google, Microsoft, Netflix, Twitter, more — are slowly stirring from their post-inauguration torpor on net neutrality and the threat to their businesses non-neutrality poses. Their industry group, the Internet Association, expressed their concerns last week to the Federal Communications Commission about the FCC Chair Ajit Pai’s intent to kill net neutrality regulations established under the Obama administration.

Kind of slow on the uptake, dudes. Could have seen this coming based on Pai’s anti-neutrality stance when he served as an FCC commissioner. Also could have easily predicted Pai’s position based on the current administration’s drive against regulations.

And Pai’s move to reduce FCC oversight of the internet by shifting it to the Federal Trade Commission is a blowjob gift for the telcos — in spite of the fact more communications travel over the internet, a move to the FTC reduces exposure of communications to existing communications regulations. This does not serve the public’s interest.

There’s an alternate tack members of the Internet Association could take, if a little pricey and radical: they could simply buy the telcos. Google could acquire AT&T which has been a major PITA obstructing competition from Google Fiber. Apple could just buy Verizon for iPhone service and Facebook could snap up CenturyLink. The Internet Association could take on a role as mediator addressing traffic issues between them.

And then let’s see what happens to reducing regulation and net neutrality. Of course this creates an entirely new set of challenges with regard to privacy, but I’d rather move toward regulations to address them under FCC. (And I’d really rather digital morons like Rep. Jim Sensenbrenner (R-WI) had nothing to do with the intersection of privacy and technology when he clearly doesn’t grasp the internet is telecommunications deserving the same privacy as landlines.)

Speaking of acquisitions, there’s speculation Apple could buy Disney which includes ABC and other content subsidiaries like ESPN. Looks like wishful thinking right now on part of analysts, but if FCC’s Pai continues shredding net neutrality, it makes more sense for Apple (and other internet companies) to snap up companies which make content, cutting out carriers or forcing them to pay for Apple’s content.

Longreads
Here’s a few things worth your time during a commute or lunch hour this week:

A look at the end of Gaullism as France approaches its election.

Essay: Friendship as a Civic Democratic Practice — that’s little d democratic here; Ivy Schweitzer asks if we can’t look to our friendships to fix our national political schism. (Me? On a limited basis; I can’t be friends with Nazis.)

Marc Ambinder on U.S. government continuity — worth a read, but I’ve long had a nasty feeling continuity plans were changed because of 9/11 and they’re in a classified executive order if I’m right.

Interesting look at impact of open-source citizen investigations on Russian disinformation — focal point of this analysis is the doomed 2014 Malaysian Air flight MH17.

Those should keep you busy. Day 1 ahead — last day to file income taxes without penalty or file for an extension. Time, tide, and taxes wait for no man, Trump.

Thursday: Science Fair

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In this roundup: Google’s Science Fair, keeping one eye peeled, and odd news.

Featured video here profiles the grand prize winner of Google’s sixth annual science fair. The caliber of work this program yields every year is pretty amazing. I hope Google or its parent Alphabet helps these contestants protect their work from corporate poaching while encouraging them to continue their research. This soil moistener, for example, is something a few companies would like to get their hands on, as orange peels and avocados are surely less expensive than existing superabsorbent polymers (SAPs) currently used as soil moisteners.

What this youngster may not have thought about as she focused on drought-stricken farms, is that SAPs are used in other non-farming products. Diapers in particular use SAPs — and that’s a massive market dwarfing the demand for soil moisteners. Let’s hope this teen’s work does what she wants it to do rather than getting snapped up by mega-corps with other uses for her research.

What I’m watching

Strange/odd news

  • FCC wants search history under your control (Bloomberg) — Big social media firms’ use of your search history is regulated by the FTC. As more telecom/ISPs provide broadband internet services, their access to your search history has not been safe from predatory resale. The FCC wants to protect search history, ensuring it cannot be used by telecom/ISPs and third parties without subscribers’ permission. A vote on this rule is scheduled October 27th. Keep in mind the data from Yahoo’s subscribers is what made it such an appealing buy-out target for telecom Verizon.
  • ‘Fusion’ RNA may not indicate cancer but chimeric tissue (ScienceDaily) — In spite of the way we rely on what we do know, we still don’t know a lot about genetics. This particular study suggests cancer tests relying on detection of ‘fusion’ RNA may not find cancer but chimeric tissue. (This is why I worry about CRISPR technology, but that’s another story.)
  • New study says Tabby’s Star even stranger (Carnegie) — Two researchers from Carnegie Institution and Caltech analyzed data on star KIC 8462852, also known as Tabby’s Star, named for Yale University researcher Tabetha Boyajian. They found the star had indeed dimmed by 14 percent between 1890 and 1989, confirming work by another Louisiana State researcher. The pattern of dimming — slow at first and now rapidly increasing — doesn’t match theories the star has been obstructed by orbiting planets or by a comet swarm. The pattern may support the theory that an advanced life form has built a Dyson sphere to harvest the star’s energy.

Longread: Surprisingly, Max Boot
Boot’s not on my usual list of reads, but this article spells out one of the biggest problems with this election: America is turning into a confederacy of dunces. Having just finished putting my oldest through college and launched my youngest in his freshman year at university, I can agree wholeheartedly that our education system is utterly jacked up. I can tell you from experience that my kids visited state and/or U.S. government three times during their K-12 public schooling, but I know the majority of their cohort did not retain what they learned in a way which will encourage civic understanding and participation. Add a complete lack of statewide and nationwide computer education and our youth are not prepared to make informed decisions about governance using technology to aid their choices. And the GOP, having undermined education for decades with its whining about taxes and spending and teaching to standards, is reaping the harvest of its refusal to do more than the minimum. They’ve insured indoctrination instead of real knowledge. Enjoy your party’s death at Trump’s hands.

¡Ya basta! Hope you are all someplace snug and safe this evening.

Friday: The End of the World

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I wake up in the morning and I wonder
Why ev’rything is the same as it was
I can’t understand, no, I can’t understand
How life goes on the way it does

— excerpt, The End of the World, written by Arthur Kent and Sylvia Dee

Jazz version of this song first released by Skeeter Davis in 1962 performed here by Postmodern Jukebox’s Scott Bradlee and band with Niia’s vocals.

A few people in my timeline have asked over the last several months, “Is this the end of the world, or does it just feel like like it?”

It’s the end of something, that’s for sure.

Z is for Zika

I can’t make this clear enough to Congress: you’re playing with lives here, and it’s going to be ugly. It will affect your families if anyone is of childbearing age. I haven’t seen anything in the material I’ve read to date that says definitively studies are underway to verify transmission from Brazil’s Culex quinquefasciatus to humans. There’s a study on the most common U.S.’ Culex pipiens species which showed weak transmission capabilities, but once it’s proven quinquefasciatus can transmit, it’s just a matter of time before more effective pipiens pick up and transmit the virus, and they may already have done so based on the two cases in Florida. GET OFF YOUR BUTTS AND FUND ADEQUATE RESEARCH PRONTO — or risk paying for it in increased health care and other post-birth aid for decades.

Still Brexin’ it

Clean-up duty

  • Looking for MH370 in all the wrong places — for two years (IBTimes) — Bad suppositions? Or misled? Who knows, but the debris found so far now suggests the plane may have glided across the ocean in its final moments rather than plummeting nose first.
  • Enbridge settles $177 million for 2010 oil pipeline rupture (ICTMN) — Seems light for the largest ever oil spill inside the continental U.S., and their subsequent half-assed attempts to clean up the mess. Check the photo in the story and imagine that happening under the Straits of Mackinac between Lakes Huron and Michigan. How did it take them so long not to know what had happened and where?
  • Broadband companies now have a real competitive threat in Google Fiber (USAToday) — It’s beginning to make a dent in some large markets where Google Fiber’s 1Gb service has already been installed. But it is slow going, don’t expect it in your neighborhood soon. You’re stuck with your existing slowpoke carriers for a while longer.
  • Cable lobby counters FCC pressure on set-top boxes (Ars Technica) — Sure, they’ll yield to the FCC on set-top boxes, but they won’t offer DVR service and each cable provider with 1 million subscribers or more will be responsible for their own apps. Cable lobby claims copyright issues are a concern with the DVR service; is that a faint whiff of MPAA I smell?

Beach-bound longread
Check out this piece in WIRED: David Chang’s Unified Theory of Deliciousness. I’m hungry after reading just a portion of it.

Hasta luego, mi amigas. Catch you Monday if the creek don’t rise.

Wednesday: Dumb Dumb [UPDATE]

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Let’s change the pace today with some K-pop — a little hyper-upbeat Korean pop music influenced by hip hop. You may already be familiar with K-pop if you are familiar with insanely popular tune Gagnam Style by the artist Psy, released in 2012. But K-pop isn’t just male artists like GOT7, Shinhwa, and BIGBANG. There are quite a few all-female groups like Red Velvet featured here, Girls’ Generation, Orange Caramel, and Girls’ Day. Americans may find a retro feel to female K-pop artists’ work, not only in content and performance, but production and presentation. They make hard work look like joy. For all the visual and audio effects, there are simple, unifying messages — love is everything, and girls just want to have fun.

So much that. We could really use some love and some fun.

THREE DAYS
*head-desk* Including today, that’s all the House will spend in session this month. Flint’s 8000 lead-poisoned kids still wait.

Carla Hayden, nominee for Librarian of Congress also waits. Some chickenshit anonymous Republican senator(s) have placed a hold on her confirmation. Why? Because she’s black. Swear to gods the GOP wants to become an irrelevant footnote in history; they certainly won’t win over minority voters this way, and they’re pissing off the publishing industry at the same time. UPDATE 5:00 P.M. EST — HAYDEN CONFIRMED Huh. Wonder what clued in the chickenshit anonymous Republican senator(s) who’d placed her on hold? Whatever, now the GOP can go back to focusing their normal obstructive intransigence on SCOTUS’ nominee Merrick Garland.

Don’t forget about China

Civil rights wronged

  • Cruel and unusual punishment continues on Rikers Island after four extensions granted for reforms (Village Voice) — Youths 18-21-years-old including some who are mentally ill remain locked up in solitary confinement. The glacial pace of reforms is repugnant, maintaining worse than third-world treatment. Fix this horror and quit dragging your feet, New York. You’re making this entire country look bad and worse.
  • Black ex-cop offers detailed analysis of race and policing (Vox) — One key problem is the propensity for 70% of police to cave into pressure from the 15% of cops who are outrageous racists — like the Milgram experiment run amok. Racists should be identified and removed from leadership positions; police departments must have open dialog about social pressure and expectations of ethical behavior in policing.

Breakit

Cyber-oddments

Okay, that’s quite enough self-abuse for one day. It’s downhill from here, see you tomorrow!

Tuesday Morning: Garbage in, Garbage out [UPDATE]

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Why’d I pick this music video, besides the fact I like the tune? Oh, no reason at all other than it’s trash day again.

Speaking of trash…

Facebook furor just frothy foam?
I didn’t add yesterday’s Gizmodo piece on Facebook’s news curation yesterday or the earlier May 3 piece because I thought the work was sketchy. Why?

  • The entire curation system appears to be contractors — Where is a Facebook employee in this process?

    “…News curators aren’t Facebook employees—they’re contractors. One former team member said they received benefits including limited medical insurance, paid time off after 6 months and transit reimbursement, but were otherwise excluded from the culture and perks of working at Facebook. […] When the curators, hired by companies like BCForward and Pro Unlimited (which are then subcontracted through Accenture to provide workers for Facebook), arrive at work each day, they read through a list of trending topics ranked by Facebook’s algorithm from most popular (or most engaged) to least. The curators then determine the news story the terms are related to.

    The news curation team writes headlines for each of the topics, along with a three-sentence summary of the news story it’s pegged to, and choose an image or Facebook video to attach to the topic. The news curator also chooses the “most substantive post” to summarize the topic, usually from a news website. […] News curators also have the power to “deactivate” (or blacklist) a trending topic—a power that those we spoke to exercised on a daily basis. …” (emphasis mine)

    I see a Facebook-generated algorithm, but no direct employees in the process — only curator-contractors.

  • Sources may have a beef with Facebook — This doesn’t sound like a happy work environment, does it?

    “…Over time, the work became increasingly demanding, and Facebook’s trending news team started to look more and more like the worst stereotypes of a digital media content farm.

    […]

    Burnout was rampant. ‘Most of the original team isn’t there anymore,’ said another former news curator. ‘It was a stop-gap for them. Most of the people were straight out of [journalism school]. At least one of them was fired. Most of them quit or were hired by other news outlets.’ …” (emphasis mine)

    It’s not as if unhappy contractors won’t have newsworthy tips, but what about unhappy Facebook employees? Where are they in either of Gizmodo’s pieces?

  • Details in the reporting reveal bias in the complainant(s) — So far I see one reference to a conservative curator, not multiple conservative curators.

    “Facebook workers routinely suppressed news stories of interest to conservative readers from the social network’s influential “trending” news section, according to a former journalist who worked on the project.

    […]

    Other former curators interviewed by Gizmodo denied consciously suppressing conservative news, and we were unable to determine if left-wing news topics or sources were similarly suppressed. The conservative curator described the omissions as a function of his colleagues’ judgements; there is no evidence that Facebook management mandated or was even aware of any political bias at work. …”

    Note the use of “a” in front of “former journalist” and “the” in front of “conservative curator.” (Note also Gizmodo apparently needs a spell check app.)

  • No named sources confirming the validity of the complaints or other facts in Gizmodo’s reporting — Again, where are Facebook employees? What about feedback from any of the companies supplying contractors; did they not hear complaints from contractors they placed? There aren’t any apparent attempts to contact them to find out, let alone anonymous confirmation from these contract companies. There are updates to the piece yesterday afternoon and this morning, including feedback from Vice President of Search at Facebook, Tom Stocky, which had been posted at Facebook. Something about the lack of direct or detailed feedback to Gizmodo seems off.
  • Though named in the first of two articles, Facebook’s managing editor Benjamin Wagner does not appear to have been asked for comment. The May 3 piece quotes an unnamed Facebook spokesperson:

    When asked about the trending news team and its future, a Facebook spokesperson said, “We don’t comment on rumor or speculation. As with all contractors, the trending review team contractors are fairly compensated and receive appropriate benefits.”

I’m disappointed that other news outlets picked up Gizmodo’s work without doing much analysis or followup. Reuters, for example, even parrots the same phrasing Gizmodo used, referring to the news curators as “Facebook workers” and not contract employees or contractors. Because of this ridiculous unquestioning regurgitation by outlets generally better than this, I felt compelled to write about my concerns.

And then there’s Gizmodo itself, which made a point of tweeting its report was trending on Facebook. Does Gizmodo have a beef with Facebook, too? Has it been curated out of Facebook’s news feed? Are these two pieces really about Facebook’s laundering of Gizmodo?

I don’t know; I can’t tell you because I don’t use Facebook. Not going to start now because of Gizmodo’s sketchy reporting on Facebook, of all things.

Miscellany
Just some odd bits read because today is as themeless as yesterday — lots of garbage out there.

Skepticism: I haz it
As I read coverage about news reporting and social media leading up to the general election, I also keep in the back of my mind this Bloomberg report, How to Hack an Election:

As for Sepúlveda, his insight was to understand that voters trusted what they thought were spontaneous expressions of real people on social media more than they did experts on television and in newspapers. […] On the question of whether the U.S. presidential campaign is being tampered with, he is unequivocal. “I’m 100 percent sure it is,” he says.

Be more skeptical. See you tomorrow morning!

UPDATE — 1:30 P.M. EDT —

‏@CNBCnow
JUST IN: Senate Commerce Commtitte chair sends letter to Facebook’s Mark Zuckerberg seeking answers on alleged manipulation of trending news

ARE YOU FUCKING KIDDING ME WITH THIS? THE SENATE GOING TO WASTE TAX DOLLARS ON THIS WHEN EVERY. SINGLE. NEWS. OUTLET. USES EDITORIAL JUDGMENT TO DECIDE WHAT TO COVER AS NEWS?

Cripes, Gizmodo’s poorly sourced hit piece says,

“…In other words, Facebook’s news section operates like a traditional newsroom, reflecting the biases of its workers and the institutional imperatives of the corporation. …”

Yet the Senate is going to pursue this bullshit story after Gizmodo relied on ONE conservative curator-contractor — and their story actually says an algorithm is used?

Jeebus. Yet the Senate will ignore Sheldon Adelson’s acquisition of the biggest newspaper in Las Vegas in a possible attempt to denigrate local judges?

I can’t with this.

UPDATE — 3:35 P.M. EDT —
The Guardian reports the senator wasting our tax dollars questioning a First Amendment exercise by Facebook is John Thune. Hey! Guess who’s running for re-election as South Dakota’s senior senator? Why it’s John Thune! Nothing like using your political office as a free press-generating tool to augment your campaign. I hope Facebook’s algorithm suppresses this manufactured non-news crap.

Tuesday Morning: Monitor

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Y me lamento por no estar alla
Y hoy te miento para estar solos tu y yo
Y la distancia le gano al amor
Solo te veo en el monitor

— excerpt, Monitor by Volovan

Sweet little tune, easy to enjoy even if you don’t speak Spanish.

Speaking of monitor…

Flint Water Crisis: Michigan State Police monitoring social media
Creeptastic. MSP is following social media communications related to Flint water crisis, which means they’re watching this blog and contributors’ tweets for any remarks made about Flint. Whatever did they do in the day before social media when the public was unhappy about government malfeasance?

MDEQ personnel told Flint city water employee to omit tests with high lead readings
The charges filed last week against two Michigan Department of Environmental Quality and a Flint city employee were related to the manipulation and falsification of lead level tests. From out here it looks like Mike Glasgow did what the MDEQ told him to do; with the city under the control of the state, it’s not clear how Glasgow could have done anything else but do what the state ordered him to do. Which governmental body had higher authority under emergency management — the city’s water department, or the MDEQ? And what happens when personnel at the MDEQ aren’t on the same page about testing methodology?

MDHHS too worried about Ebola to note Legionnaire’s deaths in 2014-2015?
Michigan’s Department of Health and Human Services director Nick Lyons maintains a “breakdown in internal communication” kept information about the Legionnaire’s disease outbreak from reaching him. He also said MDHHS was focused on Ebola because of its high mortality rate overseas. There were a total of 11 cases of Ebola in the U.S. between 2014 and 2015, none of which were diagnosed or treated in Michigan. Meanwhile, 10 people died of Legionnaire’s due to exposure to contaminated Flint water in that same time frame. Not certain how MDHHS will respond to an imported biological crisis when it can’t respond appropriately to a local one created by the state.

Other miscellaneous monitoring

  • Charter Communications and Time Warner tie-up approved, with caveat (Reuters) — Charter can’t tell content providers like HBO they can’t sell their content over the internet – that’s one of a few exceptions FCC placed on the deal. I think this is just insane; the public isn’t seeing cheaper broadband or cable content in spite of allowing ISPs to optimize economies of scale. Between Charter/TWC and Comcast, they’ll have 70% of all broadband connections in the U.S.
  • Mitsubishi Motors fudged its fuel economy numbers for last 25 years (AP) — This investigation is exactly what should happen across EU, because EU-based manufacturers have done this for just as long or longer. And the EU knows this, turns a blind eye to the tricks automakers use to inflate fuel economy ratings.
  • Goldman Sachs has a brand new gig: internet-based banking (Fortune) — This is the fruit of GS’ acquisition of General Electric’s former financial arm. Hmm.
  • BAE Systems has a nice graphic outlining the SWIFT hack via Bangladesh’s central bank (BAE) — Makes it easy to explain to Grampa how somebody carted off nearly a billion dollars.

Toodledy-doo, Tuesday. See you tomorrow morning!