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Tuesday Morning: Chasing the Clouds Away

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Hope by this afternoon all the major thoroughfares are clear and transportation nearly back to normal along the east coast. You’d think by now we’d have developed and installed self-maintaining highways that melt ice and snow, right?

For now, let’s dig.

A former Goldman Sachs exec parts company with CenturyLink
They called it “creating an environment that was unproductive,” and maybe it was — a diversified telecom organization may not be a great fit for an investment banker, leading to some less-than-productive discussions. But a nearly unanimous vote said Joseph Zimmel, retired GS exec, should not apply for re-election to CenturyLink’s board of directors. Wonder if the rumored-but-not-completed acquisition of Rackspace had anything to do with this rocky situation?

Retail Mixed Bag: Wal-Mart retrenches, Staples rethinks, Shoes.com kicks butt
The Arkansas-based retailer is closing up its 102 Wal-Mart Express stores, as well as a few of its full-sized stores. Were the smaller stores simply too much overhead, or were they cannibalizing sales from larger stores, or did Amazon finally cut into Wal-Mart’s sales enough that Wal-Mart needed to reduce?

Staples, one of the two largest big box office supply retailers, changed up some of its senior management while indicating it may back out of its proposed merger with the other mega office supply retailer, Office Depot. The merger has not received approval yet from the USDOJ. This unresolved deal may be a bigger liability in terms of expense by now, especially when all retail sales have slowed down.

Shoes.com is looking for cash to make some acquisitions. This Canadian online shoe retailer is bucking the retail trend with a strong uptick in sales in spite of stiff competition from Zappos and Amazon.

All three retailers mirror a turn-down in consumption — even Shoes.com. If retail was doing well, there’d be less need to close brick-and-mortar stores or buy up market share.

Six GOP Senators suck up to ISPs while annoying broadband users
Quel surprise: a handful of GOP Senators sent a letter to the FCC saying that standard broadband speeds are arbitrary, and most users don’t need the current baseline speed.

I’d like to know why some tech media won’t name names. Fortunately, The Hill listed the signatories. Senators Roy Blunt (MO), Steve Daines (MT), Deb Fischer (NE), Cory Gardner (CO), Ron Johnson (WI) and Roger Wicker (MS) wrote,

“Looking at the market for broadband applications, we are aware of few applications that require download speeds of 25 Mbps … Netflix, for example, recommends a download speed of 5 Mbps to receive high-definition streaming video, and Amazon recommends a speed of 3.5 Mbps.”

The stupid, it burns almost as much as the visible corporate whoring. Like nobody in their world has multiple users in a household sharing service or online gamers or emerging technology which does need increasingly higher speeds. Hope these folks aren’t on committees for cybersecurity issues — wait, what? Every one of these six dipschitz is on the Senate Commerce Subcommittee on Communications, Technology, Innovation, and the Internet. ~screaming into pillow~

I can’t with this. I must change gears or go insane. Keep the wheels on the road, kids.

The Inspectors General Bring Out the Space Heroes to Defend Full Access

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John GlennA few weeks back, I noted that Office of Legal Counsel had finally released its opinion on whether DOJ had to share everything its Inspector General requested, or could hold things (and investigations) up until the Deputy Attorney General decided such disclosure would be in the interest of DOJ.

OLC ruled against the Inspector General, finding that rules limiting dissemination of wiretap, grand jury, and financial data required DOJ’s preferred arrangement, even given Congress’ recent appropriations instructions to give Inspectors General what they need.

Senators Chuck Grassley and Ron Johnson and Congressmen Bob Goodlatte and John Conyers expressed concern about the opinion when it was released. Grassley now has a hearing — titled “‘All’ Means All: The Justice Department’s Failure to Comply with Its Legal Obligation to Ensure Inspector General Access to All Records Needed for Independent Oversight” — tomorrow to address the issue.

In anticipation of that hearing, the Inspectors General have brought out the big guns.

First, retired Senator and space hero wrote a letter, reminding that the intent when he and others in Congress passed the Inspector General act in 1978, they intended IGs to get access to everything.

The success of the IG Act is rooted in the principles on which the Act is grounded–independence, direct reporting to Congress, dedicated staff and resources, unrestricted access to agency records, subpoena power, special protections for agency employees who cooperate with the IG, and the ability to refer criminal matters to the Department of Justice without clearing such referrals through the agency. We considered these safeguards to be vital when we developed the Act and they remain essential today.

In addition, yesterday the Council of the Inspectors General on Integrity and Efficiency sent a letter to Ron Johnson, Tom Carper, Jason Chaffetz, and Elijah Cummings asking for immediate legislation to fix the problem created by the OLC memo. In addition to expressing concern about the impact of the memo for DOJ’s Inspector General (that IG, Michael Horowitz, is Chair of CIGIE, so that’s sort of him reiterating his concerns), the other agency IG’s worried that the memo might affect their ability to conduct their own work, as well.

The OLC opinion’s restrictive reading of the IG Act represents a potentially serious challenge to the authority of every Inspector General and our collective ability to conduct our work thoroughly, independently, and in a timely manner. Our concern is that, as a result of the OLC opinion, agencies other than DOJ may likewise withhold crucial records from their Inspectors General, adversely impacting their work. Even absent this opinion, agencies such as the Peace Corps and the U.S. Chemical Safety and Hazard Investigation Board (CSB) have restricted or denied their OIGs access to agency records on claims of common law privileges or assertions that other laws prohibit access.

[snip]

Uncertainty about the legal authority of Inspectors General to access all information in an agency’s possession could also negatively affect interactions between the staffs of the Offices of Inspector General and the agencies they oversee. Prior to this opinion, agency personnel could be confident, given the clear language of Section 6(a) of the IG Act, that they were required to and should share information openly with Inspector General staff, and typically they did so without reservation or delay. This led to increased candor during interviews, greater efficiency of investigations and other reviews, and earlier and more effective detection and resolution of waste, fraud, and abuse within Federal agencies. We are concerned that witnesses and other agency personnel, faced with uncertainty regarding the applicability of the OLC opinion to other records and situations, may now be less forthcoming and fearful of being accused of improperly divulging information. Such a shift in mindset also could deter whistleblowers from directly providing information about waste, fraud, abuse, or mismanagement to Inspectors General because of concern that the agency may later claim that the disclosure was improper and use that decision to retaliate against the whistleblower.

Neither FBI Director Jim Comey nor Deputy Attorney General Sally Yates are appearing at tomorrow’s hearing. FBI Associate Deputy Director Kevin Perkins and Associate Deputy Attorney General Carlos Uriarte have pulled the unpleasant duty of appearing on a panel with Horowitz. But I imagine Grassley intends tomorrow’s hearing to be rather aggressive.

The Danger of Someone Criticizing Political Pork Landing on the Capitol Lawn

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The WaPo has a good review of how postal service worker Doug Hughes managed to fly his gyrocopter onto the Capitol lawn without being spotted by the Secret Service or other security forces.

But the best part of the story cites corporate sucklings Chuck Schumer and Ron Johnson expressing dismay that the security theater draping DC didn’t prevent Hughes from landing a harmless aircraft on their lawn.

On Capitol Hill, there was less concern Thursday about Hughes’s message than how he delivered it — flying into the heart of the nation’s capital and alighting on the Capitol lawn about 1:30 p.m. in what amounts to an airborne go-cart, powered by something like a lawn mower engine, and kept aloft by an overhead rotor and a small propeller.

“How did it happen?” Sen. Charles E. Schumer (D-N.Y.) wondered aloud. “How did the helicopter get through? Why weren’t there alarm bells that went off? Why wasn’t it intercepted? Did we know about it? How far from the Capitol grounds did we know?”

Schumer, the Senate’s third-ranking Democrat, added: “Just saying it’s a little helicopter, or it’s one person, or it was harmless, does not answer these questions. And we need to know what happened.”

Sen. Ron Johnson (R-Wis.), chairman of the Homeland Security and Governmental Affairs Committee, said in a statement: “I am deeply concerned that someone has the ability to fly for over an hour through the most restricted airspace in our country, past the White House, and land on the lawn of the Capitol.”

He added that he wants “a full accounting by all federal organizations entrusted with securing the United States from this and similar events.” That Hughes was able to pull off the stunt, Johnson said, is “a reminder that the risk to America and Americans is ever present.”

As Nancy Pelosi noted in comments yesterday (which were almost, but not quite, this shrill), there are reasons to want the Capitol to remain fairly open. And it is fairly open — easier to get into than an airport, for example. That makes it accessible to the thousands of local lobbying and school groups who want to see their Representatives’ office.

But it also makes it permeable by lobbyists.

The big money lobbyists, of course, do far more damage to this country than a gyrocopter ever could, damage that Schumer and Johnson are enthusiastic participants in.

Which is sort of Hughes’ point.

I expect more ironic symbolism from this event going forward, as a bunch of security-industry intoxicated Congressmen take as a lesson from this that they need to insulate themselves even more from the people warning about them insulating themselves form their constituents.

Fat Al Gore Menaces the Homeland and Homeland Security Experts Don’t Care

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Six days ago, Fat Al Gore (my shorthand for climate change) attacked the Philippines, killing as many 10,000 and leaving 250,000 homeless.

It was Fat Al Gore’s most successful attack thus far.

With Fat Al Gore’s growing success in mind, consider these data points.

Senate Homeland Security Committee doesn’t recognize Fat Al Gore as a threat

The Senate Homeland Security Committee is holding a hearing on “Threats to the Homeland.” It is focused almost entirely on what witnesses describe a dispersed Al Qaeda threat (which doesn’t have the ability to attack in the US), self-radicalized extremists who don’t have the ability to conduct large-scale attacks, and cybersecurity (though Carl Levin did bring up corporate anonymity as a threat, and Republicans brought up Benghazi, which isn’t the “Homeland” at all; also, Ron Johnson leaked that Secret Service officers have proven unable to keep their dick in their pants in 17 countries).

None of the three witnesses even mentioned climate change in their testimony.

Obama’s Chief of Staff threatened to “kill” Steven Chu for admitting islands would disappear because of climate change

Meanwhile, the lead anecdote of this mostly interesting (but in parts obviously bullshit) profile of how Obama disempowered his cabinet ministers tells how Rahm went ballistic because Steven Chu (whose energy initiative created a bunch of jobs) publicly admitted that some islands will disappear because of climate change.

In April 2009, Chu joined Obama’s entourage for one of the administration’s first overseas trips, to Trinidad and Tobago for a Summit of the Americas focused on economic development. Chu was not scheduled to address the media, but reporters kept bugging Josh Earnest, a young staffer, who sheepishly approached his boss, White House press secretary Robert Gibbs, with the ask. “No way,” Gibbs told him.

“Come on,” Earnest said. “The guy came all the way down here. Why don’t we just have him talk about all the stuff he’s doing?”

Gibbs reluctantly assented. Then Chu took the podium to tell the tiny island nation that it might soon, sorry to say, be underwater—which not only insulted the good people of Trinidad and Tobago but also raised the climate issue at a time when the White House wanted the economy, and the economy only, on the front burner. “I think the Caribbean countries face rising oceans, and they face increase in the severity of hurricanes,” Chu said. “This is something that is very, very scary to all of us. … The island states … some of them will disappear.”

Earnest slunk backstage. “OK, we’ll never do that again,” he said as Gibbs glared. A phone rang. It was White House chief of staff Rahm Emanuel calling Messina to snarl, “If you don’t kill [Chu], I’m going to.”

Much later the story notes that Heather Zichal is on her way out too.

Even blue-chip West Wingers such as economic adviser Gene Sperling and climate czar Heather Zichal are heading for the exits.

Washington insiders applaud fracking while ignoring climate change

Meanwhile, also as part of its big new magazine spread, Politico has two related pieces on DC insiders views.

There’s this “Real Game Changers” piece capturing the “big forces they see shaking up U.S. politics.” David Petraeus talks about “the ongoing energy revolution in the U.S.” Jeb Bush promises, “With natural gas as an exponentially growing source, we can re-industrialize.” And while several thinkers describe the problem of economic inequality, only Al Gore talks about Fat Al Gore.

Carbon pollution from burning fossil fuels is changing our climate and transforming our world. From more destructive and more frequent climate-related extreme weather events, floods and droughts, melting ice and rising sea levels, to climate refugees, crop failure, higher asthma rates and water scarcity, the consequences are profound. As citizens, we’re already paying the high costs. Billions of dollars to clean up after extreme weather events. Rising insurance bills. Lives lost.

Meanwhile, former respectable energy historian turned shill Daniel Yergin congratulates America on being almost energy independent.

Here’s his only mention of the word “climate.”

In a major climate speech this past June, he declared, “We should strengthen our position as the top natural gas producer because, in the medium term at least, it not only can provide safe, cheap power, but it can also help reduce our carbon emissions.”

Yes, we’re going to fight climate change by burning carbon (gas) instead of carbon (coal).

To be fair to the DC elite, the reason we’re embracing fracking is to give ourselves space to ditch the terrorist funding Saudis. So there is a real national security purpose to it.

But of course, it’s a purpose that addresses a far less urgent threat than that terrorist Fat Al Gore, who just killed 10,000 people.