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Transcript: Ezra Klein Interviews Robinson Meyer - The New York Times - 0 views

  • Implementation matters, but it’s harder to cover because it’s happening in all parts of the country simultaneously. There isn’t a huge Republican-Democratic fight over it, so there isn’t the conflict that draws the attention to it
  • we sort of implicitly treat policy like it’s this binary one-zero condition. One, you pass a bill, and the thing is going to happen. Zero, you didn’t, and it won’t.
  • ROBINSON MEYER: You can almost divide the law up into different kind of sectors, right? You have the renewable build-out. You have EVs. You have carbon capture. You have all these other decarbonizing technologies the law is trying to encourage
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  • that’s particularly true on the I.R.A., which has to build all these things in the real world.
  • we’re trying to do industrial physical transformation at a speed and scale unheralded in American history. This is bigger than anything we have done at this speed ever.
  • The money is beginning to move out the door now, but we’re on a clock. Climate change is not like some other issues where if you don’t solve it this year, it is exactly the same to solve it next year. This is an issue where every year you don’t solve it, the amount of greenhouse gases in the atmosphere builds, warming builds, the effects compound
  • Solve, frankly, isn’t the right word there because all we can do is abate, a lot of the problems now baked in. So how is it going, and who can actually walk us through that?
  • Robinson Meyer is the founding executive editor of heatmap.news
  • why do all these numbers differ so much? How big is this thing?
  • in electric vehicles and in the effort, kind of this dual effort in the law, to both encourage Americans to buy and use electric vehicles and then also to build a domestic manufacturing base for electric vehicles.
  • on both counts, the data’s really good on electric vehicles. And that’s where we’re getting the fastest response from industry and the clearest response from industry to the law.
  • ROBINSON MEYER: Factories are getting planned. Steel’s going in the ground. The financing for those factories is locked down. It seems like they’re definitely going to happen. They’re permitted. Companies are excited about them. Large Fortune 500 automakers are confidently and with certainty planning for an electric vehicle future, and they’re building the factories to do that in the United States. They’re also building the factories to do that not just in blue states. And so to some degree, we can see the political certainty for electric vehicles going forward.
  • in other parts of the law, partially due to just vagaries of how the law is being implemented, tax credits where the fine print hasn’t worked out yet, it’s too early to say whether the law is working and how it’s going and whether it’s going to accomplish its goal
  • EZRA KLEIN: I always find this very funny in a way. The Congressional Budget Office scored it. They thought it would make about $380 billion in climate investments over a decade. So then you have all these other analyses coming out.
  • But there’s actually this huge range of outcomes in between where the thing passes, and maybe what you wanted to have happen happens. Maybe it doesn’t. Implementation is where all this rubber meets the road
  • the Rhodium Group, which is a consulting firm, they think it could be as high as $522 billion, which is a big difference. Then there’s this Goldman Sachs estimate, which the administration loves, where they say they’re projecting $1.2 trillion in incentives —
  • ROBINSON MEYER: All the numbers differ because most of the important incentives, most of the important tax credits and subsidies in the I.R.A., are uncapped. There’s no limit to how much the government might spend on them. All that matters is that some private citizen or firm or organization come to the government and is like, hey, we did this. You said you’d give us money for it. Give us the money.
  • because of that, different banks have their own energy system models, their own models of the economy. Different research groups have their own models.
  • we know it’s going to be wrong because the Congressional Budget Office is actually quite constrained in how it can predict how these tax credits are taken up. And it’s constrained by the technology that’s out there in the country right now.
  • The C.B.O. can only look at the number of electrolyzers, kind of the existing hydrogen infrastructure in the country, and be like, well, they’re probably all going to use these tax credits. And so I think they said that there would be about $5 billion of take up for the hydrogen tax credits.
  • But sometimes money gets allocated, and then costs overrun, and there delays, and you can’t get the permits, and so on, and the thing never gets built
  • the fact that the estimates are going up is to them early evidence that this is going well. There is a lot of applications. People want the tax credits. They want to build these new factories, et cetera.
  • a huge fallacy that we make in policy all the time is assuming that once money is allocated for something, you get the thing you’re allocating the money for. Noah Smith, the economics writer, likes to call this checkism, that money equals stuff.
  • EZRA KLEIN: They do not want that, and not wanting that and putting every application through a level of scrutiny high enough to try and make sure you don’t have another one
  • I don’t think people think a lot about who is cutting these checks, but a lot of it is happening in this very obscure office of the Department of Energy, the Loan Program Office, which has gone from having $40 billion in lending authority, which is already a big boost over it not existing a couple decades ago, to $400 billion in loan authority,
  • the Loan Program Office as one of the best places we have data on how this is going right now and one of the offices that’s responded fastest to the I.R.A.
  • the Loan Program Office is basically the Department of Energy’s in-house bank, and it’s kind of the closest thing we have in the US to what exists in other countries, like Germany, which is a State development bank that funds projects that are eventually going to be profitable.
  • It has existed for some time. I mean, at first, it kind of was first to play after the Recovery Act of 2009. And in fact, early in its life, it gave a very important loan to Tesla. It gave this almost bridge loan to Tesla that helped Tesla build up manufacturing capacity, and it got Tesla to where it is today.
  • EZRA KLEIN: It’s because one of the questions I have about that office and that you see in some of the coverage of them is they’re very afraid of having another Solyndra.
  • Now, depending on other numbers, including the D.O.E., it’s potentially as high as $100 billion, but that’s because the whole thing about the I.R.A. is it’s meant to encourage the build-out of this hydrogen infrastructure.
  • EZRA KLEIN: I’m never that excited when I see a government loans program turning a profit because I think that tends to mean they’re not making risky enough loans. The point of the government should be to bear quite a bit of risk —
  • And to some degree, Ford now has to compete, and US automakers are trying to catch up with Chinese EV automakers. And its firms have EV battery technology especially, but just have kind of comprehensive understanding of the EV supply chain that no other countries’ companies have
  • ROBINSON MEYER: You’re absolutely right that this is the key question. They gave this $9.2 billion loan to Ford to build these EV battery plants in Kentucky and Tennessee. It’s the largest loan in the office’s history. It actually means that the investment in these factories is going to be entirely covered by the government, which is great for Ford and great for our build-out of EVs
  • And to some degree, I should say, one of the roles of L.P.O. and one of the roles of any kind of State development bank, right, is to loan to these big factory projects that, yes, may eventually be profitable, may, in fact, assuredly be profitable, but just aren’t there yet or need financing that the private market can’t provide. That being said, they have moved very slowly, I think.
  • And they feel like they’re moving quickly. They just got out new guidelines that are supposed to streamline a lot of this. Their core programs, they just redefined and streamlined in the name of speeding them up
  • However, so far, L.P.O. has been quite slow in getting out new loans
  • I want to say that the pressure they’re under is very real. Solyndra was a disaster for the Department of Energy. Whether that was fair or not fair, there’s a real fear that if you make a couple bad loans that go bad in a big way, you will destroy the political support for this program, and the money will be clawed back, a future Republican administration will wreck the office, whatever it might be. So this is not an easy call.
  • when you tell me they just made the biggest loan in their history to Ford, I’m not saying you shouldn’t lend any money to Ford, but when I think of what is the kind of company that cannot raise money on the capital markets, the one that comes to mind is not Ford
  • They have made loans to a number of more risky companies than Ford, but in addition to speed, do you think they are taking bets on the kinds of companies that need bets? It’s a little bit hard for me to believe that it would have been impossible for Ford to figure out how to finance factorie
  • ROBINSON MEYER: Now, I guess what I would say about that is that Ford is — let’s go back to why Solyndra failed, right? Solyndra failed because Chinese solar deluged the market. Now, why did Chinese solar deluge the market? Because there’s such support of Chinese financing from the state for massive solar factories and massive scale.
  • EZRA KLEIN: — the private market can’t. So that’s the meta question I’m asking here. In your view, because you’re tracking this much closer than I am, are they too much under the shadow of Solyndra? Are they being too cautious? Are they getting money out fast enough?
  • ROBINSON MEYER: I think that’s right; that basically, if we think the US should stay competitive and stay as close as it can and not even stay competitive, but catch up with Chinese companies, it is going to require large-scale state support of manufacturing.
  • EZRA KLEIN: OK, that’s fair. I will say, in general, there’s a constant thing you find reporting on government that people in government feel like they are moving very quickly
  • EZRA KLEIN: — given the procedural work they have to go through. And they often are moving very quickly compared to what has been done in that respect before, compared to what they have to get over. They are working weekends, they are working nights, and they are still not actually moving that quickly compared to what a VC firm can do or an investment bank or someone else who doesn’t have the weight of congressional oversight committees potentially calling you in and government procurement rules and all the rest of it.
  • ROBINSON MEYER: I think that’s a theme across the government’s implementation of the I.R.A. right now, is that generally the government feels like it’s moving as fast as it can. And if you look at the Department of Treasury, they feel like we are publishing — basically, the way that most of the I.R.A. subsidies work is that they will eventually be administered by the I.R.S., but first the Department of the Treasury has to write the guidebook for all these subsidies, right?
  • the law says there’s a very general kind of “here’s thousands of dollars for EVs under this circumstance.” Someone still has to go in and write all the fine print. The Department of Treasury is doing that right now for each tax credit, and they have to do that before anyone can claim that tax credit to the I.R.S. Treasury feels like it’s moving extremely quickly. It basically feels like it’s completely at capacity with these, and it’s sequenced these so it feels like it’s getting out the most important tax credits first.
  • Private industry feels like we need certainty. It’s almost a year since the law passed, and you haven’t gotten us the domestic content bonus. You haven’t gotten us the community solar bonus. You haven’t gotten us all these things yet.
  • a theme across the government right now is that the I.R.A. passed. Agencies have to write the regulations for all these tax credits. They feel like they’re moving very quickly, and yet companies feel like they’re not moving fast enough.
  • that’s how we get to this point where we’re 311 days out from the I.R.A. passing, and you’re like, well, has it made a big difference? And I’m like, well, frankly, wind and solar developers broadly don’t feel like they have the full understanding of all the subsidies they need yet to begin making the massive investments
  • I think it’s fair to say maybe the biggest bet on that is green hydrogen, if you’re looking in the bill.
  • We think it’s going to be an important tool in industry. It may be an important tool for storing energy in the power grid. It may be an important tool for anything that needs combustion.
  • ROBINSON MEYER: Yeah, absolutely. So green hydrogen — and let’s just actually talk about hydrogen broadly as this potential tool in the decarbonization tool kit.
  • It’s a molecule. It is a very light element, and you can burn it, but it’s not a fossil fuel. And a lot of the importance of hydrogen kind of comes back to that attribute of it.
  • So when we look at sectors of the economy that are going to be quite hard to decarbonize — and that’s because there is something about fossil fuels chemically that is essential to how that sector works either because they provide combustion heat and steelmaking or because fossil fuels are actually a chemical feedstock where the molecules in the fossil fuel are going into the product or because fossil fuels are so energy dense that you can carry a lot of energy while actually not carrying that much mass — any of those places, that’s where we look at hydrogen as going.
  • green hydrogen is something new, and the size of the bet is huge. So can you talk about first just what is green hydrogen? Because my understanding of it is spotty.
  • The I.R.A. is extremely generous — like extremely, extremely generous — in its hydrogen subsidies
  • The first is for what’s called blue hydrogen, which is hydrogen made from natural gas, where we then capture the carbon dioxide that was released from that process and pump it back into the ground. That’s one thing that’s subsidized. It’s basically subsidized as part of this broader set of packages targeted at carbon capture
  • green hydrogen, which is where we take water, use electrolyzers on it, basically zap it apart, take the hydrogen from the water, and then use that as a fue
  • The I.R.A. subsidies for green hydrogen specifically, which is the one with water and electricity, are so generous that relatively immediately, it’s going to have a negative cost to make green hydrogen. It will cost less than $0 to make green hydrogen. The government’s going to fully cover the cost of producing it.
  • That is intentional because what needs to happen now is that green hydrogen moves into places where we’re using natural gas, other places in the industrial economy, and it needs to be price competitive with those things, with natural gas, for instance. And so as it kind of is transported, it’s going to cost money
  • As you make the investment to replace the technology, it’s going to cost money. And so as the hydrogen moves through the system, it’s going to wind up being price competitive with natural gas, but the subsidies in the bill are so generous that hydrogen will cost less than $0 to make a kilogram of it
  • There seems to be a sense that hydrogen, green hydrogen, is something we sort of know how to make, but we don’t know how to make it cost competitive yet. We don’t know how to infuse it into all the processes that we need to be infused into. And so a place where the I.R.A. is trying to create a reality that does not yet exist is a reality where green hydrogen is widely used, we have to know how to use it, et cetera.
  • And they just seem to think we don’t. And so you need all these factories. You need all this innovation. Like, they have to create a whole innovation and supply chain almost from scratch. Is that right?
  • ROBINSON MEYER: That’s exactly right. There’s a great Department of Energy report that I would actually recommend anyone interested in this read called “The Liftoff Report for Clean Hydrogen.” They made it for a few other technologies. It’s a hundred-page book that’s basically how the D.O.E. believes we’re going to build out a clean hydrogen economy.
  • And, of course, that is policy in its own right because the D.O.E. is saying, here is the years we’re going to invest to have certain infrastructure come online. Here’s what we think we need. That’s kind of a signal to industry that everyone should plan around those years as well.
  • It’s a great book. It’s like the best piece of industrial policy I’ve actually seen from the government at all. But one of the points it makes is that you’re going to make green hydrogen. You’re then going to need to move it. You’re going to need to move it in a pipeline or maybe a truck or maybe in storage tanks that you then cart around.
  • Once it gets to a facility that uses green hydrogen, you’re going to need to store some green hydrogen there in storage tanks on site because you basically need kind of a backup supply in case your main supply fails. All of those things are going to add cost to hydrogen. And not only are they going to add cost, we don’t really know how to do them. We have very few pipelines that are hydrogen ready.
  • All of that investment needs to happen as a result to make the green hydrogen economy come alive. And why it’s so lavishly subsidized is to kind of fund all that downstream investment that’s eventually going to make the economy come true.
  • But a lot of what has to happen here, including once the money is given out, is that things we do know how to build get built, and they get built really fast, and they get built at this crazy scale.
  • So I’ve been reading this paper on what they call “The Greens’ Dilemma” by J.B. Ruhl and James Salzman, who also wrote this paper called “Old Green Laws, New Green Deal,” or something like that. And I think they get at the scale problem here really well.
  • “The largest solar facility currently online in the US is capable of generating 585 megawatts. To meet even a middle-road renewable energy scenario would require bringing online two new 400-megawatt solar power facilities, each taking up at least 2,000 acres of land every week for the next 30 years.”
  • And that’s just solar. We’re not talking wind there. We’re not talking any of the other stuff we’ve discussed here, transmission lines. Can we do that? Do we have that capacity?
  • ROBINSON MEYER: No, we do not. We absolutely do not. I think we’re going to build a ton of wind and solar. We do not right now have the system set up to use that much land to build that much new solar and wind by the time that we need to build it. I think it is partially because of permitting laws, and I think it’s also partially because right now there is no master plan
  • There’s no overarching strategic entity in the government that’s saying, how do we get from all these subsidies in the I.R.A. to net zero? What is our actual plan to get from where we are right now to where we’re emitting zero carbon as an economy? And without that function, no project is essential. No activity that we do absolutely needs to happen, and so therefore everything just kind of proceeds along at a convenient pace.
  • given the scale of what’s being attempted here, you might think that something the I.R.A. does is to have some entity in the government, as you’re saying, say, OK, we need this many solar farms. This is where we think we should put them. Let’s find some people to build them, or let’s build them ourselves.
  • what it actually does is there’s an office somewhere waiting for private companies to send in an application for a tax credit for solar that they say they’re going to build, and then we hope they build it
  • it’s an almost entirely passive process on the part of the government. Entirely would be going too far because I do think they talk to people, and they’re having conversations
  • the builder applies, not the government plans. Is that accurate?
  • ROBINSON MEYER: That’s correct. Yes.
  • ROBINSON MEYER: I think here’s what I would say, and this gets back to what do we want the I.R.A. to do and what are our expectations for the I.R.A
  • If the I.R.A. exists to build out a ton of green capacity and shift the political economy of the country toward being less dominated by fossil fuels and more dominated by the clean energy industry, frankly, then it is working
  • If the I.R.A. is meant to get us all the way to net zero, then it is not capable of that.
  • in 2022, right, we had no way to see how we were going to reduce emissions. We did not know if we were going to get a climate bill at all. Now, we have this really aggressive climate bill, and we’re like, oh, is this going to get us to net zero?
  • But getting to net zero was not even a possibility in 2022.
  • The issue is that the I.R.A. requires, ultimately, private actors to come forward and do these things. And as more and more renewables get onto the grid, almost mechanically, there’s going to be less interest in bringing the final pieces of decarbonized electricity infrastructure onto the grid as well.
  • EZRA KLEIN: Because the first things that get applied for are the ones that are more obviously profitable
  • The issue is when you talk to solar developers, they don’t see it like, “Am I going to make a ton of money, yes or no?” They see it like they have a capital stack, and they have certain incentives and certain ways to make money based off certain things they can do. And as more and more solar gets on the grid, building solar at all becomes less profitable
  • also, just generally, there’s less people willing to buy the solar.
  • as we get closer to a zero-carbon grid, there is this risk that basically less and less gets built because it will become less and less profitable
  • EZRA KLEIN: Let’s call that the last 20 percent risk
  • EZRA KLEIN: — or the last 40 percent. I mean, you can probably attach different numbers to that
  • ROBINSON MEYER: Permitting is the primary thing that is going to hold back any construction basically, especially out West,
  • right now permitting fights, the process under the National Environmental Policy Act just at the federal level, can take 4.5 years
  • let’s say every single project we need to do was applied for today, which is not true — those projects have not yet been applied for — they would be approved under the current permitting schedule in 2027.
  • ROBINSON MEYER: That’s before they get built.
  • Basically nobody on the left talked about permitting five years ago. I don’t want to say literally nobody, but you weren’t hearing it, including in the climate discussion.
  • people have moved to saying we do not have the laws, right, the permitting laws, the procurement laws to do this at the speed we’re promising, and we need to fix that. And then what you’re seeing them propose is kind of tweak oriented,
  • Permitting reform could mean a lot of different things, and Democrats and Republicans have different ideas about what it could mean. Environmental groups, within themselves, have different ideas about what it could mean.
  • for many environmental groups, the permitting process is their main tool. It is how they do the good that they see themselves doing in the world. They use the permitting process to slow down fossil fuel projects, to slow down projects that they see as harming local communities or the local environment.
  • ROBINSON MEYER: So we talk about the National Environmental Policy Act or NEPA. Let’s just start calling it NEPA. We talk about the NEPA process
  • NEPA requires the government basically study any environmental impact from a project or from a decision or from a big rule that could occur.
  • Any giant project in the United States goes through this NEPA process. The federal government studies what the environmental impact of the project will be. Then it makes a decision about whether to approve the project. That decision has nothing to do with the study. Now, notionally, the study is supposed to inform the project.
  • the decision the federal government makes, the actual “can you build this, yes or no,” legally has no connection to the study. But it must conduct the study in order to make that decision.
  • that permitting reform is so tough for the Democratic coalition specifically is that this process of forcing the government to amend its studies of the environmental impact of various decisions is the main tool that environmental litigation groups like Earthjustice use to slow down fossil fuel projects and use to slow down large-scale chemical or industrial projects that they don’t think should happen.
  • when we talk about making this program faster, and when we talk about making it more immune to litigation, they see it as we’re going to take away their main tools to fight fossil fuel infrastructure
  • why there’s this gap between rhetoric and what’s actually being proposed is that the same tool that is slowing down the green build-out is also what’s slowing down the fossil fuel build-out
  • ROBINSON MEYER: They’re the classic conflict here between the environmental movement classic, let’s call it, which was “think globally, act locally,” which said “we’re going to do everything we can to preserve the local environment,” and what the environmental movement and the climate movement, let’s say, needs to do today, which is think globally, act with an eye to what we need globally as well, which is, in some cases, maybe welcome projects that may slightly reduce local environmental quality or may seem to reduce local environmental quality in the name of a decarbonized world.
  • Because if we fill the atmosphere with carbon, nobody’s going to get a good environment.
  • Michael Gerrard, who is professor at Columbia Law School. He’s a founder of the Sabin Center for Climate Change Law there. It’s called “A Time for Triage,” and he has this sort of interesting argument that the environmental movement in general, in his view, is engaged in something he calls trade-off denial.
  • his view and the view of some people is that, look, the climate crisis is so bad that we just have to make those choices. We have to do things we would not have wanted to do to preserve something like the climate in which not just human civilization, but this sort of animal ecosystem, has emerged. But that’s hard, and who gets to decide which trade-offs to make?
  • what you’re not really seeing — not really, I would say, from the administration, even though they have some principles now; not really from California, though Gavin Newsom has a set of early things — is “this is what we think we need to make the I.R.A. happen on time, and this is how we’re going to decide what is a kind of project that gets this speedway through,” w
  • there’s a failure on the part of, let’s say, the environmental coalition writ large to have the courage to have this conversation and to sit down at a table and be like, “OK, we know that certain projects aren’t happening fast enough. We know that we need to build out faster. What could we actually do to the laws to be able to construct things faster and to meet our net-zero targets and to let the I.R.A. kind achieve what it could achieve?”
  • part of the issue is that we’re in this environment where Democrats control the Senate, Republicans control the House, and it feels very unlikely that you could just get “we are going to accelerate projects, but only those that are good for climate change,” into the law given that Republicans control the House.
  • part of the progressive fear here is that the right solutions must recognize climate change. Progressives are very skeptical that there are reforms that are neutral on the existence of climate change and whether we need to build faster to meet those demands that can pass through a Republican-controlled House.
  • one of the implications of that piece was it was maybe a huge mistake for progressives not to have figured out what they wanted here and could accept here, back when the negotiating partner was Joe Manchin.
  • Manchin’s bill is basically a set of moderate NEPA reforms and transmission reforms. Democrats, progressives refuse to move on it. Now, I do want to be fair here because I think Democrats absolutely should have seized on that opportunity, because it was the only moment when — we could tell already that Democrats — I mean, Democrats actually, by that moment, had lost the House.
  • I do want to be fair here that Manchin’s own account of what happened with this bill is that Senate Republicans killed it and that once McConnell failed to negotiate on the bill in December, Manchin’s bill was dead.
  • EZRA KLEIN: It died in both places.ROBINSON MEYER: It died in both places. I think that’s right.
  • Republicans already knew they were going to get the House, too, so they had less incentive to play along. Probably the time for this was October.
  • EZRA KLEIN: But it wasn’t like Democrats were trying to get this one done.
  • EZRA KLEIN: To your point about this was all coming down to the wire, Manchin could have let the I.R.A. pass many months before this, and they would have had more time to negotiate together, right? The fact that it was associated with Manchin in the way it was was also what made it toxic to progressives, who didn’t want to be held up by him anymore.
  • What becomes clear by the winter of this year, February, March of this year, is that as Democrats and Republicans begin to talk through this debt-ceiling process where, again, permitting was not the main focus. It was the federal budget. It was an entirely separate political process, basically.
  • EZRA KLEIN: I would say the core weirdness of the debt-ceiling fight was there was no main focus to it.
  • EZRA KLEIN: It wasn’t like past ones where it was about the debt. Republicans did some stuff to cut spending. They also wanted to cut spending on the I.R.S., which would increase the debt, right? It was a total mishmash of stuff happening in there.
  • That alchemy goes into the final debt-ceiling negotiations, which are between principals in Congress and the White House, and what we get is a set of basically the NEPA reforms in Joe Manchin’s bill from last year and the Mountain Valley pipeline, the thing that environmentalists were focused on blocking, and effectively no transmission reforms.
  • the set of NEPA reforms that were just enacted, that are now in the law, include — basically, the word reasonable has been inserted many times into NEPA. [LAUGHS] So the law, instead of saying the government has to study all environmental impacts, now it has to study reasonable environmental impacts.
  • this is a kind of climate win — has to study the environmental impacts that could result from not doing a project. The kind of average NEPA environmental impact study today is 500 pages and takes 4.5 years to produce. Under the law now, the government is supposed to hit a page limit of 150 to 300 pages.
  • there’s a study that’s very well cited by progressives from three professors in Utah who basically say, well, when you look at the National Forest Service, and you look at this 40,000 NEPA decisions, what mostly holds up these NEPA decisions is not like, oh, there’s too many requirements or they had to study too many things that don’t matter. It’s just there wasn’t enough staff and that staffing is primarily the big impediment. And so on the one hand, I think that’s probably accurate in that these are, in some cases — the beast has been starved, and these are very poorly staffed departments
  • The main progressive demand was just “we must staff it better.”
  • But if it’s taking you this much staffing and that much time to say something doesn’t apply to you, maybe you have a process problem —ROBINSON MEYER: Yes.EZRA KLEIN: — and you shouldn’t just throw endless resources at a broken process, which brings me — because, again, you can fall into this and never get out — I think, to the bigger critique her
  • these bills are almost symbolic because there’s so much else happening, and it’s really the way all this interlocks and the number of possible choke points, that if you touch one of them or even you streamline one of them, it doesn’t necessarily get you that f
  • “All told, over 60 federal permitting programs operate in the infrastructure approval regime, and that is just the federal system. State and local approvals and impact assessments could also apply to any project.”
  • their view is that under this system, it’s simply not possible to build the amount of decarbonization infrastructure we need at the pace we need it; that no amount of streamlining NEPA or streamlining, in California, CEQA will get you there; that we basically have been operating under what they call an environmental grand bargain dating back to the ’70s, where we built all of these processes to slow things down and to clean up the air and clean up the water.
  • we accepted this trade-off of slower building, quite a bit slower building, for a cleaner environment. And that was a good trade. It was addressing the problems of that era
  • now we have the problems of this era, which is we need to unbelievably, rapidly build out decarbonization infrastructure to keep the climate from warming more than we can handle and that we just don’t have a legal regime or anything.
  • You would need to do a whole new grand bargain for this era. And I’ve not seen that many people say that, but it seems true to me
  • the role that America had played in the global economy in the ’50s and ’60s where we had a ton of manufacturing, where we were kind of the factory to a world rebuilding from World War II, was no longer tenable and that, also, we wanted to focus on more of these kind of high-wage, what we would now call knowledge economy jobs.That was a large economic transition happening in the ’70s and ’80s, and it dovetailed really nicely with the environmental grand bargain.
  • At some point, the I.R.A. recognizes that that environmental grand bargain is no longer operative, right, because it says, we’re going to build all this big fiscal fixed infrastructure in the United States, we’re going to become a manufacturing giant again, but there has not been a recognition among either party of what exactly that will mean and what will be required to have it take hold.
  • It must require a form of on-the-ground, inside-the-fenceline, “at the site of the power plant” pollution control technology. The only way to do that, really, is by requiring carbon capture and requiring the large construction of major industrial infrastructure at many, many coal plants and natural gas plants around the country in order to capture carbon so it doesn’t enter the atmosphere, and so we don’t contribute to climate change. That is what the Supreme Court has ruled. Until that body changes, that is going to be the law.
  • So the E.P.A. has now, last month, proposed a new rule under the Clean Air Act that is going to require coal plants and some natural gas plants to install carbon capture technology to do basically what the Supreme Court has all but kind of required the E.P.A. to do
  • the E.P.A. has to demonstrate, in order to kind of make this rule the law and in order to make this rule pass muster with the Supreme Court, that this is tenable, that this is the best available and technologically feasible option
  • that means you actually have to allow carbon capture facilities to get built and you have to create a legal process that will allow carbon capture facilities to get built. And that means you need to be able to tell a power plant operator that if they capture carbon, there’s a way they can inject it back into the ground, the thing that they’re supposed to do with it.
  • Well, E.P.A. simultaneously has only approved the kind of well that you need to inject carbon that you’ve captured from a coal factory or a natural gas line back into the ground. It’s called a Class 6 well. The E.P.A. has only ever approved two Class 6 wells. It takes years for the E.P.A. to approve a Class 6 well.
  • And environmental justice groups really, really oppose these Class 6 wells because they see any carbon capture as an effort to extend the life of the fossil fuel infrastructure
  • The issue here is that it seems like C.C.S., carbon capture, is going to be essential to how the U.S. decarbonizes. Legally, we have no other choice because of the constraints the Supreme Court has placed on the E.P.A.. At the same time, environmental justice groups, and big green groups to some extent, oppose building out any C.C.S.
  • to be fair to them, right, they would say there are other ways to decarbonize. That may not be the way we’ve chosen because the politics weren’t there for it, but there are a lot of these groups that believe you could have 100 percent renewables, do not use all that much carbon capture, right? They would have liked to see a different decarbonization path taken too. I’m not sure that path is realistic.
  • what you do see are environmental groups opposing making it possible to build C.C.S. anywhere in the country at all.
  • EZRA KLEIN: The only point I’m making here is I think this is where you see a compromise a lot of them didn’t want to make —ROBINSON MEYER: Exactly, yeah.EZRA KLEIN: — which is a decarbonization strategy that actually does extend the life cycle of a lot of fossil fuel infrastructure using carbon capture. And because they never bought onto it, they’re still using the pathway they have to try to block it. The problem is that’s part of the path that’s now been chosen. So if you block it, you just don’t decarbonize. It’s not like you get the 100 percent renewable strategy.
  • ROBINSON MEYER: Exactly. The bargain that will emerge from that set of actions and that set of coalitional trade-offs is we will simply keep running this, and we will not cap it.
  • What could be possible is that progressives and Democrats and the E.P.A. turns around and says, “Oh, that’s fine. You can do C.C.S. You just have to cap every single stationary source in the country.” Like, “You want to do C.C.S.? We totally agree. Essential. You must put CSS infrastructure on every power plant, on every factory that burns fossil fuels, on everything.”
  • If progressives were to do that and were to get it into the law — and there’s nothing the Supreme Court has said, by the way, that would limit progressives from doing that — the upshot would be we shut down a ton more stationary sources and a ton more petrochemical refineries and these bad facilities that groups don’t want than we would under the current plan.
  • what is effectively going to happen is that way more factories and power plants stay open and uncapped than would be otherwise.
  • EZRA KLEIN: So Republican-controlled states are just on track to get a lot more of it. So the Rocky Mountain Institute estimates that red states will get $623 billion in investments by 2030 compared to $354 billion for blue states.
  • why are red states getting so much more of this money?
  • ROBINSON MEYER: I think there’s two reasons. I think, first of all, red states have been more enthusiastic about getting the money. They’re the ones giving away the tax credits. They have a business-friendly environment. And ultimately, the way many, many of these red-state governors see it is that these are just businesses.
  • I think the other thing is that these states, many of them, are right-to-work states. And so they might pay their workers less. They certainly face much less risk financially from a unionization campaign in their state.
  • regardless of the I.R.A., that’s where manufacturing and industrial investment goes in the first place. And that’s where it’s been going for 20 years because of the set of business-friendly and local subsidies and right-to-work policies.
  • I think the administration would say, we want this to be a big union-led effort. We want it to go to the Great Lakes states that are our political firewall.
  • and it would go to red states, because that’s where private industry has been locating since the ’70s and ’80s, and it would go to the Southeast, right, and the Sunbelt, and that that wouldn’t be so bad because then you would get a dynamic where red-state senators, red-state representatives, red-state governors would want to support the transition further and would certainly not support the repeal of the I.R.A. provisions and the repeal of climate provisions, and that you’d get this kind of nice vortex of the investment goes to red states, red states feel less antagonistic toward climate policies, more investment goes to red states. Red-state governors might even begin to support environmental regulation because that basically locks in benefits and advantages to the companies located in their states already.
  • I think what you see is that Republicans are increasingly warming to EV investment, and it’s actually building out renewables and actually building out clean electricity generation, where you see them fighting harder.
  • The other way that permitting matters — and this gets into the broader reason why private investment was generally going to red states and generally going to the Sunbelt — is that the Sunbelt states — Georgia, Texas — it’s easier to be there as a company because housing costs are lower and because the cost of living is lower in those states.
  • it’s also partially because the Sunbelt and the Southeast, it was like the last part of the country to develop, frankly, and there’s just a ton more land around all the cities, and so you can get away with the sprawling suburban growth model in those citie
  • It’s just cheaper to keep building suburbs there.
  • EZRA KLEIN: So how are you seeing the fights over these rare-earth metals and the effort to build a safe and, if not domestic, kind of friend-shored supply chain there?
  • Are we going to be able to source some of these minerals from the U.S.? That process seems to be proceeding but going slowly. There are some minerals we’re not going to be able to get from the United States at all and are going to have to get from our allies and partners across the world.
  • The kind of open question there is what exactly is the bargain we’re going to strike with countries that have these critical minerals, and will it be fair to those countries?
  • it isn’t to say that I think the I.R.A. on net is going to be bad for other countries. I just think we haven’t really figured out what deal and even what mechanisms we can use across the government to strike deals with other countries to mine the minerals in those countries while being fair and just and creating the kind of economic arrangement that those countries want.
  • , let’s say we get the minerals. Let’s say we learn how to refine them. There is many parts of the battery and many parts of EVs and many, many subcomponents in these green systems that there’s not as strong incentive to produce in the U.S.
  • at the same time, there’s a ton of technology. One answer to that might be to say, OK, well, what the federal government should do is just make it illegal for any of these battery makers or any of these EV companies to work with Chinese companies, so then we’ll definitely establish this parallel supply chain. We’ll learn how to make cathodes and anodes. We’ll figure it out
  • The issue is that there’s technology on the frontier that only Chinese companies have, and U.S. automakers need to work with those companies in order to be able to compete with them eventually.
  • EZRA KLEIN: How much easier would it be to achieve the I.R.A.’s goals if America’s relationship with China was more like its relationship with Germany?
  • ROBINSON MEYER: It would be significantly easier, and I think we’d view this entire challenge very differently, because China, as you said, not only is a leader in renewable energy. It actually made a lot of the important technological gains over the past 15 years to reducing the cost of solar and wind. It really did play a huge role on the supply side of reducing the cost of these technologies.
  • If we could approach that, if China were like Germany, if China were like Japan, and we could say, “Oh, this is great. China’s just going to make all these things. Our friend, China, is just going to make all these technologies, and we’re going to import them.
  • So it refines 75 percent of the polysilicon that you need for solar, but the machines that do the refining, 99 percent of them are made in China. I think it would be reckless for the U.S. to kind of rely on a single country and for the world to rely on a single country to produce the technologies that we need for decarbonization and unwise, regardless of our relationship with that country.
  • We want to geographically diversify the supply chain more, but it would be significantly easier if we did not have to also factor into this the possibility that the US is going to need to have an entirely separate supply chain to make use of for EVs, solar panels, wind turbines, batteries potentially in the near-term future.
  • , what are three other books they should read?
  • The first book is called “The End of the World” by Peter Brannen. It’s a book that’s a history of mass extinctions, the Earth’s five mass extinctions, and, actually, why he doesn’t think we’re currently in a mass extinction or why, at least, things would need to go just as bad as they are right now for thousands and thousands of years for us to be in basically the sixth extinction.
  • The book’s amazing for two reasons. The first is that it is the first that really got me to understand deep time.
  • he explains how one kind of triggered the next one. It is also an amazing book for understanding the centrality of carbon to Earth’s geological history going as far back as, basically, we can track.
  • “Climate Shock” by Gernot Wagner and Marty Weitzman. It’s about the economics of climate change
  • Marty Weitzman, who I think, until recently, was kind of the also-ran important economist of climate change. Nordhaus was the famous economist. He was the one who got all attention. He’s the one who won the Nobel.
  • He focuses on risk and that climate change is specifically bad because it will damage the environment, because it will make our lives worse, but it’s really specifically bad because we don’t know how bad it will be
  • it imposes all these huge, high end-tail risks and that blocking those tail risks is actually the main thing we want to do with climate policy.
  • That is I think, in some ways, what has become the U.S. approach to climate change and, to some degree, to the underlying economic thinking that drives even the I.R.A., where we want to just cut off these high-end mega warming scenarios. And this is a fantastic explanation of that particular way of thinking and of how to apply that way of thinking to climate change and also to geoengineerin
  • The third book, a little controversial, is called “Shorting the Grid” by Meredith Angwin
  • her argument is basically that electricity markets are not the right structure to organize our electricity system, and because we have chosen markets as a structured, organized electricity system in many states, we’re giving preferential treatment to natural gas and renewables, two fuels that I think climate activists may feel very different ways about, instead of coal, which she does think we should phase out, and, really, nuclear
  • By making it easier for renewables and natural gas to kind of accept these side payments, we made them much more profitable and therefore encouraged people to build more of them and therefore underinvested in the forms of generation, such as nuclear, that actually make most of their money by selling electrons to the grid, where they go to people’s homes.
katieb0305

Justice Dept. Strongly Discouraged Comey on Move in Clinton Email Case - The New York T... - 0 views

  • The day before the F.B.I. director, James B. Comey, sent a letter to Congress announcing that new evidence had been discovered that may be related to the completed Hillary Clinton email investigation, the Justice Department strongly discouraged the step and told him that he would be breaking with longstanding policy, three law enforcement officials said on Saturday.
  • Senior Justice Department officials did not move to stop him from sending the letter, officials said, but they did everything short of it, pointing to policies against talking about current criminal investigations or being seen as meddling in elections.
  • Justice Department officials were particularly puzzled about why Mr. Comey had alerted Congress — and by extension, the public — before agents even began reading the newly discovered emails to determine whether they contained classified information or added new facts to the case.
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  • but there is no chance that the review will be completed before Election Day, several law enforcement officials said.
  • disgraced former congressman Anthony D. Weiner — opened Mr. Comey up to fierce criticism not only from Democrats but also from current and former officials at the F.B.I. and the Justice Department, including Republicans.
  • The letter is also the latest example of an at-times strained relationship between the Justice Department and Mr. Comey, who technically answers to the attorney general but who — on issues of race, encryption, policing and, most notably, the Clinton investigation — has branded himself as someone who operates outside Washington’s typical chain of command.
  • about the new emails far outweighed concerns about the department guidelines, one senior law enforcement official said.
  • Under Justice Department policy, restated each election cycle, politics should play no role in any investigative decisions.
  • Mr. Weiner had sent illicit text messages to a 15-year-old girl in North Carolina, top prosecutors in Charlotte and Manhattan jockeyed for the case
  • F.B.I.’s New York field office understood that the Weiner investigation could possibly turn up additional emails related to Mrs. Clinton’s private server, according to a senior federal law enforcement official. Mr. Weiner’s estranged wife, Huma Abedin, is a top adviser to Mrs. Clinton.
  • During the course of searching the seized devices, the F.B.I. discovered thousands of emails, according to senior law enforcement officials, some of them sent between Ms. Abedin and other Clinton aides.
  • The government has not yet concluded that the new emails contain classified information, but investigators felt obligated to look.
  • which said emails had surfaced in a case unrelated to the Clinton case. Mr. Comey said that the F.B.I. would review the emails to determine if they improperly contained classified information, adding that the emails “appear to be pertinent.”
  • They charged that just 11 days before an election, he was unnecessarily inserting himself into politics.
brickol

Job Vacancies and Inexperience Mar Federal Response to Coronavirus - The New York Times - 0 views

  • Of the 75 senior positions at the Department of Homeland Security, 20 are either vacant or filled by acting officials
  • The National Park Service, which like many federal agencies is full of vacancies in key posts, tried this week to fill the job of a director for the national capital region after hordes of visitors flocked to see the cherry blossoms near the National Mall, creating a potential public health hazard as the coronavirus continues to spread.
  • At the Department of Veterans Affairs, workers are scrambling to order medical supplies on Amazon after its leaders, lacking experience in disaster responses, failed to prepare for the onslaught of patients at its medical centers.
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  • Ever since President Trump came into office, a record high turnover and unfilled jobs have emptied offices across wide sections of the federal bureaucracy. Now, current and former administration officials and disaster experts say the coronavirus has exposed those failings as never before and left parts of the federal government unprepared and ill equipped for what may be the largest public health crisis in a century.
  • Some 80 percent of the senior positions in the White House below the cabinet level have turned over during Mr. Trump’s administration, with about 500 people having departed since the inauguration
  • Between Mr. Trump’s history of firing people and the choice by many career officials and political appointees to leave, he now finds himself with a government riddled with vacancies, acting department chiefs and, in some cases, leaders whose professional backgrounds do not easily match up to the task of managing a pandemic.
  • Equally notable may have been the resignation last year of Scott Gottlieb, the commissioner of the Food and Drug Administration, who was an early advocate for broad coronavirus testing and stronger mitigation policies. He was succeeded by Dr. Stephen M. Hahn, a noted oncologist, who has struggled during Senate hearings to explain some of his positions. The agency is largely viewed as slow in engaging the private sector to develop tests for the coronavirus. Many members of Mr. Gottlieb’s team departed with him, leaving the agency with many people new to their jobs.
  • The Department of Homeland Security, the agency tasked with screening at airports and carrying out the travel restrictions that were Mr. Trump’s first major action to combat the coronavirus, is full of vacancies. Of the 75 senior positions listed on the department’s website, 20 are either vacant or filled by acting officials.
  • Even National Park Service vacancies have taken a toll. The park service — which has its own police force — in recent days closed some parking lots near the Tidal Basin on the National Mall, where the cherry blossoms attract huge crowds each year, and urged people to stay away. Mayor Muriel Bowser stepped in and limited access to the area and sent police officers and members of the National Guard to enforce the shutdown.
  • Even the Pentagon, which is broadly viewed as better positioned than many other agencies for the pandemic response, is not immune. More than a third of all Senate-confirmed civilian positions at the Defense Department are vacant or filled by temporary officials, a peak level for the administration outside of the transition period, according to Pentagon statistics. Of 60 senior positions, 21 lack permanent appointees.
aidenborst

Merrick Garland finally got his Senate vote. Now comes the hard part - CNNPolitics - 0 views

  • Merrick Garland faces multiple crises to address and politically tough decisions to make as he belatedly takes the reins at the Justice Department as attorney general.
  • He'll try to heal a workforce that was battered during the Trump era, deliver on President Joe Biden's liberal priorities and campaign promises and oversee some of the most complex investigations in a generation.
  • Garland got a bipartisan nod of approval of 70-30, earning the support of 20 Republicans in a Senate where zero-sum partisanship is the new normal. But that was the easy part for Garland, who's been a federal appellate judge since 1997.
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  • "He is exactly what the DOJ needs at this historic moment in our nation's history," said Michael Zeldin, a former CNN contributor who previously served in several senior roles at the Justice Department. "He knows the department, he's a legal scholar, and he recognizes the inflection point the criminal justice system is at and understands the imperative of getting it right."
  • Some issues percolated to the front-burner before Garland was confirmed. Under Biden, the Justice Department already revoked some hardline immigration policies and told the Supreme Court that it was reversing the Trump-era position that the Affordable Care Act is unconstitutional.
  • Other issues pose long-term challenges. Biden made big promises on criminal justice and police reform. At the peak of last summer's protests against racial inequality, Biden said at an NAACP town hall that the US had reached "a moment where we must make substantive changes now."
  • Another related priority looms at the Justice Department. Biden vowed to crack down on White supremacists and right-wing extremist groups. It's now up to Garland to make that happen.
  • "Garland will be watched closely for his handling of domestic terrorism matters," said Jessica Carmichael, a DC-area defense attorney who specializes in privacy and surveillance issues. "I hope (that he) approaches this issue in keeping with a broader goal of criminal justice reform and not simply advocating for more criminal laws, more surveillance, and more incarceration."
  • It will be an uphill climb -- especially in this heated political climate and with disinformation running rampant -- to convince Americans that these investigations are being handled without bias. After repeated abuses and attempts by Trump to politicize the Justice Department, experts have said that it could take many years to restore the public's faith in federal law enforcement.
  • If Democrats stay united, they can confirm Lisa Monaco to the No. 2 post, Vanita Gupta to the No. 3 spot, and Kristen Clarke to run the Civil Rights Division. But the GOP hasn't made it easy.
  • Gorelick continued, "He was talking about the Justice Department as 'we' during his confirmation hearing because he grew up there, and it will be very natural for him to return."
Javier E

With Department Stores Disappearing, Malls Could Be Next - The New York Times - 0 views

  • The standard American mall — with its vast parking lots, escalators and air conditioning, and an atmosphere heavy on perfume samples and the scent of Mrs. Fields cookies — was built around department stores. But the pandemic has been devastating for the retail industry and many of those stores are disappearing at a rapid clip. Some chains are unable to pay rent and prominent department store chains including Neiman Marcus, as well as J.C. Penney, have filed for bankruptcy protection. As they close stores, it could cause other tenants to abandon malls at the same time as large specialty chains like Victoria’s Secret are shrinking.
  • Malls were already facing pressure from online shopping, but analysts now say that hundreds are at risk of closing in the next five years. That has the potential to reshape the suburbs, with many communities already debating whether abandoned malls can be turned into local markets or office space, even affordable housing.
  • she anticipated that about 25 percent of the country’s nearly 1,200 malls were in danger.
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  • more than half of all mall-based department stores would close by the end of 2021.
  • Many small mall retailers have clauses in their leases — so-called co-tenancy clauses — that allow them to pay reduced rent or even break the lease if two or more anchor stores leave a location.
  • Mr. Tibone said he was pessimistic about the ability of most malls to fill vacant spaces, especially during the pandemic. Entertainment options like Dave & Buster’s are off the table, for instance.
  • Macy’s, which also owns Bloomingdale’s, said in February that it would close 125 stores in “lower-tier malls” during the next three years, and Nordstrom just recently said it would close 16 of its 116 full-line department stores. While Neiman Marcus, which filed for bankruptcy in May, said it plans to reopen all its stores, landlords are watching warily.
  • Already this year, Victoria’s Secret said it would close 250 stores in North America, while the Gap brand is closing at least 170 stores globally. Financial troubles are plaguing mall chain companies like Ascena Retail, which owns Ann Taylor and Loft, and the owner of New York & Company. And bankruptcies since early 2019 have included mall staples like Forever 21, Things Remembered, Payless ShoeSource and GNC. Lucky Brand Dungarees filed for bankruptcy on Friday.
rerobinson03

Hunter Biden Discloses He Is Focus of Federal Tax Inquiry - The New York Times - 0 views

  • The investigation is being led by the U.S. attorney’s office in Delaware. It was opened in late 2018 and has included inquiries into potential criminal violations of tax and money laundering laws, according to people familiar with the inquiry.
  • The inquiry was focused on Hunter Biden and some of his associates, not the president-elect or other family members, two people familiar with it said.
  • The timing means it is possible that one of the last decisions of the Trump Justice Department could be about a potential case against the son of the incoming president, if investigators uncover enough evidence to go forward.
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  • Mr. Biden has long been an intense target of Mr. Trump and his allies over the range of business ventures he pursued around the world during his father’s time as vice president and beyond
  • The investigation could also complicate Mr. Biden’s efforts to instill public confidence that the department can operate independent of the personal interests of the president after it became deeply politicized under President Trump. L
  • “It’s not my Justice Department. It’s the people’s Justice Department.”
  • t also means that Mr. Biden will most likely come into office as the Justice Department is actively investigating his son, a case his political opponents are certain to seize on to try to damage the early days of his presidency.
  • Mr. Biden and a group of partners — including his uncle James Biden, the president-elect’s brother — were also involved in negotiations about a joint venture with a Chinese energy and finance company called CEFC China Energy in 2017, documents provided by a jilted former business partner show.
  • The Republican report, which was released weeks before Election Day in an apparent effort to damage the Biden campaign, found no evidence of improper influence or wrongdoing by the former vice president.
  • Efforts by Mr. Trump and his supporters to damage Mr. Biden’s presidential campaign took on new urgency in October after The New York Post published reports based on files from a laptop that appeared to have belonged to Hunter Biden. The Post, which obtained materials from Mr. Trump’s personal lawyer Rudolph W. Giuliani, reported that the laptop had been seized by the F.B.I.
  • The Biden team has rejected some of the claims made in the Post articles, but has not disputed the authenticity of the files upon which they were based.
  • Mr. Trump and his allies openly pressed the Justice Department to disclose negative information about Mr. Biden ahead of the election, but investigators did not make overt moves that would have exposed the investigation before the ballots were cast.
Javier E

5 Big Banks Expected to Plead Guilty to Felony Charges, but Punishments May Be Tempered... - 0 views

  • For most people, pleading guilty to a felony means they will very likely land in prison, lose their job and forfeit their right to vote.
  • The Justice Department negotiations coincide with the banks’ separate efforts to persuade the S.E.C. to issue waivers from automatic bans that occur when a company pleads guilty. If the waivers are not granted, a decision that the Justice Department does not control, the banks could face significant consequences.
  • Most if not all of the pleas are expected to come from the banks’ holding companies, the people said — a first for Wall Street giants that until now have had only subsidiaries or their biggest banking units plead guilty.
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  • The Justice Department is also preparing to resolve accusations of foreign currency misconduct at UBS. As part of that deal, prosecutors are taking the rare step of tearing up a 2012 nonprosecution agreement with the bank over the manipulation of benchmark interest rates, the people said, citing the bank’s foreign currency misconduct as a violation of the earlier agreement.
  • The guilty pleas, scarlet letters affixed to banks of this size and significance, represent another prosecutorial milestone in a broader effort to crack down on financial misdeeds. Yet as much as prosecutors want to punish banks for misdeeds, they are also mindful that too harsh a penalty could imperil banks that are at the heart of the global economy, a balancing act that could produce pleas that are more symbolic than sweeping.
  • While the S.E.C.’s five commissioners have not yet voted on the requests for waivers, which would allow the banks to conduct business as usual despite being felons, the people briefed on the matter expected a majority of commissioners to grant them.
  • In reality, those accommodations render the plea deals, at least in part, an exercise in stagecraft. And while banks might prefer a deferred-prosecution agreement that suspends charges in exchange for fines and other concessions — or a nonprosecution deal like the one that UBS is on the verge of losing — the reputational blow of being a felon does not spell disaster.
  • The action against UBS underscores the threats that Justice Department officials issued in recent months about voiding past deals in the event of new misdeeds, a central tactic in a plan to address the cycle of corporate recidivism. Leslie Caldwell, the head of the Justice Department’s criminal division, recently remarked that she “will not hesitate to tear up a D.P.A. or N.P.A. and file criminal charges where such action is appropriate.”
  • But when five of the world’s biggest banks plead guilty to an array of antitrust and fraud charges as soon as next week, life will go on, probably without much of a hiccup.
  • For example, some banks may be seeking waivers to a ban on overseeing mutual funds, one of the people said. They are also requesting waivers to ensure they do not lose their special status as “well-known seasoned issuers,” which allows them to fast-track securities offerings. For some of the banks, there is also a concern that they will lose their “safe harbor” status for making forward-looking statements in securities documents.
  • it seemed probable that a majority of the S.E.C.’s commissioners would approve most of the waivers, which can be granted for a cause like the public good. Still, the agency’s two Democratic commissioners — Kara M. Stein and Luis A. Aguilar, who have denounced the S.E.C.’s use of waivers — might be more likely to balk.
  • Senator Elizabeth Warren, Democrat of Massachusetts, and other liberal politicians have criticized prosecutors for treating Wall Street with kid gloves. Banks and their lawyers, however, complain about huge penalties and guilty pleas.
  • lingering in the background is the case of Arthur Andersen, an accounting giant that imploded after being convicted in 2002 of criminal charges related to its work for Enron. After the firm’s collapse, and the later reversal of its conviction, prosecutors began to shift from indictments and guilty pleas to deferred-prosecution agreements. And in 2008, the Justice Department updated guidelines for prosecuting corporations, which have long included a requirement that prosecutors weigh collateral consequences like harm to shareholders and innocent employees.
  • “The collateral consequences consideration is designed to address the risk that a particular criminal charge might inflict disproportionate harm to shareholders, pension holders and employees who are not even alleged to be culpable or to have profited potentially from wrongdoing,” said Mark Filip, the Justice Department official who wrote the 2008 memo. “Arthur Andersen was ultimately never convicted of anything, but the mere act of indicting it destroyed one of the cornerstones of the Midwest’s economy.”
  • After years of deferred-prosecution agreements, the pendulum swung back in favor of guilty pleas in 2012
  • In pursuing cases last year against Credit Suisse and BNP Paribas, prosecutors confronted the popular belief that banks had grown so important to the economy that they could not be charged
  • Yet after prosecutors announced the deals, the banks’ chief executives promptly assured investors that the effect would be minimal.“Apart from the impact of the fine, BNP Paribas will once again post solid results this quarter,” BNP’s chief, Jean-Laurent Bonnafé, said.Brady Dougan, Credit Suisse’s chief at the time, said the deal would not cause “any material impact on our operational or business capabilities.”
jlessner

Police Keep Using Chokeholds, Despite Bans and Scrutiny - NYTimes.com - 0 views

  • Before pepper spray, Tasers, expandable batons and portable radios, New York police officers facing resistance from a criminal suspect had another option: the chokehold. By 1993, though, the New York Police Department had joined departments in other large cities by banning the chokehold with an order that amounted to, in the words of former Chief of Department John F. Timoney: “Stay the hell away from the neck.”
  • The public anger that followed a grand jury’s decision not to indict the officer fueled demonstrations across the country, and in New York, the protests laid bare a rift between Mayor Bill de Blasio and the police.
  • On Monday, the newly created city inspector general for the Police Department said, in its first report, that in several cases reviewed, police officers went to the move as a “first act of physical force” when facing “mere verbal confrontation.”
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  • And, as the Police Department, prompted by Mr. Garner’s death, undertakes a sweeping review of its use-of-force policies, senior commanders have been taking a hard look at the chokehold ban.
katyshannon

Justice Department Sues Ferguson After City Amends Police Reform Deal : The Two-Way : NPR - 0 views

  • The U.S. Department of Justice is suing the city of Ferguson, Mo., for unjust policing that violates the civil and constitutional rights of citizens, Attorney General Loretta Lynch announced Wednesday.
  • The lawsuit came one day after the Ferguson City Council voted to change a proposed consent decree to reform the police and courts. The council said the package, which had been negotiated between the DOJ and city officials, cost too much.
  • In a news conference, Lynch said the DOJ was sensitive to the city's cost concerns throughout the months-long negotiation. She also said, "There is no price for constitutional policing."
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  • "A few weeks ago, the Department of Justice and Ferguson's own negotiators came to an agreement that was both fair and cost-effective — and that would provide all the residents of Ferguson the constitutional and effective policing and court practices guaranteed to all Americans. As agreed, it was presented to the Ferguson City Council for approval or rejection. And last night, the city council rejected the consent decree approved by their own negotiators. Their decision leaves us no further choice."
  • She also said she was disappointed that Ferguson had not approved the deal, as the goal of the negotiation was to avoid litigation.
  • A year after the DOJ announced the findings of its investigation into the Ferguson Police Department, Lynch said the people of Ferguson should not have to wait any longer for "their city to adopt an agreement that would protect their rights and keep them safe." She said the violations by the police and courts in Ferguson "were not only egregious — they were routine."
  • The lawsuit alleges a "pattern or practice of law enforcement conduct that violates the First, Fourth and 14th Amendments of the Constitution and federal civil rights laws," Lynch said. "We intend to aggressively prosecute this case and I have no doubt that we will prevail."
drewmangan1

Has Obama administration's stepped-up pressure on police departments worked? - LA Times - 0 views

  • In the previous four years under President George W. Bush, the Justice Department had stopped taking police departments to court over allegations of misconduct or violations of civil rights.
  • In the nearly seven years since Obama came to office, his Justice Department has investigated 21 police departments -- big departments, including New Orleans and Detroit, and small ones, such as East Haven and Ferguson, Mo. 
Javier E

States and experts begin pursuing a coronavirus national strategy in absence of White H... - 0 views

  • A national plan to fight the coronavirus pandemic in the United States and return Americans to jobs and classrooms is emerging — but not from the White House.
  • a collection of governors, former government officials, disease specialists and nonprofits are pursuing a strategy that relies on the three pillars of disease control:
  • Ramp up testing to identify people who are infected.
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  • Find everyone they interact with by deploying contact tracing on a scale America has never attempted before.
  • focus restrictions more narrowly on the infected and their contacts so the rest of society doesn’t have to stay in permanent lockdown.
  • Instead, the president and his top advisers have fixated almost exclusively on plans to reopen the U.S. economy by the end of the month, though they haven’t detailed how they will do so without triggering another outbreak
  • Administration officials, speaking on the condition of anonymity to describe internal deliberations, say the White House has made a deliberate political calculation that it will better serve Trump’s interest to put the onus on governors — rather than the federal government — to figure out how to move ahead.
  • without substantial federal funding, states’ efforts will only go so far
  • The next failure is already on its way, Frieden said, because “we’re not doing the things we need to be doing in April.”
  • In recent days, dozens of leading voices have coalesced around the test-trace-quarantine framework, including former FDA commissioners for the Trump and George W. Bush administrations, Microsoft founder Bill Gates and top experts at Johns Hopkins, Columbia and Harvard universities.
  • On Wednesday, former president Barack Obama weighed in, tweeting, “Social distancing bends the curve and relieves some pressure … But in order to shift off current policies, the key will be a robust system of testing and monitoring — something we have yet to put in place nationwide.”
  • And Friday, Apple and Google unveiled a joint effort on new tools that would use smartphones to aid in contact tracing.
  • What remains unclear is whether this emerging plan can succeed without the backing of the federal government.
  • “It’s mind-boggling, actually, the degree of disorganization,” said Tom Frieden, former Centers for Disease Control and Prevention director. The federal government has already squandered February and March, he noted, committing “epic failures” on testing kits, ventilator supply, protective equipment for health workers and contradictory public health communication.
  • In South Korea, Taiwan, China and Singapore, variations on this basic strategy were implemented by their national governments, allowing them to keep the virus in check even as they reopened parts of their economy and society
  • In America, testing — while still woefully behind — is ramping up. And households across the country have learned over the past month how to quarantine. But when it comes to the second pillar of the plan — the labor-intensive work of contact tracing — local health departments lack the necessary staff, money and training.
  • Experts and leaders in some states say remedying that weakness should be a priority and health departments should be rapidly shored up so that they are ready to act in coming weeks as infections nationwide begin to decrease
  • In a report released Friday, the Johns Hopkins Center for Health Security and the Association of State and Territorial Health Officials — which represents state health departments — estimate 100,000 additional contact tracers are needed and call for $3.6 billion in emergency funding from Congress.
  • “We can’t afford to have multiple community outbreaks that can spiral up into sustained community transmission,” he said in the interview.
  • Unless states can aggressively trace and isolate the virus, experts say, there will be new outbreaks and another round of disruptive stay-at-home orders.
  • “All people are talking about right now is hospital beds, ventilators, testing, testing, testing. Yes, those are important, but they are all reactive. You are dealing with the symptoms and not the virus itself,”
  • “You will never beat a virus like this one unless you get ahead of it. America must not just flatten the curve but get ahead of the curve.”
  • Testing on its own is useless, Nyenswah explained, because it only tells you who already has the virus. Similarly, tracing alone is useless if you don’t place those you find into quarantine. But when all three are implemented, the chain of transmission can be shattered.
  • Until a vaccine or treatment is developed, such nonpharmaceutical interventions are the only tools countries can rely on — besides locking down their cities.
  • to expand that in a country as large as the United States will require a massive dose of money, leadership and political will.
  • “You cannot have leaders contradicting each other every day. You cannot have states waiting on the federal government to act, and government telling the states to figure it out on their own,” he said. “You need a plan.”
  • When Vermont’s first coronavirus case was detected last month, it took two state health workers a day to track down 13 people who came into contact with that single patient. They put them under quarantine and started monitoring for symptoms. No one else became sick.
  • He did the math: If each of those 30 patients had contact with even three people, that meant 90 people his crew would have to locate and get into quarantine. In other words, impossible.
  • Since 2008, city and county health agencies have lost almost a quarter of their overall workforce. Decades of budget cuts have left the them unable to mount such a response. State health departments have recently had to lay off thousands more — an unintended consequence of federal officials delaying tax filings until July without warning states.
  • In Wuhan, a city of 11 million, the Chinese had 9,000 health workers doing contact tracing, said Frieden, the former CDC director. He estimates authorities would need roughly one contact tracer for every four cases in the United States.
  • “In the second wave, we have to have testing, a resource base, and a contact-tracing base that is so much more scaled up than right now,” he said. “It’s an enormous challenge.”
  • Gov. Charlie Baker (R) partnered with an international nonprofit group based in Boston
  • The nonprofit Partners in Health quickly put together a plan to hire and train 1,000 contact tracers. Working from their homes making 20 to 30 calls a day, they could cover up to 20,000 contacts a day.
  • The group is paying new hires roughly the same salary as census takers, more than $20 an hour. As of Tuesday — just four days after the initial announcement — the group had received 7,000 applicants and hired 150.
  • “There’s a huge untapped resource of people in America if we would just ask.”
  • “There needs to be a crash course in contact tracing because a lot of the health departments where this is going to need to happen are already kind of flat-out just trying to respond to the crisis at hand,”
  • Experts have proposed transforming the Peace Corps — which suspended global operations last month and recalled 7,000 volunteers to America — into a national response corps that could perform many tasks, including contact tracing.
  • On Wednesday, the editor in chief of JAMA, a leading medical journal, proposed suspending the first year of training for America’s 20,000 incoming medical students and deploying them as a medical corps to support the “test, trace, track, and quarantine strategy.”
  • The national organization for local STD programs says $200 million could add roughly 1,850 specialists, more than doubling that current workforce.
  • Technology could also turn out to be pivotal. But the invasive nature of cellphone tracking and apps raises concerns about civil liberties.
  • Such technology could take over some of what contact tracers do in interviews: build a contact history for each confirmed patient and find those possibly exposed. Doing that digitally could speed up the process — critical in containing an outbreak — and less laborious.
  • In China, authorities combined the nation’s vast surveillance apparatus with apps and cellphone data to track people’s movements. If someone they came across is later confirmed as infected, an app alerts them to stay at home.
  • In the United States, about 20 technology companies are trying to create a contact tracing app using geolocation data or Bluetooth pings on cellphones
ethanshilling

Police Mishandled Black Lives Matter Protests, Reports Say - The New York Times - 0 views

  • For many long weeks last summer, protesters in American cities faced off against their own police forces in what proved to be, for major law enforcement agencies across the country, a startling display of violence and disarray.
  • In Philadelphia, police sprayed tear gas on a crowd of mainly peaceful protesters trapped on an interstate who had nowhere to go and no way to breathe.
  • In Chicago, officers were given arrest kits so old that the plastic handcuffs were decayed or broken. Los Angeles officers were issued highly technical foam-projectile launchers for crowd control, but many of them had only two hours of training
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  • Now, months after the demonstrations that followed the killing of George Floyd by the Minneapolis police in May, the full scope of the country’s policing response is becoming clearer.
  • In city after city, the reports are a damning indictment of police forces that were poorly trained, heavily militarized and stunningly unprepared for the possibility that large numbers of people would surge into the streets
  • The New York Times reviewed reports by outside investigators, watchdogs and consultants analyzing the police response to protests in nine major cities, including four of the nation’s largest.
  • Almost uniformly, the reports said departments need more training in how to handle large protests.
  • Those first days of protest after Mr. Floyd’s killing presented an extraordinary law enforcement challenge, experts say, one that few departments were prepared to tackle.
  • The reports are strikingly similar, a point made by the Indianapolis review, which said that officers’ responses “were not dissimilar to what appears to have occurred in cities around the country.”
  • Departments also were criticized for not planning for protests, despite evidence that they would be large
  • As with the protests in Washington, D.C., on Jan. 6 that culminated in the Capitol riot, police also did not understand how angry people were, in some cases because they lacked resources devoted to intelligence and outreach that would have put them in better touch with their communities.
  • On May 29, Indianapolis police showed up with helmets, face shields, reinforced vests and batons. Protesters told investigators this “made the police look militarized and ready for battle.”
  • The reports repeatedly blamed police departments for escalating violence instead of taming it. At times, police looked as if they were on the front lines of a war.
  • In Portland, where protests continued nightly, police officers used force more than 6,000 times during six months, according to lawyers with the U.S. Department of Justice
  • In Denver, officers used similar “less lethal” weapons against people who yelled about officers’ behavior. Officers also improperly fired projectiles that hit or nearly hit heads and faces, according to the report by the city’s independent police monitor.
  • For decades, criminal justice experts have warned that warrior-like police tactics escalate conflict at protests instead of defusing it.
  • The independent report on the Los Angeles police, commissioned by the City Council, said officers who may have had insufficient training in how to use the weapons fired into dynamic crowds. “To be precise takes practice,” it said.
  • The Chicago police response on the night of May 29, when hundreds of people marched through the streets, “was marked by poor coordination, inconsistency, and confusion,” the city’s Office of Inspector General found.
  • Chicago police also did not have enough computers to process large numbers of arrestees. In Los Angeles, police did not have enough buses to transport arrested people — a problem the department has had for a decade
  • All told, the reports suggest the likelihood of problems in the event of future protests. The trial now underway in Minneapolis of the officer facing the most serious charges in Mr. Floyd’s death, Derek Chauvin, is one potential trigger.
anonymous

Rep. Andy Kim On State Department Racism: 'My Own Government Questioned My Loyalty' : NPR - 0 views

  • Conversations about the State Department's discrimination against Asian American diplomats have reignited amid a nationwide reckoning with the country's deep-seated history of anti-Asian racism.
  • "I'll never forget the feeling when I learned that my own government questioned my loyalty," he wrote, referring to when he received an assignment restriction banning him from working on anything related to the Korean Peninsula.
  • A diplomat's family or contacts overseas could be enough reason for the State Department to keep them from serving in a particular country or working on issues related to it. A spokesperson for the State Department told Politico last week that it does not discriminate on the basis of race, color, religion, sex, national origin, disability or age.
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  • But Kim, who now serves on the House Foreign Affairs Committee, tells NPR's All Things Considered that when he began to look into the issue, he learned that Asian Americans in particular seemed to be subject to this policy.
  • Kim says that the problem isn't limited to just one administration. Recently, Asian Americans and Pacific Islanders working in national security and diplomacy signed a statement condemning the recent rise in hate crimes against the AAPI community.
  • "No American should be asked to prove their loyalty, absent evidence to the contrary," the statement reads. "We as Asian-Americans are integral in combatting and securing America's collective cognitive security."
  • He currently has a bill pending that would address diversity at the State Department through measures such as monitoring its abilities to recruit a diverse workforce and assessing the effectiveness of the department's anti-harassment and anti-discrimination policies.
anonymous

Sanctions Are Reimposed on Israeli Billionaire Granted Relief Under Trump - The New Yor... - 0 views

  • The Biden administration moved to reverse an action that had benefited Dan Gertler, who has been accused of corruption over mining deals in the Democratic Republic of Congo.
  • The reversal came after a chorus of complaints from human rights advocates, members of Congress and activists in the Democratic Republic of Congo, where the businessman, Dan Gertler, secured access to mining rights for decades through what the Treasury Department during the Trump administration called a series of corrupt deals that had shortchanged Congo of more than $1.3 billion in revenue from the sale of minerals.
  • The State Department said on Monday that Mr. Gertler had “engaged in extensive public corruption” and that the Treasury Department in consultation with the State Department was reversing its action
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  • Mr. Gertler has been doing business in Congo for more than two decades, securing a series of contracts to export diamonds, gold, oil, cobalt and other minerals. The Treasury Department said in 2018 that he had “amassed his fortune through hundreds of millions of dollars’ worth of opaque and corrupt mining.”
  • Mr. Gertler was issued the license after Treasury Secretary Steven Mnuchin directed the acting head of the agency’s Office of Foreign Assets Control to take the step, even though several Trump-era State Department officials in charge of United States relations with Africa told The New York Times that they had been unaware that such a move was about to be taken and that they opposed it.
  • “If well-connected international billionaires like Gertler think there is a chance they can get away with their corrupt actions, then they will not be deterred from doing them,” Senator Benjamin L. Cardin, Democrat of Maryland and a member of the Senate Foreign Relations Committee, said in a statement.
aidenborst

Senate confirms Merrick Garland as attorney general - CNNPolitics - 0 views

  • he Senate voted to confirm attorney general nominee Merrick Garland on Wednesday, sending the appellate judge on his mission to uphold the integrity of the Justice Department after its actions over the past years threatened to undermine it.
  • Garland was confirmed in a 70-30 vote.
  • "America can breathe a sigh of relief that we are finally going to have someone like Merrick Garland leading the Justice Department," said Senate Majority Leader Chuck Schumer, a Democrat from New York. He called Garland "someone with integrity, independence, respect for the rule of law and credibility on both sides of the aisle."
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  • Garland will soon face politically charged questions at the Justice Department, including whether the Justice Department should wade into former President Donald Trump's role in the Capitol riot, and how to handle a federal probe into Biden's son, Hunter Biden.
  • Garland also could oversee the investigation of the FBI's Russia probe. But he said in his nomination hearing that he didn't have "any reason to think" that special counsel John Durham "should not remain in place."
  • McConnell said he voted to confirm Garland's nomination as attorney general "because of his long reputation as a straight-shooter and legal expert," calling his "left-of-center perspective" within "the legal mainstream."
  • "When confirmed, Judge Garland must not back other constitutionally-corrosive efforts to effectively repeal laws just by ignoring them," said McConnell.
  • Garland said at his hearing that the current threat from White supremacists is a "more dangerous period than we faced at that time." He also gave a brief, yet emotional, anecdote in response to a question about his family's history in confronting hate and discrimination. Garland fought back tears as he explained why leading the Justice Department was important to him.
  • "I come from a family where my grandparents fled anti-Semitism and persecution," said Garland. "The country took us in and protected us. I feel an obligation to the country to pay back."
  • The Senate voted to confirm attorney general nominee Merrick Garland on Wednesday, sending the appellate judge on his mission to uphold the integrity of the Justice Department after its actions over the past years threatened to undermine it.
aidenborst

To punish Saudi Arabia with the "Khashoggi Ban," Biden mirrored a plan developed under ... - 0 views

  • When the Biden administration announced a ban on dozens of Saudis from traveling to the US in response to intelligence that the kingdom's powerful crown prince, Mohammed bin Salman, had approved the murder of journalist Jamal Khashoggi, it was rolling out a plan that had been spiked by the Trump administration and brought back to life once President Joe Biden took office.
  • Dubbed the "Khashoggi Ban" by the State Department, the measure issued visa restrictions on 76 Saudis and their families.
  • The plan had initially been drafted by the Trump administration, which shelved it over fears of alienating the key Middle Eastern ally.
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  • "The work was done," a senior Trump administration official confirmed, noting that the plan was rejected by "consensus recommendation" after it had been sent up and discussed by the most senior officials in the Trump administration.
  • Once Biden was sworn in, new officials appointed to the State Department arrived with "a very similar concept already in mind," a Biden administration official said.
  • Ultimately, the list of 76 Saudis on the "Khashoggi Ban," whose names the State Department has said it will not publish, had been sent to Congress in February 2020 as part of a classified report of actions the department was considering under then Secretary Mike Pompeo, an official who has seen the lists told CNN.
  • While it's not unusual for an administration, especially early on, to use an idea that had been considered by past White Houses, it is notable that the Biden team would implement a policy that had been discussed at such high levels under Trump
  • "It is fairly normal for departments and agencies to float previously considered policies up for review when new administrations come in," said Javed Ali, a longtime national security official who served under both Trump and President Barack Obama
  • "Any country that would dare engage in these abhorrent acts should know that their officials -- and their immediate family members -- could be subject to this new policy," a senior State Department official said in a statement. "We expect it will have a deterrent effect the world over."
  • When the intelligence report came out on Feb. 26, the Biden administration announced the "Khashoggi Ban," and the new sanctions aimed at the crown prince's protective team and one former senior Saudi intelligence official, Ahmad al-Asiri. But sanctions were never considered for MBS himself, according to administration officials. It was never a "viable option" and would be "too complicated," multiple administration officials said, with the potential to jeopardize US military interests.
  • Still unexplained is why on the day the long-awaited report was published, the Office of Director of National Intelligence quietly took it down and replaced it with a second version in which three names were removed.
  • "It was not some accident the three names were on one version of the report," the official said.
  • One of the three men whose names were removed, Abdulla Mohammed Alhoeriny, is a senior counterterrorism official whose brother is the head of Saudi Arabia's Presidency of State Security. It's not known whether he or the others are among the 76 who've been banned from traveling to the US.
anonymous

Merrick Garland rapidly erasing Trump effect at Justice Department - Axios - 0 views

  • Attorney General Merrick Garland is quickly negating the Trump administration’s law enforcement legacy, dismaying conservatives with a burst of aggressive reversals and new policies.
  • Liberal fears that the soft-spoken Garland might resist prosecuting Trump and his allies for the sake of unity were partially eased on Wednesday, when news broke that federal agents had raided the Manhattan home of Rudy Giuliani.
  • "Pattern or practice" investigations into the Minneapolis and Louisville police departments, following the deaths last year of George Floyd and Breonna Taylor.
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  • The revocation of a Trump-era policy that restricted federal funding for "sanctuary cities."
  • under Attorney General Bill Barr, the department repeatedly blocked SDNY prosecutors from executing a search warrant for Giuliani's electronic records in the final months of 2020,
anonymous

Capitol Police Faces Public Scrutiny After Riot - The New York Times - 0 views

  • As old as the Capitol itself, the Capitol Police began in 1801 with the appointment of a single guard to oversee the move of Congress from Philadelphia to Washington, D.C. His task, according to a court filing, was to “take as much care as possible with the property of the United States.”
  • Today, it is in crisis once again, with calls for a full investigation into what lawmakers have called a “severe systemic failure” that allowed an angry mob of Trump loyalists to storm the Capitol last week, an episode that left five people dead, including one Capitol Police officer.
  • The department is accustomed to being shielded from the type of public disclosure that is routine for ordinary police agencies. But since last week’s rampage, the department’s chief and two other top security officials have resigned, and its congressional overseers have pressed for answers.
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  • “We’re having a hell of a time getting information from Capitol Police leadership,” said Mr. Ryan, who chairs the House committee that oversees the department’s budget. “We fund the Capitol Police. Congress funds the Capitol Police through the Appropriations Committee. We deserve to know and understand what the hell is going on.”
  • But it has long suffered from the same troubles that afflict many other police forces: claims of an old boys’ network, glass ceilings, racial bias and retaliation. There have been complaints, too, of lax discipline and of promotions for white commanders who faced misconduct allegations, but harsh treatment for women and Black officers.
  • Many who are familiar with the department now suggest that these longstanding problems contributed to how easily its officers were overrun last Wednesday.
  • “Why was I not surprised?” said Sharon Blackmon-Malloy, the lead plaintiff in a racial discrimination lawsuit against the department that has languished for years, while she and a handful of other retired Black officers have staged regular demonstrations on Capitol Hill. “Because I’m going back to the environment in which I worked in all those years.”
  • The officers who have been suspended include one who took selfies with members of the crowd and another who put on a “Make America Great Again” hat and directed rioters into the Capitol, according to Mr. Ryan.
  • The Capitol Police does not. And its officers do not wear body cameras, in part out of concerns over lawmakers’ privacy.A bill that would have required the department to report crime statistics and strengthen its disciplinary process was introduced last summer by Representative Rodney Davis of Illinois, the ranking Republican on the committee that oversees the department. The bill went nowhere.
  • The department has also faced repeated complaints of racism. A lawsuit filed in 2001 by more than 250 Black officers, including Ms. Blackmon-Malloy, remains unresolved, and current and former officers say the problems persist. There are no Black men on the force with a rank higher than captain.
  • In 2015, an email from the department’s intelligence office before the Million Man March warned of potential “fireworks,” citing the rise of the Black Lives Matter movement and “rabble-rousing rhetoric” by the organizer, Louis Farrakhan. A year later, Senator Tim Scott, Republican of South Carolina, who is Black, said he had attracted suspicion from the Capitol Police on more than one occasion.
carolinehayter

Defunding Or Reallocating Police Resources: Most Mayors Do Not Support : NPR - 0 views

  • The vast majority of mayors in American cities do not support sweeping changes to the funding of their police departments, and most say last year's racial justice protests were a force for good in their cities, according to a new survey of more than 100 mayors from across the U.S.
  • Eighty percent of the mayors who responded to the Menino Survey of Mayors say they believe their police budgets last year were "about right." Most mayors said they did not support reallocating many, or some of their police department's resources and responsibilities.
  • The findings come in the early days of the Biden administration, as the president seeks to make good on campaign promises to rein in police abuse and dismantle systemic racism. The country's divisions over race, criminal justice and policing are some of the most significant domestic challenges facing Biden's administration.
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  • The mayors were surveyed over the summer, as the country reckoned visibly, and painfully, with racism and police violence across all sectors of American life.
  • making Black Lives Matter a national rallying cry.
  • Mayors say they believe that the protests that swept the country during the summer of 2020 did more good than harm in their communities, but there were divisions along party lines. Republican mayors were 31 percentage points more likely to see protests as having done harm to their communities, according to the report.
  • "There was a small but sort of reasonably sized minority of mayors that really wanted to think about those bigger transformational changes, but for the most part, mayors proposed reforms that existed within existing structures," said Katherine Levine Einstein, a Boston University assistant professor of political science who is one of the report's authors.
  • The mayors that responded to the survey are overwhelmingly Democrats. Just 20% are Republicans.
  • 44% of mayors say they believe that Black residents in their city distrust the police
  • The survey also found that most mayors surveyed opposed drastically reshaping the budgets of their local police departments, amid calls in some parts of the country to slash funding for police departments or to disband them entirely, redirecting funding to social programs. A large, bipartisan majority of mayors said that in their city, their police department's share of the budget was "about right." Just 12% said that the budget for their police department was too large.
  • Inglewood, Calif., Mayor James Butts said he believed that the slogan defund the police was "too simplistic" to solve what is ultimately a "multi-layered long-standing cultural and leadership issue."
  • Mayors also say they recognize the disparities in how Black people are treated by police with their white counterparts. Sixty-eight percent said they agree that the police treat white people better than Black people. But there is a sharp partisan gap, with 73% of Republican mayors saying that police treat white and Black people equally, compared to just 14% of Democratic mayors.
  • "They thought more about, OK, we have this police force, how can we maybe make it a little more diverse? How can we maybe change our training practices at the margins? So they thought more about what I would say are some of these more modest reforms rather than big, structural overhauls about what policing might look like in a community."
  • Butts said that the root problem that needs to be addressed to improve police-community relationships is department culture, discipline and leadership.
  • "They can't be schemes that say 'Look, we're doing this, so we've changed.' You have to look inside at your culture, how you police, how you think, look at your complaints that you receive and use those as a barometer or guide as to what you need to do to change behavior or thinking in the department."
anniina03

Justice Dept. Is Said to Open Criminal Inquiry Into Its Own Russia Investigation - The ... - 0 views

  • For more than two years, President Trump has repeatedly attacked the Russia investigation, portraying it as a hoax and illegal even months after the special counsel closed it. Now, Mr. Trump’s own Justice Department has opened a criminal investigation into how it all began.
  • The opening of a criminal investigation is likely to raise alarms that Mr. Trump is using the Justice Department to go after his perceived enemies. Mr. Trump fired James B. Comey, the F.B.I. director under whose watch agents opened the Russia inquiry, and has long assailed other top former law enforcement and intelligence officials as partisans who sought to block his election.
  • Mr. Trump has made clear that he sees the typically independent Justice Department as a tool to be wielded against his political enemies.
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  • House Democrats are examining in part whether his pressure on Ukraine to open investigations into theories about the 2016 election constituted an abuse of power.Sign Up for On Politics With Lisa LererA spotlight on the people reshaping our politics. A conversation with voters across the country. And a guiding hand through the endless news cycle, telling you what you really need to know.Sign Up* Captcha is incomplete. Please try again.Thank you for subscribingYou can also view our other newsletters or visit your account to opt out or manage email preferences.An error has occurred. Please try again later.You are already subscribed to this email.View all New York Times newsletters.The move also creates an unusual situation in which the Justice Department is conducting a criminal investigation into itself.
  • It was not clear what potential crime Mr. Durham is investigating, nor when the criminal investigation was prompted.
  • Mr. Trump is certain to see the criminal investigation as a vindication of the years he and his allies have spent trying to discredit the Russia investigation.
  • Federal investigators need only a “reasonable indication” that a crime has been committed to open an investigation, a much lower standard than the probable cause required to obtain search warrants.
  • However, “there must be an objective, factual basis for initiating the investigation; a mere hunch is insufficient,” according to Justice Department guidelines.
  • Mr. Barr expressed skepticism of the Russia investigation even before joining the Trump administration. Weeks after being sworn in this year, he said he intended to scrutinize how it started and used the term “spying” to describe investigators’ surveillance of Trump campaign advisers.
  • F.B.I. agents discovered the offer shortly after stolen Democratic emails were released, and the events, along with ties between other Trump advisers and Russia, set off fears that the Trump campaign was conspiring with Russia’s interference.
  • The C.I.A. did contribute heavily to the intelligence community’s assessment in early 2017 that Russia interfered in the 2016 election and tried to tip it in Mr. Trump’s favor, and law enforcement officials later used those findings to bolster their application for a wiretap on a Trump campaign adviser, Carter Page.
  • Mr. Mueller said that he had “insufficient evidence” to determine whether Mr. Trump or his aides engaged in a criminal conspiracy with the Russians but that the campaign welcomed the sabotage and expected to benefit from it.
  • Law enforcement officials suspected Mr. Page was the target of recruitment by the Russian government, which he has denied.Mr. Durham has also asked whether C.I.A. officials might have somehow tricked the F.B.I. into opening the Russia investigation. Mr. Durham has indicated he wants to interview former officials who ran the C.I.A. in 2016 but has yet to question either Mr. Brennan or James R. Clapper Jr., the former director of national intelligence. Mr. Trump has repeatedly attacked them as part of a vast conspiracy by the so-called deep state to stop him from winning the presidency.
  • Mr. Durham has delved before into the secret world of intelligence gathering during the Bush and Obama administrations. He was asked in 2008 to investigate why the C.I.A. destroyed tapes depicting detainees being tortured. The next year, Attorney General Eric H. Holder Jr. appointed Mr. Durham to spearhead an investigation into the C.IA. abuses.
  • After nearly four years, Mr. Durham’s investigation ended with no charges against C.I.A. officers, including two directly involved in the deaths of two detainees, angering human rights activists.
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