The Daily Parker

Politics, Weather, Photography, and the Dog

Not enough time on my hands

I thought the weekend of Canada Day and the weekend before Independence Day wouldn't have much a lot of news. I was wrong:

  • Ontario Premier Doug Ford (the brother of Rob Ford) cancelled Canada Day celebrations in Toronto*. (Imagine the Governor of Virginia or the Mayor of DC canceling the 4th of July and you've about got it.) Fortunately for the city, the Ontario legislature reinstated them.
  • You know how I write about how urban planning can make people happier, healthier, and friendlier? Yah, this city in California is my idea of hell. I hope the developers lost all their money.
  • In contrast, I learned of the Lil Yellow House while in Toronto, and the rap video the real-estate agent created to sell it. (It sold quickly, for C$500,000.)
  • Apparently, my drinking gets me a B-. (80% of Americans drink 6.75 drinks per week or less; the top 10% drink 15.28 per week. This is the one B- I'm happy to have.)
  • My alma mater recently published new research linking your email address to your credit score.
  • Alabama prosecutors have brought charges for manslaughter against a woman who miscarried after getting shot. No, really. Because Alabama.
  • Former President Jimmy Carter called out President Trump on the (alleged) illegitimacy of his election.
  • The New Republic adds to the chorus of organizations surprised at what it actually took to get the Supreme Court to call bullshit.
  • Ever wonder how often two bags of Skittles candy have the same proportions of flavors? No, me neither. But this guy did.
  • Windows has a case-insensitive file system; Git is case-sensitive. Do the math.
  • Um. That's not a pet bird.

*Those celebrations will be here, on the right, in this view from my hotel room yesterday:

MH370: Epitaph

William Langewiesche, a pilot and journalist, has examined some of the worst air disasters in modern history. I read Fly By Wire in an hour and a half. His reporting on the demolition of the World Trade Center is legendary.

In the upcoming issue of The Atlantic, Langewiesche assembles the best evidence we have about the disappearance of Malaysian Airlines flight 370 on 8 March 2014. It's a must-read for anyone interested in aviation:

Primary radar relies on simple, raw pings off objects in the sky. Air-traffic-control systems use what is known as secondary radar. It depends on a transponder signal that is transmitted by each airplane and contains richer information—for instance, the airplane’s identity and altitude—than primary radar does. Five seconds after MH370 crossed into Vietnamese airspace, the symbol representing its transponder dropped from the screens of Malaysian air traffic control, and 37 seconds later the entire airplane disappeared from secondary radar. The time was 1:21 a.m., 39 minutes after takeoff. The controller in Kuala Lumpur was dealing with other traffic elsewhere on his screen and simply didn’t notice. When he finally did, he assumed that the airplane was in the hands of Ho Chi Minh, somewhere out beyond his range.

The Vietnamese controllers, meanwhile, saw MH370 cross into their airspace and then disappear from radar. They apparently misunderstood a formal agreement by which Ho Chi Minh was supposed to inform Kuala Lumpur immediately if an airplane that had been handed off was more than five minutes late checking in. They tried repeatedly to contact the aircraft, to no avail. By the time they picked up the phone to inform Kuala Lumpur, 18 minutes had passed since MH370’s disappearance from their radar screens. What ensued was an exercise in confusion and incompetence. Kuala Lumpur’s Aeronautical Rescue Coordination Centre should have been notified within an hour of the disappearance. By 2:30 a.m., it still had not been. Four more hours elapsed before an emergency response was finally begun, at 6:32 a.m.

The mystery surrounding MH370 has been a focus of continued investigation and a source of sometimes feverish public speculation. The loss devastated families on four continents. The idea that a sophisticated machine, with its modern instruments and redundant communications, could simply vanish seems beyond the realm of possibility. It is hard to permanently delete an email, and living off the grid is nearly unachievable even when the attempt is deliberate. A Boeing 777 is meant to be electronically accessible at all times. The disappearance of the airplane has provoked a host of theories. Many are preposterous. All are given life by the fact that, in this age, commercial airplanes don’t just vanish.

This one did, and more than five years later its precise whereabouts remain unknown. Even so, a great deal about the disappearance of MH370 has come into clearer view, and reconstructing much of what happened that night is possible. The cockpit voice recorder and the flight-data recorder may never be recovered, but what we still need to know is unlikely to come from the black boxes. Instead, it will have to come from Malaysia.

What follows should give anyone who cares about functioning institutions pause. Langewiesche doesn't so much indict the Malaysian government for incompetence as simply lay out the facts and let the reader decide, a la Robert Mueller. Example:

For all its expensive equipment, the air force had failed at its job and could not bring itself to admit the fact. In an Australian television interview, the former Malaysian defense minister said, “If you’re not going to shoot it down, what’s the point in sending [an interceptor] up?” Well, for one thing, you could positively identify the airplane, which at this point was just a blip on primary radar. You could also look through the windows into the cockpit and see who was at the controls.

Had MH370 belonged to (or flown out of) a functioning, institutional government, we might actually have found it and known what happened.

Langewiesche alone should give you enough reason to subscribe to The Atlantic. Grab this month's issue and see so many others.

Getting away with it

President Trump's two biggest liars supporters made news today, one by quitting, and the other by refusing to.

First, the president announced yesterday that Press Secretary Sarah Sanders would leave at the end of the month. Though it remained unclear whether Sanders knew about this before the Tweet, she confirmed she will depart government service in two weeks, after successfully destroying the credibility of her office over the past two years:

The White House press secretary—the office, if not the person—is an outgrowth of the idea that, in a democracy, information matters, and facts matter, and while politicians and the press may tangle and tussle, they are ultimately on the same team. Sanders, who ascended to the press-secretary role in July of 2017, after the brief and peevish tenure of Sean Spicer, publicly rejected that idea. To watch a Sanders press conference, or to watch her representing the White House on cable news, was to be confronted with a vision of America that is guided by political Darwinism—an environment in which everything is a competition, with the winner determined by who can shout the loudest, who can distract the most effectively, who can get in the best insult before the time for questioning is over.

Here is some of the misinformation Sanders has spread on behalf of the White House: She has insisted that her boss never “promoted or encouraged violence,” although Donald Trump, among many other such promotions, said of a protester who’d been ejected from a 2016 rally, “I’d like to punch him in the face.” She has outright dismissed the stories of the multiple women who have accused Trump of sexual abuse as lies. She has told reporters that she’d heard from “countless” FBI agents who were happy that Trump had fired James Comey in 2017; she would later characterize that, to Robert Mueller, as a mere “slip of the tongue.”

Her broader legacy, though, is an acquiescence to the idea that facts themselves have a political bias. The agent of a president who has transformed “fake news” from an offhanded insult into a democratic anxiety, Sanders has used her powerful pulpit to promote the “Fake News Awards,” her boss’s carnivalesque attempt to institutionalize his mockery of the American media. She has accused reporters of “purposefully misleading the American people.” She has deflected; she has belittled; she has eye-rolled; she has condescended; she has obfuscated; she has misled; she has lied. And she has treated it all as a battle to be won. So many of the public interactions Sanders has conducted with reporters—whether Acosta or April Ryan or Jim Sciutto or Brian Karem or the many other members of the press who are charged with reporting on the daily doings of the White House—have been wars in miniature. And, day by day, the martial logic lurking in the way Americans talk about their politics—the campaign and the press corps, the war room—has been made ever more literal. What is true about the world we all navigate, together? That becomes a less important question than who is winning in it.

Margaret Sullivan calls Sanders "the disdainful Queen of Gaslighting."

Meanwhile, after years of obvious, repeated violations of the Hatch Act (prohibiting government employees from making public political statements), the Office of Special Counsel recommended that the White House fire Kellyanne Conway. The Trump-appointed OSC head made this recommendation. Conway's response? "Blah, blah, blah:"

It’s not that Conway is unaware of the rules. She’s openly thumbed her nose at them. In a May interview, when asked about overstepping the rules, she replied, “If you’re trying to silence me through the Hatch Act, it’s not going to work … Let me know when the jail sentence starts.”

Her cavalier attitude toward the law, while galling, is also probably safe. The Hatch Act is written with the understanding that the president would not want his aides flagrantly and wantonly violating the law, and only the president can fire a senior aide for violating the law. In the Trump administration, that has been revealed as a loophole, since this particular president has no inclination to punish violations that benefit him. (One of the most outspoken critics of Trump’s disrespect for laws and regulations has been the longtime Republican lawyer George Conway, who has used his Twitter feed to criticize the president. He also happens to be married to Kellyanne Conway. As of this writing, George Conway had not yet commented.)

We need to get these people out of office as soon as legally possible. Unfortunately, they can still do a lot of damage between now and January 2021.

Welcome home, Attila

The former owner of Chicago restaurant Embeya has returned to the city to face charges he misappropriated $300,000 of the restaurant's money:

Attila Gyulai hasn’t been seen in Chicago since traveling overseas in 2016 shortly after shuttering Embeya — then one of the city's most illustrious restaurants. At the time, Gyulai blamed family obligations and the demands of running a restaurant.

But his partners, Thai and Danielle Dang, filed a lawsuit alleging he had been looting the business. And more than a year and a half later, federal prosecutors charged Gyulai with wire fraud, alleging he had misappropriated at least $300,000 “by means of materially false and fraudulent pretenses, representations and promises.”

Gyulai was arrested in late December in Valencia, Spain, where he’d traveled from Ecuador on a 10-day vacation. He waived extradition in March and was finally brought back to the U.S. to face the charges this month, court records show.

An upscale Vietnamese restaurant on the highly competitive Randolph Row, Embeya opened in 2012 to praise for polished cooking by chef Thai Dang and the artfully designed dining room.

Yet the charges alleged that Gyulai, who with his wife owned 56.5 percent of the restaurant and handled the finances, was engaged in fraud from as early as August 2011 to just after Embeya closed.

When the Dangs raised concerns about how the restaurant was being managed, Gyulai fired them and brought in a new chef.

The Dangs prevailed in two court cases against Gyulai, one for $90,000 in unpaid wages and another for breach-of-fiduciary duty among other claims, winning a $1.4 million default judgment in May 2017, according to a previous Tribune report. 

I guess $300,000 doesn't go as far as it used to. Maybe he's just done running? Or maybe he forgot Spain and the US cooperate on law enforcement?

Weed did it, Illinois edition

The Illinois legislature has passed a bill legalizing small amounts of recreational marijuana and directing the governor to pardon thousands of low-level drug offenders:

Illinois is poised to be the 11th state in the country to legalize recreational marijuana beginning Jan. 1, 2020.

The state House of Representatives approved its legalization bill 66-47 on Friday. Democratic Gov. JB Pritzker, who campaigned on legalizing cannabis, quickly released a statement saying he’ll sign the legislation.

“It is time to hit the reset button on the war on drugs,” said State Rep. Kelly Cassidy, D-Chicago. “What is before us is the first in the nation to approach this legislatively, deliberatively, thoughtfully with an eye toward repairing the harm of the war on drugs.”

The bill would allow adults over 21 to possess and use marijuana recreationally starting next year. They’d be able to buy the drug at dispensaries that must undergo a rigorous state licensing process.

One big component of the bill would create a pathway for people with past marijuana convictions to have those wiped out. Anyone convicted of selling up to 30 grams of cannabis could gain executive clemency through the governor.

For convictions linked to the sale of larger amounts up to 500 grams, a state’s attorney or individuals could petition the court to have those criminal records vacated and expunged.

The law will take effect January 1st. However, marijuana still remains illegal in the United States, so Federal authorities could still arrest and prosecute users, just as they can in the other 10 legal states.

Crain's adds:

Among the most controversial provisions were pardons and expungement of past criminal convictions for possession and non-violent crimes as part of a broader effort to undue some of the effects from the war on drugs.

“The war on drugs ravaged my community and personally impacted my own family,” Rep. Marcus Evans, a South Side Democrat, testified before the vote. "Finally, the state of Illinois is going to look at my community and say, 'We want you to have a piece of the pie.' The only thing that’s going to help our community is jobs. I’ve never seen a piece of legislation that was going to help my community."

Expungements and pardons could affect up to 800,000 people in the state.

That garnered key support for the bill in communities hit hardest by the "war on drugs."

Laughed out of court

Federal judge Amit Mehta could not believe the arguments the president's lawyer, William Consovoy, made on Monday:

Consovoy, a beefy former law clerk to Justice Clarence Thomas, offered two related points:

(A) Congress can’t issue a subpoena or otherwise probe a president unless it is doing so for a “legitimate legislative purpose.”

(B) Any “legitimate legislative purpose” Congress could conceivably devise would be unconstitutional.

As a result, Consovoy argued, Congress can’t investigate to see if a law is being broken, can’t inform the public of wrongdoing by the executive and can’t look for presidential conflicts of interest or corruption, because that would be “law enforcement.”

I can't believe these arguments either. Dana Milbank suggests that Consovoy expects to drag out the appeals process and essentially run out the clock on Congress's ongoing investigations.

This may explain why Democratic activist Tom Steyer released this ad yesterday:

Pretty damning stuff. And it gets to the frustration that many of us feel.

I'm willing to give the House Democrats more time. But just a little. Because we need to get the facts out there before the next election.

More news today

Though we'll probably talk about this week's news out of Mauna Loa for many years to come, other stories got to my inbox today:

And finally, the Illinois Craft Brewers Guild has a new Summer Passport program that entitles people to a free membership after getting stamps at 40 brewpubs and taprooms between now and August 10th. Forty breweries in 87 days? Challenge...accepted!

How to protect your data from being stolen

Sadly, you can't. But you can protect yourself from identity theft, as Bruce Schneier explains:

The reality is that your sensitive data has likely already been stolen, multiple times. Cybercriminals have your credit card information. They have your social security number and your mother's maiden name. They have your address and phone number. They obtained the data by hacking any one of the hundreds of companies you entrust with the data­ -- and you have no visibility into those companies' security practices, and no recourse when they lose your data.

Given this, your best option is to turn your efforts toward trying to make sure that your data isn't used against you. Enable two-factor authentication for all important accounts whenever possible. Don't reuse passwords for anything important -- ­and get a password manager to remember them all.

Do your best to disable the "secret questions" and other backup authentication mechanisms companies use when you forget your password­ -- those are invariably insecure. Watch your credit reports and your bank accounts for suspicious activity. Set up credit freezes with the major credit bureaus. Be wary of email and phone calls you get from people purporting to be from companies you do business with.

At the very least, download a password safe (like the one Schneier himself helped write) and make sure that you use a different, random password for everything.

The fart of the deal

Everyone knew that Donald Trump lost millions on bad business deals and bad management in the 1980s and 1990s. But we never knew how badly he dealt and managed until now. The New York Times obtained official IRS data on Trump's tax returns from the years 1985 to 1994, showing he lost a staggering $1.17 billion during that period—equivalent to more than $2 billion today:

Mr. Trump appears to have lost more money than nearly any other individual American taxpayer, The Times found when it compared his results with detailed information the I.R.S. compiles on an annual sampling of high-income earners. His core business losses in 1990 and 1991 — more than $250 million each year — were more than double those of the nearest taxpayers in the I.R.S. information for those years.

Over all, Mr. Trump lost so much money that he was able to avoid paying income taxes for eight of the 10 years. It is not known whether the I.R.S. later required changes after audits.

The new information also suggests that Mr. Trump’s 1990 collapse might have struck several years earlier if not for his brief side career posing as a corporate raider. From 1986 through 1988, while his core businesses languished under increasingly unsupportable debt, Mr. Trump made millions of dollars in the stock market by suggesting that he was about to take over companies. But the figures show that he lost most, if not all, of those gains after investors stopped taking his takeover talk seriously.

Jennifer Rubin finds five takeaways from the report, and Trump's non-denial of it. Her final point is spot-on:

Finally, do not expect the revelations to dim the Trump cult’s reverence for its leader. If he isn’t really as rich as he said, they will commend him for pulling a fast one (even on voters). If the story is false, it’s one more bit of evidence for their media paranoia. Sadly, the Fox News and talk-radio crowd long ago jettisoned any concerns that they’ve invested their hopes in a con man, someone who has lied and finagled his way through life and into the White House. To admit that would be to recognize they were dupes, victims of another Trump scam. That, they will never do.

The Trump cultists have gone this far and they will go farther. As Matt Ford says, we have not even begun to approach "peak Trump." It's going to be a very long 18 months until the next election.

Well, yes, and he still might be

So far, 657 former Federal prosecutors, appointed by presidents from both parties, have signed a letter pointing out the obvious conclusions of the Mueller Report:

Each of us believes that the conduct of President Trump described in Special Counsel Robert Mueller’s report would, in the case of any other person not covered by the Office of Legal Counsel policy against indicting a sitting President, result in multiple felony charges for obstruction of justice.

The Mueller report describes several acts that satisfy all of the elements for an obstruction charge: conduct that obstructed or attempted to obstruct the truth-finding process, as to which the evidence of corrupt intent and connection to pending proceedings is overwhelming. These include:

· The President’s efforts to fire Mueller and to falsify evidence about that effort;

· The President’s efforts to limit the scope of Mueller’s investigation to exclude his conduct; and

· The President’s efforts to prevent witnesses from cooperating with investigators probing him and his campaign.

As former federal prosecutors, we recognize that prosecuting obstruction of justice cases is critical because unchecked obstruction — which allows intentional interference with criminal investigations to go unpunished — puts our whole system of justice at risk. We believe strongly that, but for the OLC memo, the overwhelming weight of professional judgment would come down in favor of prosecution for the conduct outlined in the Mueller Report.

At some point, the president will leave office. Could the DOJ indict him at that point? The statute of limitations on obstruction is 5 years.

Each of the Republicans in the Senate who continue to cover for the president are complicit in this obstruction. So are the cabinet officials, including Attorney General Barr, who continue to obfuscate or outright lie about it.

The election is in 546 days.