The For-Profit Presidency, Month One

THE POLITICS BUSINESS--One month into the Trump administration, and it’s clear that there has been a wholesale corporate takeover of the government. (Photo above: President Donald Trump meets with pharmaceutical CEOs in late January.)

A day-by-day review of the administration’s first month shows that virtually every day there has been a new, extraordinary grant of power to corporate interests and/or another development in Donald Trump’s get-rich-quick-scheme known as the American presidency.

America has never seen anything like this, and it’s only the first month.

Poorly attended though it might have been, the inauguration itself was a paean not just to the new president but to his corporate backers. Corporations that have pending business before the president -- AT&T, Bank of America, Boeing, Chevron, Deloitte, JPMorgan Chase and United Parcel Service – were among the top funders of the inauguration and surrounding festivities. We still do not know the full list of donors to the inauguration.

New President Trump signaled his intent to deliver on the corporate wish list by signing two executive orders, one designed to start the process of destroying the Affordable Care Act and another freezing all regulatory activity for 90 days. The regulatory freeze included public protections already finalized but not yet published in the Federal Register. One such rule would protect the public from five tons of mercury discharges every year. 

It’s been downhill since then.

President Trump has assembled what is probably the least qualified and certainly most corporate cabinet of all time. Although the unqualified and hostile-to-his-agency nominee for Secretary of Labor Andy Puzder was forced to withdraw, the rest of Trump’s corporate cabinet has been or seems likely to be approved. By way of reminder, this list includes: [[ http://corporatecabinet.org/   ]]

  • The former CEO of Exxon Mobil, Rex Tillerson, remarkably now the Secretary of State, despite virtually no qualifications for the job and a lifetime career leading the corporation that has done more to impede action to address catastrophic climate change than any other. 
  • A slew of former Goldman Sachs executives – hailing from the Wall Street giant that Candidate Trump attacked by name as embodying corporate-government corruption, including Treasury Secretary Steven Mnuchin, chief strategist and white supremacist Steve Bannon, and chief economic advisor Gary Cohn. Reports The Independent: “Its shares have been Wall Street’s leading performers and hit a ten-year high close on Tuesday as investors banked on friendly policies coming from a White House filled with several former Goldman employees.” 
  • Tom Price, the new Secretary of Health and Human Services, who has engaged in dubious pharmaceutical stock trades while a Member of the House of Representatives. Price wants not only to dismantle the Affordable Care Act, but Medicare itself. He refuses to say that every American has a right to health care, only that they have a right to “access” to health care – which means they should get it if they can pay for it. Pay or Die. 
  • Betsy DeVos, the megafunder of the Republican Party, who made herself the butt of countless late night jokes with her pathetic confirmation hearing performance and claim that schools need guns to fend off grizzly bears. DeVos is a supporter of privatizing public schools, and has herself invested in for-profit school ventures in the past.

Having a corporate cabinet has apparently not satisfied Trump’s yen to hang out with the corporate elite. Trump started his first full weekday in office with a breakfast meeting with CEOs of a dozen corporations including Arconic, Corning, Dell, Dow Chemical Company, Ford Motor Company, International Paper, Johnson & Johnson, Lockheed Martin, SpaceX, UnderArmour and U.S. Steel. Later in his first month, he would meet with: auto company executives (environmental regulations are “out of control,” Trump said);  Big Pharma CEOs (75 to 80 percent of FDA regs should be cut, Trump said);  his Wall Street-dominated Strategic and Policy Forum, made up of a dozen-and-a-half corporate executives;  and airline CEOs (where Trump supports privatizing air traffic control).

It’s not just meetings and personnel. The Trump administration is off to a roaring start on delivering the goodies to Big Business.

It has taken care of its Dirty Energy friends. By Executive Order, Trump overturned Obama measures to block the Keystone and Dakota Access Pipelines. A few days later, the Army Corps of Engineers granted Energy Transfer Partners the final permit it needs to complete the Dakota Access Pipeline. It has also put in place measures of other pipelines and fossil fuel projects, and is expected in the coming days to announce measures to upend the Environmental Protection Agency.

It is taking care of its Wall Street friends. Trump has signed executive orders aimed at unraveling and repealing an Obama administration Labor Department rule requiring financial advisors to give advice based on their customers’ best interests. The Labor Department rule, if adopted, will save consumers $17 billion a year in rip-off fees and bad advice. Contemplated changes in Dodd-Frank rules, the Wall Street Journal reports , will enable the six biggest banks to return $100 billion of reserves to shareholders. A staggering gift to the shareholders – at the cost of making the financial system far, far more unstable, insecure and prone to another 2008-style meltdown.

The interim chair of the Securities and Exchange Commission has even launched a review of the congressionally required pay-ratio rule – which will require companies to disclose the ratio of pay received by CEOs and their median worker wage – an important but mechanical reporting requirement that Fortune 500 companies have nonetheless claimed will cost them a staggering amount of money.

And the administration has commenced its full-fledged assault on health, safety, environmental, worker, consumer, financial security, civil rights and other regulatory protections. It has issued an executive order that aims to block the issuance of any such measures. The regulatory executive order directs federal agencies to repeal two federal regulations for every new rule they issue, and requires that any cost to industry of new rules be offset by savings from repealed rules. In this crazy scheme, regulators are not permitted to consider the benefits of rules. No one thinking sensibly about how to set rules for health, safety, the environment and the economy would ever adopt this approach – unless their only goal was to confer enormous benefits on Big Business. That is indeed the goal here.

(With the Natural Resources Defense Council and Communication Workers of America, Public Citizen has sued President Trump and the administration to have this executive order overturned.) 

Meanwhile, Congress has been hard at work serving the interests of Corporate America, as well. Congressional Republicans are prioritizing a series to repeal regulations issued in the last six months of the Obama administration. With many more to come, two such measures have passed both houses and been signed into law. The most recent was a rule to protect streams from coal waste. The first, amazingly, was an anti-corruption measure that required oil, gas and mining companies to report their payments to foreign governments – a measure that now-Secretary of State Rex Tillerson lobbied against.

It makes poetic sense that Trump has gleefully signed the repeal of an anti-corruption measure. For accompanying Trump’s gift-giving spree to Corporate America has been an astounding series of actions making clear that his pervasive and consequential conflicts of interest will immerse the administration in a permanent miasma of corruption: the Nordstrom tweet, the new $200,000 fee to join Mar-a-Lago, the ongoing financial updates to President Trump on the Trump business, the Kellyanne Conway advertisement for the Ivanka Trump line of clothing, the apparent plans to massively expand Trump hotels in the United States, the conduct of presidential business at Mar-a-Lago, and on and on.

And on and on.

(Robert Weissman is the president of Public Citizen. Weissman was formerly director of Essential Action, editor of Multinational Monitor, a magazine that tracks corporate actions worldwide, and a public interest attorney at the Center for Study of Responsive Law. He was a leader in organizing the 2000 IMF and World Bank protests in D.C. and helped make HIV drugs available to the developing world. This piece was cross-posted originally at Common Dreams and Daily Kos

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President's Day Conundrum: Everything We Thought We Knew Is False ... Or Is It?

ALPERN AT LARGE-You know the drill -- new century, new millennium, new era, etc. We're supposed to be open-minded, but those claiming to be enlightened are often the most closed-minded. We have the "fake news", but many decrying the "fake news" are responsible for that "fake news”. To make matters worse, we're divided as a society, yet those decrying that division are too often the ones responsible for that division. 

So how do we proceed? First off, we accept that things are complicated -- and trying to oversimplify things makes things inevitably worse. Second, we stop trying to create or promote pure heroes and pure villains -- they rarely exist, but by and large, they do not

Example #1:  Roe vs. Wade (yep, we're goin' there!) 

Norma McCorvey, the "Jane Roe" of the Supreme Court case Roe v. Wade that legalized abortion, just died. Bulletin to all: she fought for the rights of women to have legalized abortion for much of her life...then converted to Christianity and devoted the rest of her life to protecting the lives of the unborn and undoing Roe v. Wade

Was she pro-choice? Was she pro-life? Aren't the choices of women reduced when they have an unwanted child? Does the unborn child have any rights to live when they are aborted? What choices do women have when they have an unwanted pregnancy? What choices does a healthy fetus have in its second to third trimester when it could live in an incubator but his/her mother wants to abort? 

Is a first trimester abortion the same as a third trimester abortion? Is a second trimester abortion of a just-diagnosed deformed child the same as that of a healthy child? What about the need to have birth control over-the-counter just as we have "Plan B"? Why aren’t all teenagers and all adult women aware of "Plan B"? And what is the responsibility of women versus that of men? 

Is it still true that minority and even white babies won't be adopted if they're unwanted by their mothers? Or is that paradigm as "fake" as ever in our modern blended-family reality? And why aren't men educated to practice their own contraception and take their own responsibility when it comes to sex? 

Lots of questions, but here's an answer:  the rights and responsibilities of all parties must be promoted and weighed against each other...and those bandying around the "pro-life" and "pro-choice" monikers are the real problem. Stop dividing us -- most of us recognize the need to avoid oversimplifying this just to make political points. 

Example #2: Immigration and Assimilation (yep, we're goin' there, too!) 

The false canards, fake news, and conflation exist on this hot button issue as much as any. More Latinos (or Hispanics, if you prefer) are up in arms about our new President than about any other past president, yet more Latinos/Hispanics voted for Trump than for Mitt Romney four years ago. 

Like the rest of us, Latinos/Hispanics are being made to choose. Of course, this unleashes (as with abortion) more questions than answers: Why are illegal immigrants being conflated and lumped in with legal immigrants? When did all immigrants get lumped together, and do they all consider each other as one united group (now that we just had a "day without immigrants")? 

What makes an immigrant an "alien"? Is it the refusal of an immigrant to blend in and assimilate with the rest of American culture and the common language (English) with which we all communicate? Is it appropriate to distinguish between a "criminal alien" and an "illegal alien", and where should that delineation occur? 

Why is it Spanish-speaking immigrants, and particularly Mexican immigrants (and almost never Asian or Filipino immigrants,) almost always insist on not speaking even broken English when in the company of those who don't speak their language...even if they are fairly fluent in English? Do they not know that those only speaking English are concerned about what is being said in Spanish?  

Do immigrants, illegal or otherwise, recognize that when they choose not to even try to speak English they are also refusing to talk to Asian and Black and Latino Americans, as well as white Americans, who don't speak Spanish? It's clearly advantageous for native-born Americans to learn Spanish or Mandarin or Japanese, but why is the crisis so emphasized when it involves individuals who identify with Mexico as opposed to other Latin American or Asian nations?   

Why do so many Mexican illegal immigrants identify with Mexico yet often prefer detention and the courts to deportation in order to stay in our country? What do we owe immigrants, and what do they owe us? And when did immigrants, both legal and illegal, lose the requirement to have sponsors for their health, education, and welfare? Yet another key question: is the strength of our nation that of "the melting pot" or our "diversity"? 

One thing is for certain: the "great divide" over the rights and responsibilities of native-born and foreign-born residents of our nation is coming to a boiling point after our last two Presidents failed to achieve a unifying answer to our nation's immigration policies – and now that we have the election of Donald J. Trump as our 45th president. 

Example #3:  Speaking of President Donald J. Trump (aaaaand we're goin' there, to boot!) 

It's President's Day and there are many who are perpetually enraged, appalled, bewildered, and gobsmacked that we have an iconoclastic, mega-tweeting billionaire president who led a populist rebellion meant to "stick it to both political parties.” After eight years of our nation's first black president overseeing a worsening in the lives and prosperity of black Americans, and with black children and young adults routinely killed in "liberal, Democratic" Chicago, we now have a man who has said openly misogynistic things yet has a strong segment of female Americans behind him. 

Everything is upside-down -- for every female and minority American who opposes Trump, there are many who support him. And the oft-mentioned “unwillingness to accept” our first black president appears to be repeating itself in the unwillingness of many to accept Donald J. Trump as Barack H. Obama's successor. 

Hollywood now appears to represent the elites, while billionaire Trump purportedly assumes the mantle of representing the common man (wasn't that Barack Obama's claim to fame, though?) The literary elites like Stephen King and J.K. Rowling appear apoplectic about Trump's election, while liberal Piers Morgan now feuds with J.K. Rowling. And for those who claim Trump is another Lord Voldemort, isn't is more like Mad-Eye Moody than Voldemort, based on his style and bluster, in contrast to what my literary role model Ms. Joanne K. Rowling has stated? 

Meanwhile, alt-right figurehead Milo Yiannopoulos surprisingly finds much common ground with liberal iconoclast Bill Maher to the disparagement of so many. Is Yiannopoulos right when he says that tolerance and free speech are conservative principles, and not liberal principles like they once were? Based on his experience at Berkeley and other college campuses, it's worth a gander because Political Correctness is emerging as a new Groupthink of our era. 

Finally, nowadays, what is "liberal" or "conservative” anyway? Isn't "liberal" supposed to be synonymous with "open-mindedness"? Are today's liberals truly open-minded or are they "old-fashioned" because they've been growing in power since the 1960's? 

Is it among conservatives or liberals where open debate and tolerance of other points of view are most likely to occur? Will conservatism appeal to young Americans in ways we don't see in older citizens? After all, when liberal Democrat Dennis Kucinich supports President Trump's concerns about the over-empowered governmental bureaucracies of the "Deep State", then things are truly upside down. 

Everything we once took for granted is false, or so it seems. 

But on this President's Day Weekend, where we honor those who served our nation as its leaders, it is incumbent upon us all to ask ourselves: were things always this complicated…or is it only now that we're finally confronting just how complicated things have always been? 

(Kenneth S. Alpern, M.D. is a dermatologist who has served in clinics in Los Angeles, Orange, and Riverside Counties. He is also a Westside Village Zone Director and Board member of the Mar Vista Community Council (MVCC), previously co-chaired its Planning and Outreach Committees, and currently is Co-Chair of its MVCC Transportation/Infrastructure Committee. He is co-chair of the CD11 Transportation Advisory Committee and chairs the nonprofit Transit Coalition, and can be reached at [email protected]. He also co-chairs the grassroots Friends of the Green Line at www.fogl.us. The views expressed in this article are solely those of Dr. Alpern.) Edited for CityWatch by Linda Abrams.

Stunning New Survey: Reality of President Trump Is Stressing Out Americans ... Big League

ANXIETY CENTRTAL--Americans have been taking to the streets in record numbers since the inauguration of President Donald Trump, but amid that uptick in resistance something else has been rising within the U.S. electorate: personal anxiety and stress caused by the nation's new political reality. (Photo above: White House press secretary Sean Spicer.)

According to a new survey by the American Psychological Association (APA), 66 percent of respondents report feeling increasingly stressed out by the current political climate and prospects for the nation's future.

The APA findings—contained in their Stress In America: Coping With Change (pdf) report—reveal that 57 percent of those surveyed said that politics have become either a "very" or "somewhat" significant source of anxiety in their lives. Meanwhile, 49 percent of those questioned said the outcome of the 2016 election, in which Trump was elected president and the Republican Party kept control of both the House and Senate, has become a specific source of new stress.

On these questions, the divide unsurprisingly broke along partisan and ideological lines. "While Democrats were more likely than Republicans (72 percent vs. 26  percent) to report the outcome of the 2016 presidential election as a significant source of stress, a majority of Republicans (59 percent) said the  future of our nation was a significant source of stress for them, compared to  76 percent of Democrats," the report notes.

Vaile Wright, a licensed psychologist and member of APA's Stress in America team, speaking with the Washington Post, admitted the severity of the findings caught her off guard.

"The fact that two-thirds of Americans are saying the future of the nation is causing them stress, it is a startling number," Wright told the Post. "It seems to suggest that what people thought would happen, that there would be relief [after the election] did not occur, and instead since the election, stress has increased. And not only did overall stress increase, what we found in January is the highest significant increase in stress in 10 years. That's stunning."

Prior to its 2016 poll, the APA explained, "top stressors for the American population remained steady, with Americans being most likely to report money, work, and the economy as very or somewhat significant sources of stress in their lives."

However, as the election took center stage in the spring of 2016, APA's member psychologists began reporting that their patients were increasingly  concerned and anxious about the political climate. It was this trend that spurred the group to make specific inquiries about how national politics were impacting stress levels for Americans.

While the group conducted surveys and collected data last year during the campaign and after the election, it was a new round of questions posed to Americans last month, subsequent to Trump's taking office, that fueled the latest findings.

"From the appointees to the executive orders to the laws that have just been proposed ... it's hard for me to see a bright future for my family, which in turn causes me a great amount of stress," Bryanna Zoltowski, a 40-year-old mother of two from Macomb Township in Michigan told the Detroit Free Press.

"I'm afraid," Zoltowski said. "I really am afraid. I'm scared for the future of my kids."

Are you feeling stressed? Earlier this month, the Huffington Post reported on 10 things therapists and psychologists recommend when it comes to de-stressing around politics. 

(Jon Queally writes for Common Dreams … where this report was first posted.)

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Jeff Sessions Takes Over DOJ … Say Goodbye to Police Reform

OTHER WORDS-In July 2016, then-Attorney General Loretta Lynch committed the Department of Justice to investigating the shooting of Alton Sterling, a black man who was murdered by police outside a convenience store in Baton Rouge. 

The move represented the deepening of a tangible (if tenuous) relationship between the Department of Justice and the Black Lives Matter movement, which gained national prominence in 2014 after the police shooting of Eric Garner.  

Until this year, civil rights advocates and critics of police violence had allies in both the Department of Justice and the White House — one of whom was President Obama himself. 

At a minimum, these allies were sympathetic to the fight for racial justice. Not infrequently, they were willing to expend their institutional resources to secure it. The fruits of this relationship included a series of damning reports on police misconduct from Ferguson, Missouri to Cleveland, Chicago, San Francisco, and Baltimore. 

In the age of Trump, that alliance has come to an end. In the false dichotomy between holding police accountable and advocating for communities of color, Trump has made it clear that his administration will come down on the side of the police. 

Under Trump, the official White House website now ridicules the movement for police accountability as an effort to “to make life more comfortable for the rioter, the looter, or the violent disrupter.” In the Trump administration’s version of the world, protesters are disorderly agitators whose demands for justice only interfere with the work of good men and women in blue. 

If law enforcement has found a new friend in Trump, it’s consistently had one in Jeff Sessions, the Alabama senator just confirmed as attorney general — during Black History Month, no less.

As a senator, Sessions published an opinion on consent decrees, which are agreements local departments make with Washington to reform policing practices that violate their citizens’ rights. Sessions called those deals “dangerous.” 

In 2015, Sessions participated in a Senate hearing provocatively titled “The War on Police,” during which he lambasted the Obama administration’s aggressive investigations into police misconduct. He called those actions evidence of “an agenda that’s been a troubling issue for a number of years.” 

During his confirmation hearings, Sessions again reiterated his disdain for consent decrees, claiming that they “undermine respect for our police officers” and testifying that he might be interested in doing away with them altogether. 

Nor has Sessions ever bothered to hide his disdain for civil rights activists. At the same 2015 hearing, Sessions chastised, “I do think it’s a real problem when we have Black Lives Matter making statements that are really radical, that are absolutely false.” 

Trump’s censure of the movement has been even more provocative. After lamenting the murders of Philando Castile and Alton Sterling as “terrible” in the summer of 2016, Trump quickly changed his tune. He condemned police reform advocates for “dividing the country” and blamed them for the murders of two police officers in Baton Rouge. 

Candidate Trump went so far as to claim that he’d charge his attorney general with leading an investigation into the Black Lives Matter movement — an assignment that Sessions, by the looks of things, would enthusiastically accept. 

There will be more police shootings of black men in the future. There will be more protests that call for justice for these victims. But with a Department of Justice led by Jeff Sessions, people who want justice will be on their own.

 

(Ebony Slaughter-Johnson is a freelance writer whose work covers history, race, and the criminalization of poverty. Provided to CityWatch by OtherWords.org.)  Prepped for CityWatch by Linda Abrams.

Why American Internet Should Be a Public Utility

NEW ATTACKS COMING ON YOUR INTERNET--Back in June, when the insanity of the election and the chaos to follow was simply a glistening bomb lingering on the horizon, the United States Court of Appeals in the D.C. Circuit made a huge decision regarding the future of how America looks at the Internet. In the decision, the court upheld the Federal Communications Commission’s rules over net neutrality, which require Internet service providers (ISPs) to treat all traffic equally.

At the very least, it kept the lid tight on the can of worms that would allow ISPs to offer preferential treatment (read: faster load times, more bandwidth for video streaming) to websites that chose to pay whatever money the ISPs wanted, deregulating the Web into a purely capitalistic experiment that also, weirdly, gave the power to the near-monopolistic gatekeepers. It would probably have been really bad.

But more than the specifics, the case moved the needle in the minds of those considering how the Internet should act. Should the Web be a battle of private enterprises butting up against one another to, theoretically at least, provide consumers with the fastest, most reliable, most affordable service? Or should it be thought of as a public utility, something like electricity or sewage, owned by singular communities?

The biggest argument for keeping the Internet as it currently exists is that its “free market” incentivizes innovators to invent new products. The other pathway would lead toward a bureaucratic mess that takes over any public institution. But the failure with this line of thinking is that the Internet marketplace was never really a free market. Most of this has to do with its history.

At first, the Internet was a dial-up service, in which computers talked to one another by piggybacking onto the pre-existing copper wires of telephonic infrastructure that was already in place throughout America. As such, this Internet was essentially just a visual version of a phone system: It was slow and unwieldy, sure, but it also could be turned off and on as you would a phone call. When broadband Internet came around — in the form of either cable or DSL — the entire concept of the Internet suddenly shifted from a portal into a 24/7 link into this other world.

The Internet marketplace was never really a free market.

Since the demands of this connection far outpaced what dial-up wires would allow, this development necessitated a whole new infrastructure. Luckily, one was already in place: cable television.

In the eight years following the Telecommunications Act of 1996, cable companies spent upwards of $65 billion laying down additional broadband networks that were able to “provide multichannel video, two-way voice, high-speed Internet access, and high definition and advanced digital video services all on a single wire into the home.” And because of this initial investment in infrastructure, the cable companies have had close to full control.

The market, therefore, was never really free, as much as those who succeeded were able to do so because they had an initial leg up. As a result, only a few massive companies have been able to compete with one another, and a majority of those competitions have ended in a kind of stalemate where they just end up carving up the marketplace block by block, or building by building, and forcing the residents to either choose their service or choose nothing.

Maybe your own place isn’t like that. Maybe you have multiple choices when it comes to deciding where you want your Internet from. If so, that puts you in the minority. According to a 2015 report by the American Consumer Satisfaction Index, 61 percent of U.S. households have either one or zero choices when it comes to high-speed broadband providers in their area.

But this kind of thing already happened in American history a little over a century ago with this newfangled thing called electricity. As Susan Crawford writes in her book Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age:

[P]rivate electrical companies consolidated, wielded enormous influence in state and national legislatures, cherry-picked their markets, and mounted huge campaigns against publicly owned electrical utilities, calling them “un-American.” At the beginning of the twentieth century, private power companies electrified only the most lucrative population centers and ignored most of America, particularly rural America. Predictably, the private utilities claimed that public ownership of electrical utilities was “costly and dangerous” and “always a failure.

This practice ended in the middle of the 20th century, when electricity was soon considered a “natural monopoly,” meaning that the high barrier of cost of entry — you can’t just pool together money and construct a power plant and transmission wires — meant that it didn’t make sense for competitors to invest money in this business. Other examples like public water and garbage collection work the same way. One publicly owned company is good enough for each district to handle its own business; there are hundreds of electric utility companies in the U.S., each servicing a relatively small chunk of the country.

Many would argue this is the direction American Internet should head.

As it stands, there is not only no incentive for the cable companies to not only expand far beyond the metropolitan areas where there are residences — it doesn’t make fiscal sense to go much further, which is why 43 percent of rural California residents have no broadband access— but there’s no real incentive for them to even innovate their products to provide better service for their existing customers. They’re getting their $50–80 a month for their substandard service anyway, as the only other choice is cutting the cord entirely. 

Perhaps the dissonance is one of first impressions. When the Internet was introduced, it was a strange portal into a hidden “other” world. There was an entry point — PC computer screen, dial-up modem — so there was a division between being online and off. That has completely changed, not least because of the smartphone. Now, if you don’t have the Internet at home, you miss out on connecting with peers and culture, sure, but also the ability to bank, work, or do homework.

In the 20 years since the Telecommunications Act of 1996, the Internet has gone from optional to obligatory. It is now a part of the world. It only makes sense to change the way it’s delivered.

(Rick Paulas writes for Pacific Standard Magazine … where this report was first posted.)

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The Real Reason Carl’s Jr. CEO and Trump’s Labor Nominee Ran for Cover

CAPITAL & MAIN REPORT--Andrew Puzder (photo above), whose nomination by President Donald Trump to head the Department of Labor ignited heated controversy even against a field crowded with contentious cabinet picks, withdrew his name from consideration Wednesday afternoon. Puzder, the CEO of CKE Restaurants, the corporation that owns Carl’s Jr. and Hardee’s diners, was the target of growing criticism amid charges he and his company had a history of shortchanging store workers and managers of wages and promotions, as well as discriminating against women and minority employees.

Puzder was the subject of a six-week series of investigative stories by Capital & Main, which was widely cited in other media outlets as well as in Senator Elizabeth Warren’s February 13 letter to Puzder. Our team of reporters found a widespread pattern of alleged employee abuse at CKE Restaurants, which has been named in dozens of civil suits and federal complaints. The public record of these court cases, alongside our interviews conducted with current and past employees, reveal a male-dominated culture extending from CKE’s highest executive ranks to franchise store kitchens — and a company that seems to operate with impunity and a special contempt for employees who are seen as weak or a burden on the company.

Focusing on Puzder’s more than 16 years as CEO of CKE, our stories uncovered the following: 

  • Seventy-eight employment discrimination cases filed in federal court alone, more than any other large U.S. hamburger chain on a per-revenue basis. 
  • Six Equal Employment Opportunity Commission cases filed against CKE and its restaurants, far more than any other large burger chain on a per-revenue basis, with the exception of Sonic Drive-In. The EEOC only takes on the most serious of discrimination cases. 
  • Twenty-seven cases, representing 41 people, filed in California state courts against CKE directly, alleging wrongful termination or discrimination in the company’s decision to fire employees. Of these cases, 20 of the employees involved worked at the store level, 12 of the employees involved worked at the corporate level, and 10 cannot be undetermined. 

These cases show a similar pattern of workers being targeted for termination and harassment, including: workers who get sick or take medical leave, including maternity leave; workers who go to human resources offices for help with sexual harassment, discrimination or safety violations; and workers who are older and have worked their way up to a higher salary. (These legal complaints do not include the many cases that deal with wage and hour violations.) 

  • Twenty-two complaints filed with the California Department of Fair Employment and Housing alleging discrimination at CKE or its franchisees. 
  • One lawsuit filed in California at the executive level of management describing behavior by Puzder and his executive team that was discriminatory and sexually inappropriate. The lawsuit alleges the kind of sexual harassment that was reported in recent interviews collected by the Restaurant Opportunities Center with workers in Hardee’s and Carl’s Jr. restaurants. It depicts a culture in which women are demeaned, sexual impropriety is tolerated and those who complain are punished. 
  • Nine interviews with former or current workers, most describing the same working conditions alleged in the lawsuits — an environment where employees have no security, where discrimination is persistent and where anything seen as making a worker inconvenient or too expensive is grounds for termination. Two workers had positive things to say about the work environment. 
  • A practice at some locations of paying employees with fee-based debit cards, resulting in sub-minimum wages. This practice was found by the Department of Labor to violate minimum wage laws in a 2014 case involving Hardee’s. 
  • A refusal to take responsibility for labor violations at franchised locations. The basis for this position is the assertion that the company does not exercise control over the behavior of franchisees – despite the fact that CKE requires franchisees to sign a highly detailed agreement stipulating a wide range of conditions. That same agreement exempts CKE from any responsibility for compliance with labor laws.

(This analysis was posted first at Capital and Main.) 

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The New Flip-Flopper-in-Chief

GELFAND’S WORLD--When presidential candidate John Kerry famously said, "First I voted for it, then I voted against it," the Republicans grabbed the quote and ran with it. The term flip-flop became embedded in our language to imply a particularly unacceptable form of political action. With the current president, the verbal flip-flop is a way of life. 

One evening this week, the Trump administration announced that General Michael Flynn had resigned as National Security Advisor because of a problem of trust. (By that point, the whole world had been told that Flynn had openly lied to the Vice President.) In an amount of time approximating the interval required to cool your soup, the president turned around and blamed Flynn's political demise on the press. They treated him unfairly, etc. etc. said Trump. 

Trump makes Richard Nixon look like a professor of logic. 

Did Michael Flynn freelance, going out on his own to create a back channel with the Russian government, or was he doing Trump's bidding all along? Is it just happenstance that so many of Trump's inner circle have had close ties -- paid work, in other words -- with Putin's government? Anyone remember Paul Manafort? 

So which is it? Was Trump in the loop or not? I don't think this is a really difficult question. 

There is a growing movement within the center and the moderate left to push for continuing investigations of the ties between Trump and the Russians, although some of it is couched as calls for investigations of Flynn while some is more direct. What's interesting is that some solid conservatives are curious enough to be speaking out, John McCain among others. Perhaps this is one way for McCain to do a little getting even with the man who insulted him so profoundly. Or perhaps McCain is just doing what he sees as his patriotic duty. 

Whichever way it is for McCain and the other few (as yet) Republicans in congress who will push the question, it is inevitable that the subject will be kept alive by opinion leaders including the news media. We can expect the same from presumptive candidates for office and pretty much from every living Democrat. If you see a Democrat who is not already complaining, check to see if there is a pulse. 

The Trump administration will continue doing its best to cover things up, but the first month shows how difficult that is going to be. The fact that Flynn's phone conversation with the Russian ambassador has become public knowledge was, not to put it too dramatically, just the beginning. Did Trump know about Flynn's conduct or not? It's pretty much that simple. A prediction: It will eventually come out that Trump knew about Flynn's activities, and things will accumulate from there. 

If you'd like a fairly comprehensive view of the links between Trump and the Russians, take a look at Steven Harper's chronicle posted on Bill Moyers' site.  

Thinking about things other than politics 

I like to write about local theater companies in the harbor area. One of the best was known as the Theatrum Elysium. They moved out of their 7th Street quarters last year and more or less fell off the radar. Except that they didn't, at least to local movers and shakers. The original company is now resurrected as the Elysium Conservatory Theatre, and it is enjoying glorious new digs in the space that used to be Ante's Restaurant, once a legendary San Pedro center for conversation, drinks, and mostaccioli. Now the old restaurant space holds a newly enlarged company of actors, both youngsters and seasoned veterans. 

Company director Aaron Ganz likes to lead with Shakespearean heavyweights. The previous 7th Street location opened with Hamlet. This year's season leads off with Romeo and Juliet on March 31. 

I'm treating this as a story about the creation of art by an organization through its newly enabled recreation of itself as an artistic fount. 

So what's new with the ECT? In other words, what's in store for Romeo and Juliet that hasn't been done a thousand times before? And we might even ask, why is it necessary to do anything different when the original is a pillar of western culture? 

I can't argue that there should be anything new or novel -- or that there shouldn't be. Shakespeare has been performed by companies that transform the era, the venue, the surroundings, or all of the above, and it generally has not been a hindrance as long as the language is preserved. Shakespeare is also performed in its original trappings to wondrous effect. 

So what is the deal with a new Romeo and Juliet that may be worth a trip down the Harbor Freeway? Aaron has some ideas of his own that are worth pondering. His theatrical style has been expanding to the exploration of the use of choral voices along with dance to interpret and communicate the undertones of the great works. The idea isn't all that new actually, going back at least as far as the ancient Greeks. But it's rewarding to watch the development of a new score to accompany something like Romeo and Juliet. 

This is, in fact, operatic, as Aaron himself comments. In opera (and for the last century, in film) the musical score accentuates what is happening inside of the characters' heads, sometimes communicating an inner emotion when the character's outward expression is more controlled. You might say that the actor's voice and the musical score harmonize with each other in the emotional sense. Wagner even used musical phrases (leitmotif's) to carry on a musical dialog that could be entirely apart from the thoughts and words of the singers. 

So far in early rehearsals, we are seeing the development of a choral piece that accompanies the scene in which Romeo kills Tybalt. It's been interesting watching and listening to the music director as he brings the actors to express grief, pleading, and vengeance using only four or five notes, but coached to bring varying intonations and volume, sometimes at an enormous level. It was also fascinating to watch the dance director bringing together a group of young Shakespeareans to communicate the moods of the play using moves varying from classical to hip-hop. 

I'll be continuing to follow the creation of this production over the next month as a study on the process of creativity. 

Addendum 

My previous piece here in CityWatch, in which I predicted that the American Republic would survive the Trump administration, provoked a couple of serious comments. 

One pointed out that the judiciary in 1930s Germany was not ultimately able to resist Hitler, even though it tried mightily for as long as it could. I was aware of this history in a general sense, but thank the commenter for stating it more clearly. The substance of my argument was (and remains) my judgment that acceptance of the role of the judiciary is strongly embedded in American culture. 

In brief, the decision of a single federal judge in the state of Washington prevented the execution of a presidential order, at least for the time being and the American people in general understood that this is our way. I did not pursue the argument further to point out that Anglo-American law -- and therefore the culture of our two realms -- includes a strong element of common law. That is to say, we frame many of our social and economic arguments in terms of legal questions, and from those questions our system creates precedents. 

It's hard for us as Americans to imagine the system being different, but it is significantly different in other parts of the world including Europe. The American people accepted that the Supreme Court had the authority to judge the Constitutional validity of the Affordable Care Act. Many of us worried about the outcome, but we didn't directly challenge the balance of power. Even when 1960s era segregationists disagreed hotly with Supreme Court decisions, their demand was that the Chief Justice be impeached, a legally defined remedy under the written Constitution.

 

(Bob Gelfand writes on science, culture, and politics for CityWatch. He can be reached at [email protected])

-cw

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