Whitmer signs bills impacting Michigan teachers and potentially bringing more to the state
Clara Hendrickson, Detroit Free Press – July 26, 2023
Gov. Gretchen Whitmer signed a series of bills Wednesday that expand bargaining power for teachers’ unions, make it easier for out-of-state teachers and counselors to move to Michigan and eliminate a restriction on setting teacher pay that only applies to Detroit educators.
“This legislation will build on our efforts to recruit and retain the talented educators that provide Michigan students with a phenomenal education,” Whitmer said in a statement.
The bills aren’t the only changes to education policy the governor has made recently. Earlier this month, she overhauled the state’s education department, announcing the creation of a new one that will consolidate early childhood and higher education programs currently spread across multiple state agencies. Last week, she signed an education budget that will provide free breakfast and lunch to all PreK-12 public school students and expand eligibility to enroll in Michigan’s state-funded preschool program.
Here’s a look at the other changes the bills signed by Whitmer will bring to Michigan’s classrooms.
Gov. Gretchen Whitmer speaks at a bill signing ceremony in Suttons Bay on July 20, 2023 before signing the education budget.
Whitmer signed House Bill 4354, which eliminates restrictions on teacher’s unions from bargaining with public schools about performance evaluation systems and teacher placements. House Bill 4820 signed by Whitmer also changes how seniority is considered in public schools’ personnel decisions. Currently, length of service generally cannot be factored into those decisions.
Whitmer also signed House Bill 4044, which repeals a ban on public employers paying higher wages and providing more generous benefits after a collective bargaining agreement expires. And Whitmer approved House Bill 4233 which eliminates a prohibition against public school employers from using school resources to help unions collect dues or fees from public school employees. Bill sponsor state Rep. Jaime Churches, D-Wyandotte, touted the legislation for enabling teachers to automatically have their union dues withdrawn from their paychecks.
House Minority Leader Matt Hall, R-Richland Township, blasted the legislation. “As they hand out favors and power to their union boss allies, Michigan Democrats are continuing to undermine public education and put the needs of students last,” he said in a statement. With the exception of House Bill 4233 which garnered the support of one GOP lawmaker − state Sen. Ed McBroom, R-Waucedah Township − Republicans opposed the package bills.
Senate Bill 359 signed by Whitmer eliminates the requirement that compensation for Detroit teachers and administrators be determined primarily on the basis of job performance. Instead, it allows teacher and administrator pay to take into account the number of years spent on the job and advanced degrees held by Detroit Public Schools Community District employees.
The bill has its origins in a 2016 Republican effort aimed at addressing financial challenges facing Detroit’s public school system which created a different process for determining teacher and staff compensation from the rest of the state.
Bill sponsor state Sen. Stephanie Chang, D-Detroit, said in a June statement that the ban on considering longevity and advanced degrees to determine Detroit teachers’ compensation was an “unfair prohibition” that has caused teachers to leave the district.
Lure out-of-state teachers and counselors to Michigan
Finally, Whitmer signed Senate Bills 161 and 162 aimed at making it easier for school teachers and counselors to move to Michigan. The pair of bills reduce the barriers both out-of-state teachers and school counselors face to work in Michigan’s schools by easing the state’s teacher and school counselor certification requirements.
Sheryl Kennedy, the legislative liaison for the Michigan Department of Education, said about a quarter of Michigan teachers moved in from out of state and the bills could make Michigan a destination for educators. “Michigan’s kind of really becoming a place where teachers really want to go from other states,” she said during a hearing on the legislation.
A classroom sits empty at the Cesar Chavez Academy High School in Detroit last March after the pandemic hit.
Senate Bill 161 enables those with a teaching credential from a federally recognized Indian tribe or another country to apply to the state superintendent of public instruction to receive a teaching certificate without needing to take teacher certification exams in Michigan. The bill also eases the criteria for those eyeing a move from another state to Michigan to teach. For example, it allows those with a teaching certification from another state, federally recognized Indian tribe or country to be eligible for a Michigan professional education certificate if they have successfully taught for at least three years in their prior jurisdiction.
Senate Bill 162 creates similar pathways for out-of-state school counselors.
“Incandescently stupid”: Former DHS official says he had to “dumb” down classified memos for Trump
Gabriella Ferrigine – July 26, 2023
Donald Trump Mark Makela/Getty Images
Miles Taylor, who served as chief of staff at the Department of Homeland Security under Donald Trump, shared how he often had to oversimply national security reports for the former president.
“This fifty-page memo that we would normally give to any other president about what his options are is something Trump literally can’t read. The man doesn’t read. We’ve gotta boil this down into a one-pager in his voice,” Taylor told podcast host Brett Meiselas on Tuesday. “And so I had to write this incandescently stupid memo called something like, ‘Afghanistan, How to Put America First and Win.’ And then bullet by bullet, I summed up this highly classified memo into Trump’s sort of bombastic language because it was the only way he was gonna understand,” Taylor added. “I mean, I literally said in there, ‘You know, if we leave Afghanistan too fast, the terrorists will call us losers. But if we wanna be seen as winners, we need to make sure the Afghan forces have the strength to push back against these criminals.’ I mean, it was that dumb and that’s how you had to talk to him.”
Excess Deaths Among Republicans Skyrocketed After Covid Vaccine Became Available, Study Finds
Nikki Main – July 26, 2023
More Republicans died than Democrats after the Covid vaccine was released
As covid vaccines started to roll out in February 2021, misinformation and conspiracy theories surrounding the shot were on the rise—as were the deaths of Republican voters.
A new study from Yale University looked at 538,159 people in Ohio and Florida starting on May 1, 2021, and focused on counties that reported lower vaccination rates. In the first year of the pandemic, the number of covid-related deaths was evenly dispersed among both Democrats and Republicans, but that quickly changed within a month after the vaccine became available to all U.S. adults.
The study found the “excess mortality was significantly higher for Republican voters than Democratic voters after COVID-19 vaccines were available to all adults, but not before,” noting that the death rate for Republican voters was 43% higher than for Democratic voters after the vaccine was widely available. However, the study notes that the data did not include whether the individual was vaccinated or if their deaths were directly linked to covid-19, but researchers looked at the divide in political party-affiliated deaths between January 2018 and December 2021 and compared the pre-pandemic death rate to deaths recorded post-Covid vaccine.
“We’re not saying that if you took someone’s political party affiliation and were to change it from the Democratic Party to the Republican Party that they would be more likely to die from covid-19,” the study’s lead researcher Jacob Wallace told The Wall Street Journal.
This study is not the first to reflect an increase in deaths following the rollout of the Covid-19 vaccine, with KFF estimating in April of last year that at least 234,000 Covid deaths recorded between June 2021 and March 2022 could have been prevented if the individuals had received the vaccine. “These findings suggest that differences in vaccination attitudes and reported uptake between Republican and Democratic voters may have been factors in the severity and trajectory of the pandemic in the US,” the study says.
The higher rate of Republican deaths has been widely attributed to misinformation and mistrust in official sources of information surrounding both the vaccine and the pandemic. Liz Hamel, the vice president of public opinion and survey research at the Kaiser Family Foundation told NPR in 2021, “An unvaccinated person is three times as likely to lean Republican as they are to lean Democrat.” The NPR analysis found that people in counties that primarily voted for Donald Trump in the 2020 presidential election were three times as likely to die from covid-19 compared with those living in counties that leaned toward President Joe Biden.
Despite Wallace and his team’s findings, Florida Governor and presidential candidate Ron DeSantis continues to claim that Florida got it right when it came to its handling of the pandemic and filed a petition to investigate vaccine makers for fraud. He filed the petition to the Florida Supreme Court in December, alleging conspiracies about the scientific evidence that the vaccine is resistant to new variants. “It is impossible to imagine that so many influential individuals came to this view on their own,” he wrote. “Rather, it is likely that individuals and companies with an incentive to do so created these perceptions for financial gain.”
The rise in misinformation about Covid vaccines is still affecting the number of people who believe it is safe, with only 49% of Republicans reporting they are “very” or “somewhat” confident in the vaccine versus 88% of Democrats, according to a March study conducted by Stephen Neely at the University of South Florida.
Speaking on the Yale study, Neely told The Post the findings were important because they shed light on how a response to the Covid vaccine has shaped how the death toll played out. “It’s one of the most telling metrics I’ve seen in how the politicization of the pandemic has played out in the real world,” he said.
Nearly 28,000 Iowans have been disenrolled from Medicaid. Here’s why:
Michaela Ramm, Des Moines Register – July 26, 2023
Nearly 28,000 Iowans have been disenrolled from Medicaid this year as part of Iowa’s redetermination process — a consequence of continuous coverage no longer being guaranteed.
The latest data from the state’s Health and Human Services Department shows 27,744 Iowans were disenrolled from the safety net health insurance program since April, when Iowa began “unwinding” expanded eligibility.
About 30% of those Iowans — 8,401 — were disenrolled for procedural reasons, including failing to return paperwork.
The remaining 19,343 were deemed ineligible for further coverage, state data shows.
Since April, the state has been reviewing the eligibility of 900,000 Iowans who receive Medicaid and CHIP (the Children’s Health Insurance Program) benefits to determine if they still qualify under pre-pandemic regulations.
Federal health officials and other advocates have raised alarms about the number of people disenrolled for procedural reasons, which refers to those who did not return their paperwork or otherwise failed to complete the renewal process.
They say people may not be aware they’re up for renewal or recently changed addresses and didn’t receive the paperwork.
“What we’re seeing across the country from the first two months is that whilst people have done a lot to prepare, at the same time there are a lot of people losing their coverage,” said Dan Tsai, director of the Center for Medicaid and CHIP Services. “A really high number of folks are losing coverage for what we call procedural reasons.”
State officials managing the redetermination process, however, say the current rate of disenrollment, including procedural drop-offs, was expected. Iowa Medicaid Director Liz Matney said the department’s data show the majority of those kicked off the program have health insurance coverage elsewhere.
“It’s not surprising. If somebody gets renewal paperwork and they say they don’t need Medicaid anymore, why would they submit paperwork?” Matney told the Des Moines Register. “So when the team has been looking at the individuals who are disenrolled for any reason, but particularly for those who are disenrolled for not returning their paperwork, we can tell in our system who has other health insurance.”
That data has not been made publicly available on the state’s dashboard.
Still, officials with the Centers for Medicare and Medicaid Services have called on Iowa and other states to simplify the process. In addition to keeping individuals who qualify on Medicaid, states also need to connect low-income residents with other coverage options, Tsai said.
“We’re looking for states to also do everything in their power, way beyond what the federal minimums are, to try to make it easier for eligible people to keep their coverage,” Tsai told the Register. “If you’re not eligible for Medicaid, we want you on your employer-sponsored coverage. We want you on the ACA plans. We don’t want you uninsured, and that’s the bottom-line focus for us from a federal standpoint.”
Typically, Iowans on Medicaid undergo a redetermination process every year to check their eligibility to see whether they still qualify.
But as part of the federal government’s response to the coronavirus pandemic starting in March 2020, states were required to maintain coverage for individuals on Medicaid, even if they no longer qualified. In exchange, states received enhanced federal funding to manage the health insurance program.
In Iowa, more than 168,000 individuals maintained coverage during the three-year pause on Medicaid redeterminations, state data shows.
That requirement to maintain continuous coverage ended in March 2023, when federal officials ended the national public health emergency.
As a result, the state’s health and human services department is checking the eligibility of hundreds of thousands of Iowans on Medicaid and CHIP, a massive undertaking that must be completed by May of 2024. Matney said state employees are processing close to 70,000 new applications every month, a “huge increase” from the typical redetermination process pre-pandemic.
Early estimates showed about 136,000 Iowans would be disenrolled from Iowa Medicaid, the state’s $7 billion privatized program, by the end of the 12-month unwinding period.
The state agency has worked to automate as much as possible and has launched a public messaging campaign to spread the word to members to turn in their paperwork. The managed care organizations that administer Medicaid benefits also have engaged in direct outreach to members, including knocking on the doors of some members to help them fill out their application, Matney said.
How many Iowans have renewed their coverage?
As of June, 854,791 people were enrolled in Iowa Medicaid and CHIP. That’s 39,053 fewer than in April.https://flo.uri.sh/visualisation/14502335/embed
In the first three months of the “unwinding” process, 105,401 enrollees renewed their coverage under the Iowa Medicaid program, according to state data.
Of those, about half — 51,940 — were renewed on an “ex parte basis” or automatically renewed based on information the state has on the enrollee. The remaining 53,461 enrollees who renewed their coverage filled out and returned the redetermination paperwork sent by the state.
Federal officials call on states to do more. What is Iowa saying?
As the redetermination process continues for the next several months, Matney said she expects the number of individuals disenrolled, including for procedural reasons, will level off.
State officials had flagged enrollees who were likely ineligible for continued coverage, and frontloaded their reviews early in the redetermination process. As a result, Matney said, the rate of procedural dropoffs from April through July will be higher than the remaining months of the unwinding process.
Matney said enrollee data shows as much as 85% of individuals disenrolled from Medicaid have insurance elsewhere, such as an employer-sponsored plan. It also shows most of those who were disenrolled are adults.
The remaining portion is likely still eligible for Medicaid, which is why the state implemented a 90-day grace period to allow members to reapply for coverage, even if they missed the deadline, Matney said.
“If they get their paperwork in within that 90 days, we’ll backdate to the date that they last covered, so there’s no gap,” Matney said.
Members will most likely find out they no longer have Medicaid coverage when they pick up prescriptions. Matney said a possible solution could come in the form of partnerships with pharmacies, allowing those providers to complete presumptive eligibility determinations and help members get back on Medicaid quickly.
However, she said many states are finding pharmacies are not signing on to help with that work.
CMS has recently taken steps to address the number of Americans kicked off Medicaid coverage during this process, even pausing redetermination efforts in some states that have violated federal regulations, according to a press briefing from last week. Federal officials did not list the states involved.
Tsai said CMS officials are continuing to call on states, especially those with higher rates of procedural dropoffs, to utilize federal waivers offered by CMS for states’ redetermination efforts. These temporary policy changes are structured to help ease the process for members and ensure the nation’s uninsured rate doesn’t spike.
Among those waivers is extending postpartum coverage for Medicaid recipients to a year, a policy that has not been adopted in Iowa. Currently, the state provides members with 60 days of postpartum coverage.
“Under that, there definitely is more room for Iowa to be able to take up more of those,” Tsai said.
Matney said at this stage in the unwinding process, she doesn’t see any need to use additional policies offered by federal health officials to ease the process.
“We’ve gone through the list and really done the analysis of what we’re already doing versus what would be more administratively complicated,” Matney said. “The juice isn’t worth the squeeze in some such situations, and so right now, we’re still in the same spot. But we’ll be evaluating that, and if we feel additional waivers are important and necessary to help ease the process for ourselves and for Medicaid members and Iowans in general, we’ll certainly pursue that.”
Michaela Ramm covers health care for the Des Moines Register.
Trump’s downfall is coming: Now the Democrats must use his crimes to finish him
Chauncey DeVega – July 25, 2023
Donald Trump; Capitol Riot; January 6 Photo illustration by Salon/Getty Images
It now appears that Donald Trump, a criminal mastermind who has spent decades evading serious responsibility for his behavior, may finally have met his match. The doubly-indicted ex-president — with a third and fourth indictment likely to follow soon — now faces multiple felony trials and criminal investigations across the country for violations of the Espionage Act, financial fraud and other serious crimes connected with his attempts to overturn the 2020 election.
Last week Trump confirmed that the Department of Justice has sent him a “target letter” indicating that special counsel Jack Smith may soon charge him with defrauding the United States and “deprivation of rights under color of law” in connection with the Jan. 6 coup plot. Trump also faces potential charges related to tampering with witnesses and “obstruction of an official proceeding.”
Experts have noted that one statute cited in the target letter (Section 241 of Title 18) was created during Reconstruction in an attempt by federal authorities to protect the rights of newly freed Black Americans from the Ku Klux Klan and other Southern white terrorist groups.
Trump still has a vast war chest of money and considerable resources of other kinds, but those are being depleted by his growing legal expenses. In all probability, he will still be the 2024 Republican presidential nominee. But his latitude of action and his ability to escape the law appears, at least for now, to be diminishing. The “Trumpocene” era may be drawing to a close, but what may happen next in this truly unprecedented historical period remains unclear.
Are we truly witnessing Trump’s downfall — and if so, why did it take so long? Where would the country be now if Attorney General Merrick Garland had moved faster?
What about Trump’s tens of millions of MAGA followers, the largely subservient Republican Party, the right-wing news media and all the other tools he has at his disposal? Can those resources help him escape justice and accountability once again? In an attempt to make sense of the road ahead for Donald Trump and the fate of American democracy, I recently asked a range of experts to offer their thoughts and insights.
Rachel Bitecofer is a political analyst and election forecaster.
The idea that former President Trump and his co-conspirators might get away with their plain-sight crimes, as serious as attempting to seize permanent power via disrupting the transfer of power, has haunted many of us over the past two years. So it is a big relief to see we have moved past this corrupting idea that American presidents cannot be prosecuted, a concept I feel certain even the Federalists would have found horrifying.
Finding out that the FBI was actively involved with trying to prevent search and seizure in the Mar-a-Lago classified documents case, despite a year of theft, lies, and concealment of important national security documents — combined with reports that Garland and the Department of Justice remained inert on investigating the principals behind the Jan. 6 insurrection until the House select committee forced them into it — does not exactly inspire confidence in the system. The fact is, if the Department of Justice had led, and not followed, on the Jan. 6 investigation we would be living in a very different legal reality than we are now, where we are likely to see a criminally convicted Republican nominee running in the fall general election.
I would like to believe that Trump will be neutralized, and won’t be on the ballot in November of next year. But my experience and instincts tell me this crisis is far from over and that many twists and turns and dangers remain. The fact is, Trump continues to receive preferential treatment from the federal justice system, and that should concern every law abiding American. The “two-tiered system” of justice that Trump and his MAGA allies like Speaker McCarthy decry is actually this: There is one standard for someone like Jack Teixeira, a National Guardsman recently indicted for stealing classified intel who is being held in custody as a risk to national security, and another for Donald Trump, who despite allegedluy committing similar crimes, is free on bond. Few defendants facing charges of classified info disclosures receive bond, let alone release without any conditions or seizure of the defendant’s passport. So, the jury is still out, so to speak, as to whether our federal judicial system can meet this moment.
That said, my assumption is that as indictments stack up across multiple federal and state venues, less committed Republican voters who are currently inclined to vote for Trump will start to conside giving Joe Biden a second term.
Look for the Trump campaign and their allies to flood the zone on polls, as they did during the run-up to the 2022 midterms in an attempt to disguise the failure of their “red wave” to materialize. Keep in mind that the bulk of primary voters do not follow the daily news, and will not start doing so until this fall. I think that state-level “fake elector” charges that tap into the people who powered the conspiracy are likely as important as the prosecutions of Trump himself.
Much of Trump’s power hails from his “supporting cast” of MAGA Republicans, who to this day continue to perpetuate the lies at the heart of the criminal conspiracy. If there are criminal penalties for illegal actions taken by these people, we may start to see Trump’s echo chamber fracture. That is key to breaking the mass psychosis behind the MAGA movement.
Norm Ornstein is emeritus scholar at the American Enterprise Institute and contributing editor for the Atlantic. He is also co-author of the bestselling book “One Nation After Trump: A Guide for the Perplexed, the Disillusioned, the Desperate, and the Not-Yet Deported.”
It is frankly a relief that Trump now is finally going to be charged with the ultimate crimes: direct attempts to destroy American democracy and instigate a violent insurrection. Of course, I would have preferred that this had happened earlier — and I wish Jack Smith had been given the case much earlier to expedite it. But I also know that a case that was not complete and had not tied up every loose end might have ended with a dismissal or an acquittal — or at least with a hung jury because of one diehard Trumpist who would be fine with him shooting someone on Fifth Avenue in broad daylight. We will have to wait to see what the charges are, and who is cooperating. But I doubt that people like Mark Meadows or former Arizona Gov. Ducey would have been willing to cooperate if the ask had come a year or more ago.
The fact that other prosecutors, including Fani Willis, have not brought charges yet shows that this is a common feature of complex and highly charged cases, not simply Merrick Garland dragging his feet. To be sure, nothing would have altered the disgraceful reactions of the Kevin McCarthys and Elise Stefaniks.
The bad news is that even after charges are brought, it will take months before they result in a trial. Some of the delays will no doubt be driven by the bias of Judge Cannon in Florida, but cases involving a lot of classified material inevitably take longer. It is possible we will have one or more trials during the primary stage, or even later than that. And it remains true that none of this seems to be changing the Republican primary voters in their attachment to Trump. He may be a presidential nominee facing multiple criminal trials during the campaign and after the election. That’s nightmarish, to be sure. But what would be more nightmarish is if he were not held accountable for multiple offenses against the United States and all of us.
Cheri Jacobus is a former media spokesperson at the Republican National Committee and founder and president of the political consulting firm Capitol Strategies PR.
While a target letter implies indictments are coming, it’s well over a year late. Possibly too late. Merrick Garland has afforded Trump the luxury of time to build, fundraise, agitate, organize, propagandize, blackmail, brainwash, bribe, threaten, energize, incite, strengthen his hold on his base and possibly grow it. Trump’s appointed judge, Aileen Cannon, has set a trial date for the stolen classified documents case for May, 2024, likely ensuring further delay as the GOP primary will be underway and likely showing Trump as the presumptive nominee. This calendar is fraught with peril for justice and democracy. Had Garland not inexplicably sat on his hands for so long, we’d be in trial stage by now, and the GOP donors and candidates would have plenty of reason to move on from Trump and lead his cult followers away from the cliff.
The reality is that Trump will likely be the GOP nominee and has a very good chance of becoming president again. He can run and serve if he is indicted, prosecuted, found guilty and even if he is serving time in prison. There is nothing in our Constitution forbidding it.
It is becoming apparent that our only hope may be the 14th Amendment, which bars an insurrectionist from office. Section 3 of the amendment — the Disqualification Clause — bars any person from holding state or federal office who took an oath to support the Constitution as an “officer of any State” and then “engaged in insurrection or rebellion” or gave “aid and comfort” to insurrectionists. It would have to be brought to court in each state. A “test” case brought by CREW in New Mexico was successful, as an officeholder who was on the Capitol steps on Jan. 6 was removed from office by a judge. If Trump is properly convicted for his role in the insurrection, the path to keeping him off the ballot (at least in enough states) and out of the White House will be the 14th Amendment.
I’m pleased the walls look to be closing in, and that the special prosecutor appears to be pursuing this aggressively. Accountability here is desperately needed. No one who leads an insurrection against the peaceful transfer of power should be allowed to run for office again. If Garland had moved faster, we might have lived up to such a foundational and crucial principle. The delayed pursuit also sent a message across the country that undermined the seriousness of what happened. If you’re a less partisan voter trying to make sense of all the clamor and rhetoric about Jan. 6, the lack of early movement by the attorney general signaled that it must not have been that bad. That false narrative has shaped perceptions ever since, and will likely do so as any trial proceeds.
Trump will win the Republican primary, and I think Biden remains in a strong position to beat Trump in the general election. The extremism of the far right, made so real by the Dobbs decision and what’s happened since, continues to be the prime driver of voting behavior.
My primary anxiety is whether those on the side of democracy take advantage of this opportunity by competing and winning up and down the ballot, including state legislative races. With democracy in the balance, it’s no longer good enough to simply win federal races in a few swing states, leaving untouched most of the places where extremism is advancing and democracy undermined. To reverse the downward spiral, those fighting for democracy must widen and deepen their battle plan for both ’23 and ’24.
Rich Logis, a former member of the Republican Party and right-wing pundit, is the founder of Perfect Our Union, an organization dedicated to healing political traumatization, building diverse pro-democracy alliances and perfecting our union.
Irrefutably, Trump is partly responsible for the insurrection; the justification of politically motivated violence was one of the reasons I left behind the politically traumatic world of Trump/MAGA/GOP. Jack Smith’s Jan. 6 charges are going to be bad, and I will not be surprised if he charges Trump with seditious conspiracy or treason; Smith knows he must show evidence that Trump knows he lost the 2020 election, and I am certain Smith will provide such proof. We still really don’t know what Trump was doing for three hours, once the insurrectionists breached the Capitol. Privately, the GOP, as well as Trump’s primary opponents, are beyond ecstatic over Trump’s legal problems, but they are grossly incorrect in their likely assumption that such problems weaken Trump: The more he’s indicted, the stronger his support grows with the GOP’s primary voting base.
I fully appreciate that many are dissatisfied with the speed at which Attorney General Garland moved. In fairness, he is not only in an unenviable position but an unprecedented one. I am a staunch defender of Garland: He has never lost a case he has tried, is a man of granite integrity and would not have taken the job had he thought he’d be coaxed into doing anyone’s bidding; this was proven by his prosecution of Hunter Biden. If Trump committed crimes, Garland will win at trial. Holding Trump legally accountable is mandatory, if we, as a nation, are going to overcome the mistake of Trump’s election.
One immense benefit that Trump, DeSantis, etc., have is that most of the American electorate isn’t political; most only pay attention a month, or two, before an election. The Democratic Party needs to stop worrying about Biden’s age and the polls, and start worrying about how to reach the tens upon tens of millions of Americans who are apolitical.
Because of the Electoral College, Trump was much closer to winning in 2020 than the Democratic Party wants to acknowledge. Biden’s re-election is not guaranteed. America has survived one Trump presidency. But another? It is a risk we must not take. The most beneficial outcome for the country is to electorally mercy-kill the GOP. We must be patient in affliction, simultaneously bringing the good news of conserving democracy to the afflicted.
The target letter by Jack Smith reveals that Trump’s numerous criminal transgressions are at the very least catching up to him. Whether or not this will result in any form of accountability remains to be seen, but it is certainly a troubling development for the leading GOP presidential candidate, whose 2016 campaign included the chant, “Lock her up!” Karma, thanks to Merrick Garland and the Justice Department, was slow and late to respond, but this is certainly bad news for Trump and his MAGA minions. Over in Michigan, Attorney General Dana Nessel announced felony charges against 16 Michigan residents for their role in the alleged false electors scheme. This is in addition to the two existing indictments against Trump.
We still haven’t heard from District Attorney Fani Willis of Georgia, who has Trump dead to rights thanks to his phone call asking the secretary of state to “find” him the votes he needs. For normal people who aren’t protected by whiteness, wealth and the GOP, all of this would be enough to send a person to jail for years. However, everything is skewed to mollify the radicalized anger of white rage and MAGA, so I won’t hold my breath for Trump’s incarceration. I remain cynical, because he is a former president and I recall that Richard Nixon never spent a day of his life in jail and went on to a lucrative speaking and writing career. Still, we need more accountability, and this will only increase the pressure on Trump’s minions, such as Meadows and others, to play ball with law enforcement.
These people are brittle and weak porcelain dolls who won’t last a day in jail. They’ll sing like birds. None of this will dampen MAGA support for Trump, and we already see the GOP leadership rallying around him. Even Megyn Kelly, whom Trump mocked and ridiculed, has made amends with her former tormentor. Masochism is the price to pay when you’re in a political cult. I do believe this will weaken Trump and Republicans leading up to 2024, however, and build up the rich narrative of his awesome corruption and the GOP’s utter, craven complacency and complicity.
Experts: Smith just got potentially “highly incriminating” evidence — but it could delay indictment
Igor Derysh – July 25, 2023
Donald Trump; Jack Smith Photo illustration by Salon/Getty Images
Former New York Police Commissioner Bernie Kerik, a close ally of former Trump lawyer Rudy Giuliani, has cut a deal to turn over his findings into supposed 2020 election fraud to special counsel Jack Smith, according to The Daily Beast. Kerik received a full pardon from then-President Trump in February 2020, erasing his 2010 conviction on eight felony charges relating to tax fraud and lying to federal officials. He served nearly three years in prison before his release in 2013.
Smith previously subpoenaed the documents, which are related to Kerik’s work as former President Donald Trump’s on-the-ground investigator looking at widely discredited conspiracy theories about voter fraud, according to the report. Kerik’s team refused to turn over the documents, citing attorney-client privilege because he was working on behalf of Trump’s attorney, but Trump himself waived the privilege on Friday and agreed to let him turn over the documents, Kerik lawyer Tim Parlatore told the outlet.
Smith is expected to receive nearly 2,000 pages of documents describing Kerik’s probe.
National security attorney Bradley Moss called the move a “significant gamble by Trump’s legal team” but it’s unclear why he signed the waiver.
Smith’s team is looking at Trump’s decision process as he pushed baseless voter fraud conspiracies while his advisers refuted the allegations.
Parlatore, who previously represented Trump as well, told The Daily Beast that the evidence may end up being exculpatory because it shows the Trump campaign did hear allegations of fraud and engaged in good faith efforts to investigate the claims.
“From the time he received a subpoena from the January 6 Committee, Mr. Kerik has believed that full disclosure is the best policy so that the public can understand how extensive the legal team’s efforts to investigate election fraud were,” Parlatore told the outlet.
But none of Kerik’s efforts found any proof of voter fraud and virtually all of Trump’s post-election legal challenges failed in court.
New York University Law Prof. Ryan Goodman warned that Kerik’s documents “could be highly incriminating,” citing a D.C. bar committee report on Giuliani that found that the documents “do not show any connection” between allegations and “election fraud.”
Kerik and Giuliani “could not and would not confirm that the information contained in the Kerik documents was true,” the report said, adding that the content is “in many instances facially incredible.”
While Trump’s lawyers could argue that they made a good faith effort, prosecutors can use it to show that the evidence Trump claimed he had was “nothing and unsubstantiated,” former federal prosecutor Elie Honig said on CNN.
“They need to know what’s in those documents,” he said of Smith’s team. “And I think they need to be prepared to counteract those, to say, ‘This is nothing. This is a pile of useless garbage.’ A lot of courts found that, and I think prosecutors have to be ready for that defense.”
Kerik told The Daily Beast that he also agreed to sit down for a formal interview with the feds in mid-August. The outlet noted that the “timing could indicate that Smith isn’t as close to indicting Trump as the former president has recently suggested, but Smith could also conduct the Kerik interview after an indictment.”
Former Watergate prosecutor Jill Wine-Banks agreed that the timeline could be delayed, tweeting that “it may be a long indictment watch.”
Former U.S. Attorney Joyce Vance told MSNBC that it is difficult to gauge Smith’s timeline given that he sent Trump a target letter last week but is still talking to witnesses.
“I think the answer is while we could see an indictment any day, it’s possible that there could be a strategy, for instance, to indict Trump alone and to continue to work on the rest of the case,” Vance said. “That seems a little bit far-fetched to me. This is a case where you want to play everything by the books. You want to treat this the indictment like you would any other case, prepare it against any and all of the defendants you’re looking at.”
Vance added that Smith is reportedly looking to bring a conspiracy charge, which means that “Trump would not be a standalone defendant, he would need some co-defendants.”
CNN legal analyst Norman Eisen, who served as Democratic counsel during Trump’s first impeachment, disagreed that the evidence would slow down Smith.
“I don’t expect… that this huge trove of documents and this additional testimony is going to slow him down or speed him up,” he said on Monday, “but it’s important and he can use it as he prosecutes the case whenever he may charge.”
Former U.S. Attorney Harry Litman cited Trump’s increasingly aggressive rhetoric about the probe as a sign that an indictment is coming soon.
The “hysteria levels from Trump are hitting the stratosphere because this is one that he would know about,” he told MSNBC. “So, to me, the table is set, Smith is ready to go and that’s what the target letter means, save only you guys coming in or not? And by the way, you can’t take two weeks, you know, come in off the pitch after that. Here’s the indictment.
‘I Drank 8 Glasses of Water Instead of Only 3 Every Day for 2 Weeks—Here’s What I Noticed Right Away’
Beth Ann Mayer – July 25, 2023
The idea of staying hydrated throughout the day is nothing new, and the reminders become more prevalent as the temperatures rise each summer. And have they risen this summer or what? About one-third of Americans were under excessive heat warnings earlier this month. It’s so hot in Europe that they’re naming their latest heat wave after a character in Dante’s Inferno.
I’ve decided to pick this hot-as-hell (literally?) summer to get back into marathon running for the first time since 2018, the year before I got pregnant with my first of two sons. I’ve felt parched (normal) and dizzy (not normal) after running. I’ve also realized I probably finish one 24-ounce water bottle daily.
Part of this is because my second child considers my water bottle a toy (despite all the other real toys he has). So, I generally keep it out of his sight and mind, which means out of my reach. At 17 months, he nurses like a newborn—another reason I need to stay hydrated.
Between the weather and my training regimen, I knew this had to change for my health. So, I committed to drinking more water.
The standard recommendation is to drink eight 8-ounce glasses of water daily. The guidance likely stems from a 1945 Food and Nutrition Board recommendation to drink eight glasses of water per day. A few things got lost in the sauce in the decades since. The first was followed by, “Most of this quantity is contained in prepared foods.” Translation: Fruits and vegetables contain water that counts toward your daily intake. The second: the Nutrition Board advised people to consume 2.5 liters (84.5 ounces) daily, not eight 8-ounce glasses (64 ounces).
In the years since, researchers have debunked this recommendation as a myth. But The National Academies of Science, Engineering and Medicine recommends men drink 125 ounces (3.7 liters) and women drink 91 ounces (2.7 liters), which isn’t all that more than the 1945 recommendation.
I’ve also done numerous interviews with dietitians and doctors since starting my writing career nearly a decade ago. Regarding water, and without fail, multiple health professionals have told me that starting with a goal to drink 64 ounces of water daily is a good baseline.
It’s certainly better than 24 ounces. I had to start somewhere.
In theory, drinking more water is one of the simplest, lowest-cost ways to enhance your health. You truly don’t need much except access to clean, safe water (sadly, a luxury for some) and something to drink it out of. To help me stay on track, I decided to use a few tools:
My trusty 24-ounce water bottle. I’m a words person, not a numbers person. But 64 divided by 24 is 2.66, meaning just under three full water bottles would get me to 64 ounces.
Waterllama app. This app sends notifications to remind you to drink water and allows you to track consumption. When I was pregnant with my first, I actually tracked water using an app and found it helped me stay on track with nutrition. I figured the notifications would also help me remember to sip, even when juggling work and parenthood.
On the first day, I realized how little water I drank. By noon, I had consumed 12 ounces of water. Some may call that a water bottle half full, but it felt half empty to me. I had 12 hours left to drink a whopping 52 ounces of water to meet my goal. I gulped. And gulped. And gulped. I spent the rest of the day feeling like I had a stomach full of water and like I was pregnant again because I needed to pee every five seconds.
There had to be a better way that felt less like a pressure-filled fire drill. I decided to set small goals beginning on day two. I’d aim for 24 ounces by noon, 24 ounces by dinner and 16 ounces between dinner and bed. And, to make it feel like less of a hill to climb, I focused on referring to it as “one water bottle by lunch,” “one water bottle by dinner” and “two-thirds of a water bottle by bed.”
The method worked instantly. I received a notification every two hours to drink water, and I was able to do a quick water bottle check to ensure I was sipping enough. I always was and felt accomplished as I watched my water intake numbers go up in my app.
The biggest challenge on the second day was my three-mile morning run. It was already pushing 80 degrees at 7:30 a.m., and I was dehydrated by the end. On the third day, I consumed 12 ounces an hour before working out. It allowed me to use the facilities pre-workout but have enough left in my tank to complete an even longer run of five miles.
By day five, drinking 64 ounces of water felt way more manageable. I felt better during my workout and more hydrated throughout the day, but I still had dizzy spells and felt rather depleted by dinner.
Cleveland Clinic notes that several factors dictate how much water you should consume daily, including:
The weather is warmer than usual, and my physical activity is higher now because of my training. And, like I said, I’m nursing a toddler.
I decided to focus on drinking at least 64 ounces daily, but not considering that a maximum. Instead, my goal became to drink enough to feel good. On days seven and eight, I drank before I got thirsty and got up to 80 ounces. I felt better. However, during the second week, I realized that between 100 and 110 ounces was more of my sweet spot. I never felt dehydrated or dizzy and could run around and play with my kids. Not surprisingly, I needed more on days I did longer runs.
Because drinking more water is low-cost, it sounds like a super-simple way to boost your health. But it can be challenging, particularly if you’re super focused on your career and tend to put everyone else first (hello, parenthood). That was probably my biggest takeaway, so please be kind to yourself if you struggle to stay hydrated.
My other learnings include:
Eight 8-ounce glasses daily is a baseline. This recommendation—which was never the real recommendation—is a good starting point. However, it may not be your endgame.
Water intake is fluid. No pun intended. However, it’s perfectly normal to need extra water on one day when it’s really hot, or you did a more intense workout than you did on a rest day that you spent mainly in the blissful air conditioning.
Drink when you’re not thirsty. Don’t wait until you’re dehydrated or thirsty to drink—those are late-stage signs you need water, not early ones.
Water is pre-workout fuel. Sipping water about an hour before working out will help you feel more hydrated during your sweat session (minus the urge to pee one mile into a six-mile run).
Stop before bed. Try to limit water intake about an hour before bedtime to reduce the midnight bathroom run (rest is also essential to health). You may need to reduce consumption sooner or later, but I found 60 minutes worked for me.
Apps help. I’ll probably stop tracking now that I’m in a flow with my water intake. I found tracking can aid in accountability but become a bit obsessive for me, but it was an excellent tool to get me started. Play around with it and see if it helps you reach your hydration goals short and long-term.
Water is essential. Though eight glasses daily may be a misnomer, the benefits of staying hydrated can’t be understated. I felt so much better when I woke up in the morning, during workouts and throughout my day because I was more hydrated. I had more energy to chase my kids around and tackle my to-do list.
On the last point, I hesitate to call drinking water “self-care” because it’s something necessary (in the same way showering with the door closed or grocery shopping alone aren’t really “self-care” but get pinned in that way for busy moms).
But it’s also not something to sacrifice to care for your children or get work done. Fill your cups (or water bottles) so you’re not quite literally pouring from an empty one all day.
How right-wing news powers the ‘gold IRA’ industry
Jeremy B. Merrill and Hanna Kozlowska – July 25, 2023
Dedicated viewers of Fox News are likely familiar with Lear Capital, a Los Angeles company that sells gold and silver coins. In recent years, the company’s ads have been a constant presence on Fox airwaves, warning viewers to protect their retirement savings from a looming “pension crisis” and “dollar collapse.”
One such ad caught the attention of Terry White, a disabled retiree from New York. In 2018, White invested $174,000 in the coins, according to a lawsuit by the New York attorney general – only to later learn that Lear charged a 33 percent commission.
Over several transactions, White, 70, lost nearly $80,000, putting an “enormous strain” on his finances, said his wife, Jeanne, who blames Fox for their predicament: “They’re negligent,” she said. A regretful White said he thought Fox “wouldn’t take a commercial like that unless it was legitimate.”
While the legitimacy of the gold retirement investment industry is the subject of numerous lawsuits – including allegations of fraud by federal and state regulators against Lear and other companies – its advertising has become a mainstay of right-wing media. The industry spends millions of dollars a year to reach viewers of Fox, Newsmax and other conservative outlets, according to a Washington Post analysis of ad data and financial records, as well as interviews with industry insiders. Former Fox News host Bill O’Reilly and former New York mayor Rudy Giuliani have promoted the coins, while ads for Lear’s competitors have appeared on a podcast hosted by Sen. Ted Cruz (R-Tex.) and Newsmax broadcasts of former president Donald Trump’s political rallies.
An analysis by The Post of political newsletters, social media, podcasts and a national database of television ads collected by the company AdImpact found that pitches to invest in gold coins are a daily presence in media that caters to a right-wing audience and often echo conservative talking points about looming economic and societal collapse. The Post found no similar ads for gold retirement investments in mainstream or left-wing media sources in the databases.
These so-called “gold IRA” companies are not publicly traded, so their revenue, profits and ad budgets largely cannot be determined. Court documents filed by Lear say the company has about $200 million in annual revenue; Dale Whitaker, the former chief financial officer at another company, Augusta Precious Metals, said overall industry revenue likely approaches $1 billion a year.
Over the past decade, more than 30 customers in 20 states have sued a dozen gold IRA companies, including Lear. Federal regulators have sued four companies – two in the past year alone – claiming investors were systematically charged as much as triple the coins’ value.
None of the cases have gone to trial; some are still pending. Of those that have been resolved, most have settled or been sent to arbitration, where outcomes are not made public. The companies have not admitted wrongdoing in any of the cases and say their customers have been adequately informed of the details of their purchases.
Joe Rotunda, enforcement director at the Texas State Securities Board, said the industry is extraordinarily difficult to police because selling gold, even as a retirement investment, is “extremely thinly regulated.”
Experts on commercial speech say Fox and other media outlets have no obligation to spurn advertising from gold IRA companies, despite the allegations. “Courts are very hesitant to impose liability on publishers,” said Harvard law professor Rebecca Tushnet, an expert in First Amendment and advertising law, who said the law is designed primarily to compel truthfulness by advertisers.
Tushnet added that “it might be reasonable, if you found out about the lawsuits, [to] contact the advertiser” and ask questions about the claims before running the ads. But if an advertiser blames their legal troubles on “the woke mob,” she said, “you’re often allowed to believe them.”
Fox News declined to comment. In a statement, Newsmax spokesman Bill Daddi said the network does not see allegations against the gold IRA companies as “a cause to block them from advertising.” Daddi compared them to some major financial firms that have been sued by customers or regulators, and whose ads continue to be accepted by mainstream outlets. For example, Wells Fargo paid $3 billion in 2020 to settle potential charges related to opening fake accounts in customers’ names.
In a statement, Lear Capital spokesperson Tracy Williams defended the company’s operations, saying most of Lear’s customers would have made a profit if they had sold at a recent market high. Williams said that White, the New York retiree, had acknowledged the company’s fee in a recorded call.
Last year, Lear settled New York’s 2021 lawsuit involving White without admitting wrongdoing. However, the company agreed to repay some customers and to disclose its fees more clearly. Lear now gives customers 24 hours to pull out of purchases, Williams said, putting the company at the “vanguard of disclosure … within its industry.”
Lear declined to say how much it spends to advertise on Fox News, but Williams said the network is not Lear’s primary source of customers. Nor is Lear likely to make up a significant share of Fox’s total ad revenue, which exceeds $1 billion a year, according to securities filings.
Fox is a logical place for Lear to advertise because “purchasing physical assets appeals to persons who have concerns regarding … topics often discussed on that platform,” Williams said. She added: “U.S. monetary policy is inseparable from U.S. political dynamics and themes.”
For years, gold IRA industry advertising has echoed accusations against Democratic politicians commonly found in news segments on conservative outlets. The ads tout the coins as a safe haven from economic uncertainty and social upheaval.
Most of the coins are manufactured by the Royal Canadian Mint, which says they’re bullion, a kind of coin whose value is determined by the underlying metal. As such, they meet IRS rules for retirement investments.
Unlike most bullion coins, however, the gold IRA industry’s coins are typically exclusive to the companies who sell them, usually with markups far higher than those charged by mainstream coin retailers, regulators and coin experts say. Alex Reeves, a spokesman for the Royal Canadian Mint, said the mint has no control “over sales practices further down the chain of distribution.”
“They are priced like collectibles, but collectible coins aren’t typically sold in bulk,” said Everett Millman, a precious metals specialist at coin dealer Gainesville Coins. “If a customer spent the same amount of money on products that are more standard, like [Canadian] Silver Maple Leafs, they would end up with a lot more ounces per dollar.”
With the exclusive coins, Millman said, “They’re simply torching money.”
“No one in their right mind would pay the premiums that these guys are charging,” added Ken Lewis, CEO of online coin dealer Apmex, who reviewed several customer invoices at The Post’s request.
The ads explain none of that. Instead, they focus on news events, such as a spate of recent bank failures and “everything that’s happening in the economy right now … with all the talk of inflation,” Rotunda said.
For example, an email ad for Augusta, sent to a Newsmax mailing list last July, warned that “The Biden administration’s economic policies are ‘declaring war’ on retirement savers.” In December, American Hartford Gold Group sent an email ad with the subject line: “Bill O’Reilly Warns: Retirement Funds at Risk From a Biden Recession.” The email is signed by O’Reilly, who did not respond to a request for comment.
Another ad for Hartford sent to the Newsmax mailing list in March warned of “Biden and Yellen’s Secret Plan to Steal your Hard-Earned Money and Bail Out Their Wall Street Buddies.”
Trump rallies are particularly big events for Hartford. On July 1, Newsmax aired a live broadcast of a Trump speech in Pickens, S.C., on a split screen with an ad for Hartford, which also sends “Trump Rally Special” email ads via Newsmax.
Since October 2020, email newsletters distributed by Newsmax have included more than 1,100 ads for gold IRA companies – nearly a quarter of all Newsmax email ads reviewed by The Post. At $1,000 to $5,000 each, according to Augusta financial records from 2016 reviewed by The Post, the ads likely generate more than $1 million a year in revenue.
Daddi, the Newsmax spokesman, said gold IRA companies represent “a small percentage of the total advertisers on Newsmax across all platforms.”
Some conservative figures offer explicit endorsements. Giuliani has called Hartford “the experts I trust most” on his podcast “Common Sense.” The “Verdict with Ted Cruz” podcast has featured ads for Hartford for at least a year, and a recent segment touted Augusta, urging listeners “to protect your dollars … with a gold IRA.” Neither Giuliani nor Cruz responded to requests for comment.
Two media dealmakers who have been involved in negotiations between conservative media figures and the gold IRA industry said revenue from the companies can amount to as much as 10 percent of total earnings for some personalities. The dealmakers spoke on the condition of anonymity to protect their business relationships; one said the biggest personalities stand to earn millions of dollars a year.
Hartford spokesman Steven Goldberg said it runs ads “where we believe it will create the most value.” Among the company’s chosen venues: a “prophetic” evangelical Christian email newsletter, two right-wing TV channels, and more than a dozen conservative radio shows and podcasts, including Giuliani’s and Cruz’s.
One of Hartford’s ads caught the attention of Ed DeSanto, 65, a semiretired Florida medical coder and an avid right-wing radio fan. He invested a $100,000 lump-sum payout from his pension in a Hartford IRA in 2019.
DeSanto said he doesn’t remember exactly where he heard the Hartford ad, but “if you listen to those radio shows, they play those commercials all the time.” He said he believed he was being careful: He picked Hartford because it scored well in a ranking of gold IRA companies he found online. (Such rankings often include disclosures noting that the authors are paid by the gold IRA companies.)
DeSanto’s $100,000 investment netted him just $53,000 worth of gold and silver, according to a Post analysis of his invoices – meaning the coins had been marked up 92 percent over the value of the metal. DeSanto blames himself.
“I did a little bit of research, but evidently not enough,” DeSanto said. “When I found the invoice, it was a big shock.”
In 2018 and 2019, another retiree, John Mathys of Illinois, claimed a Hartford salesman persuaded him to invest his $569,000 retirement savings by “bombarding him” with calls and emails for months, according to a federal lawsuit Mathys filed against Hartford in 2020. The lawsuit was sent to arbitration. Neither Mathys nor his lawyer responded to requests for comment.
Mathys, who was 83 at the time of the lawsuit, is one of three customers who sued Hartford in the past six years accusing the company of fraud. The other two lawsuits settled.
Hartford declined to comment on any of the cases. “We are fully transparent with our clients about the pricing of the products they purchase and the potential range of markup for those products,” Goldberg said in a statement, adding that the company operates “with a steadfast commitment to doing business legally and ethically.”
“We deny the allegation that we’ve misled or otherwise acted improperly,” Goldberg said.
In February and April, DeSanto sold back some of his gold coins to Hartford. Although gold prices had climbed an average of 32 percent since his 2019 purchase, he lost money on the sales, according to a Post analysis of his invoices.
The gold IRA industry’s ties to right-wing media date to the Great Recession, when the price of gold was rising rapidly and Fox commentator Glenn Beck was one of the most popular hosts on TV. Beck recorded ads for Goldline, a gold dealer that also offered IRAs, and interviewed its CEO on his show.
“We could be facing recession, depression or collapse. Nothing left!” Beck told viewers in 2009, urging them to rely on “God, Gold and Guns.” After segments promoting gold investments, Beck’s show would sometimes cut to commercials featuring gold sellers like Goldline, according to a 2010 congressional report.
The gold companies were loyal advertisers: After Beck claimed in 2009 that President Barack Obama was “racist” and had “a deep-seated hatred for White people or the White culture,” many big advertisers dropped his show. Gold sellers were among the few who stayed on, according to reporting at the time.
Goldline soon came under scrutiny, first in congressional hearings, then by Santa Monica, Calif., prosecutors, who charged the company with misdemeanor grand theft, elder theft and conspiracy in 2011. Though Goldline defended its business practices as fully transparent and never admitted wrongdoing, the company later agreed to pay up to $4.5 million to settle the charges.
Beck faded from prominence after departing Fox News in 2011 to start his own channel. He still endorses Goldline on the company’s website. Neither Beck nor Goldline executives responded to requests for comment.
The controversy sent Goldline employees scrambling for safer harbors. Some got jobs at Merit Financial, according to interviews and public records. Merit, whose offices were just a few blocks from Goldline’s in Santa Monica, also sold coins by phone and ran ads on Fox. (Merit’s former owner declined to comment publicly.)
In 2014, Santa Monica prosecutors accused Merit of “an aggressive, nationwide fraud scheme.” The company denied the allegations but went out of business and settled as the case approached trial.
Several Goldline and Merit salesmen then struck out on their own, founding many of the companies that exist today, according to staff lists and interviews with 21 current and former industry employees.
A former Merit salesman founded Augusta Precious Metals, which has been accused of defrauding its customers by Whitaker, its former CFO. Whitaker filed a whistleblower complaint to the Commodity Futures Trading Commission, which has not taken public action. Augusta has denied the allegations, and CEO Isaac Nuriani said in a statement that Whitaker “never had any visibility into Augusta’s business operations.”
Other former Goldline and Merit employees founded Metals.com, the founders said in depositions. That company recruited customers on Facebook, where it faked an endorsement from Fox News host Sean Hannity, a court filing by Georgia securities regulators alleged.
Facebook data reviewed by The Post shows that many Metals.com ads targeted people 59 or older. One 87-year-old customer received daily phone calls from a Metals.com broker who eventually flew to Alabama for a weekend to meet her, regulators alleged. She ultimately invested nearly $90,000, they said – most of which was lost.
The FBI raided Metals.com in 2020. A judge ordered the company shut down after 31 states and the CFTC filed suit, alleging a $185 million commodities fraud, as well as violations of rules about investment advice. Company founders have denied the allegations, saying their company “strived for transparency” and disclosed that it charged a premium. They have also said in court filings that they are under criminal investigation. Company executives did not respond to requests for comment submitted to their lawyer.
After Metals.com closed, some salesmen went to work at Safeguard Metals, according to one of the salesmen, who spoke on the condition of anonymity for fear of retaliation. In February 2022, the Securities and Exchange Commission, CFTC and 27 states sued that company, too. Safeguard recently settled the SEC’s case without admitting liability; the CFTC’s suit is still pending. Safeguard’s lawyers did not respond to a request for comment.
Lear Capital also hired several salesmen from Goldline’s ranks and bought Merit’s database of customers, according to court records and staff lists submitted to California regulators and obtained by The Post through public records requests. Williams, the Lear spokesperson, said “Merit’s liquidation was an opportunity to acquire a customer and prospect base to service and market to in the future” and that Lear performed background checks on everyone it hired.
Lear recently exited bankruptcy reorganization after resolving investigations from dozens of states. It remains in business.
Hartford’s CEO also worked at both Goldline and Merit before starting that company. Goldberg, the Hartford spokesman, declined to comment when asked whether the company was under investigation by state or federal regulators.
DeSanto said he has complained to both the Florida attorney general and the CFTC about his experience with Hartford. He said he spoke twice with CFTC investigators in 2020, but the agency has not taken public action.
In February, DeSanto also called Hartford to try to sell back his coins. He said he was flabbergasted to learn that the salesman who handled his purchase was still employed there. And he was shocked to find O’Reilly’s photo still featured on the company’s website.
“Everything is the same there,” DeSanto marveled. Of O’Reilly, he added: “I would think, for his reputation, he’d want to get away from a company like them.”
Kozlowska is a freelance writer based in New York. The Washington Post’s Sarah Ellison and Dan Morse contributed reporting. Raz Nakhlawi contributed research.
Florida’s insurance crisis isn’t about ‘woke.’ It’s about state leaders in a stupor | Opinion
The Miami Herald Editorial Board – July 24, 2023
Pedro Portal/pportal@miamiherald.com
Upon Farmers Insurance’s announcement that it was pulling out of Florida, Jimmy Patronis, the state’s chief financial officer went right to the heart of the state’s continuing insurance crisis: “The more we learn about Farmers Insurance, the more it’s clear its leadership doesn’t know what they’re doing. While they’re bad at helping people, they’re good at virtue signaling.”
As reported in the Herald, Patronis criticized what he called Farmers’ “ ‘sustainable insurance’ and aligning investments with its social values, like avoiding investing in polluters or companies that sexually or racially discriminate against employees.” The concept is called environmental, social and governance investing — ESG, for short — a political target for Republicans lately.
Basically, Patronis blames Farmers for doing business while incorporating a “woke” ideology, the go-to scapegoat these days, the convenient and facile argument in Gov. Ron DeSantis’ Florida.
We beg to differ.
Whether Farmers Insurance rightly values the principles of ESG is irrelevant here. What’s important is that 100,000 policies in Florida — auto, property — are going belly up.
The wrong excuse
It’s not that the company might be woke; it’s that state lawmakers and the governor were asleep at the wheel as other insurance companies fled Florida long before Farmers.
It’s that lawmakers have been in a stupor as Floridians cried out for relief from soaring property insurance rates.
It’s that those same elected leaders were single-minded zombies who protected insurance companies, not homeowners, during two special sessions.
And yet these are the same legislators who were filled with boundless energy when it came to carrying out Gov. DeSantis’ culture wars in his now-lackluster drive toward to the White House.
Now Patronis, not to be left out, is skirmishing with Farmers. When the Editorial Board asked his office what specifically the insurance company had done in the offending area of ESG, Deputy Chief Financial Officer Frank Collins III doubled down: “While Farmers Insurance is keeping their commitment to the United Nations, they’re dumping 100,000 Florida policyholders; too bad their affection for ESG standards couldn’t stop these Floridians from being dropped.”
Know what else is too bad? That this is Patronis’ politically lame attempt to distract Floridians from the fact that 13 companies have gone insolvent in Florida. Others have stopped writing policies in the state, sending property owners’ premiums soaring into the stratosphere and leaving Citizens as the insurer of last resort for so many property owners. Tim Cerio, Citizens president and CEO, has predicted that the number of policies to reach 1.5 million by the end of the year.
Launch a probe?
And while he was denigrating Farmers, Patronis added he planned to look into complaints against the company, which could trigger a market investigation and — perhaps — fines and fees. This, of course, sounds like a retaliatory move in the same vein as our thin-skinned governor’s costly fight against Disney.
If there truly is something for Patronis to investigate, why did he wait until now to actually do his job? As CFO, the state’s so-called “business manager,” he oversees insurance and consumer services, responding to Floridians on finance-related queries, especially complaints about insurance fraud and related matters.
Interestingly, he found the time this month to tout the launch a new online site: “This morning, we deployed the Florida IRS Transparency Portal where Floridians can submit complaints about individual IRS agents,” Patronis announced on July 13. “We will take this information to look for patterns on how the IRS is targeting Floridians, which will help us craft laws to protect our businesses. We also want to provide the public with a tool where they can report harassment by the IRS.”
His curious use of the militaristic word “deploy” aside, we, too, don’t believe individuals and entities should be targeted by the IRS, especially for their political beliefs, and hope that Floridians across the political spectrum will have equal access to his concern.
But while Patronis is protecting Floridians from the tax collector, he’s among the many state leaders who have left us exposed and vulnerable to the state’s insurance crisis.
Resisting the urge to find small positives in the generally horrible.
By Neil Steinberg – July 23, 2023
A cat watches as Chicago police investigate inside an apartment in the 7700 block of South Carpenter Street after an officer shot and killed a man while answering a call of a domestic disturbance in the Gresham building on the South Side, Monday, Oct. 4, 2021.
What is it about stupid people anyway?
You can believe the most god-awful nonsense — factually incorrect, self-flattering, steaming kettles of BS — and parade that stupidity around to the delight of your fellow idiots, cheering and high-fiving one another at big rallies, celebrations of toxic dumbness.
Yet let somebody point it out, let them cough into their fist and mutter, “You’re stupid,” and suddenly the stupid fall to the ground, clutching themselves, declaring their injury to heaven.
It’s so … for want of a better word … stupid. How can some people get upset if you call themstupid when they’re perfectly happy being stupid? It’s a mystery.
Say your house were on fire — a situation even more dire than being stupid. And I say, “Your house is on fire,” causing you to collapse in a heap and declare yourself insulted, insisting that your house — obviously ablaze before us, thick black smoke pulsing out of the windows — is fine and how dare I suggest otherwise? Rude!
Who does that? Stupid people, I suppose.
I haven’t written much about Florida Gov. Ron DeSantis, honestly, because I still suspect he’s some kind of a sham — a performance art piece perhaps — designed to make Donald Trump look good, between his daft war on Disney and his imbecilic assault on history.
Maybe you haven’t heard. In its constant quest to make white people feel better, the state of Florida’s No. 1 priority, apparently, is downplaying race when teaching American history.
Florida’s new curriculum, unsatisfied with presenting racism as a dusty relic of the 19th century, is taking the next step and redefining America’s original sin, slavery, as something akin to high school shop class.
“Slaves developed skills, which, in some instances, could be applied for their personal benefit,” the curriculum notes.
Now, it is one thing to suggest that historic wrongs can have positive consequences. Polish anti-Semitism a hundred years ago was bad, but it drove my grandfather to Cleveland before the real butchery began. Which was good. For him.
But to focus on that scrap of positivity while denying the bulk of the horror is just … stupid. It’s like celebrating that Anne Frank got a best-selling book out of hiding from the Nazis while ignoring that she died in Bergen-Belsen.
Yet there was DeSantis on Friday, doubling down — the go-to move for the stupid since they can’t reevaluate — and supporting the new curriculum.
“They’re probably going to show that some of the folks that eventually parlayed, you know, being a blacksmith into doing things later in life,” DeSantis said.
And they give out free pudding in the Burn Center at Loyola. But were I to tuck a line in a burn story — “Burn patients enjoy free pudding, to their personal benefit, since pudding is delicious” — my editor would ask me to rethink that.
Then again, I’m a professional communicator and snug among — I hope — the non-stupid. We consider our audience.
Let me end with a true story. A photographer mentioned what she calls “crime scene kitties.” Her job takes her to crime scenes, where cats often appear. We got into a discussion of why the kitties are there — drawn by commotion? The cats I know would flee instead. Maybe cats are everywhere but, when standing around crime scenes for hours, she notices them.
“That could be a story!” I said.
Then I did a trick the stupid seldom attempt: I thought about it. I don’t write a lot of crime stories. To swoop into a tragic problem plaguing Chicago — people being murdered — and focus on the cats that wander over, there’s something grotesque about that. Something trivial. Something insulting, to victims and families. I did that empathy thing liberals are so good at, considering people other than myself, and reluctantly concluded: no crime scene kitties story.
That’s why Ron DeSantis should never be president. Because his campaign strategy — appeal to people threatened by anyone not exactly like themselves, people who can’t recognize the racism both in America’s past and in their own hearts right this flippin’ second — is stupid, if effective. We don’t want that guy. As if to underscore the difference, on Saturday the White House announced the creation of national monuments to Emmett Till. Till’s story is jarring and terrible — that photo of him in the casket. And essential and true and American. How could you ponder a history that didn’t include it?
