The Daily Parker

Politics, Weather, Photography, and the Dog

Bad faith and unfair dealing

The bankruptcy court for the Northern District of Texas has dismissed the National Rifle Association's bankruptcy petition as a sham meant to avoid the New York Attorney General's case against them:

"The question the Court is faced with is whether the existential threat facing the NRA is the type of threat that the Bankruptcy Code is meant to protect against. The Court believes it is not," U.S. Bankruptcy Judge Harlin Hale wrote in a 38-page decision.

The group filed for bankruptcy in January at the direction of the NRA's chief executive, Wayne LaPierre — and unbeknownst to some of the organization's board of directors and top officials.

"What concerns the Court most though is the surreptitious manner in which Mr. LaPierre obtained and exercised authority to file bankruptcy for the NRA. Excluding so many people from the process of deciding to file for bankruptcy, including the vast majority of the board of directors, the chief financial officer, and the general counsel, is nothing less than shocking," the Northern District of Texas judge wrote.

Bankruptcy judges tend not to take a lot of bullshit. I'm pretty sure Judge Hale not only found the NRA's petition baldly disingenuous, but he probably also believed that the NRA chose to file in his court because Wayne LaPierre thought a court in Texas might have some sympathy for the gun-rights organization. Maybe Hale does; but that clearly didn't translate into sympathy for LaPierre.

Pass the popcorn.

Wait, what?

The United States Postal Service has a surveillance program that tracks social media posts for law enforcement, and no one can say why:

The details of the surveillance effort, known as iCOP, or Internet Covert Operations Program, have not previously been made public. The work involves having analysts trawl through social media sites to look for what the document describes as “inflammatory” postings and then sharing that information across government agencies.

“Analysts with the United States Postal Inspection Service (USPIS) Internet Covert Operations Program (iCOP) monitored significant activity regarding planned protests occurring internationally and domestically on March 20, 2021,” says the March 16 government bulletin, marked as “law enforcement sensitive” and distributed through the Department of Homeland Security’s fusion centers. “Locations and times have been identified for these protests, which are being distributed online across multiple social media platforms, to include right-wing leaning Parler and Telegram accounts.”

When contacted by Yahoo News, civil liberties experts expressed alarm at the post office’s surveillance program. “It’s a mystery,” said University of Chicago law professor Geoffrey Stone, whom President Barack Obama appointed to review the National Security Agency’s bulk data collection in the wake of the Edward Snowden leaks. “I don’t understand why the government would go to the Postal Service for examining the internet for security issues.”

I mean, scraping social media takes only a modicum of technical skills. In the last year I've written software that can scan Twitter and run detailed sentiment analysis on keyword-based searches. But I'm not a government agency with arrest powers. Or, you know, a constitutional mandate to deliver the mail.

Weird.

Guilty

Former Minneapolis police officer Derek Chauvin is, officially, a felon and a murderer. The jury deliberated for longer than 9 minutes and 28 seconds, but not much longer.

Good luck in gen pop, you racist thug.

Some reactions:

  • Barack Obama: "[I]f we’re being honest with ourselves, we know that true justice is about much more than a single verdict in a single trial."
  • Jennifer Rubin: "Tuesday’s verdict, which is likely to be appealed, does not mean the overarching problem of racism in policing is resolved."
  • US Rep. Alexandria Ocasio-Cortez (D-NY): "That a family had to lose a son, brother and father; that a teenage girl had to film and post a murder, that millions across the country had to organize and march just for George Floyd to be seen and valued is not justice."
  • Senate Majority Leader Chuck Schumer (D-NY): "I'm thankful for George Floyd’s family that justice was served. America was forever changed by the video of Derek Chauvin killing George Floyd. However, a guilty verdict doesn’t mean the persistent problem of police misconduct is solved. We'll keep working for meaningful change"
  • Senate Minority Leader Mitch McConnell (R-KY): ""
  • Speaker of the House Nancy Pelosi (D-CA): "George Floyd should be alive today. His family’s calls for justice for his murder were heard around the world. He did not die in vain. We must make sure other families don't suffer the same racism, violence & pain, and we must enact the George Floyd #JusticeInPolicing Act."
  • House Minority Leader Kevin McCarthy (R-CA): ""
  • Andy Borowitz: "Chauvin’s Defense Team Blames Guilty Verdict on Jury’s Ability To See"
  • The Onion: "‘This Is Strike One, Mr. Chauvin,’ Says Judge Reading Guilty Verdict Before Handing Gun, Badge Back"

We have a long way to go. But maybe, just maybe, this is a start, and not an aberration.

The overlap between stupid and criminal

Boy, did we get a clown car full of them today. Let's start with Joel Greenberg, the dingus whose bad behavior got US Representative Matt Gaetz (R-FL) caught up in a sex-trafficking investigation:

Records and interviews detailed a litany of accusations: Mr. Greenberg strutted into work with a pistol on his hip in a state that does not allow guns to be openly carried. He spent hundreds of thousands of taxpayer dollars to create no-show jobs for a relative and some of his groomsmen. He tried to talk his way out of a traffic ticket, asking a police officer for “professional courtesy.” He played police officer himself, putting a flashing light on his car to pull over a woman and accuse her of speeding. He published an anti-Muslim Facebook post. He solicited help to hack critics on the county commission.

Stalking a rival candidate got him arrested. Federal agents looking into the matter found at least five fake IDs in his wallet and backpack, and kept digging.

Their inquiry culminated in 33 federal charges against Mr. Greenberg, 36, including sex trafficking of a minor, bribery, fraud and stalking — and led to a mushrooming political scandal that burst into national news in recent days and ensnared Mr. Gaetz, who is a close ally of President Donald J. Trump, and other influential Florida Republicans, with the investigation continuing.

I mean, of course they live in Florida.

Moving on, local restaurant Tank Noodle must pay back a $150,000 pandemic grant to the state because of previous bad behavior:

Tank Noodle will have to return the $150,000 business interruption grant it received from the state of Illinois last year. The popular Vietnamese restaurant at 4953 N. Broadway violated the terms of the state grant program by running afoul of federal labor laws, said Lauren Huffman, spokesperson for the Illinois Department of Commerce and Economic Opportunity (DCEO).

The mandate to return the grant money comes weeks after Tank Noodle also was forced to pay almost $700,000 in back wages to employees it didn’t adequately compensate, federal investigators found as part of a two-year investigation.

Tank Noodle withheld pay and used illegal employment practices for 60 of its employees, a labor department investigation concluded. In addition to making servers work for tips, a violation of federal work laws, the investigation also found Tank Noddle shorted servers when the business pooled tips and divided the money among all staff, including management.

The restaurant drew ire from customers after its owners attended a Jan. 6 rally in support of former President Donald Trump that ended in the storming of the U.S. Capitol.

Former customers, I should say. The stretch of Argyle Street they anchor has about 15 Vietnamese restaurants that not only serve better food than Tank Noodle, but also don't steal from their employees.

Finally, the Brennan Center has taken notice of 361 proposals in 47 states designed to limit voting participation:

These measures have begun to be enacted. Five restrictive bills have already been signed into law. In addition, at least 55 restrictive bills in 24 states are moving through legislatures: 29 have passed at least one chamber, while another 26 have had some sort of committee action (e.g., a hearing, an amendment, or a committee vote).

During the same timeframe, pro-voter legislators, often in the very same state houses, are pushing back, seeking to make permanent the changes that led to the biggest voter turnout in over a century. In a different set of 47 states, 843 bills with expansive provisions have been introduced in a different set of 47 states (up from 704 bills as of February 19, 2021). Of these, nine expansive bills have been signed into law. In addition, at least 112 bills with expansive provisions are moving in 31 states: 9 have passed both chambers and are awaiting signature (including a bill to restore voting rights in Washington), 41 have passed one chamber, and 62 have had some sort of committee action.

I'll comb through some of those later. Now, I have a meeting, following which Cassie has to go to the dog park. Really, she has to, or I'll lose my mind with her nudging me.

What I'm reading today

A few articles caught my attention this week:

Also, I'm just making a note to myself of Yuriy Ivon's rundown on Microsoft Azure Cosmos DB, because I'm using it a lot more than I have in the past.

One year and two weeks

We've spent 54 weeks in the looking-glass world of Covid-19. And while we may have so much more brain space than we had during the time a certain malignant personality invaded it every day, life has not entirely stopped. Things continue to improve, though:

Finally, today is the 40th anniversary of the day President Reagan got shot. I'm struggling a bit with the "40 years" bit.

Sure happy it's Thursday

I've spent the last few weeks in my off-hours beavering away at a major software project, which I hope to launch this spring. Meanwhile, I continue to beaver at my paying job, with only one exciting deployment in the last six sprints, so things are good there. I also hope to talk more about that cool software before too long.

Meanwhile, things I need to read keep stacking up:

Finally, check out the World Photography Organisation's 2021 photo contest results.

Top of the inbox this morning

The CDC just released guidance on how vaccinated people should behave. It doesn't seem too surprising, but it also doesn't suggest we will all go back to the world of 2019 any time soon.

In other news:

And now, I have to wait for IT to unlock my work account, after fat-fingering my password once too often.

Not a surprising coincidence

A local Vietnamese restaurant—only a few blocks from me, in fact—had to pay $700,000 in back wages to its workers after a Department of Labor investigation that ended in October:

Tank Noodle has been forced to pay nearly $700,000 in back wages after making some of its employees work only for tips, according to the U.S. Deptartment of Labor.

The popular Vietnamese restaurant at 4953 N. Broadway withheld wages and used illegal employment practices for 60 of its employees, a labor department investigation found. Some employees were owed more than $10,000 by the restaurant.

The investigation found some servers at the restaurant worked only for tips, a violation of federal work laws. Tank Noddle also shorted servers when the business pooled tips and divided the money among all staff, including management, another federal work violation.

Tank Noodle violated overtime laws and sometimes paid staff flat fees for a day’s work regardless of the number of hours worked, according to the labor department.

There's the setup. Now the punchline:

[Tank Noodle's] owners attended a Jan. 6 rally in support of former President Donald Trump that ended in the storming of the U.S. Capitol.

The Ly family, which owns Tank Noodle, posted photos from the rally, which were widely circulated on social media.

Too bad for the Ly family that the neighborhood has about two dozen other places with better phở.

Odds and ends

Just a couple passing stories this afternoon:

Finally, Merck and Johnson & Johnson announced a plan to combine production of Covid-19 vaccines, an "unprecedented" collaboration between competitors.