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Three Things: Non-Nuclear Proliferation

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The entire social media universe has been panicking over Fearless Leader’s whacked-out statement on North Korea at the end of his bigly speech yesterday on opioids. His hyperbole was on par with his decades of hawkishness about nuclear weapons, so both unsurprising while infuriating.

What I want to know: did he say what he did to distract from the Trump-Russia investigation underway, and/or did he say what he did roughly 30 minutes before the stock market closed for somebody’s benefit? I’d love to know who might have been short selling yesterday afternoon and this morning after his recent petulant tweet hyping the stock market’s record highs. Things don’t look good today, either, in spite of calming noises from Secretary of Exxon Tillerson.

[source: Google Finance]

Whatever. Let’s look at some non-nuclear matters.

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The New York Times’ op-ed, Our Broken Economy, trended yesterday morning on Twitter and is still making waves today. It’s a pretty good read with compelling charts, if not very deep. Morons across the internet have misinterpreted what it tells us, which is that income has stagnated or fallen for the majority of the U.S. while the income of the uppermost 1% to .01% has skyrocketed in less than a decade. Loss of leverage in wage negotiations due to union busting and the skyrocketing cost of secondary education have held back the lower 80%.

What has most recently ‘weaponized’ the growth of income, while destroying any illusion of the American dream? In my opinion, three things contributed the most:

— the loss of Glass-Steagall Act and the subsequent unmooring of the financial industry from risk-reducing practices which siloed capital;

— Citizens United, which exacerbated the trend toward regulatory capture;

— the financial crash of 2008 and the subsequent loss of wealth for the lower 80% in terms of savings, investments, and property ownership.

But a fourth, rapidly growing factor is making difference and may also be exploding as an unintended consequence of legislation passed in 2007 requiring a larger percentage of margin on commodities trading. Algorithmic trading, conducted out of sight, skimming from every trade, on stocks rather than on commodities and at inhuman speed and scale, has increased unearned wealth but only for the very wealthiest.

Matt Bruenig says we must confront capital. Yes, but I think the appeal to do so is based in fairness, a universal ethic. A system which distorts pricing by not allocating true and full costs of the commons consumed to products and services  sold is unfair. It is not a ‘free market’ and certainly not a fair when the playing field isn’t level and not every business pays for what it consumes of the commons.

And it’s not fair when businesses deliberately suppress wages below workers’ real cost of living. That’s slavery. We don’t need charts to tell us something is wrong when the prevailing wage won’t provide meager shelter and food.

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The effect of Michigan’s criminal state government on Flint doesn’t remain in Flint. More than 70 new cases of Legionnaires disease have been reported in southeastern Michigan; this time the state’s health authorities have been prompt about reporting them, unlike the shoddy reporting around cases 2-3 years ago directly related to the water in Flint.

I will bet good money many of these new cases have a link to Flint since the water system has still not been completely replaced.

Eclectablog reminds us Flint’s Water Crisis is now at Day 678 and the city has yet to be made whole though Michigan’s Gov. Rick Snyder admitted he knew that Flint’s drinking water was poisoned with lead. There are still Flint residents who cannot drink their tap water without the use of a water filter.

Given the outbreak of Legionnaires disease, I wonder how many more Michiganders may actually sicken and die because of Rick Snyder’s handling of Flint’s financial emergency and the water system.

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You might already have read about the lawsuit filed against Disney for its failure to protect children’s privacy; I know Marcy tweeted about it. More than 40 applications Disney developed and sold collect information without consent about the kids using them, putting them at risk, in violation of the Children’s Online Privacy Protection Act (COPPA).

But here’s what really bugs me about this on top of the privacy problems: Disney not only had a history with violating COPPA; the government went after them in 2011 and 2014 for problems with Playdom and MarvelKids. Disney must have known competitors Mattel and VTech had problems with their network-enabled electronic toys breaching children’s privacy circa November 2015. Why did Disney fail to remediate their 43 applications more than 18 months ago when both Mattel and VTech were under fire?

Disclosure: I own Disney stock. And yes, I’m thinking shareholders should be pissed off about this failure to disclose a material risk in financial reports BEFORE parents filed a lawsuit.

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That’s it for now. See you tomorrow if we haven’t already been fried to a crisp. This is an open thread – treat each other nicely.

Thursday: Repetition

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A little Prince to make the painful repetition a little easier to take.

By repetition I mean what’s happening in Puerto Rico compared to what has already happened in Michigan.

Some of Michigan’s most financially distressed cities were forced to accept emergency managers, supplanting the cities’ democratically elected officials. Under state law, EMs were the sole point of power and authority for administration until the cities were deemed financially viable. We all know how that turned out; in Flint’s case, ten people died from Legionnaire’s disease and roughly 8000 kids will pay for the incompetence of the emergency management scheme for the rest of their lives due to the permanent effects of lead poisoning. The incompetence is further magnified by governmental bodies’ failure to do the right thing to completion, while continuing to milk the city and state of more money to no effect.

Witness the state attorney general Bill Schuette now asking for $3.4 million to investigate what can already be easily seen in records released to date. The assessments made so far have been equally wrong — like Schuette’s office suing two consulting firms when documentation clearly shows outright stupidity in contract management or malfeasance on the part of government was the real problem. And none of Flint’s water problems would have happened had not the city been forced off Detroit’s water by the state treasurer’s office, which rejected a last-minute offer far cheaper than construction of the new Karegnondi water line. Seeing this doesn’t need millions of dollars, only ethics.

Puerto Rico — with a population smaller than Los Angeles in an area a little smaller than Connecticut — is now undergoing a similar loss of democracy for similar reasons of financial distress. The territory is $73 billion in debt caused in no small part by suffocating federal policies. The U.S. Senate just voted to supplant Puerto Rico’s elected officials’ authority with a team of managers. They had too little democracy as it was before this schema, not having the same kind of representation that the fifty states have; many of the financial limitations Puerto Rico faces have been directly related to the territory’s inability to regulate commerce.

The economic hitmen have won. Now the vultures descend.

The galling part is this approach is called PROMESA (Puerto Rico Oversight, Management, and Economic Stability Act) — a promise. Brace yourselves, Puerto Ricans, at least they’ve warned you. Que Dios tenga misericordia porque los buitres no lo hará.

Odd lots
I’ve got a bunch of stray cats and dogs here that didn’t fit under any theme so far this week. In other words, there wasn’t much repetition. Make of them what you will.

Thank goodness tomorrow is Friday and I can indulge in a little jazz. See you then.

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!

Wednesday Morning: Water, Water, Everywhere [UPDATE]

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Day after day, day after day,
We stuck, nor breath nor motion;
As idle as a painted ship
Upon a painted ocean.

Water, water, every where,
And all the boards did shrink;
Water, water, every where,
Nor any drop to drink.

— excerpt, The Rime of the Ancient Mariner by Samuel Taylor Coleridge

Felony and misdemeanor charges are expected today in the Flint water crisis. State Attorney General Bill Schuette will put on a media dog-and-pony show, when it is expected that three persons — two engineers with the Michigan Department of Environmental quality and a Flint water department employee — will be charged for Flint’s lead water levels after the cut-over to Flint River water.

Mind you, the descriptions of these persons do not match that of higher level persons who were responsible for

1) making the final decision to cut Flint off from Detroit’s water system and switching to the Flint river;
2) evaluating work performed by consulting firms about the viability of Flint River as a water source, or about reporting on lead levels after the cut-over;
3) ensuring the public knew on a timely basis the water was contaminated once it was already known to government officials;
4) lack of urgency in responding to a dramatic uptick in Legionnaire’s disease, or the blood lead levels in children.

Just for starters. Reading the Flint water crisis timeline (and yes, it needs updating), it’s obvious negligence goes all the way to the top of state government, and into the halls of Congress.

Michigan’s Governor Snyder has elected to perform some weird self-flagellating mea culpa or performance art, by insisting he and his wife will drink filtered Flint city water for a month. It’s a pointless gesture since the toxic lead levels, experienced during the two years immediately after the city’s cut-over to the Flint River, have already fallen after doing permanent damage to roughly eight thousand children in and around Flint.

Flint’s Mayor Karen Weaver said about the governor’s stunt, “[H]e needs to come and stay here for 30 days and live with us and see what it’s like to use bottled or filtered water when you want to cook and when you want to brush your teeth.”

Or get a new mortgage, I would add. The gesture also does nothing for Flint’s property values. Imagine living in Flint, trying to refinance your home to a lower interest rate, telling the bank, “Oh, but the water’s safe enough for the governor!” and the bank telling you, “Nah. Too risky.”

UPDATE — 10:45 AM EDT —
Charges have been filed against City of Flint’s Laboratory & Water Quality Supervisor Mike Glasgow and Michigan Department of Environmental Quality Office of Drinking Water and Management Assistance district director Steven Busch and MI-ODWMA District Engineer Michael Prysby. Mlive.com-Flint reports,

Glasgow is accused of tampering with evidence when he allegedly changed testing results to show there was less lead in city water than there actually was. He is also charged with willful neglect of office.

Prysby and Busch are charged with misconduct in office, conspiracy to tamper with evidence, tampering with evidence, a treatment violation of the Michigan Safe Drinking Water Act and a monitoring violation of the Safe Drinking Water.

None of the individuals charged in the case have been arraigned.

Sure would like to see the evidence on Glasgow, given the email he wrote 14-APR-2014 (see the timeline).

House hearing on encryption yesterday

  • Worth the time if you have it to listen to the House Energy and Commerce Oversight and Investigations Subcommittee’s hearing, ‘Deciphering the Debate Over Encryption: Industry and Law Enforcement Perspectives‘ to catch Apple’s general counsel Bruce Sewell and UPenn’s CIS asst. prof. Matt Blaze. Not so much for Indiana State Police Captain Charles Cohen, who was caught up in misinfo/disinfo about Apple’s alleged non-cooperation with the U.S. government. Wish there was a transcript, especially for the part where Sewell was quizzed as to whether Apple would encrypt their cloud.
  • Speaking of Cohen and misinfo/disinfo, Apple said it hasn’t released source code to Chinese (Reuters) — This is the spin IN’s Cohen got caught up in. Nope.

Another Congressional hearing of interest: Fed Cybersecurity
In case you missed it, catch the video of today’s House Oversight Subcommittee on Information Technology hearing on Federal Cybersecurity Detecion, Response, and Mitigation. You may have seen Marcy’s tweets on this hearing, at which Juniper Networks was a no-show, and Rep. Ted Lieu (D-CA) was kind of pissed off. Catch Bruce Schneier’s post about Juniper’s vulnerability.

Volkswagen has company: Mitsubishi’s mileage data tweaked to cheat
The Japanese automaker may have to pay back tax rebates offered on vehicles meeting certain fuel efficiency standards. Data from mileage tests on hundreds of thousands of cars was fudged to make the cars look 5-10 percent more efficient.

Speaking of cheating: Volkswagen’s use of code words masked references to emissions controls cheats
The amount of data under review along with the use of code words and phrases like “acoustic software” may delay the completion of the probe’s report. Don’t forget: tomorrow is the second 30-day deadline set for VW to provide a technical solution for owners of its passenger diesel vehicles.

That’s enough. Michigan state AG newser underway now as I update this again at 1:15 p.m. EDT; I may not update here since I addressed known charges above. Catch you on the other side of the hump.

Friday Morning: Dark Water Jazz

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It’s Friday and that means jazz here at emptywheel. But no genre exploration today, just this lovely, evocative downtempo jazz/trip hop fusion work.

It’s dark water jazz indeed this week…

Congress oublies the Flint water crisis
I can’t find anything in C-SPAN about the House Energy and Commerce Committee hearing which was to address the crisis. Convenient for Republicans running for office right now to keep themselves at arm’s length from a Republican scandal. We’re lucky the hearing was captured at all; it can be found at the committee’s website. (Video 3:44:08)

It must be difficult to kowtow to traditional GOP underwriters while trying to appear like you’re doing a credible job of representing Americans most in need. But it’s a lot easier to bury and forget the inconvenient.

The latest scuttlebutt is that the bipartisan Energy Policy Modernization Act of 2015 (S.2012) will proceed without additional funding to remedy Flint’s damaged water system, still replete with lead piping. Senate Republicans led by Senator Mike Lee of Utah protested the inclusion of funding for Flint in this bill, threatening to reject it altogether.

Wait — you know who’s up for reelection this season? Senator Mike Lee! Amazing coincidence! Or not. You know, Senator Lee, when your fellow senators leak about your obstruction, you should catch a clue. Sometimes actually helping Americans is more important than sucking up to your anti-tax overlords.

You know who else is up for reelection this season? Senator Lisa Murkowski, the chair of the counterpart Senate Energy Committee and the sponsor of S.2012. You’d think she’d want to look effective as a leader and at governance.

Roughly 8,000 children will continue to live as if they are in a third world country, with a patchwork of assistance for their health and education, but no relief from the lead pipes which continue to run from the water department to their homes. Imagine them drinking water out bottles for the rest of their childhoods, their families having to take additional time and effort to lug bottles upon bottles for their daily essential needs.

Don’t even suggest these families leave. They are stuck, STUCK in Flint, because their property values have been gutted by the failure of a GOP-led state administration, and the continued avoidance by a GOP-led Congress. Who wants to buy a home with lead pipes in Flint now? Which banks want to finance new mortgages to those homes? Which insurers want to write coverage on them?

Some government aid has been offered to Flint — which the ever-ineffectual Rep. Fred Upton recited like a litany during the hearing (see 0:13:30 in the video) — but none of it addresses the lead piping.

Donald Trump won the Republican primary in Flint’s home county of Genessee, by the way. Can’t understand why…

Cleaning off the desk
Stuff worth perusing, but I’m not going to elaborate on before I chuck it in the bin for the week.

  • Microsoft suing U.S. government for gagging the software company about government requests for users’ information. (Microsoft) — MSFT president Brad Smith wrote in a blog post about the suit; note the complaint here (pdf) in which MSFT shared these details:

    Between September 2014 and March 2016, Microsoft received 5,624 federal demands for customer information or data. Of those, nearly half—2,576—were accompanied by secrecy orders, forbidding Microsoft from telling the affected customers that the government was looking at their information. The vast majority of these secrecy orders related to consumer accounts and prevent Microsoft from telling affected individuals about the government’s intrusion into their personal affairs; others prevent Microsoft from telling business customers that the government has searched and seized the emails of individual employees of the customer. Further, 1,752 of these secrecy orders contained no time limit, meaning that Microsoft could forever be barred from telling the affected customer about the government’s intrusion. The government has used this tactic in this District. Since September 2014, Microsoft received 25 secrecy orders issued in this District, none of which contained any time limit. These secrecy orders prohibit Microsoft from speaking about the government’s specific demands to anyone and forbid Microsoft from ever telling its customers whose documents and communications the government has obtained. The secrecy orders thus prevent Microsoft’s customers and the public at large from ever learning the full extent of government access to private, online information

    Emphasis Microsoft’s. Therein the one way to release a limited amount of information: file suit against the government.

  • Claims after March attack that Brussels airport security was lax impels Belgium’s transport minister to quit (euronews) — Bombs were detonated before security clearance area; not certain how minister could have prevented bombing except to move clearance all the way to the edge of the airport’s perimeter instead of after check-in.
  • UC-Davis sanitized the internet to prop its image (SacBee) — School paid $175K to excise references to a 2011 attack on student protesters by police using teargas. Should keep in mind UC-Davis is part of the University of California, of which former Homeland Secretary Janet Napolitano is president, who authorized spying-by-malware on UC-Berkeley.
  • Hey, did you know there’s a tiny sovereign country inside U.S. borders? (Atlas Obscura) — Welcome to Molossia, have a nice day! Surprised no uber-wealthy hit on this as a potential money-laundering. tax-avoidance strategy: make your own country inside the U.S.

And with that we’re off, headed for a nice spring weekend ahead. Have a good one!

Thursday Morning: A Little Green Around The Gills

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Happy St. Patrick’s Day to those of you who observe this opportunity to drink beer (tinted green or otherwise) and eat boiled dinner and wear green! We’ll know the hardcore among you tomorrow by your hangovers.

Folks overseas don’t understand how St. Patrick’s Day blew up to the same proportions as other holidays like Halloween, blaming it on American commercialization. But the holiday as observed in the U.S., like Halloween, has roots in immigration. Four to five million Irish immigrated to the U.S.; their descendants here are nearly 40 million today, roughly seven times the number of actual Irish in Ireland now. With this many Irish-Americans, even a tepid observation of St. Patrick’s Day here would be visible abroad.

In addition to all things green, we’ll be watching this week’s second #FlintWaterCrisis hearing. Representatives Chaffetz and Cummings can go all shouty on Michigan’s OneLawyeredUpNerd Governor Rick Snyder and EPA’s Gina McCarthy though I have my doubts anything new will emerge. (And you’ll see me get really angry if Rep. SlackerForMichigan Tim Walberg shows up to merely make face on camera. Useless helicoptering.)

Unlike Tuesday, I hope like hell somebody brings up Legionnaire’s cases and deaths in Flint after the cut-over of Flint’s water to Flint River. Thousands of children may have been permanently poisoned by lead, but people sickened and died because of this complete failure of government-as-a-business.

I can’t stress this enough: There were fatalities in Flint because of the water.

Hearing details – set a reminder now:

Thursday 17-MAR — 9:00 AM — Gov. Snyder (R-MI) & EPA Head McCarthy: House Hearing on Flint, MI Water Crisis (est 3 hours, on C-SPAN3)   Link to House Oversight Committee calendar entry

You can find my timeline on Flint’s water here — as noted Tuesday, it’s a work in progress and still needs more entries.

Moving on…

Apple leaves Amazon for Google’s cloud service
Wait, what?! File under ‘Wow, I didn’t know!’ because I really though Apple housed all its cloud services under its own roof. I mean, I’ve written about data farms before, pointed to a new Apple location. I didn’t know Apple had outsourced some of its iCloud to Amazon.

Which makes Senator Ron Wyden’s remarks about asking the NSA with regard to the San Bernardino shooter’s iPhone even more interesting.

No wonder Apple is moving to Google, considering Amazon’s relationship with certain government agencies as a cloud service provider. Some of Apple’s data will remain with Amazon for now; we might wonder if this is content like iTunes versus users’ data. Keep your eyes open for future Apple cloud migrations.

US Navy sailors’ electronic devices combed for data by Iran
Gee, encrypted devices and communications sure are handy when members of the military are taken into custody by other countries. Too bad the Navy’s devices weren’t as secure as desired when Iran’s navy detained an American vessel in January this year. To be fair, we don’t know what all was obtained, if any of the data was usable. But if the devices were fully encrypted, Iran probably wouldn’t have said anything.

American Express’ customers’ data breached — in 2013
Looks like a select number of AmEx customers will receive a data breach notice with this explanation:

We became aware that a third party service provider engaged by numerous merchants experienced unauthorized access to its system. Account information of some of our Card Members, including some of your account information, may have been involved. It is important to note that American Express owned or controlled systems were not compromised by this incident, and we are providing this notice to you as a precautionary measure.

The breach happened on December 7, 2013, well into the Christmas shopping season, but we’re just finding out now? “Third party service” means “not our fault” — which may explain why AmEx shareholders (NASDAQ:AXP) haven’t been notified of a potential risk to stock value as yet. Who/what was the third party service? Where’s their notification to public and shareholders?

I need to brew some coffee and limber up before the hearing on Flint, track down my foam footballs and baseballs to throw at the TV while Gov. Snyder goes on about how sorry he is and how he’s going to fix Flint’s water crisis. Oh, and find an emesis basin. See you here tomorrow morning!

Tuesday Morning: #FlintWaterCrisis Hearing Today

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This is a semi-special morning roundup edition due to this morning’s Congressional hearing on #FlintWaterCrisis. Details:

Tuesday 15-MAR — 10:00 AM — Hearing on Flint, Michigan Water Contamination (est 3 hours, on C-SPAN3)
Former Flint, Michigan Mayor Dayne Walling, former Emergency Manager Darnell Earley, EPA Region 5 Administrator Susan Hedman, and Virginia Tech University’s Marc Edwards testify at a House Oversight Committee hearing on water contamination in Flint.  Link to House Oversight Committee calendar entry

If you don’t catch today’s hearing, there will be another on Thursday morning:

Thursday 17-MAR — 9:00 AM — Gov. Snyder (R-MI) & EPA Head McCarthy: House Hearing on Flint, MI Water Crisis (est 3 hours, on C-SPAN3)   Link to House Oversight Committee calendar entry

You can find my timeline on Flint’s water here — it still needs a number of new entries.* Of particular note today will be the first half of 2014 when the decision to cut over from Detroit’s water (DWSD) to the Flint River was finalized and enacted, under then-Emergency Manager Darnell Earley. Earley was the third EM appointed to Flint after December 2011; he had been preceded by Michael Brown (twice) and Ed Kurtz (once).

You’ll recall that Michigan implemented an emergency manager law in 2011, allowing the state to appoint an administrator for insolvent municipalities. The EM law eliminated the powers of democratically elected municipal officials, vesting those powers and more in the appointee.

Reports this morning based on initial assessments of Darnell Earley’s written statement for the hearing today indicate Earley was overwhelmed by the demands of the EM role in Flint, and he regrets not having pushed back more firmly on decisions about the water cut-over.

However, the timeline reveals that in early 2013 a previous EM Ed Kurtz actually signed the decision to buy water from the Karegnondi Water Authority (KWA) when it completed construction. Kurtz also notified the DWSD that Flint would leave in one year’s time, in spite of a last-minute emailed offer on April 15, 2013 from DWSD offering a rate far cheaper than the rate Flint was paying in 2013, and possibly cheaper altogether than the KWA rate.

Did EM Ed Kurtz see this email? If he did, why was it ignored? If he didn’t, why not?

Ditto for Darnell Earley — did he know there was an offer from DWSD making the KWA potentially irrelevant or redundant?

Why wasn’t Flint able to accept the DWSD’s cheaper rate from 2013 through to cut-over to the KWA upon the pipeline’s completion as a stop-gap, avoiding the debacle cutting over to the Flint River created?

Why was there so much pressure on development and implementation of the KWA, to the point that cheaper water from DWSD was ignored?

Michigan blogger Mark Maynard asked whether the KWA was really established to serve fracking wells in counties through which the pipeline ran from Lake Huron to Flint (see here and here). I would love to know if anybody has FOIA’d documents from the state, Flint, and the KWA regarding containing any of the search terms [fracking, hydraulic fracturing, wells, oil, natural gas, injection, energy].

We already know the state wasn’t paying much attention (ahem) to fracking in northern Michigan; did they turn a blind eye to both bid rigging up north, and the development of water resources in eastern Michigan?

Get your popcorn maker out and ready for 10:00 a.m. EST. You know what I’ll be doing — join me.

UPDATE — 8:25 a.m. EST —
I do have one more question I’d ask Darnell Earley about early 2014. Knowing the city’s water would be cut over from DWSD to KWA in April, were there any tests conducted prior to the date DWSD was cut off as a source? In other words, did Flint River water enter the Flint water system anytime BEFORE the end of the contract with DWSD? Or was the city simply supposed to assume the cut over would work without fail?

I’d like to see when Genesee County Health Department first noticed changes in health services required, along with any anonymized health service data from hospitals serving Flint residents. Would the health data show illness in sync with the official cut-over to river water — or earlier?

UPDATE — 2:20 p.m. EST —
Drive-by impressions after hearing:

  • Didn’t get answers to my questions. Also, Earley should have been asked whether Snyder, as his boss, 1) asked him to limit contact with public for feedback, or 2) if it was clear going into EM role that public feedback should be limited, and 3) if it had been made clear by governor to Earley that financial concerns overrode all others in performance of EM duties.
  • Susan Hedman’s testimony helter-skelter, did not improve impression of her ability as a regulator. She’s still on the hot seat. Email cited in hearing from EPA’s Region 5 Water Division Branch Chief Debbie Baltazar which said, “I’m not so sure Flint is the community we want to go out on a limb for” did not help Hedman’s case whatsoever.
  • Do not recall any mention of Legionnaire’s cases during questioning, though contamination was mentioned. Not good — lot of important focus on lead poisoning, but to forget about deaths due to this crisis?
  • C-SPAN cameras caught Dr. Marc Edwards giving interviews after hearing ended; he told interviewers Flint’s water was safe for bathing (non-consumption hygiene purposes), but could not say when Flint’s water was safe to drink because of testing still underway across Flint.

Ugh. Thursday’s hearing will be must-see TV.
__________
* Sorry, harpie, I still have to follow up with the additional links you’ve shared recently.

Monday Morning: Put Your Pom-poms Down

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A certain state governor (or his PR team) tweeted a bunch of smack last night during the Democratic presidential candidates’ debate. Like this:

RSnyder_tweet_06MAR2016

It is to laugh. Every decision made by this administration about Flint has been about money, not about the right thing, and not even about the legal thing.

He put his pom-poms down last week long enough to lawyer up, though. Mm-hmm.

By the way, that’s the NSFW version – here’s the language-sanitized clean version of that video for your office space. Crank the volume and bring it.

All around Apple town

  • Email provider Lavabit filed an amicus brief in #AppleVsFBI, arguing the FBI’s demands could have adverse affects on businesses:

    Such precedence would likely result in many businesses moving their operations offshore, therefore, making it more difficult for law enforcement to obtain even ordinary assistance from such companies…

    Wow, sounds familiar, huh? Brief’s worth a read (pdf).

  • Apple VP of software engineering Craig Federighi wrote an op-ed for yesterday’s WaPo, restating an opinion Apple and many of its supporters already expressed:

    “…it’s so disappointing that the FBI, Justice Department and others in law enforcement are pressing us to turn back the clock to a less-secure time and less-secure technologies. …”

  • The stakes get higher in #AppleVsFBI as Apple prepares to launch several new iPhones and an iPad on March 21. We all know a decision by Judge Pym will affect these devices in the future, not just the San Bernardino shooter’s iPhone 5C.
  • And just to keep Apple users even more on their toes, there’s now Apple ransomware on the loose. So far only Mac devices have been targeted, but it’s only a matter of time before other Apple devices are similarly affected. I’d put my money on higher profile users or those using iPhones to remotely control costly systems.

Quickety-lickety

And on this day in 1876, U.S. Patent 174,465 for Improvement in Telegraphy was granted to Alexander Graham Bell.

What will they write about this day in another 140 years? Do something worth writing about.

Friday Morning: Afro-Cuban Coffee

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I should just dedicate Fridays to different genres of jazz. Today feels like a good day for Afro-Cuban jazz.

This chap, Francisco Raúl Gutiérrez Grillo, who performed under the name Machito with his Afro-Cubans, was an incredibly important innovator shaping Afro-Cuban jazz as well as modern American music. He was important to race in the music industry as well, as his Afro-Cubans may have been the first multi-racial band.

I’m brewing some Café Bustelo before I bust out my dancing shoes. ¡Vamonos!

Judge applies ‘Parkinson’s Law’ to VW emissions cheat case
You know the adage, “work expands so as to fill the time available for its completion”? U.S. District Court Judge Charles Breyer gave Volkswagen 30 days to come up with a fix* for all the emissions standards cheating passenger diesel engine cars in the class action lawsuits he oversees in San Francisco. Gotta’ love this:

“It’s an ongoing harm that has to be addressed … I’ve found the process is a function of how much time people have available to fill. The story about lawyers is that that if you give them a year to do something, it will take them a year to do something. If you give them 30 days to do something, they’ll do something in 30 days.”

As time passes, vehicle owners are increasingly damaged as no one wants to buy their cars and their investment is lost. Hence the aggressive time limit.

* Caution: that link to SFGate may autoplay video and ad content. Really, SFGate? That’s such hideously bad form.

Rough road ahead in Saudi Arabia to a post-oil world
This piece in WaPo paints a grim picture of cheap oil’s impact on Saudi Arabia — and there are huge pieces missing. Worth a read while asking yourself how much Saudis are spending on military efforts against Yemen and Syria, and what new industries they’re investing in to replace oil-based employment.

Took long enough: Software and social media firms get Apple’s back
Did their legal departments finally read the case thoroughly and realize they had skin in this game, too? Who knows — but Google as well as Microsoft are planning to file amicus briefs in support of Apple. Microsoft had already indicated they would support Apple in a congressional hearing yesterday morning; Google piped up later. The latest skinny is that Facebook and Twitter both intend to file briefs as well in favor of Apple. Looks like Microsoft’s current management took an 180-degree turn away from progenitor Bill Gates’ initial response, hmm?

Hit and run

That’s a wrap on this week. Keep your eyes peeled for news dumps while folks are still picking apart last night’s GOP-cast reality TV show. And make time to dance.

EDIT — 8:40 AM — Ugh, why didn’t the Detroit News publish this piece *yesterday* instead of a Friday morning? Michigan’s Gov. Snyder’s “inner circle” exchanged emails advising a switchback from Flint River a year before the switchback took place, and only three weeks before Snyder’s re-election. There was enough content in this to go to press without waiting for a quote from one of the former advisers.

[Work in Progress] Timeline: Flint’s Water Crisis

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This is a work in progress. Not all dates and events between the end of 2015 and current date have been added as of publication. This timeline will be updated periodically, as events unfold and as key information is revealed about Flint’s ongoing water crisis. Some information is incomplete or in need of validation. Links to sources will be added over time. If you have content you believe is relevant and should be added, please share in comments.
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1974-2002

XX-DEC-1974 — The federal Safe Drinking Water Act (SDWA) enacted to ensure safe drinking water for the public; the Environmental Protection Agency (EPA) is responsible for setting safety standards, monitoring, compliance and enforcement of the same under the SDWA.

07-JUN-1991 — EPA issued the Lead and Copper Rule (LCR) limiting the amount of lead and copper in public drinking water, as well limiting the permissible amount of pipe corrosion occurring due to the water itself.

XX-JUL-1998 — The federal Environmental Protection Agency required all large public water systems maintain a program to monitor and control lead in drinking water due to piping corrosion under the Lead and Copper Rule (LCR). Cities like Flint must have a state-approved plan to maintain water to regulatory limits for pH, alkalinity, corrosion inhibitor chemicals.

XX-XXX-2002 — [DATE TBD] Genesee County purchased 326 acres of property with 300 feet of Lake Huron waterfront via auction from Detroit Edison, for $2.7 million **How did this purchase affect the city of Flint’s 2002-2004 financial crisis?
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2009

28-AUG-2009 — Michigan Department of Environmental Quality (MDEQ) issued a permit to Genesee County Drain Commission for water withdrawal from Lake Huron (Permit 2009-001), up to 85 million gallons per day. MDEQ director at the time is Steven Chester.
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2011

10-MAY-2011 — DTE Energy expressed interest in acquiring 3 million gallons of water from Lake Huron intake for use at the Greenwood electricity generation plant.

07-SEP-2011 — Report to Flint City Council by Rowe Professional Services determined buying water from Karegnondi Water Authority (KWA) cheaper than continuing to purchase from Detroit Water and Sewerage Department (DWSD), or using Flint River water as upgrades to Flint treatment equipment required would cost $50 million.

XX-SEP-2011 — (confirm date) City of Flint increase water and sewer rates 35%. Higher water costs due in part to higher-than-expected unmetered water losses. This is the second double-digit rate hike in 2011. The city’s water system once served ~200K residents, now serves half that number and a much smaller manufacturing base.

29-NOV-2011 — Emergency Manager Michael Brown appointed by Gov. Rick Snyder to take over management of the city of Flint effective 01-DEC-2011. Democratically elected offices are now subordinate to the EM.

XX-DEC-2011 — (confirm date) Report showed the City of Flint leaking 30 to 40% of its water, well above more typical 15-20 percent loss of unmetered water.

14-DEC-2011 — EM Michael Brown appointed Howard Croft as Director of Infrastructure and Development. Croft’s role has oversight of Parks and Recreation department, Street Maintenance, Water and Sewer, Sanitation, Planning, Fleet and Community and Economic Development. Jerry Ambrose named financial advisor, with oversight of finance, budget and treasury departments; Gary Bates named director of human resources and labor relations. Bates’s role was temporary, lasting 90 days, at time of appointment.

20-DEC-2011 — The City of Detroit sells $500,675,000 in bonds for Water Supply System Revenue funding (pdf). The offering prospectus notes Flint’s desire to migrate to the KWA, but that it might be seven years out before the move. 6% of DWSD water is supplied to Flint.
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2012

XX-FEB-2012 — (confirm date) Emergency Manager’s team audited Flint’s water system to identify current rate of unmetered water loss.

23-APR-2012 — EM Michael Brown proposed budget plan includes a 25% average increase in water and sewer rates, with water rates projected to increase 12.5% and sewer 45%. City personnel cuts were also proposed. Water and sewer are the single largest expenditure in the budget. (Proposed budget, PDF) **Did any of the personnel cuts made affect staffing of water and sewer maintenance?

XX-AUG-2012 — [DATE TBD] Emergency Manager Ed Kurtz appointed by Gov. Rick Snyder after Brown steps down. Kurtz has previous experience working in Flint during the 2002-2004 financial emergency.

XX-DEC-2012 — [DATE TBD] Michigan Treasury officials met with Flint city officials to discuss drinking water alternatives, including Flint River. Only two options — remaining on DWSD, or development/switch to new KWA — would be studied.
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