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yehbru

Rudy Giuliani probe: Judge approves review of material seized from Trump lawyer - 0 views

  • A federal judge agreed Friday to appoint a special master to recommend what evidence prosecutors should be able to see from material recently seized via search warrants from Rudy Giuliani, who is under criminal investigation, and another lawyer allied with former President Donald Trump.
  • “Guiliani’s and Toensing’s position lacks legal support,”
  • “The search warrants at issue here were based on judicial findings of probable cause — supported by detailed affidavits — to believe that evidence of violations of specified federal offenses would be found at the locations to be searched. There is no legal requirement for the Government to proceed by subpoena, nor is there any basis for the subject of an investigation to require it to do so.”
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  • Giuliani is being investigated by the U.S. Attorney for the Southern District of New York, a position he once held, for his activities in Ukraine.
  • Prosecutors are eyeing whether he violated federal lobbying law by not registering as a lobbyist for entities who were seeking various actions related to Ukraine, including the removal of the American ambassador under Trump.
  • Oetken noted that prosecutors suggested the electronic devices seized from Giuliani and Toensing should be handled the same way as Cohen’s “in light of the parallels to this matter.”
  • Giuliani’s lawyers argue that the search of his iCloud — which was not known to Giuliani for about 18 months — may have violated his attorney-client privilege and the right of Trump as president to have his communications with his lawyer protected.
anonymous

U.S. Joins EU In Sanctions Against China Over Treatment Of Uyghur Muslims : NPR - 0 views

  • China and the European Union traded sanctions against each other's officials Monday and the U.S. joined the U.K. and Canada "in parallel to measures by the European Union" to protest "human rights violations and abuses" in the western Xinjiang region.
  • The EU imposed travel and economic sanctions on four of China's officials in response to the imprisonment of hundreds of Uyghur Muslims.Among those the EU sanctioned was Chen Mingguo, the director of the Xinjiang Public Security Bureau, because of the treatment of Uyghurs in Xinjiang.
  • The sanctions are the first the EU has imposed since 1989, in protest of China's treatment of the Tiananmen Square demonstrators in Beijing.In response, China has dealt its own sanctions against 10 European individuals and four entities.
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  • European Parliament members Reinhard Butikofer, Michael Gahler, Raphaël Glucksmann, Ilhan Kyuchyuk and Miriam Lexmann were included in China's sanctions.
  • The U.S. joined the EU and other allies.
  • The EU and U.S., along with Australia, New Zealand, and Canada released a joint statement saying, "We will continue to stand together to shine a spotlight on China's human rights violations. We stand united and call for justice for those suffering in Xinjiang."
  • The State and Treasury Departments released statements announcing financial terms that send "a strong signal to those who violate or abuse international human rights, and we will take further actions in coordination with likeminded partners."
brookegoodman

A federal watchdog weighs in on the Ukraine matter, saying the Trump administration bro... - 0 views

  • The House impeachment managers are expected to enter the Senate chamber about noon, where they will read the articles of impeachment against President Trump aloud to the assembled senators.
  • A federal watchdog concluded the Trump administration violated the law in the Ukraine matter by withholding security assistance.
  • The Trump administration violated the law in withholding security assistance aid to Ukraine
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  • The Government Accountability Office said the White House Office of Management and Budget withheld the nearly $400 million, which was allocated by Congress, for “a policy reason” in violation of the Impoundment Control Act.
  • Ms. Grisham also criticized the House impeachment proceedings and said the White House expected that Mr. Trump’s formal response to the charges would prove he did nothing wrong.
  • History will be made swiftly on Thursday, as the Senate initiates only the third presidential impeachment trial in American history in three hours or less.
anniina03

China Poses 'Existential' Threat to Human Rights: Report | Time - 0 views

  • hina poses an “existential threat” to the international human rights system, according to a new report released today by Human Rights Watch (HRW) after the organization’s executive director was denied entry to Hong Kong at the weekend. “It’s not simply a suppression at home, but it’s attacks on virtually any body, company, government, international institution that tries to uphold human rights or hold Beijing to account,” HRW’s executive director Kenneth Roth told TIME ahead of the report’s release.
  • Roth said he had been in Hong Kong to release a report on gender discrimination in the Chinese job market less than two years ago. He said he believes this year was different because the Chinese government “made the preposterous claim that Human Rights Watch is inciting the Hong Kong pro-democracy protests.”
  • China’s detention of a million members of the Uighur ethnic minority group in Xinjiang province, and an “unprecedented regime of mass surveillance” designed to suppress criticism are among the human rights violations described in the mainland, while the report also Beijing’s intensifying attempts to undermine international human rights standards and institutions on a global scale.
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  • The effective barring of Roth from entering Hong Kong is not an isolated incident, happening days after a U.S. photographer covering the pro-democracy protests was also banned from entering the financial hub.
  • “I think it’s worth stressing that what happened to me pales in comparison to what is happening to the pro-democracy protesters on the streets of Hong Kong. They’re the ones who are facing tear gas, beatings and arrest, and I just had another 16 hour flight [back to New York],” Roth says. “But what it does reflect is a real worsening of the human rights situation in Hong Kong.”
  • At a press briefing on Monday after the incident involving Roth, a Chinese foreign ministry spokesman said that “allowing or not allowing someone’s entry is China’s sovereign right,” adding that foreign NGOs were supporting “Hong Kong independence separatist activities.”
  • “The justification they put forward was laughable, and insulting to the people of Hong Kong,” says Roth. “They don’t need me to tell them to take to the streets — they are looking to defend their own human rights, their own political freedoms and their own rule of law.”
  • Roth says Beijing’s explanation for barring him shows how fearful the authorities are of demonstrations in the city, and is an attempt to persuade those in the mainland not to emulate the pro-democracy protests. “They simply cannot admit to people on the mainland that hundreds of thousands Chinese citizens would take to the street in opposition to the increasingly dictatorial rule that is coming from Beijing.”
  • The Chinese government has attempted to deter, track and deport journalists and foreign investigators from reporting on forced indoctrination and detention of at least a million Uighur Muslims in internment camps in China’s western province of Xinjiang, highlighted in Roth’s lead essay in the HRW report.
  • On Monday, Chinese state media reported that the semi-autonomous region of Tibet would introduce forthcoming regulations to “strengthen ethnic unity;” echoing language used in regulations introduced in Xinjiang four years ago.
  • Beyond the worrying crackdown within China’s own borders, HRW’s report highlights Beijing’s efforts to deter the international community from scrutinizing its human rights abuses, taking “full advantage of the corporate quest for profit to extend its censorship to critics abroad.”
  • And at the individual level, the export of censorship is reaching dissidents and even universities in Australia, Canada, the U.K. and the U.S.; the report notes that students from China who wanted to join campus debates felt unable to do so for fear of being monitored or reported to Chinese authorities.
  • The export of the Chinese censorship system also permeates governments and international institutions, and has “transformed into an active assault on the international human rights system,”
  • China has also consistently worked with Russia at the U.N. Security Council to block efforts to investigate human rights abuses in Syria, Myanmar and Venezuela. “China worries that even enforcement of human rights standards someplace else will have a boomerang effect that will come back to haunt it,” says Roth.
  • Aside from China, the report also looks at several other concerning situations around around the world, including civilians at risk from indiscriminate bombing in Idlib province in Syria, the desperate humanitarian crisis resulting from Saudi-led coalition’s actions in Yemen, the refugee crisis emerging from Maduro’s grip on power in Venezuela, and Myanmar’s denial of the genocide of the Rohingya at the International Court of Justice. And while Roth is encouraged by a growing international response to China’s actions in Xinjiang, particularly from Muslim majority nations, there remains much more to be done. From a U.S. perspective, the report notes that strong rhetoric from officials condemning human rights violations in China is “often undercut by Trump’s praise of Xi Jinping and other friendly autocrats,” as well as the Trump-administration’s own policies in violation of human rights, including forced separation at the U.S.-Mexican border.
leilamulveny

Trump Call to Georgia Official Might Violate State and Federal Law - The New York Times - 0 views

  • The call by President Trump on Saturday to Georgia’s secretary of state raised the prospect that Mr. Trump may have violated laws that prohibit interference in federal or state elections, but lawyers said on Sunday that it would be difficult to pursue such a charge.
  • by pressuring Mr. Raffensperger to “find” the votes he would need to reverse the election outcome in the state, Mr. Trump either broke the law or came close to it.
  • clearly violates Georgia statutes
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  • At the federal level, anyone who “knowingly and willfully deprives, defrauds or attempts to deprive or defraud the residents of a state of a fair and impartially conducted election process” is breaking the law.
  • That is because while Mr. Trump clearly implied that Mr. Raffensperger might suffer legal consequences if he did not find additional votes for the president in Georgia, Mr. Trump stopped short of saying he would deliver on the threat himself against Mr. Raffensperger and his legal counsel, Ryan Germany, Mr. Sanderson said.
  • “You know what they did and you’re not reporting it,” the president said during the call, referring to his baseless assertions of widespread election fraud. “You know, that’s a criminal — that’s a criminal offense. And you know, you can’t let that happen. That’s a big risk to you and to Ryan, your lawyer. That’s a big risk.”
  • Mr. Sanderson said, “Ultimately, I doubt this is behavior that would be prosecuted.”
  • “It is unlikely federal prosecutors would bring such a case,” Mr. Bromwich said. “But it certainly was god awful and unbelievable. But prosecuting a federal crime is obviously a very different thing.”
  • Trevor Potter, a Republican former chairman of the Federal Election Commission, said the question would largely be up to the Justice Department in the Biden administration.
  • That is a policy decision.
  • “In threatening these officials with vague ‘criminal’ consequences, and in encouraging them to ‘find’ additional votes and hire investigators who ‘want to find answers,’ the president may have also subjected himself to additional criminal liability,” Mr. Nadler said in a statement.
tsainten

Opinion | This Is Why Nursing Homes Failed So Badly - The New York Times - 0 views

  • Eight months into the pandemic, Brendan House, a nursing home in Kalispell, Mont., had not had a single resident test positive for the coronavirus.
  • Under President Trump, C.M.S. had already cut monetary fines for facilities with health and safety violations. Now it called off regular inspections in favor of a narrow, superficial infection-control survey. It also allowed for “temporary nursing assistants” with little training to fill in for certified aides.
  • A few weeks in, though it was too late to contain the spread, the home decided to put all Covid-19 patients on the same floor.
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  • They were moved into an unfamiliar setting, their belongings whittled down to a few pieces of clothing and mementos thrown in a plastic bag; a new set of masked nurses came in and out of their rooms. Only a handful of residents had cellphones, so Danielle used her own to help residents use FaceTime with family members and friends.
  • “Nursing homes are really little hospitals, yet they’re not staffed like it. If you asked an I.C.U. nurse to take care of 15 people, she’d laugh at you, but that’s essentially what we have,” Chris Laxton, the executive director of AMDA, the Society for Post-Acute and Long-Term Care Medicine, told me.
  • At the same time, many of these caregivers “are making $12 or $13 an hour,”
  • workers probably helped spread the virus from facility to facility, home to home.
  • The numbers of those testing positive in the surrounding community went up by a factor of 100 compared with in the summer. At Brendan House, one positive case “turned into 10, then 50. Before you know it, we had 54 people in our long-term area who were Covid-positive and only three residents who were not positive,” a certified nursing assistant told me.
  • But if now is not the time, when, and under what conditions, should nursing homes and assisted-living facilities be held accountable for the welfare of their residents and workers?
  • Factor in the risk of getting sick and dying, and retention, let alone recruitment, becomes far more difficult. In 2020, direct caregiving may have been the most dangerous job in America.
  • Joe Biden is about the age of the average nursing home resident. Over the summer, he announced a $775 billion proposal to provide care for children, seniors and people with disabilities. The plan, though notional at this point, would eliminate the 800,000-person waiting list for long-term care under Medicaid and pay for 150,000 new community health workers for seniors. It could also help transform millions of low-wage, high-turnover, often transient gigs into stable careers.
  • C.M.S. must ensure that the $264 billion paid by Medicaid and Medicare to long-term-care providers actually goes to caregiving, instead of shiny new buildings or executive pay.
  • To improve residents’ quality of life, the government should mandate that long-term-care facilities have appropriate staffing.
  • In addition, Mr. Biden must reverse Mr. Trump’s laissez-faire approach to this sector. Both C.M.S. and the Occupational Safety and Health Administration should be given the resources they need to inspect, investigate and fine providers for health and workplace violations. The incoming administration must also strengthen workers’ rights to organize and protest unsafe conditions under the National Labor Relations Act, as it has already promised to do.
  • “There are jobs that offer $45 per hour to do Covid testing,” she said. As if to nudge her out the door, her nursing home was recently purchased by a large corporation, nullifying the union contract, and management reneged on the promise of holiday bonuses.
yehbru

Texas Supreme Court denies GOP-led petition seeking to invalidate 120,000 votes in Hous... - 0 views

  • The Texas Supreme Court denied a petition Sunday by a group of Republicans seeking to invalidate nearly 127,000 drive-thru votes in Harris County, while a similar case awaits a decision in federal court just two days before Election Day.
  • The petition was filed last week and argued that drive-thru voting violated federal law
  • "We know that the law is on our side," he told CNN moments after the Supreme Court issued its ruling. "We know that we should be protecting these votes, making sure that all of our residents here can have their voice heard, can have their say in our democracy."
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  • Republican State Rep. Steve Toth, who's listed on the petition as a plaintiff and who's running for reelection, argued it's the job of the state legislature -- not local counties -- to implement changes such as drive-thru voting
  • As of Friday, nearly 127,000 votes had been cast at those sites, marking roughly 10% of the votes cast in person during the early voting period.
  • The latest state and federal challenges argue that drive-thru voting violates the US Constitution, which says state legislatures decide how elections are run. The plaintiffs also argued it violates the equal protection clause of the 14th Amendment, in that the county is adopting a manner of voting that has not been adopted by other Texas counties.
Javier E

New questions about Trump's ugly Bible stunt hint at some dark truths - The Washington ... - 0 views

  • Disturbing new details are emerging about the violent crackdown on protesters that preceded President Trump’s Bible photo op near the White House
  • What was supposed to capture Trump bravely standing up for “law and order” is rapidly coming to typify his megalomania, his terror of looking weak, and — perversely enough — his profound contempt for the rule of law
  • a crucial fact: Trump and his handlers have gone to extraordinary lengths to showcase this moment as a great triumph.
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  • At the core of the new Post report are two questions: Who issued the order to clear away the protesters, and to what degree was it linked to the decision to hold that photo op?
  • The administration has defended itself by claiming the two were not linked, and that the removal action carried out a decision to expand the security perimeter around the White House that had been made in advance.
  • But numerous other officials, including the chiefs of the D.C. police and National Guard Bureau, have now challenged this claim. They say they had no advance notice that the U.S. Park Police would commence forcible removal. That undercuts the notion that it was part of a pre-planned effort.
  • at the time, Trump was in a rage inside the White House about reports that he was hunkered down, the report documents. White House officials were discussing expanding the perimeter, but they were also discussing holding an event to showcase Trump in control — the visit to the church.
  • there’s still another revelation here: The clearing away of the protesters might have violated a 2015 court settlement between the Park Police and the Justice Department.
  • ven if the perimeter expansion had been discussed, there was never any firm indication of a time when it would happen. And then, right after Trump made the decision to walk to the church, this was relayed to the Secret Service on the ground, whereupon the crackdown suddenly ensued, including chemical gassing and violent shoving with shields.
  • That 2015 settlement set new rules for how federal law enforcement engages with protesters, requiring three audible warnings about pending dispersal, plus the identification of avenues for protesters to disperse themselves peacefully.
  • there was already a strong case that the protesters’ First Amendment rights were violated.
  • “The government can impose reasonable time, place and manner restrictions on speech in public forums, and in some circumstances it can clear protesters to protect public safety or the safety of public officials,”
  • “But the First Amendment requires that the restrictions be reasonable,” Jaffer said. “They went from zero to 60 in a matter of seconds.”
  • The 2015 settlement more clearly defined what law enforcement must do to protect protesters’ rights in a situation like this, yet this appears to have been violated as well,
  • “These limits were totally disregarded here,
  • this episode stands as the precipitating moment at which some of the darkest and most seminal truths about the Trump presidency emerged. Trump’s abuses led military officials to feel the need to signal to the country that something is very wrong, that our values and ideals are under serious threat.
  • We are now learning that the crackdown might have been more tightly tied to Trump’s desire to stage a messianic and megalomaniacal photo op than previously known — and that the abuses undertaken to facilitate it might have been worse than we thought.
aleija

Opinion | Justice Kavanaugh Unlocked Ways to Fight Foreign Interference - The New York ... - 0 views

  • Among many other recent developments not likely on anyone’s 2020 bingo card, a Supreme Court decision about foreign aid and legalized prostitution has shattered perceived constraints on the authority of the United States to robustly defend its elections against foreign interference.
  • ruled that the U.S. government can compel overseas public health organizations that receive U.S. foreign aid to publicly oppose prostitution
  • Yet Justice Kavanaugh’s decree — that “foreign citizens outside U.S. territory do not possess rights under the U.S. Constitution” — is so expansive that it spills into election law, giving federal and state governments ample authority to defend us against the full range of foreign political warfare, without fear of violating the First Amendment.
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  • Intelligence experts warn that Russia’s incursions are continuing in this election cycle, with its digital foot soldiers setting up fake news sites and spreading false stories of hacked voter information to cast doubt on the legitimacy of the vote.
  • Now, the Supreme Court has told us that the constitutional rights of foreign citizens outside U.S. territory cannot be violated because they have no constitutional rights to violate. Justice Kavanaugh heralded this lack of rights as a “bedrock legal principle.”
  • The key to this opinion’s paradigm shift is its transformation of a term that doesn’t even appear in the decision: “expenditure.”
  • Federal law defines an expenditure as “any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made by any person for the purpose of influencing any election for federal office.
  • But if he wants to spend money to influence our elections — by inflaming social divisions, sowing discord, hiring troll farms, hacking campaign computers, suppressing the vote, or by any other means — the legal basis for the government to respond more aggressively is now crystal clear.
Javier E

America's Racial Contract Is Showing - The Atlantic - 0 views

  • To see the sequence of events that led to Arbery’s death as benign requires a cascade of assumptions. One must assume that two men arming themselves and chasing down a stranger running through their neighborhood is a normal occurrence. One must assume that the two armed white men had a right to self-defense, and that the black man suddenly confronted by armed strangers did not. One must assume that state laws are meant to justify an encounter in which two people can decide of their own volition to chase, confront, and kill a person they’ve never met.
  • Barnhill’s leniency is selective—as The Appeal’s Josie Duffy Rice notes, Barnhill attempted to prosecute Olivia Pearson, a black woman, for helping another black voter use an electronic voting machine. A crime does not occur when white men stalk and kill a black stranger. A crime does occur when black people vote.
  • The underlying assumptions of white innocence and black guilt are all part of what the philosopher Charles Mills calls the “racial contract.”
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  • the racial contract is a codicil rendered in invisible ink, one stating that the rules as written do not apply to nonwhite people in the same way.
  • The Declaration of Independence states that all men are created equal; the racial contract limits this to white men with property
  • The law says murder is illegal; the racial contract says it’s fine for white people to chase and murder black people if they have decided that those black people scare them.
  • “The terms of the Racial Contract,” Mills wrote, “mean that nonwhite subpersonhood is enshrined simultaneously with white personhood.”
  • as the process in the Arbery case shows, the racial contract most often operates unnoticed, relying on Americans to have an implicit understanding of who is bound by the rules, and who is exempt from them.
  • Donald Trump’s 2016 election campaign, with its vows to enforce state violence against Mexican immigrants, Muslims, and black Americans, was built on a promise to enforce terms of the racial contract that Barack Obama had ostensibly neglected, or violated by his presence.
  • Struggling white farmers in Iowa taking billions in federal assistance are hardworking Americans down on their luck; struggling single parents in cities using food stamps are welfare queens.
  • Black Americans struggling in the cocaine epidemic are a “bio-underclass” created by a pathological culture; white Americans struggling with opioid addiction are a national tragedy.
  • Poor European immigrants who flocked to an America with virtually no immigration restrictions came “the right way”; poor Central American immigrants evading a baroque and unforgiving system are gang members and terrorists.
  • The coronavirus epidemic has rendered the racial contract visible in multiple ways. Once the disproportionate impact of the epidemic was revealed to the American political and financial elite, many began to regard the rising death toll less as a national emergency than as an inconvenience.
  • The lives of workers at the front lines of the pandemic—such as meatpackers, transportation workers, and grocery clerks—have been deemed so worthless that legislators want to immunize their employers from liability even as they force them to work under unsafe conditions.
  • In East New York, police assault black residents for violating social-distancing rules; in Lower Manhattan, they dole out masks and smiles to white pedestrians.
  • The implied terms of the racial contract are visible everywhere for those willing to see them. A 12-year-old with a toy gun is a dangerous threat who must be met with lethal force; armed militias drawing beads on federal agents are heroes of liberty.
  • the pandemic has introduced a new clause to the racial contract. The lives of disproportionately black and brown workers are being sacrificed to fuel the engine of a faltering economy, by a president who disdains them. This is the COVID contract.
  • by mid-April, conservative broadcasters were decrying the restrictions, small bands of armed protesters were descending on state capitols, and the president was pressing to lift the constraints.
  • In the interim, data about the demographics of COVID-19 victims began to trickle out. On April 7, major outlets began reporting that preliminary data showed that black and Latino Americans were being disproportionately felled by the coronavirus. That afternoon, Rush Limbaugh complained, “If you dare criticize the mobilization to deal with this, you’re going to be immediately tagged as a racist.”
  • That night, the Fox News host Tucker Carlson announced, “It hasn’t been the disaster that we feared.” His colleague Brit Hume mused that “the disease turned out not to be quite as dangerous as we thought.” The nationwide death toll that day was just 13,000 people; it now stands above 70,000, a mere month later.
  • That more and more Americans were dying was less important than who was dying.
  • The disease is now “infecting people who cannot afford to miss work or telecommute—grocery store employees, delivery drivers and construction workers,”
  • Containing the outbreak was no longer a question of social responsibility, but of personal responsibility. From the White House podium, Surgeon General Jerome Adams told “communities of color” that “we need you to step up and help stop the spread.”
  • Public-health restrictions designed to contain the outbreak were deemed absurd. They seemed, in Carlson’s words, “mindless and authoritarian,” a “weird kind of arbitrary fascism.” To restrict the freedom of white Americans, just because nonwhite Americans are dying, is an egregious violation of the racial contract.
  • majority-black counties “account for more than half of coronavirus cases and nearly 60 percent of deaths.” The disproportionate burden that black and Latino Americans are bearing is in part a direct result of their overrepresentation in professions where they risk exposure, and of a racial gap in wealth and income that has left them more vulnerable to being laid off. Black and Latino workers are overrepresented among the essential, the unemployed, and the dead.
  • “Due to the meatpacking, though, that’s where Brown County got the flare,” Roggensack interrupted to clarify. “It wasn’t just the regular folks in Brown County.”
  • Roggensack was drawing a line between “regular folks” and the workers who keep them fed, mobile, safe, and connected. And America’s leaders have treated those workers as largely expendable, praising their valor while disregarding their safety.
  • In South Dakota, where a Smithfield plant became the site of an outbreak infecting more than 700 workers, a spokesperson told BuzzFeed News that the issue was their “large immigrant population.”
  • “We can’t keep our country closed down for years,” Trump said Wednesday. But that was no one’s plan. The plan was to buy time to take the necessary steps to open the country safely. But the Trump administration did not do that, because it did not consider the lives of the people dying worth the effort or money required to save them.
  • the only tension between stopping the virus and reviving the economy is one the Trump administration and its propaganda apparatus have invented. Economists are in near-unanimous agreement that the safest path requires building the capacity to contain the virus before reopening the economy—precisely because new waves of deaths will drive Americans back into self-imposed isolation, destroying the consumer spending that powers economic growth
  • The frame of war allows the president to call for the collective sacrifice of laborers without taking the measures necessary to ensure their safety, while the upper classes remain secure at home.
  • But the workers who signed up to harvest food, deliver packages, stack groceries, drive trains and buses, and care for the sick did not sign up for war, and the unwillingness of America’s political leadership to protect them is a policy decision, not an inevitability
  • Trump is acting in accordance with the terms of the racial contract, which values the lives of those most likely to be affected less than the inconveniences necessary to preserve them.
  • Collective solidarity in response to the coronavirus remains largely intact—most Americans support the restrictions and are not eager to sacrifice their lives or those of their loved ones for a few points of gross domestic product. The consistency across incomes and backgrounds is striking in an era of severe partisan polarization
  • But solidarity with the rest of the nation among elite Republicans—those whose lives and self-conceptions are intertwined with the success of the Trump presidency—began eroding as soon as the disproportionate impact of the outbreak started to emerge.
Javier E

What Would Trump's Second Term Look Like? - The Atlantic - 0 views

  • Perhaps the most consequential change Trump has wrought is in the Republican Party’s attitude toward democracy. I worked in the administration of George W. Bush, who was the first president since the 1880s to win the Electoral College despite losing the popular vote.
  • Bush recognized this outcome as an enormous political problem. After the Supreme Court ruled in his favor, on December 13, 2000, the president-elect promised to govern in a bipartisan and conciliatory fashion: “I was not elected to serve one party, but to serve one nation,”
  • You may believe that Bush failed in that promise—but he made that promise because he recognized a problem. Two decades later, Trump has normalized the minority rule that seemed so abnormal in December 2000.
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  • Republicans in the Trump years have gotten used to competing under rules biased in their favor. They have come to fear that unless the rules favor them, they will lose. And so they have learned to think of biased rules as necessary, proper, and just—and to view any effort to correct those rules as a direct attack on their survival.
  • What I wrote in 2017 has only become more true since: “We are living through the most dangerous challenge to the free government of the United States that anyone alive has encountered.”
  • “No one could do anything to stop him.” No one has stopped Trump from directing taxpayer dollars to his personal businesses.
  • Trump’s clemency to Stone reminded others who might hold guilty knowledge—people like Paul Manafort and Ghislaine Maxwell—of the potential benefits to them of staying silent about Trump.
  • How did Trump get away with using a public power for personal advantage in this way? There’s nothing to stop him. The Constitution vests the pardon power in the president.
  • a second-term Trump could demand that associates break the law for him—and then protect them when they are caught and face punishment. He could pardon his relatives—and even try to pardon himself.
  • Abuse of Government Resources for Personal Gain
  • Mr. Trump’s aides said he enjoyed the frustration and anger he caused by holding a political event on the South Lawn of the White House, shattering conventional norms and raising questions about ethics law violations. He relished the fact that no one could do anything to stop him,
  • No one has stopped him from defying congressional subpoenas looking into whether he was violating tax and banking laws. No one has stopped him from hiring and promoting his relatives.
  • Trump has a lot to hide, both as president and as a businessman. The price of his political and economic survival has been the destruction of oversight by Congress and the discrediting of honest reporting by responsible media
  • No one has stopped him from using government resources for partisan purposes. No one has stopped him from pressuring and cajoling foreign governments to help his reelection campaign.
  • No one has stopped him from using his power over the Postal Service to discourage voting that he thinks will hurt him.
  • The Hatch Act forbids most uses of government resources for partisan purposes. By long-standing courtesy, however, enforcement of that law against senior presidential appointees is left to the president. It’s just assumed that the president will want to comply. But what if he does not? The independent federal agency tasked with enforcing the Hatch Act, the Office of Special Counsel, has found nine senior Trump aides in violation of the law, and has recommended that Trump request their resignation. He has ignored that recommendation.
  • “No one could do anything to stop him.” In his first term, Trump purged the inspectors general from Cabinet departments and punished whistleblowers. In a second Trump term, the administration would operate ever more opaquely to cover up corruption and breaches in national security.
  • The Justice Department would be debauched ever more radically, becoming Trump’s own law firm and spending taxpayer dollars to defend him against the consequences of his personal wrongdoing. The hyper-politicization of the Justice and Homeland Security Departments would spread to other agencies.
  • Directing Public Funds to Himself and His CompaniesIn the 230-year history of the United States, no president before Trump had ever tried to direct public dollars to his own companies—so no Congress had ever bothered to specifically outlaw such activity.
  • Trump’s superpower is his absolute shamelessness. He steals in plain view. He accepts bribes in a hotel located smack in the middle of Pennsylvania Avenue. His supporters do not object. His party in Congress is acquiescent. This level of corruption in American life is unprecedented.
  • A willingness to line the Trump family’s pockets has become a mark of obeisance and identity, like wearing cowboy boots during the George W.  Bush administration
  • The result of this almost-universal Republican complicity in Trump’s personal corruption has been the neutering of Congress’s ability to act when corruption is disclosed.
  • Republicans in the House cheerfully support Trump when he defies subpoenas from Democratic chairs, setting a precedent that probably will someday be used against them.
  • Abuse of the Pardon PowerOn July 10, 2020, Trump commuted the sentence of his longtime associate Roger Stone. As Stone’s own communications showed, he had acted as an intermediary between the Trump campaign and WikiLeaks in 2016. Had Stone cooperated with federal investigators, the revelations might have been dangerous to Trump. Instead, Stone lied to Congress and threatened other witnesses.Just as Stone was supposed to go to prison, Trump commuted his sentence. Commutation was more useful to the cover-up than an outright pardon. A commuted person retains his Fifth Amendment right not to testify; a pardoned person loses that right.
  • In a second Trump term, radical gerrymandering and ever more extreme voter suppression by Republican governors would become the party’s only path to survival in a country where a majority of the electorate strongly opposes Trump and his party. The GOP would complete its transformation into an avowedly antidemocratic party.
  • Inciting Political ViolenceTrump has used violence as a political resource since he first declared his candidacy, in the summer of 2015. But as his reelection prospects have dimmed in 2020, political violence has become central to Trump’s message. He wants more of it
  • “The more chaos and anarchy and vandalism and violence reigns, the better it is for the very clear choice on who’s best on public safety and law and order,” Trump’s adviser Kellyanne Conway said on Fox & Friends on August 27. Two nights later, a 600-vehicle caravan of Trump supporters headed into downtown Portland, Oregon, firing paintball guns and pepper spray, driving toward a confrontation during which one of them was shot dead.
  • The people best positioned to regulate the level of political violence in the country are local police, whom Trump has again and again urged to do their work in ways that support him, no matter how “tough” that requires them to be. The police are represented by unions often aligned with the Trump campaign
  • “I can tell you,” Trump said in a March 2019 interview with Breitbart News, “I have the support of the police, the support of the military, the support of the Bikers for Trump—I have the tough people, but they don’t play it tough—until they go to a certain point, and then it would be very bad, very bad.”
  • Trump’s appeal is founded on a racial consciousness and a racial resentment that have stimulated white racist terrorism in the United States and the world, from the New Zealand mosque slaughter (whose perpetrator invoked Trump) to the Pittsburgh synagogue murders to mass shootings in El Paso, Texas, and Gilroy, California. In recent weeks, political violence has caused those deaths in Kenosha and Portland
  • It’s a trick of authoritarian populists like Trump to proclaim themselves leaders of “the people,” even as large majorities of the electorate reject them. The authoritarian populist defines “the people” to exclude anyone who thinks differently. Only his followers count as legitimate citizens.
  • Legend has it that in the 1870s, “Boss” William Tweed, the famously corrupt New York City politician, taunted his critics by saying, “What are you going to do about it?”* Trump’s relentless defiance of law and decency does the same. Congress has done nothing. So it’s up to voters.
leilamulveny

The WTO Couldn't Change China, so Robert Lighthizer Found Another Way - WSJ - 0 views

  • Last month, a WTO panel ruled in its favor, declaring most of the U.S. tariffs violated the organization’s rules.
  • The ruling is subject to appeal to the WTO’s top court, the Appellate Body, but that body isn’t functioning because the U.S. has blocked the appointment of new members. Thus, the “phase one” trade deal the U.S. and China reached in January will, for the foreseeable future, govern their bilateral relationship, not the WTO.
  • Mr. Lighthizer argued that the Appellate Body’s enhanced role had turned the WTO from a negotiation forum to a litigation forum. Rather than achieve access to the U.S. market through the painstaking give-and-take of trade negotiations, countries instead ask the WTO to overturn an adverse U.S. trade law or measur
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  • Historically the U.S. sought rules and institutions like the WTO that apply equally to everyone. Under Mr. Trump, the U.S. now crafts its own rules, as it has with China, according to what it considers its own best interest.
  • USTR says up to 90% of cases against the U.S. have led to a finding that some U.S. law or measure violated WTO commitments. True, the U.S. brings lots of WTO cases and wins the vast majority, but what Mr. Lighthizer focuses on is that the U.S. is sued more often than anyone else despite having among the world’s lowest trade barriers.
  • The WTO’s Appellate Body tilted the rules further in China’s favor—for example, by making it difficult to punish anticompetitive subsidies that come via state-owned enterprises, which dominate China’s economy.
  • the prior policy of trying to change China through engagement didn’t work
  • Mr. Trump’s actions may make U.S. allies more, not less, willing to work with it on China. Perhaps the strongest defense of Mr. Lighthizer’s approach to managing China is that it beats the status quo. He said: “The fact that it’s complicated is not a reason not to try to do it. And even if you have a little extra inefficiency in the system, it’s still worth it because the way we [had] it is absolutely crazy. It’s destined to fail.”
Javier E

How Coronavirus Overpowered the World Health Organization - WSJ - 1 views

  • The WHO spent years and hundreds of millions of dollars honing a globe-spanning system of defenses against a pandemic it knew would come. But the virus moved faster than the United Nations agency, exposing flaws in its design and operation that bogged down its response when the world needed to take action.
  • The WHO relied on an honor system to stop a viral cataclysm. Its member states had agreed to improve their ability to contain infectious disease epidemics and to report any outbreaks that might spread beyond their borders. International law requires them to do both.
  • Time and again, countries big and small have failed to do so. The WHO, which isn’t a regulatory agency, lacks the authority to force information from the very governments that finance its programs and elect its leaders
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  • years of painstakingly worded treaties, high-level visits and cutting-edge disease surveillance—all meant to encourage good-faith cooperation—have only bitten around the edges of the problem.
  • “It can’t demand entry into a country because they think something bad is happening.”
  • Nearly 200 countries were counting on an agency whose budget—roughly $2.4 billion in 2020—is less than a sixth of the Maryland Department of Health’s. Its donors, largely Western governments, earmark most of that money for causes other than pandemic preparedness.
  • In 2018 and 2019, about 8% of the WHO’s budget went to activities related to pandemic preparedness
  • the agency’s bureaucratic structure, diplomatic protocol and funding were no match for a pandemic as widespread and fast-moving as Covid-19.
  • To write its recommendations, the WHO solicits outside experts, which can be a slow process.
  • It took those experts more than four months to agree that widespread mask-wearing helps, and that people who are talking, shouting or singing can expel the virus through tiny particles that linger in the air. In that time, about half a million people died.
  • As months rolled on, it became clear that governments were reluctant to allow the U.N. to scold, shame or investigate them.
  • In particular, The Wall Street Journal found:
  • * China appears to have violated international law requiring governments to swiftly inform the WHO and keep it in the loop about an alarming infectious-disease cluster
  • —there are no clear consequences for violations
  • * The WHO lost a critical week waiting for an advisory panel to recommend a global public-health emergency, because some of its members were overly hopeful that the new disease wasn’t easily transmissible from one person to another.
  • * The institution overestimated how prepared some wealthy countries were, while focusing on developing countries, where much of its ordinary assistance is directed
  • Public-health leaders say the WHO plays a critical role in global health, leading responses to epidemics and setting health policies and standards for the world. It coordinates a multinational effort every year to pick the exact strains that go into the seasonal flu vaccine, and has provided public guidance and advice on Covid-19 when many governments were silent.
  • The world’s public-health agency was born weak, created in 1948 over U.S. and U.K. reluctance. For decades, it was legally barred from responding to diseases that it learned about from the news. Countries were required to report outbreaks of only four diseases to the WHO: yellow fever, plague, cholera and smallpox, which was eradicated in 1980.
  • Nearly three times that amount was budgeted for eradicating polio, a top priority for the WHO’s two largest contributors: the U.S. and the Bill & Melinda Gates Foundation.
  • SARS convinced governments to retool the WHO. The next year, delegates arrived in the Geneva palace where the League of Nations once met to resolve a centuries-old paradox: Countries don’t report outbreaks, because they fear—correctly—their neighbors will respond by blocking travel and trade.
  • “Everybody pushed back. No sovereign country wants to have this.”
  • China wanted an exemption from immediately reporting SARS outbreaks. The U.S. argued it couldn’t compel its 50 states to cooperate with the treaty. Iran blocked American proposals to make the WHO focus on bioterrorism. Cuba had an hourslong list of objections.
  • Around 3:15 a.m. on the last day, exhausted delegates ran out of time. The treaty they approved, called the International Health Regulations, imagined that each country would quickly and honestly report, then contain, any alarming outbreaks
  • In return, the treaty discouraged restrictions on travel and trade. There would be no consequences for reporting an outbreak—yet no way to punish a country for hiding one.
  • The treaty’s key chokepoint: Before declaring a “public health emergency of international concern,” or PHEIC, the WHO’s director-general would consult a multinational emergency committee and give the country in question a chance to argue against such a declaration.
  • Delegates agreed this could give some future virus a head start but decided it was more important to discourage the WHO from making any unilateral announcements that could hurt their economies.
  • On Jan. 22, a committee of 15 scientists haggled for hours over Chinese data and a handful of cases in other countries. Clearly, the virus was spreading between people in China, though there was no evidence of that in other countries. The question now: Was it mainly spreading from very sick people in hospitals and homes—or more widely?
  • On Jan. 3, representatives of China’s National Health Commission arrived at the WHO office in Beijing. The NHC acknowledged a cluster of pneumonia cases, but didn’t confirm that the new pathogen was a coronavirus, a fact Chinese officials already knew.
  • That same day, the NHC issued an internal notice ordering laboratories to hand over or destroy testing samples and forbade anyone from publishing unauthorized research on the virus.
  • China’s failure to notify the WHO of the cluster of illnesses is a violation of the International Health Regulations
  • China also flouted the IHR by not disclosing all key information it had to the WHO
  • The WHO said it’s up to member states to decide whether a country has complied with international health law, and that the coming review will address those issues.
  • While Chinese scientists had sequenced the genome and posted it publicly, the government was less forthcoming about how patients might be catching the virus.
  • WHO scientists pored over data they did get, and consulted with experts from national health agencies, including the CDC, which has 33 staff detailed to the WHO.
  • Then a 61-year-old woman was hospitalized in Thailand on Jan. 13.
  • The next day, Dr. van Kerkhove told reporters: “It’s certainly possible that there is limited human-to-human transmission.” MERS and SARS, both coronaviruses, were transmissible among people in close quarters. Epidemiological investigations were under way, she said.
  • Over the next few years, emergency committees struggled over how to determine whether an outbreak was a PHEIC. It took months to declare emergencies for two deadly Ebola epidemics
  • The committee met over two days, but was split. They mostly agreed on one point: The information from China “was a little too imprecise to very clearly state that it was time” to recommend an emergency declaration,
  • On Jan. 28, Dr. Tedros and the WHO team arrived for their meeting with Mr. Xi
  • Leaning across three wooden coffee tables, Dr. Tedros pressed for cooperation. In the absence of information, countries might react out of fear and restrict travel to China, he repeated several times throughout the trip. Mr. Xi agreed to allow a WHO-led international team of experts to visit. It took until mid-February to make arrangements and get the team there.
  • China also agreed to provide more data, and Dr. Tedros departed, leaving Dr. Briand behind with a list of mysteries to solve. How contagious was the virus? How much were children or pregnant women at risk? How were cases linked? This was vital information needed to assess the global risk, Dr. Briand said
  • Back in Geneva, Dr. Tedros reconvened the emergency committee. By now it was clear there was human-to-human transmission in other countries. When it met on Jan. 30, the committee got the information the WHO had been seeking. This time the committee recommended and Dr. Tedros declared a global public-health emergency.
  • President Trump and New York Gov. Andrew Cuomo both assured constituents their health systems would perform well. The U.K.’s chief medical officer described the WHO’s advice as largely directed at poor and middle-income countries. As for keeping borders open, by then many governments had already closed them to visitors from China.
  • The WHO shifted focus to the developing world, where it believed Covid-19 would exact the heaviest toll. To its surprise, cases shot up just across the border, in northern Italy.
  • Lessons learned
  • If there were one thing the WHO might have done differently, it would be to offer wealthier countries the type of assistance with public-health interventions that the WHO provides the developing world
  • the WHO’s warning system of declaring a global public-health emergency needs to change. Some want to see a warning system more like a traffic light—with color-coded alarms for outbreaks, based on how worried the public should be
  • Emergency committees need clearer criteria for declaring a global public-health emergency and should publicly explain their thinking
  • The WHO should have more powers to intervene in countries to head off a health crisis
  • the WHO’s health emergencies unit should report to the director-general and not member states, and its budget should be protected so it doesn’t have to compete with other programs for money.
  • Implementing many of those ideas would require herding diplomats back for another monthslong slog of treaty revisions. If and when such talks begin, new governments will likely be in place, and political priorities will float elsewher
  • “Unfortunately, I’m very cynical about this,” he said. “We are living through cycles of panic and neglect. We’ve been through all of this before.”
Javier E

Whistleblower: Twitter misled investors, FTC and underplayed spam issues - Washington Post - 0 views

  • Twitter executives deceived federal regulators and the company’s own board of directors about “extreme, egregious deficiencies” in its defenses against hackers, as well as its meager efforts to fight spam, according to an explosive whistleblower complaint from its former security chief.
  • The complaint from former head of security Peiter Zatko, a widely admired hacker known as “Mudge,” depicts Twitter as a chaotic and rudderless company beset by infighting, unable to properly protect its 238 million daily users including government agencies, heads of state and other influential public figures.
  • Among the most serious accusations in the complaint, a copy of which was obtained by The Washington Post, is that Twitter violated the terms of an 11-year-old settlement with the Federal Trade Commission by falsely claiming that it had a solid security plan. Zatko’s complaint alleges he had warned colleagues that half the company’s servers were running out-of-date and vulnerable software and that executives withheld dire facts about the number of breaches and lack of protection for user data, instead presenting directors with rosy charts measuring unimportant changes.
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  • “Security and privacy have long been top companywide priorities at Twitter,” said Twitter spokeswoman Rebecca Hahn. She said that Zatko’s allegations appeared to be “riddled with inaccuracies” and that Zatko “now appears to be opportunistically seeking to inflict harm on Twitter, its customers, and its shareholders.” Hahn said that Twitter fired Zatko after 15 months “for poor performance and leadership.” Attorneys for Zatko confirmed he was fired but denied it was for performance or leadership.
  • the whistleblower document alleges the company prioritized user growth over reducing spam, though unwanted content made the user experience worse. Executives stood to win individual bonuses of as much as $10 million tied to increases in daily users, the complaint asserts, and nothing explicitly for cutting spam.
  • Chief executive Parag Agrawal was “lying” when he tweeted in May that the company was “strongly incentivized to detect and remove as much spam as we possibly can,” the complaint alleges.
  • Zatko described his decision to go public as an extension of his previous work exposing flaws in specific pieces of software and broader systemic failings in cybersecurity. He was hired at Twitter by former CEO Jack Dorsey in late 2020 after a major hack of the company’s systems.
  • “I felt ethically bound. This is not a light step to take,” said Zatko, who was fired by Agrawal in January. He declined to discuss what happened at Twitter, except to stand by the formal complaint. Under SEC whistleblower rules, he is entitled to legal protection against retaliation, as well as potential monetary rewards.
  • A person familiar with Zatko’s tenure said the company investigated Zatko’s security claims during his time there and concluded they were sensationalistic and without merit. Four people familiar with Twitter’s efforts to fight spam said the company deploys extensive manual and automated tools to both measure the extent of spam across the service and reduce it.
  • In 1998, Zatko had testified to Congress that the internet was so fragile that he and others could take it down with a half-hour of concentrated effort. He later served as the head of cyber grants at the Defense Advanced Research Projects Agency, the Pentagon innovation unit that had backed the internet’s invention.
  • Overall, Zatko wrote in a February analysis for the company attached as an exhibit to the SEC complaint, “Twitter is grossly negligent in several areas of information security. If these problems are not corrected, regulators, media and users of the platform will be shocked when they inevitably learn about Twitter’s severe lack of security basics.”
  • Zatko’s complaint says strong security should have been much more important to Twitter, which holds vast amounts of sensitive personal data about users. Twitter has the email addresses and phone numbers of many public figures, as well as dissidents who communicate over the service at great personal risk.
  • This month, an ex-Twitter employee was convicted of using his position at the company to spy on Saudi dissidents and government critics, passing their information to a close aide of Crown Prince Mohammed bin Salman in exchange for cash and gifts.
  • Zatko’s complaint says he believed the Indian government had forced Twitter to put one of its agents on the payroll, with access to user data at a time of intense protests in the country. The complaint said supporting information for that claim has gone to the National Security Division of the Justice Department and the Senate Select Committee on Intelligence. Another person familiar with the matter agreed that the employee was probably an agent.
  • “Take a tech platform that collects massive amounts of user data, combine it with what appears to be an incredibly weak security infrastructure and infuse it with foreign state actors with an agenda, and you’ve got a recipe for disaster,” Charles E. Grassley (R-Iowa), the top Republican on the Senate Judiciary Committee,
  • Many government leaders and other trusted voices use Twitter to spread important messages quickly, so a hijacked account could drive panic or violence. In 2013, a captured Associated Press handle falsely tweeted about explosions at the White House, sending the Dow Jones industrial average briefly plunging more than 140 points.
  • After a teenager managed to hijack the verified accounts of Obama, then-candidate Joe Biden, Musk and others in 2020, Twitter’s chief executive at the time, Jack Dorsey, asked Zatko to join him, saying that he could help the world by fixing Twitter’s security and improving the public conversation, Zatko asserts in the complaint.
  • The complaint — filed last month with the Securities and Exchange Commission and the Department of Justice, as well as the FTC — says thousands of employees still had wide-ranging and poorly tracked internal access to core company software, a situation that for years had led to embarrassing hacks, including the commandeering of accounts held by such high-profile users as Elon Musk and former presidents Barack Obama and Donald Trump.
  • But at Twitter Zatko encountered problems more widespread than he realized and leadership that didn’t act on his concerns, according to the complaint.
  • Twitter’s difficulties with weak security stretches back more than a decade before Zatko’s arrival at the company in November 2020. In a pair of 2009 incidents, hackers gained administrative control of the social network, allowing them to reset passwords and access user data. In the first, beginning around January of that year, hackers sent tweets from the accounts of high-profile users, including Fox News and Obama.
  • Several months later, a hacker was able to guess an employee’s administrative password after gaining access to similar passwords in their personal email account. That hacker was able to reset at least one user’s password and obtain private information about any Twitter user.
  • Twitter continued to suffer high-profile hacks and security violations, including in 2017, when a contract worker briefly took over Trump’s account, and in the 2020 hack, in which a Florida teen tricked Twitter employees and won access to verified accounts. Twitter then said it put additional safeguards in place.
  • This year, the Justice Department accused Twitter of asking users for their phone numbers in the name of increased security, then using the numbers for marketing. Twitter agreed to pay a $150 million fine for allegedly breaking the 2011 order, which barred the company from making misrepresentations about the security of personal data.
  • After Zatko joined the company, he found it had made little progress since the 2011 settlement, the complaint says. The complaint alleges that he was able to reduce the backlog of safety cases, including harassment and threats, from 1 million to 200,000, add staff and push to measure results.
  • But Zatko saw major gaps in what the company was doing to satisfy its obligations to the FTC, according to the complaint. In Zatko’s interpretation, according to the complaint, the 2011 order required Twitter to implement a Software Development Life Cycle program, a standard process for making sure new code is free of dangerous bugs. The complaint alleges that other employees had been telling the board and the FTC that they were making progress in rolling out that program to Twitter’s systems. But Zatko alleges that he discovered that it had been sent to only a tenth of the company’s projects, and even then treated as optional.
  • “If all of that is true, I don’t think there’s any doubt that there are order violations,” Vladeck, who is now a Georgetown Law professor, said in an interview. “It is possible that the kinds of problems that Twitter faced eleven years ago are still running through the company.”
  • “Agrawal’s Tweets and Twitter’s previous blog posts misleadingly imply that Twitter employs proactive, sophisticated systems to measure and block spam bots,” the complaint says. “The reality: mostly outdated, unmonitored, simple scripts plus overworked, inefficient, understaffed, and reactive human teams.”
  • One current and one former employee recalled that incident, when failures at two Twitter data centers drove concerns that the service could have collapsed for an extended period. “I wondered if the company would exist in a few days,” one of them said.
  • The current and former employees also agreed with the complaint’s assertion that past reports to various privacy regulators were “misleading at best.”
  • For example, they said the company implied that it had destroyed all data on users who asked, but the material had spread so widely inside Twitter’s networks, it was impossible to know for sure
  • As the head of security, Zatko says he also was in charge of a division that investigated users’ complaints about accounts, which meant that he oversaw the removal of some bots, according to the complaint. Spam bots — computer programs that tweet automatically — have long vexed Twitter. Unlike its social media counterparts, Twitter allows users to program bots to be used on its service: For example, the Twitter account @big_ben_clock is programmed to tweet “Bong Bong Bong” every hour in time with Big Ben in London. Twitter also allows people to create accounts without using their real identities, making it harder for the company to distinguish between authentic, duplicate and automated accounts.
  • In the complaint, Zatko alleges he could not get a straight answer when he sought what he viewed as an important data point: the prevalence of spam and bots across all of Twitter, not just among monetizable users.
  • Zatko cites a “sensitive source” who said Twitter was afraid to determine that number because it “would harm the image and valuation of the company.” He says the company’s tools for detecting spam are far less robust than implied in various statements.
  • The complaint also alleges that Zatko warned the board early in his tenure that overlapping outages in the company’s data centers could leave it unable to correctly restart its servers. That could have left the service down for months, or even have caused all of its data to be lost. That came close to happening in 2021, when an “impending catastrophic” crisis threatened the platform’s survival before engineers were able to save the day, the complaint says, without providing further details.
  • The four people familiar with Twitter’s spam and bot efforts said the engineering and integrity teams run software that samples thousands of tweets per day, and 100 accounts are sampled manually.
  • Some employees charged with executing the fight agreed that they had been short of staff. One said top executives showed “apathy” toward the issue.
  • Zatko’s complaint likewise depicts leadership dysfunction, starting with the CEO. Dorsey was largely absent during the pandemic, which made it hard for Zatko to get rulings on who should be in charge of what in areas of overlap and easier for rival executives to avoid collaborating, three current and former employees said.
  • For example, Zatko would encounter disinformation as part of his mandate to handle complaints, according to the complaint. To that end, he commissioned an outside report that found one of the disinformation teams had unfilled positions, yawning language deficiencies, and a lack of technical tools or the engineers to craft them. The authors said Twitter had no effective means of dealing with consistent spreaders of falsehoods.
  • Dorsey made little effort to integrate Zatko at the company, according to the three employees as well as two others familiar with the process who spoke on the condition of anonymity to describe sensitive dynamics. In 12 months, Zatko could manage only six one-on-one calls, all less than 30 minutes, with his direct boss Dorsey, who also served as CEO of payments company Square, now known as Block, according to the complaint. Zatko allegedly did almost all of the talking, and Dorsey said perhaps 50 words in the entire year to him. “A couple dozen text messages” rounded out their electronic communication, the complaint alleges.
  • Faced with such inertia, Zatko asserts that he was unable to solve some of the most serious issues, according to the complaint.
  • Some 30 percent of company laptops blocked automatic software updates carrying security fixes, and thousands of laptops had complete copies of Twitter’s source code, making them a rich target for hackers, it alleges.
  • A successful hacker takeover of one of those machines would have been able to sabotage the product with relative ease, because the engineers pushed out changes without being forced to test them first in a simulated environment, current and former employees said.
  • “It’s near-incredible that for something of that scale there would not be a development test environment separate from production and there would not be a more controlled source-code management process,” said Tony Sager, former chief operating officer at the cyberdefense wing of the National Security Agency, the Information Assurance divisio
  • Sager is currently senior vice president at the nonprofit Center for Internet Security, where he leads a consensus effort to establish best security practices.
  • The complaint says that about half of Twitter’s roughly 7,000 full-time employees had wide access to the company’s internal software and that access was not closely monitored, giving them the ability to tap into sensitive data and alter how the service worked. Three current and former employees agreed that these were issues.
  • “A best practice is that you should only be authorized to see and access what you need to do your job, and nothing else,” said former U.S. chief information security officer Gregory Touhill. “If half the company has access to and can make configuration changes to the production environment, that exposes the company and its customers to significant risk.”
  • The complaint says Dorsey never encouraged anyone to mislead the board about the shortcomings, but that others deliberately left out bad news.
  • When Dorsey left in November 2021, a difficult situation worsened under Agrawal, who had been responsible for security decisions as chief technology officer before Zatko’s hiring, the complaint says.
  • An unnamed executive had prepared a presentation for the new CEO’s first full board meeting, according to the complaint. Zatko’s complaint calls the presentation deeply misleading.
  • The presentation showed that 92 percent of employee computers had security software installed — without mentioning that those installations determined that a third of the machines were insecure, according to the complaint.
  • Another graphic implied a downward trend in the number of people with overly broad access, based on the small subset of people who had access to the highest administrative powers, known internally as “God mode.” That number was in the hundreds. But the number of people with broad access to core systems, which Zatko had called out as a big problem after joining, had actually grown slightly and remained in the thousands.
  • The presentation included only a subset of serious intrusions or other security incidents, from a total Zatko estimated as one per week, and it said that the uncontrolled internal access to core systems was responsible for just 7 percent of incidents, when Zatko calculated the real proportion as 60 percent.
  • Zatko stopped the material from being presented at the Dec. 9, 2021 meeting, the complaint said. But over his continued objections, Agrawal let it go to the board’s smaller Risk Committee a week later.
  • Agrawal didn’t respond to requests for comment. In an email to employees after publication of this article, obtained by The Post, he said that privacy and security continues to be a top priority for the company, and he added that the narrative is “riddled with inconsistences” and “presented without important context.”
  • On Jan. 4, Zatko reported internally that the Risk Committee meeting might have been fraudulent, which triggered an Audit Committee investigation.
  • Agarwal fired him two weeks later. But Zatko complied with the company’s request to spell out his concerns in writing, even without access to his work email and documents, according to the complaint.
  • Since Zatko’s departure, Twitter has plunged further into chaos with Musk’s takeover, which the two parties agreed to in May. The stock price has fallen, many employees have quit, and Agrawal has dismissed executives and frozen big projects.
  • Zatko said he hoped that by bringing new scrutiny and accountability, he could improve the company from the outside.
  • “I still believe that this is a tremendous platform, and there is huge value and huge risk, and I hope that looking back at this, the world will be a better place, in part because of this.”
Javier E

Opinion | How to Reboot Free Speech on Campus - The New York Times - 0 views

  • In the course of those cases and confrontations, I’ve learned that the issue of campus protest is remarkably complex and that campus culture is at least as important as law and policy in setting the boundaries of debate.
  • There is profound confusion on campus right now around the distinctions between free speech, civil disobedience and lawlessness. At the same time, some schools also seem confused about their fundamental academic mission
  • Does the university believe it should be neutral toward campus activism — protecting it as an exercise of the students’ constitutional rights and academic freedoms, but not cooperating with student activists to advance shared goals — or does it incorporate activism as part of the educational process itself, including by coordinating with the protesters and encouraging their activism?
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  • The simplest way of outlining the ideal university policy toward protest is to say that it should protect free speech, respect civil disobedience and uphold the rule of law
  • universities should protect the rights of students and faculty on a viewpoint-neutral basis, and they should endeavor to make sure that every member of the campus community has the same access to campus facilities and resources.
  • That also means showing no favoritism between competing ideological groups in access to classrooms, in the imposition of campus penalties and in access to educational opportunities
  • Indefinitely occupying a quad violates the rights of other speakers to use the same space. Relentless, loud protest violates the rights of students to sleep or study in peace. And when protests become truly threatening or intimidating, they can violate the civil rights of other students, especially if those students are targeted on the basis of their race, sex, color or national origin.
  • Noise limits can protect the ability of students to study and sleep. Restricting the amount of time any one group can demonstrate on the limited open spaces on campus permits other groups to use the same space.
  • Civil disobedience is distinct from First Amendment protected speech. It involves both breaking an unjust law and accepting the consequences.
  • In a 1965 appearance on “Meet the Press,” the Rev. Dr. Martin Luther King Jr. described the principle perfectly: “When one breaks the law that conscience tells him is unjust, he must do it openly, he must do it cheerfully, he must do it lovingly, he must do it civilly — not uncivilly — and he must do it with a willingness to accept the penalty.”
  • But what we’re seeing on a number of campuses isn’t free expression, nor is it civil disobedience. It’s outright lawlessness
  • reasonable time, place and manner restrictions are indispensable in this context. Time, place and manner restrictions are content-neutral legal rules that enable a diverse community to share the same space and enjoy equal rights.
  • Administrators and faculty members will often abandon any pretense of institutional neutralit
  • For many administrators, the very idea of neutrality is repugnant. It represents a form of complicity in injustice that they simply can’t and won’t stomach. So they nurture and support one side. They scorn the opposition, adopting a de facto posture that says, “To my friends, everything; for my enemies, the law.”
  • In March, a small band of pro-Palestinian students at Vanderbilt University in Nashville pushed past a security guard so aggressively that they injured him, walked into a university facility that was closed to protest, and briefly occupied the building. The university had provided ample space for protest, and both pro-Israel and pro-Palestinian students had been speaking and protesting peacefully on campus since Oct. 7.
  • But these students weren’t engaged in free speech. Nor were they engaged in true civil disobedience. Civil disobedience does not include assault, and within hours the university shut them down. Three students were arrested in the assault on the security guard, and one was arrested on charges of vandalism. More than 20 students were subjected to university discipline; three were expelled; and one was suspended.
  • The University of Chicago has long adhered to the Kalven principles, a statement of university neutrality articulated in 1967 by a committee led by one of the most respected legal scholars of the last century, Harry Kalven Jr. At their heart, the Kalven principles articulate the view that “the instrument of dissent and criticism is the individual faculty member or the individual student. The university is the home and sponsor of critics; it is not itself the critic. It is, to go back once again to the classic phrase, a community of scholars.”
Javier E

Bruce Bartlett: The Debt Limit Is the Real Fiscal Cliff - NYTimes.com - 0 views

  • Washington is all abuzz over the impending tax increases and spending cuts referred to as the fiscal cliff, an absurdly inaccurate term that both Democrats and Republicans have unfortunately adopted in order to pursue their own agendas. In truth, it is a nonproblem unless every impending tax increase and spending cut takes effect permanently – something so unlikely as to be effectively impossible.
  • there is a very real fiscal problem that will occur almost simultaneously – expiration of the debt limit. Much of what passes for fiscal-cliff concern is actually anxiety about whether Republicans in Congress will force a default on the nation’s debt in pursuit of their radical agenda.
  • No less an authority than the anti-tax activist Grover Norquist, who basically controls the Republican Party’s fiscal policy, has said repeatedly that the debt limit is where the real fight will be over the next several weeks
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  • MR. ALLEN: O.K., O.K., wait. You’re proposing that the debt ceiling be increased month by month? MR. NORQUIST: Monthly. Monthly. Monthly if he’s good, weekly if he’s not.
  • In short, the debt limit is a hostage that Republicans are willing to kill or maim in pursuit of their agenda. They have made this clear ever since the debt ceiling debate in 2011, in which the Treasury came very close to defaulting on the debt.
  • At some point, Treasury will lack the cash to pay the bills that are due and it will face nothing but unthinkable choices – don’t pay interest to bondholders and default on the debt, don’t pay Social Security benefits, don’t pay our soldiers in the field and so on.
  • At the risk of stating the obvious, the debt limit is nuts. It serves no useful purpose to allow members of Congress to vote for vast cuts in taxation and increases in spending and then tell the Treasury it is not permitted to sell bonds to cover the deficits Congress created. To my knowledge, no other nation has such a screwy system.
  • In a new book, “Is U.S. Government Debt Different?,” Howell Jackson, a law professor at Harvard, walks through options for prioritizing government spending in the event that Republicans insist on committing financial suicide. They are all illegal or unconstitutional to one degree or another. They would require the Treasury to either abrogate Congress’s taxing power, spending power or borrowing power.
  • the question of what a president should do when he must act and all his options are unconstitutional. They cite Abraham Lincoln’s July 4, 1861, message to Congress in support of the idea that some laws are more unconstitutional than others and the president is empowered to violate the one that is least unconstitutional when he has no other option. Said Lincoln, “To state the question more directly, are all the laws, but one, to go unexecuted, and the government itself go to pieces, lest that one be violated?”
  • In the present case, of course, the one law would be the debt limit, which Professors Buchanan and Dorf say is less binding on the president than unilaterally cutting spending or raising taxes without congressional approval. Hence, if Republicans are truly mad and absolutely refuse to raise the debt limit, thereby risking default or the nonpayment of essential government bills, Professors Buchanan and Dorf believe the president would have the authority to sell bonds over and above the limit.
  • There are a host of practical problems any time the president is forced into uncharted constitutional territory, as Lincoln so often was. But when faced with an extortion demand from a political party that no longer feels bound by the historical norms of conduct, the president must be willing to do what has to be done.
sarahbalick

Exclude Hungary from EU, says Luxembourg's Asselborn - BBC News - 0 views

  • Exclude Hungary from EU, says Luxembourg's Asselborn
  • Luxembourg Foreign Minister Jean Asselborn has called for Hungary to be suspended or even expelled from the European Union because of its "massive violation" of EU fundamental values.
  • "Hungary is not far away from issuing orders to open fire on refugees," he suggested.
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  • "becoming impatient, it is not my personal approach to show a member state the door".
  • The EU could not tolerate "such inappropriate behaviour", he said, and any state that violated such basic values "should be excluded temporarily, or if necessary for ever, from the EU''. It was "the only possibility to protect the cohesion and values of the European Union,'' he said.
  • "could not be taken seriously".
  • The head of Hungarian diplomacy described his Luxembourg counterpart as a "classic nihilist" who worked tirelessly to destroy Europe's security and culture. By way of contrast, Hungary was defending not only its own territory, but that of the EU as well, the foreign minister insisted.
  • "Only Hungarians have the right to decide who they wish to live with."
Megan Flanagan

U.N. Suspends Convoys to Syria After Attack on Aid Trucks - The New York Times - 0 views

  • The United Nations suspended all aid convoys in Syria on Tuesday, the day after a deadly airstrike on trucks loaded with crucial supplies of food and medicine.
  • seeking to confirm the number of people killed and wounded in the attack on Monday nigh
  • the attack would amount to a war crime if it were found to have targeted humanitarian aid workers.
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  • called for an independent investigation, adding that “the perpetrators should know that they will one day be held accountable for violations of international humanitarian and human rights law.”
  • bombs also destroyed a hospital
  • killed a senior official of the Syrian Arab Red Crescent
  • Repeated strikes by aircraft destroyed 18 of 31 trucks that the United Nations said had been clearly marked as a humanitarian convoy.
  • he United States would reassess the prospects for cooperation with Russia in light of this “egregious violation” of the week-old cessation of hostilities.
  • believed to have been the first time a convoy has come under attack by aircraft
izzerios

James Mattis Calls Iran 'Biggest Destabilizing Force' in Region - The New York Times - 0 views

  • President-elect Donald J. Trump’s choice for defense secretary, Gen. James N. Mattis
  • The retired Marine general provided his written responses on an array of policy questions to the Senate Armed Services Committee, which is meeting Thursday morning to take up his nomination for defense secretary, as well as to consider the legal waiver that would be needed so that he could serve in the Pentagon’s top civilian job.
  • The document is intended to serve as a guide to lawmakers who will be questioning General Mattis, and it will become part of the permanent hearing record.
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  • On some issues, General Mattis appeared to take a starker view of the dangers faced by the United States than Mr. Trump
  • he asserted that the United States needed to maintain its influence there long after Mosul was captured from the Islamic State, also known as ISIS or ISIL. “Our principal interest in Iraq is to ensure that it does not become a rump state of the regime in Tehran,”
  • he described the fighting as a major threat to American national security interests, offering a more alarming view of the crisis than the Obama administration and, at times, than Mr. Trump.
  • “The brutal civil war in Syria has destabilized the Middle East, contributed to the destabilization of Europe and threatened allies like Israel, Jordan and Turkey, all while ISIS, Iran and Russia have profited from the chaos
  • “Challenges posed by Russia include alarming messages from Moscow regarding the use of nuclear weapons; treaty violations; the use of hybrid warfare tactics to destabilize other countries; and involvement in hacking and information warfare,”
  • Mr. Trump said during the campaign that it might be necessary to “take out” terrorists’ families to win the war against the Islamic State. General Mattis categorically opposes such an approach. “The killing of noncombatants in a war against a nonstate enemy violates Common Article 3 of the Geneva Conventions,” he wrote.
  • he opposed military exchanges or security cooperation with Raúl Castro’s Cuba.
  • “We all remember what it felt like on 9/11 and 9/12,” he wrote. “We should do what is necessary to prevent such an attack from occurring again.”
  • General Mattis said he saw Iran as an increasing threat. “Iranian malign influence in the region is growing,”
  • He said the alliance “enormously” benefits American security. “The alliance must harness renewed political will to confront and walk back aggressive Russian actions,”
  • “Legal questions aside, it is my view that such actions would be self-defeating and a betrayal of our ideals.”
  • “Having demonstrated 40 years of loyalty to the principle of civilian control and to the U.S. Constitution, I know what to expect from the uniformed leadership,”
  • “Furthermore, I understand what is required of the civilians tasked with leading our military services.”
lindsayweber1

Report: Chicago police use excessive force and often treat people "as animals or subhum... - 0 views

  • The Chicago Police Department routinely violates civil rights, uses unnecessary force, discriminates against minority residents, and fails to hold officers accountable — creating a climate of distrust, violence, and fear that makes residents and cops unsafe. That’s according to a massive new report that the US Department of Justice released on Friday.
  • The investigation followed the police shooting of Laquan McDonald in October 2014. Officer Jason Van Dyke, who shot McDonald, initially claimed that the black 17-year-old lunged at police officers and posed a dangerous threat. But a dashboard camera video released in 2015 showed that McDonald was at least 10 feet away from the officers and didn’t move toward police. The revelation worsened already-tense community relations with the police, leading the Justice Department to get involved in its biggest investigation of a local police department yet.
  • For example, raw statistics show that Chicago police officers use force almost 10 times more often against black residents than against their white counterparts.
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  • The report is likely the Justice Department’s last major investigation before President-elect Donald Trump takes office. During President Barack Obama’s tenure, the Justice Department has aggressively investigated nearly two dozen police departments and pushed for reform, particularly after high-profile police killings. But Trump and his attorney general nominee, Jeff Sessions, have voiced skepticism of the investigations, suggesting that the Trump administration will do less to hold local police departments accountable through the Justice Department.
  • Yet just 1.3 percent of complaints over racist language between 2011 and March 2016 were sustained by internal investigators, the Justice Department found.
  • We found that officers engage in tactically unsound and unnecessary foot pursuits, and that these foot pursuits too often end with officers unreasonably shooting someone — including unarmed individuals.
  • CPD has not provided officers with adequate guidance to understand how and when they may use force, or how to safely and effectively control and resolve encounters to reduce the need to use force
  • But it’s not just tolerance; at times the police department appears to engage in an active cover-up — particularly through “a code of silence” and by hiding evidence.
  • One particularly striking statistic: More than 30,000 complaints are made against the Chicago Police Department every year. But while the department sustains less than 2 percent of those complaints, most are never investigated at all.
  • Still, it’s worth emphasizing that these findings may not be exclusive to Chicago. Whether it’s Baltimore, Cleveland, New Orleans, or Ferguson, Missouri, the Justice Department has found horrific constitutional violations in how police use force, how they target minority residents, how they stop and ticket people, and virtually every other aspect of policing. These issues come up time and time again, no matter the city that federal investigators look at.In that sense, it’s not just Chicago policing that’s flawed, but American policing as a whole.
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