This woman was told her mortgage was paid off: 10 years later, she received a foreclosure notice in the mail. She decided to fight.
Aarthi Swaminathan – May 2, 2023
Mortgages originated in the early 2000’s and largely forgotten are now being pursued by debt collectors. Government officials are concerned.
Rohit Chopra, director of the Consumer Financial Protection Bureau, stands beside homeowner Rose Prophete during a field hearing in Brooklyn, N.Y. PHOTO: LEGAL SERVICES NYC
Rose Prophete bought her home in Canarsie, Brooklyn, N.Y. in May 2005. She thought she had paid off her loans until recently, when a company approached her about a debt she thought she had settled a long time ago.
The company expected Prophete to pay up over $130,000, or face foreclosure.
When refinancing her mortgage on the home, Prophete had split her mortgage into two. Prophete said she had been erroneously told that her second mortgage was paid off. That debt, having laid dormant for years, was now being pursued by a debt-collection firm.
Prophete is one of 13 plaintiffs in a 2021 federal lawsuit against the firm, and she recently testified at a field hearing into “zombie debts” held by the Consumer Financial Protection Bureau, a government agency responsible for consumer protection in the financial-services sector.
The CFPB last week announced that it was issuing legal guidance for debt collectors trying to collect on mortgages that were long considered forgiven by borrowers, who in particular had no notices or statements sent over a decade about outstanding debt.
‘This is really frustrating — I don’t want to lose my home.’— Rose Prophete, who bought her home in Brooklyn, N.Y. in May 2005
The federal agency said that a debt collector “who brings or threatens to bring a state-court foreclosure action to collect a time-barred mortgage debt may violate the Fair Debt Collection Practices Act.” Time-barred refers to debt whose statute of limitations has run out.
“Debt collectors do not get to claim ignorance of the law or ignorance of the debt’s age,” Rohit Chopra, director of the CFPB, said during the hearing. “If the statute of limitations has expired, taking legal action threatening to bring a suit of foreclosure may be illegal no matter what the debt collector claims to have known. This is the law.”
Prophete, a Haitian immigrant and a hospital technician, said during the CFPB hearing that she had worked three jobs to afford the two-family Brooklyn home, on top of taking care of small children.
According to the lawsuit, a little more than a year after they completed the purchase, the broker who arranged the financing suggested she refinance the mortgage to lower her monthly payments. She agreed to refinance her mortgage into two, as the broker told her that this “financing structure would be the most financially advantageous to her,” per the filing. The first loan was for $504,000 and the second for $63,000 with an interest rate of 9%.
‘Debt collectors do not get to claim ignorance of the law or ignorance of the debt’s age.’— Rohit Chopra, director of the CFPB, speaking about the Fair Debt Collection Practices Act
After a couple of years, she received a note from her first lender that the second loan was fulfilled — that she didn’t need to pay for it. She said she didn’t receive any statements for the second mortgage, so she focused on paying off her first one, the lawsuit said.
She said she never heard back from the mortgage servicer, until over a decade later, in March 2021, when she received a foreclosure notice in the mail. The creditor was attempting to collect on payments due from Jan. 1, 2009 to the date of filing in 2021. The payments had ballooned from $63,000 to over $130,000, according to the lawsuit.
“This is really frustrating — I don’t want to lose my home,” Prophete said during the field hearing.
New York Attorney General Leticia James, who also spoke during the hearing, said that debt-collection firms were engaged in “predatory practices” to “rob individuals of the equity in their home.”
Debt buyers were acquiring these mortgages “often for pennies on the dollar,” James said, and they were now suing homeowners and “seeking to exploit rising housing values by reviving the long-dormant zombie debt.”
“I find this practice predatory and abusive and an affront to the American dream of sustainable home ownership,” she added. “I will fight this despicable practice.”
Al Franken blasts Supreme Court: It’s ‘illegitimate’
Julia Mueller – May 1, 2023
Al Franken blasts Supreme Court: It’s ‘illegitimate’
“The court is a very divisive entity now, institution right now. And the Supreme Court, to me, is illegitimate,” Franken said on “The Al Franken Podcast” in conversation with The Washington Post’s Dan Balz.
Former Sen. Al Franken (D-Minn.) is calling the Supreme Court “illegitimate” and Chief Justice John Roberts a “villain,” citing a number of controversies surrounding the nation’s highest court.
Franked resigned from the Senate in 2017 amid sexual harassment allegations.
“The way they didn’t take up [Obama nominee Merrick] Garland and on saying, ‘It’s an election year,’ and then they, of course, put in Coney Barrett like eight days before the election. Then, of course, Dobbs and abortion.”
Balz said the court has “lost credibility” and has become “seen increasingly as one more partisan institution,” though he noted Roberts has tried to counter that perception.
“I think the Chief Justice is actually much more culpable for this division than people think,” Franken said, referencing some of Roberts’s decisions. “I think Roberts is much more the villain in this than people give him credit for.”
Polling has indicated a decline in Americans’ trust that the Supreme Court, with its nine lifetime-appointment Justices, is nonpartisan.
Franken’s comments also come amid new scrutiny over the Supreme Court’s ethics standards after reporting from ProPublica found Justice Clarence Thomas failed to disclose a series of luxury trips he’d taken, paid for by Republican donor Harlan Crow, and revelations that the same Texas billionaire had paid for the home Thomas’s mother was living in.
A muddy mess in Ukraine is making trouble for new howitzers so sensitive to dirt they come with their own vacuum cleaners
Jake Epstein – May 1, 2023
Ukrainian army from the 43rd Heavy Artillery Brigade fire the German howitzer Panzerhaubitze 2000, called Tina by the unit, amid Russia’s attack on Ukraine, near Bakhmut, in Donetsk region, Ukraine, February 5, 2023.REUTERS/Marko Djurica
Spring conditions have limited mobility for both Ukrainian and Russian troops.
Ukraine’s recently obtained German-made self-propelled howitzers are particularly vulnerable to mud.
Soldiers have to be very clean and careful when entering the vehicles, The New York Times reported.
Springtime mud is plaguing the war-torn battlefields of eastern Ukraine, creating mobility issues for Russian and Ukrainian forces, slowing down their respective operations. It’s also affecting some weapons.
The state of the terrain is proving to be a hurdle for Kyiv’s troops assigned to a specific piece of military hardware acquired from Germany during winter — German-made 155mm howitzers that are extremely sensitive to the dirty and grimy conditions.
Germany has sent 14 Panzerhaubitze 2000 self-propelled howitzers to Ukraine, according to an inventory of its military support to Kyiv. These weapons contain electronics that are so vulnerable to dirt and moisture that soldiers have to wear slippers or booties when they enter the vehicles so they don’t track in any mud, the New York Times reported on Monday.
Each howitzer even comes with a vacuum cleaner, and the barrels sometimes have to be cleaned with a long brush. “The Panzer really loves cleanliness,” an artillery commander named Mykola told the Times, referring to a nickname for the Panzerhaubitze. “If you fire off two full loads of ammunition, you need to spend a day servicing it.”
Serhii, a lieutenant with the 43rd Separate Artillery Brigade, even decided to recall the howitzers from the field out of fear that should the machines come under Russian fire, mud will prevent them from escaping the bombardment, the Times reported. In Germany, these vehicles were kept in climate-controlled garages.
That said, the Ukrainian forces operating the German-made howitzers have reportedly seen some successes against Russian tank and infantry units despite the current conditions on the ground.
Ukrainian soldiers from the 43rd Heavy Artillery Brigade drive the German howitzer Panzerhaubitze 2000, called Tina by the unit, amid Russia’s attack on Ukraine, near Bakhmut, in Donetsk region, Ukraine, February 5, 2023.REUTERS/Marko Djurica
It’s not the first time that Ukraine’s forces have dealt with the challenge of weaponry getting stuck in the mud. Units have reported that their Soviet-era T-64 tanks were getting trapped in the sludgy terrain — one of several issues troops found with the decades-old tanks.
Britain’s defense ministry shared in a recent intelligence update that mud was likely impacting operations on both the Russian and Ukrainian side in the wake of the cold winter months, although the surface conditions were expected to improve within a few weeks as the weather gets better.
“With soft ground conditions across most of Ukraine, severe mud is highly likely slowing operations for both sides in the conflict,” the April 21 update read.
Ukrainian forces have been gearing up to launch a much-anticipated counteroffensive against Russia after receiving a massive influx of heavy armor and advanced military hardware from the US and its Western partners. NATO Secretary General Jens Stoltenberg told reporters last week that nearly all the combat vehicles promised to Ukraine have been delivered, and Ukraine’s defense minister said his country was nearly ready to hit with an “iron fist.”
“That means over 1,550 armored vehicles, 230 tanks and other equipment, including vast amounts of ammunition,” Stoltenberg said of the deliveries. “In total we have trained and equipped more than nine new Ukrainian armored brigades, this will put Ukraine in a strong position to continue to retake occupied territory.”
They Refused to Fight for Russia. The Law Did Not Treat Them Kindly.
Neil MacFarquhar – April 30, 2023
Pedestrians walk past a patriotic mural dedicated to victory in World War II, in Moscow, Feb. 17, 2023. (Nanna Heitmann/The New York Times)
An officer in the Federal Guard Service, which is responsible for protecting Russian President Vladimir Putin, decided last fall to avoid fighting in Ukraine by sneaking across the southern border into Kazakhstan.
The officer, Maj. Mikhail Zhilin, disguised himself as a mushroom picker, wearing camouflage and carrying a couple of small bottles of cognac so that he could douse himself and then act drunk and disoriented if he encountered the Russian border patrol.
In the dark, the lean, fit major navigated across the forested frontier without incident, but he was arrested on the other side.
“Freedom is not given to people that easily,” he told his wife, Ekaterina Zhilina, months later, after Kazakhstan rejected his bid for political asylum and handed him back to Russia to face trial for desertion.
“He had these romantic notions when he first began his military-academic studies,” Zhilina said in a recent interview, describing perceptions drawn from Russian literature about the honor and pride inherent in defending your homeland. “But everything soured when the war started.”
Zhilin is among the hundreds of Russian men who faced criminal charges for becoming war refuseniks since Moscow’s full-scale invasion of Ukraine last year. Some dodge the draft, while those already serving desert or refuse orders to redeploy on the bloody, chaotic battlefields of Ukraine.
In 2022, 1,121 people were convicted of evading mandatory military conscription, according to statistics from Russia’s Supreme Court, compared with an average of around 600 in more recent years. Before the war, a vast majority were fined, not imprisoned. Russia recently passed a measure making it much harder to avoid a draft summons.
In addition, criminal cases have been initiated against more than 1,000 soldiers, mostly for abandoning their units, according to a broad court survey by Mediazona, an independent Russian news outlet. Anticipating the problem in September, when several hundred thousand civilians were mobilized, Russia toughened the penalties for being AWOL.
The maximum sentence was doubled to 10 years for what is euphemistically called “Leaving for Sochi.” (SOCH is the Russian acronym for AWOL, but the expression is a play on the name of Sochi, a Black Sea getaway for the country’s elite and site of the 2014 Winter Olympics.) Refusing an order to participate in combat carries a sentence of three to 10 years.
That has not stopped Russian men from going to unusual lengths to avoid fighting. One officer said he took a bullet in the leg as part of a pact among several soldiers to shoot one another and then claim that they were wounded in a firefight. Hailed as a hero for various battlefield events, it took him six months to recover, at which point he decided to flee.
The Kremlin has shrouded in secrecy an increasing amount of information about the military, including new statistics about crimes involving military service, so the numbers are undoubtedly higher than what is available. But the number of AWOL cases accelerated after the general mobilization, according to Mediazona. Many criminal cases involve soldiers who refused orders to enter battle, leading to confrontations with their commanders, according to several lawyers who defend soldiers.
One lawyer, Dmitri Kovalenko, was retained by the families of more than 10 soldiers who said they were thrown into pits, called “zindans,” near the front line after refusing to fight. “People realize that they are not ready — that their commanders are not ready, that they have to go in blind, not knowing where or why,” he said.
Intimidation is the first response of commanders, he said, so treatment can be harsh. Two soldiers whom he defended were locked into a container last summer without food or water, he said. At one point, about 300 conscripts who refused to fight last year were held in a basement in eastern Ukraine, where they were threatened, called “pigs,” not fed and not allowed to go to the toilet or to bathe, according to Astra, an independent news outlet, and other Russian news media organizations, quoting relatives. The Wagner mercenary group has threatened to execute its refuseniks, and there have been scattered reports of them being shot.
In theory, Russian law allows for conscientious objectors performing alternative service, but it is rarely granted. Sometimes those charged with refusing to fight are given suspended sentences, which means they can be redeployed.
The officer who was shot in the leg by his colleague had pursued a military career since he was 9 and a cadet, he said, but he wanted it to be over the minute he was ordered into Ukraine. He ended up staying about three months, appalled by the very idea of the war as well as by the terrible state of the Russian military.
Soldiers were not provided basic items like underwear, he said, and few knew how to navigate and got themselves killed.
“There are no saints on either side,” said the officer, who spoke on the condition that he not be named, nor his location published, out of concern that Russia might seek his extradition. “The locals were actively partisan. I shot back. I didn’t want to die.”
After he recovered, and the military ordered him back to Ukraine, he decided to run.
“I’m ready to die for Russia, but I don’t want to fight, to risk my life for the criminals who sit in the government,” said the officer, who is now on a wanted list in Russia.
Another Russian, a member of the Sakha ethnic group concentrated in the Siberian region of Yakutia, also deserted. Five days among the drunken, newly mobilized soldiers at an army camp convinced him to leave.
The man, who also insisted on anonymity, was fired from his construction job so that he could go fight. Packed onto an airplane, the draftees discovered their destination for training by looking at their phones when they landed. Most soldiers drank constantly, he said in an interview. One night in another barracks, he said, a soldier stabbed another to death.
The conscript said that the racist attitude of his Russian officers when he did his military service a decade earlier had soured him on the military — they called him “reindeer herder” because of his ethnic Siberian background. He said he was subjected to similar comments as soon as he mobilized. Things deteriorated further after he tried to bribe his lieutenant to leave. The officer mocked him openly as a coward.
His mother flew in to extract him, directing a taxi to a hole in the base’s fence. After he fled the country and was charged with desertion, he faced fierce criticism from home, he said, with authorities saying that he had disgraced the Sakha people. Even a close friend threatened to beat him up.
Some Russian courts still publicize military cases to create a chilling deterrent to potential deserters. In the spring, for example, a court announced that a sailor who had gone AWOL twice had been sentenced to nine years in a prison colony.
The Krasnoyarsk Garrison Military Court released a photograph and a statement in December showing dozens of soldiers crowding a courtroom to watch an AWOL case. The sentence was pronounced before that audience “for preventive purposes,” the statement said.
In the Belgorod region near the Ukrainian border, two soldiers were detained on a parade ground in November and charged with refusing to obey a deployment order. They were called out of the ranks, handcuffed and thrown into a paddy wagon in front of their unit, all shown on a video posted on the Telegram messaging app. Earlier this month, both were sentenced to three years in prison, according to Russian news media reports.
Well before the war, Zhilin, 36, the soldier who left for Kazakhstan, had become disenchanted with the very administration he was assigned to protect. An engineer, he worked in the Siberian city of Novosibirsk for the presidential security service, supervising the Kremlin’s communications lines with the eastern parts of Russia.
The assassination of Russian opposition leader Boris Nemtsov in 2015 and the poisoning of Alexei Navalny in 2020 had drawn his attention, his wife said. He started following political news more closely.
He weighed quitting, but decided he could endure the two years until he received a pension. Then came the war. “‘It is one thing to suppress human rights,’” his wife quoted him as saying, “‘it is quite another to kill people.’”
In the fall, before the mobilization, he had visited the cemetery where his mother is buried. He found 30 new graves of riot police officers who had fought in the war. The ribbon on one small wreath said just “Daddy.”
Two colleagues had already died in Ukraine, and he wondered if his son, 11, and daughter, 8, might one day make a similar wreath. When the mobilization was announced, he quickly decided to leave the country.
Since his security clearance gave him access to state secrets, leaving was prohibited. He decided to cross on foot while his family drove into Kazakhstan legally.
But the plan went awry. Lacking a cell signal, he could not find their car. He was arrested after stumbling upon a Kazakh border officer. He requested political asylum, but in December, he was deported.
In March, he was sentenced to 6 1/2 years in a penal colony and stripped of his rank.
Right after he was deported, his wife, fearing that she and the children would also be sent back, sought and received political asylum in France.
So far, her husband has not been mistreated, she said. The couple, although bitter toward Kazakh authorities, consider the sentence a far better alternative than dying in Ukraine.
“Mikhail wrote me that he feels morally freer than he was,” she said, adding that he told her, “‘I guess you have to pay a certain price for the freedom to think and to say what you want.’”
A law school named after the late Antonin Scalia is a haven for conservative Supreme Court justices to enjoy lavish treatment, New York Times reports
Hannah Getahun – April 30, 2023
AP
Antonin Scalia Law School at the Virginia-based George Mason University was renamed in 2016.
The renaming was part of a plan to help its reputation by getting closer to the Supreme Court.
Justices were given notable benefits to teach there, emails obtained by The New York Times reveal.
A conservative law school looking to rebrand into a powerhouse institution buttered up conservative Supreme Court Justices with excessive benefits and good pay, documents obtained by The New York Times show.
Because justices are legally allowed to make money outside of the court in limited ways, including through teaching opportunities, Antonin Scalia Law School at George Mason University, which was renamed after the late judge in 2016, offered justices Neil Gorsuch and Clarence Thomas teaching roles in remote locations like Iceland and Italy, as well as salaries sometimes upwards of $30,000 for two weeks of teaching, the NYT reported.
According to the NYT, the judges were treated well, with lodging and trip planning arranged by the school. University officials told Gorsuch in 2017, before a teaching trip to Italy, that he would only be required to teach in the mornings, leaving the rest of the day to explore the country, according to the emails obtained by the Times. Upon hearing this news, Gorsuch replied, “Fantastico!”
Even liberal justices were enamored by the treatment, according to the Times, with Justice Elena Kagan, who once spoke at the university, saying the law school “seems like a really good place to be.”
Amanda Frost, a law professor at the University of Virginia, spoke with the NYT and described the teaching jobs as appearing to be “all-expenses-paid vacations, with a little teaching thrown in.”
The law school began its relationships with the court following a renaming ceremony — planned by the school’s dean and Republican megadonor Leonard Leo — in 2017, where multiple justices attended and spoke. According to internal emails from university leadership, these relationships were explicitly made to help build the school’s reputation.
“Establishing and building a strong relationship with Justice Gorsuch during his first full term on the bench could be a game-changing opportunity for Scalia Law, as it looks to accelerate its already meteoric rise to the top rank of law schools in the United States,” one email from the university law school read, according to the NYT.
The law school’s staff, many of whom worked directly with the justices, often filed amicus briefs with the court, and court staff helped to handle school duties — despite not being allowed to do so — revealing how the justices’ jobs frequently entwined with their outside work at Scalia Law.
This desire to keep Supreme Court leadership on their roster even superseded scandals the judges faced. Following the sexual misconduct allegations Brett Kavanaugh faced right before he was appointed, Butler assured the justice protests from students against the soon-to-be law professor on campus had nothing to do with the law school, according to the NYT.
A new report from Insider’s Mattathias Schwartz found that the wife of Chief Justice John Roberts made millions as a legal recruiter for law firms, according to a whistleblower who worked with him.
Despite this extra scrutiny over conflicts of interest, legal experts told Insider there isn’t much that can be done to hold justices accountable.
The Antonin Scalia Law School and a spokesperson for the Supreme Court did not immediately respond to Insider’s request for comment.
The uptick on excoriating “woke ” ideology has increased in recent years among politicians, including former President Donald Trump, as Americans across the nation battle over diversity, inclusion and equity efforts in the workforce, public schools and in legislation.
But what is “woke”? And what do the GOP attacks mean for 2024?
Among conservative lawmakers and activists “woke” tends to be an across-the-board denunciation of progressive values and liberal initiatives.
Some have used it to attack trans and gay rights while others apply it to critical race theory – a legal theory that examines systemic racism as a part of American institutions – and the teachings of the New York Times’ 1619 project in public schools.
“If you ask people what woke is, I think what they mean is they want to stand against people who are engaging in some type of advocacy for marginalized people,” said Andra Gillespie, political scientist at Emory University.
“It’s kind of this lumping together of anybody whose views could be construed as being progressive on issues related to identity and civil rights.”
As the Black Lives Matter movement began after the police killing of Michael Brown in Ferguson, Missouri in 2014, “woke” expanded outside of Black communities into the larger public lexicon.
What about ‘stay woke’?
Black artists and entertainers continued to insert the phrase in their music, including Grammy-award-winning artists Erykah Badu and Childish Gambino — a.k.a. Donald Glover—for political causes.
Yet “woke” has now been hijacked by the political right to mean something far from its original definition.
“The reason we have to ‘stay woke’ is because of exactly what these people are doing right now, which is finding very insidious ways to undercut our rights,” said Terri Givens, a political science professor at McGill University.
Givens called the attacks on the term “a full-on dog whistle” and pointed to attempts to limit the right to vote, curtail reproductive and abortion rights and ban inclusive education in schools as examples of the backlash against Black and brown civil rights.
“Learning history is not about woke-ism,” Given said.
Conservatives now use the term as a political retort to combat what they perceive as political correctness gone haywire.
But progressive commentators note that the response also comes in the context of a changing America, which is becoming more diverse racially and ethically and along sexual orientation and gender identity lines.
“What they’re trying to do is make the term a pejorative,” said Kendra Cotton, chief operating officer of New Georgia Project, a progressive-leaning voting rights group.
As more marginalized groups are elected into office and exercising their voting power during elections, it can make some Americans afraid, said Cotton.
Florida Gov. Ron DeSantis, a possible GOP presidential candidate, has built a persona crusading against ideas and policies conservatives deem as “woke.”
Tehama Lopez Bunyasi, a political scientist at George Mason University and co-author of the book “Stay Woke: A People’s Guide to Making All Black Lives Matter,” said the legislation is “perhaps the most explicit way we see the co-optation of the term ‘woke’ today.”
“Right now, we’re seeing racially conservative pundits and politicians positioning themselves as adversaries of the multiracial Black Lives Matter movement,” said Lopez Bunyasi. “One of the rhetorical tools they are using is the maligning of a term that has been in use by Black people and in Black politics for well over a hundred years.”
Have the anti-woke attacks been successful?
Virginia GOP Gov. Glenn Youngkin cruised to victory in 2021 riding a wave of parental anger over teaching inclusive history in public schools.
Keneshia Grant, a political scientist at Howard University, said Youngkin’s success was part of an intentional pushback against marginalized communities, which includes misunderstanding terms like woke, critical race theory, and LGBTQ rights.
“He ends up successfully using the fear that people have about teaching students Black history or American history through the guise of CRT and successfully uses that to motivate a base,” Grant said. “They are doing this because they think it will help them win. And we have evidence that sometimes it actually does help them win.”
Americans divided on what ‘woke’ means
What’s telling is that despite the conservative backlash most Americans don’t view “woke” negatively heading into the 2024 presidential contest.
A March 2023 USA TODAY/Ipsos Poll found that 56% of Americans said it means “to be informed, educated on, and aware of social injustices.”
But the efforts to re-define “woke” have worked with a significant portion of the country. Roughly 39% of those surveyed agree with the Republican definition,”to be overly politically correct and police others’ words.”
“Racial resentment and grievance are certainly one of those things that have been very effectively used to mobilize a certain segment of the Republican population for a long time,” said Gillespie.
Reporter Phillip M. Bailey contributed to this story.
Here’s everybody with stricter ethics rules than the Supreme Court
Rick Newman, Senior Columnist – April 27, 2023
Ponder this: Most journalists at mainstream news organizations face far tougher ethical rules than the nine Supreme Court justices who decide monumental issues that directly affect the lives of millions of Americans.
The Associated Press’s rule on gifts allows its journalists to accept nominal offerings worth no more than $25 from anybody who could plausibly be the source of subject or a news story—even if it’s a personal friend. Most news organizations follow the AP guidelines or have a similar code.
There are no such rules at the Supreme Court. A troubling exposé by ProPublica recently revealed that Justice Clarence Thomas has accepted numerous lavish gifts from real-estate magnate Harlan Crow, including an Indonesian yachting trip worth as much as half-a-million dollars. Thomas also sold real-estate to Crow in what looks like a sweetheart deal for the jurist. Thomas’s fellow conservative, Justice Neil Gorsuch, also profited from a property deal with a wealthy friend, as if there’s some secret real-estate agency that only serves nine exalted judges, allowing them to avoid the vicissitudes of the normal market.
FILE – Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson. (AP Photo/J. Scott Applewhite, File)
Thousands of US businesses and most of the federal government follow ethics guidelines meant to sustain trust in those organizations, protect their integrity, and prevent self-dealing. Nobody pretends those guidelines are perfect. People cheat. Businesses play dirty. Bosses cover up wrongdoing. But a basic code of ethics protects against legal liability and bolsters morale at most organizations in the country.
“Most companies take the code of ethics seriously,” says Rue Dooley, a knowledge adviser at the Society for Human Resource Management. “It’s a good way to regulate certain behaviors. It’s about building trust, sustaining credibility with vendors, clients, customers, patients, and stockholders.”
The executive branch of the federal government has an exhaustive set of rules governing what’s permissible, covering gifts, outside income, investments, property, financial disclosures, conflicts of interest and many other things. There’s a whole agency, the Office of Government Ethics, whose job is to oversee and enforce ethics rules in the executive branch.
The House of Representatives has a detailed code of ethics, with any gift valued at more than $250 requiring approval of the House Ethics Committee. In the Senate, the limit on gifts is $50. Both codes clarify what counts as a “personal friendship,” including possible conflicts of interest. The federal judiciary has its own code of ethics, with the same $50 gift limit as the Senate.
The Supreme Court, by contrast, is uniquely unbound by any behavioral rules. With the court under fire, Chief Justice John Roberts published an unusual note on April 25 outlining what he called the “foundational ethics principles” the justices follow. “The Justices … consult a wide variety of authorities to address specific ethical issues,” he wrote. These include guidelines for other judges and federal employees, various laws, scholarly articles, disciplinary decisions and advice from colleagues.
There are a couple of problems with Roberts’s reasoning, however. First, there is no single document or set of documents that represents the court’s code of ethics. If you go looking for it, you won’t find it. That’s an obvious recipe for confusion. Justice Thomas responded to the ProPublica exposé saying that years earlier, he “sought guidance from my colleagues and others in the judiciary and was advised that this sort of personal hospitality from close personal friends … was not reportable.” This would never fly in an organization with a formal policy and a process for approving or disapproving gifts.
That gets to another problem with the court: There’s no ethics enforcement mechanism. In virtually every other organization, somebody has the power to rule yes or no on a dodgy ethics question. In Congress, it’s the ethics committees. In the rest of the federal judiciary, there’s a chief judge or some other authority. At companies, bosses leading up to the CEO decide what’s acceptable, and they’re accountable if something goes wrong. At the Supreme Court, the chief justice has no such authority over any other justice. Justices are literally answerable to nobody. Roberts acknowledged this in his April 25 memo, pointing out that the organization that oversees other federal courts does not have jurisdiction over the Supreme Court.
Thomas claims that his rich buddy Harlan Crow is a “close personal friend who did not have business before the court,” at the time Thomas went on all-expense-paid luxury trips with him. A proper ethics inquiry would likely shred this defense. Crow is a politically active conservative who, along with his wife, has donated nearly $15 million to candidates and causes during the last 30 years. Almost all of that went to Republicans. During that time the court has heard numerous cases Republicans took a position on, such as three challenges to the Affordable Care Act, several matters involving former President Donald Trump, and the current legal challenge to President Biden’s effort to forgive student debt. Saying a major Republican donor has no interest in Supreme Court outcomes is either woefully naïve or completely disingenuous.
The Roberts defense is “wholly insufficient,” says Gabe Roth, executive director of Fix the Court, a nonprofit that advocates for more judicial accountability. “The Supreme Court should agree, or Congress should require them, to follow all the same rules on gifts, travel, and personal hospitality that Congress has to follow.”
A new bill in Congress would do just that. The Supreme Court Code of Conduct Act would require the court to adopt a formal set of ethics rules, appoint somebody to enforce them and publish an annual report on any violations or complaints about questionable activity by the justices. Prospects are dim, however, since Republicans who control the House are generally opposed. For the foreseeable future, the Supreme Court will govern itself and enjoy fewer strictures than most of the Americans it supposedly serves.
Rick Steves Is Making One Major Change to His European Guidebooks This Year — for an Important Reason
Kelsey Fowler – April 27, 2023
The newest edition of Rick Steves Eastern Europe is getting a new name.
Courtesy of Rick Steves’ Europe
The guidebook formerly known as “Rick Steves Eastern Europe” will have a new title when the next edition is published later this year.
Rick Steves’ Europe is changing “Eastern Europe” across the brand to “Central Europe,” to better reflect a more geographically accurate name for the region.
When the 11th edition is published, the guidebook will switch over to “Central Europe” as the identifier for the area that includes countries like the Czech Republic, Poland, Hungary, Slovenia, and Croatia. The change was announced in February and will roll out across the company’s guidebooks, website, and tour itineraries.
In a recent interview with Travel + Leisure, founder Rick Steves explained why he thought the switch was long overdue.
Courtesy of Rick Steves’ Europe
“From a marketing, publishing, and tourism point of view, we call Central Europe ‘Eastern Europe’ and that’s a hangover from the Cold War,” he said. “That was a 50-year anomaly. Poland, Hungary, the Czech Republic got filed away in our minds as Eastern Europe, but that’s really Central Europe.”
In a post announcing the change, guidebook co-author Cameron Hewitt wrote that “Eastern” Europe should really be considered countries like Georgia, Ukraine, and Russia. Prague, often the showcase city of “Eastern” European tours, is actually located to the west of cities like Vienna, Stockholm, and even parts of Italy.
“The political divide of Europe has changed, of course, and it’s high time guidebooks and tour itineraries do, too,” Hewitt wrote.
The zone is also down in tourism this year, Steves said, because people are worried about the ongoing war in Ukraine. Rick Steves’ Europe is continuing to operate tours in the region as long as it remains safe to do so, and Steves said he plans to film with his TV crew in Poland later this year.
Courtesy of Rick Steves’ Europe
“It’s unfortunate that people are penalizing the countries that are farther east,” Steves said. “Their economy is hurting because people are staying away.”
While the change might result in some confusion for travelers looking to visit Poland but still searching for “Eastern” Europe trips and tips, Hewitt and those at Rick Steves’ Europe believe the change is worth the risk that come with rebranding.
Hewitt wrote: “We’ve learned that Rick Steves travelers are savvy, open-minded, and curious enough about our world to hop on board when we lead them toward new places and new ideas.”
Disney sues Florida’s DeSantis for ‘weaponizing’ government
Dawn Chmielewski and Lisa Richwine – April 26, 2023
FILE PHOTO: Walt Disney World Resort in Orlando
(Reuters) -Walt Disney Co sued Florida Republican Governor Ron DeSantis on Wednesday, asking a court to overturn state efforts to control Disney World and intensifying a battle between a global entertainment giant and a likely White House contender.
In its lawsuit, Disney accused DeSantis and his supporters of illegally using the state government to punish a company for voicing an opinion that should be protected by free-speech rights.
The skirmish began last year after Disney criticized a Florida measure banning classroom discussion of sexuality and gender identity with younger children. DeSantis repeatedly attacked “woke Disney” in public remarks.
Florida lawmakers passed legislation that ended Disney’s virtual autonomy in central Florida where the Disney World theme parks attract millions of visitors each year.
In the action filed in federal court in Tallahassee, Disney said it aimed to protect Disney World’s employees, guests and developers from “retaliation for expressing a political viewpoint unpopular with certain State officials.”
“Disney now is forced to defend itself against a State weaponizing its power to inflict political punishment,” the company said.
Last year, Disney’s then-chief executive, Bob Chapek, said the company opposed a bill formally known as the Parental Rights in Education Act. Critics called it the “Don’t say gay” law.
Disney’s lawsuit alleges that a newly formed DeSantis-appointed tourist board violated the company’s contract rights, and did so without just compensation or due process. The company is asking the court to declare Florida’s legislative action unlawful.
DeSantis has argued that Disney, which employs roughly 75,000 people in Florida, had been enjoying unfair advantages for decades.
“We are unaware of any legal right that a company has to operate its own government or maintain special privileges,” DeSantis spokesman Jeremy Redfern said Wednesday on Twitter.
The governor is currently traveling in Asia on a four-country trade mission.
Disney shares fell 1.4% to close at $96.61 on the New York Stock Exchange on Wednesday.
POLITICAL RISK
DeSantis’ clash with Disney has been a centerpiece of his speeches as he toured the United States ahead of his expected presidential bid. But as the battle has intensified, it has brought mounting political risk.
Former President Donald Trump, the favorite for the Republican nomination, has slammed DeSantis’ stance, saying on social media that the governor “is being destroyed by Disney” and warning that the company would reduce its investments in Florida.
Carlos Curbelo, a former U.S. Republican congressman from Miami, said DeSantis’ attacks on Disney “made sense for a time.”
“Now it’s coming across as petty and personal,” Curbelo said. “Disney clearly detects that the governor is in a weaker position today and is going on offense for the first time in this conflict.”
Before DeSantis appointees took over a state board that oversees Disney World, the company pushed through changes to the special tax district agreement that limit the board’s action for decades.
Florida’s new oversight body on Wednesday said Disney’s plans for potential expansion of Disney World did not comply with state law, and declared that agreement void.
The Central Florida Tourism Oversight Board unanimously supported an attorney’s findings of legal flaws in the developers’ agreement Disney reached in February with a previous board, including a lack of proper public notice.
“What they created is an absolute legal mess,” said board Chairman Martin Garcia. “It will not work.”
Disney announced its lawsuit minutes later.
The tussle could boost DeSantis’ support among U.S. Republican voters, a Reuters/Ipsos poll found, but also hurt him among the wider electorate.
Seventy-three percent of respondents – including 82% of Democrats and 63% of Republicans – said they were less likely to support a political candidate who backs laws designed to punish a company for its political or cultural stances.
The judge that will oversee Disney’s case against DeSantis, U.S. District Judge Mark Walker, has struck down several laws that defined the governor’s conservative political agenda, including statutes that sought to limit the speech of college professors, curtailed protests and restricted voting access.
(Reporting by Dawn Chmielewski and Lisa Richwine in Los Angeles; Additional reporting by James Oliphant in Washington; Editing by Sonali Paul, David Gaffen and Matthew Lewis)
Disney v. DeSantis judge called Florida governor’s law ‘dystopian’
Tom Hals – April 26, 2023
WILMINGTON, Delaware (Reuters) -When attorneys for Florida Governor Ron DeSantis appear in court to defend against Walt Disney Co’s lawsuit that accuses the Republican official of weaponizing state government, they will see a familiar face, if not always a welcome one.
U.S. District Judge Mark Walker in Tallahassee has struck down several laws that defined DeSantis’ conservative political agenda, including statutes that sought to limit the speech of college professors, curtailed protests and restricted voting access.
Walker was nominated to the federal court by former President Barack Obama, a Democrat.
Disney sued DeSantis on Wednesday to block a state law that created an oversight board that Disney said will interfere with billions of dollars of planned development.
The feud between the global entertainment giant and a likely candidate for the 2024 presidential election started last year, when Disney criticized a law signed by DeSantis that banned classroom instruction on gender identity and sexual orientation for younger children.
Disney alleges a law that imposed an oversight board was punishment for voicing opposition to DeSantis’ classroom instruction law known as the Parental Rights in Education Act.
The company called the state’s actions “particularly offensive here due to the clear retaliatory and punitive intent.”
The gender-education statute, derided by critics as the “Don’t Say Gay” law, survived challenges in federal court before a different judge.
Free speech has been central to several rulings by Walker against DeSantis, although the judge has also at times sided with the governor.
Walker blocked the Individual Freedom Act or Stop Woke Act, which limited the speech of college professors, calling it “positively dystopian” in an opinion that began with a quote from George Orwell’s anti-totalitarian novel “1984.”
In 2021, Walker blocked the Combating Public Disorder Act, which DeSantis signed into law after the 2020 protests over the murder of George Floyd, a Black man, at the hands of police.
Walker ruled the law’s expansion of the definition of “riot” infringed on protesters’ right to free speech.
The judge last year enjoined a law signed by DeSantis that banned ballot drop boxes and prevented groups from offering food and water to voters waiting in long lines, causes championed by Democrats as a way to support voter turnout.
The judge also sided with plaintiffs in a second lawsuit challenging a different aspect of the Stop Woke Act, which defined as “unlawful employment practices” workplace training around issues of race and sex.
Walker said Florida had become a place where the First Amendment allowed, rather than prevented, the state to limit speech. Or as he put it, “in the popular television series Stranger Things, the ‘upside down’ describes a parallel dimension containing a distorted version of our world. Recently, Florida has seemed like a First Amendment upside down.”
The judge has also ruled with DeSantis and declined to block the execution of a death row inmate and dismissed some claims against the governor over the Individual Freedom Act.
(Reporting by Tom Hals in Wilmington, DelawareAdditional reporting by Lisa Richwine in Los AngelesEditing by Amy Stevens and Matthew Lewis)
