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Coal Ash Continues to Spill Into North Carolina's Neuse River, Where Is Duke Energy? Print
Thursday, 20 October 2016 13:27

Excerpt: "Waterkeeper Alliance and Sound Rivers have discovered a large coal ash spill into the Neuse River from the Duke Energy H.F. Lee facility, 10 miles upstream of Goldsboro, North Carolina. A substantial but undetermined amount of coal ash was found floating on the surface of the river in a layer over one inch thick."

A substantial but undetermined amount of coal ash was found floating on the surface of the Neuse river in a layer more than an inch thick. (photo: Pete Harrison/Waterkeeper Alliance & Matt Starr/Upper Neuse Riverkeeper/Sound Rivers)
A substantial but undetermined amount of coal ash was found floating on the surface of the Neuse river in a layer more than an inch thick. (photo: Pete Harrison/Waterkeeper Alliance & Matt Starr/Upper Neuse Riverkeeper/Sound Rivers)


Coal Ash Continues to Spill Into North Carolina's Neuse River, Where Is Duke Energy?

By Waterkeeper Alliance

20 October 16

 

aterkeeper Alliance and Sound Rivers have discovered a large coal ash spill into the Neuse River from the Duke Energy H.F. Lee facility, 10 miles upstream of Goldsboro, North Carolina. A substantial but undetermined amount of coal ash was found floating on the surface of the river in a layer over one inch thick. See the video below:

The spill came from at least one of three inactive coal ash ponds containing more than 1 million tons of exposed coal ash. The ponds had been submerged by Hurricane Matthew flood waters for more than seven days until flood waters receded over the weekend. Fly ash coated tree branches as much as seven feet above the river surface, indicating the spill began no later than last Tuesday, when the water level reached a record flood stage.

(photo: EcoWatch)

Independent microscopic analysis confirmed the white material is fly ash particles known as cenospheres, a waste product of coal combustion.

Upper Neuse Riverkeeper Matthew Starr, said:

"This spill is easily visible to anyone in a boat. The area looks like a winter wonderland of toxic coal ash as it has coated the water and trees. It is hard for me to understand how both Duke Energy and state regulators failed to notice such a large area of coal ash contaminating the Neuse River when they claim to have inspected these very ash ponds on Saturday."

On Oct. 15, Duke Energy issued a press release stating:

"Site inspections at the H.F. Lee Power Plant in Goldsboro, N.C., today confirm there was only very minor erosion of material from an inactive coal ash basin on the site.

The majority of that material, which includes coal ash, remained very close to the inactive basin, on the berm or a few feet away on the basin roadway. The state team that inspected the facility determined that the amount of material that was displaced would not even fill the bed of an average pickup truck."

"When a raging river floods over 1 million tons of coal ash, you're obviously going to get more than a pickup truck's worth of ash polluting the river," said Waterkeeper Alliance staff attorney Pete Harrison.

"It was very troubling to discover such a large amount of ash in the river, especially knowing that untold amounts of ash have been washing out of these ponds for more than a week now. It's baffling how Duke Energy could be so oblivious to such an obvious spill and how state regulators continue to look the other way when it comes to Duke's coal ash problems."

Four of five retired coal ash ponds at the H.F. Lee plant near Goldsboro, North Carolina were inundated for at least 7 days. The submerged ponds contain more than one million tons of coal ash, spread in a layer between four and ten feet thick across an area the size of 130 football fields. In a 2015 site assessment, Duke Energy reported high levels of toxic heavy metals in the flooded ponds, including arsenic, antimony and thallium.

Last week at the H.F. Lee facility, Duke Energy failed to identify a breach in a cooling pond dam the size of a school bus for as much as 24 hours before a local news helicopter spotted the collapsed dam and reported it to officials.


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FOCUS: Trump's Racist "Rigged Election" Attack Is as Old as America Print
Thursday, 20 October 2016 11:30

Excerpt: "Donald Trump's demand for 'monitors' at polling places to prevent a 'rigged election' is an old and ugly story. It's obviously aimed - KKK style - at stopping black and Hispanic citizens from voting. But in fact both major parties have used such terror tactics - and updated electronic ones - since the birth of the nation."

Donald Trump. (photo: Reuters)
Donald Trump. (photo: Reuters)


Trump's Racist "Rigged Election" Attack Is as Old as America

By Bob Fitrakis & Harvey Wasserman, Reader Supported News

20 October 16

 

onald Trump’s demand for “monitors” at polling places to prevent a “rigged election” is an old and ugly story.

It’s obviously aimed – KKK style – at stopping black and Hispanic citizens from voting. But in fact both major parties have used such terror tactics – and updated electronic ones – since the birth of the nation.

The cure – we call it “the Ohio Plan” – is scorned by both corporate parties: universal automatic voter registration, transparent registration rolls that can be easily monitored, a national holiday for voting, and universal hand-counted paper ballots that stay in one place and are tallied (and re-tallied) in full public view.

The “rigged election” story dates back to the Constitution. Its Electoral College gave a three-fifths “bonus” to slave-owners for blacks who could not actually vote. The race card carried through Jim Crow segregation and the KKK terror unleashed against post-Emancipation blacks who dared try to vote. It continues through the Drug War and the tens of millions of African-American and Hispanic citizens stripped of their freedom and franchise.

Today it’s being done by computer programs that quietly eliminate millions of black and Hispanic voters from the registration rolls.

In Florida 2000, Gov. Jeb Bush stripped some 90,000 mostly black and Hispanic citizens off the registration rolls in an election decided for his brother by 537 votes. In 2004, GOP operatives did it again to some 300,000 Ohioans in a state Bush won by 118,775.

In moves that Trump should love, between the 2004 and 2008 elections, in a state with about 5.5 million eligible voters, 1.25 million Ohioans were de-registered. In 2012, the number purged was 1.1 million. So far this year, Republican secretary of state Jon Husted has de-registered over a million Ohio voters, more than 600,000 clearly eligible to vote and on the rolls of their county boards of elections.

Photo ID, limited polling station access, machines that break down, provisional ballots that don’t get counted, absentee ballots that don’t get sent, elimination of days to vote, deliberate official misinformation and intimidation – all do exactly what Trump wants. They eliminate the “threat” of non-white voters.

In reporting on Trump’s assertions, The New York Times quotes Ohio’s GOP secretary of state Husted as the “voice of reason.” But like other Republican secretaries of state across the U.S., Husted is aggressively stripping millions of black and Hispanic voters from the registration books. Nationwide, tens of millions of exactly the kinds of people Trump doesn’t want to vote will have been stripped off the voter rolls come November. Much of this is explained in Greg Palast’s new film, The Best Democracy Money Can Buy.

As Michelle Alexander has explained in her book The New Jim Crow, tens of millions of blacks and Hispanics have been stripped of their votes since Richard Nixon declared the War on Drugs in 1971. Alongside filling history’s biggest gulag with about 2.2 million prisoners, America’s Drug War has anchored the GOP’s Southern Strategy by stripping blacks and Hispanics from the rolls in southern states where they comprise some 40% of the potential electorate.

Neither Trump nor his mainstream critics mention mass incarceration’s “twin” means of election rigging: electronic voting machines. Some 80% of this year’s votes may be cast on touchscreen and other computerized devices that are absurdly easy to flip. The courts say the corporate-owned source code is proprietary. So there’s no meaningful accountability. Allegedly safe Scantron paper ballots are easily manipulated with corrupted tallying machines.

Significant computer manipulations helped rig GOP presidential victories in Florida 2000 and Ohio 2004, and critical down-ballot elections elsewhere. These include the 2014 U.S. Senate races in North Carolina, Colorado, and Alaska that now loom large in terms of who might or might not be confirming new Supreme Court appointments.

Corporate-sponsored critics brand this “conspiracy theory.” But neither they nor Trump can answer this most basic question: “How, in fact, do we verify the legitimate tally of votes cast on electronic machines with no effective paper trail, i.e. the vast majority of those that will be cast this November?”

If we’re to have meaningful elections in the future, they must be conducted on paper ballots that are held at their precincts in transparent containers that do not move. Those ballots must be counted in public, by hand. Voter registration should be open automatically to all citizens, with registration rolls open to the public and easily monitored. Voting should be open to all on the basis of a signature. And we need a national holiday for voting so working people do not have to pay with their jobs for exercising their democratic rights.

The “Ohio Plan” would also eliminate corporate money from our elections, end gerrymandering, and abolish the Electoral College.

This coming election, up and down the ballot, could indeed be “rigged.” But it will happen exactly counter to what Trump says. Rather than eliminating millions of black and Hispanic voters, as he wants, we need to guarantee their franchise. We must be able to verify their presence on registration rolls. We need to make sure they have reasonable time and place to cast their ballots – free from KKK/Trump-style thugs intimidating us all.

Above all, as they now do in Ireland, Switzerland, Germany, Romania, Japan and Canada, we need to cast our votes on paper ballots that are safety stored and counted by hand, preferably by our nation’s high school and college students, and our elders.

Maybe then, Trump or otherwise, we can begin to think of America as a country where elections really aren't rigged or stolen, stripped or flipped.


Bob Fitrakis & Harvey Wasserman’s STRIP & FLIP SELECTION OF 2016: FIVE JIM CROWS & ELECTRONIC ELECTION THEFT has just been chosen as one of America’s most censored stories. It’s available at www.freepress.org, along with Bob’s FITRAKIS FILES. Harvey’s SOLARTOPIA! OUR GREEN-POWERED EARTH is at www.harveywasserman.com, along with AMERICA AT THE BRINK OF REBIRTH, available in 2017.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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17 WTF Moments From the Final Debate of the 2016 Election Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=37115"><span class="small">Tessa Stuart, Rolling Stone</span></a>   
Thursday, 20 October 2016 09:00

Stuart writes: "The 25th and final debate of the 2016 election began with Donald Trump insulting Supreme Court Justice Ruth Bader Ginsburg and closed with Trump calling Clinton 'a nasty woman.'"

Hillary Clinton and Donald Trump. (photo: AP)
Hillary Clinton and Donald Trump. (photo: AP)


17 WTF Moments From the Final Debate of the 2016 Election

By Tessa Stuart, Rolling Stone

20 October 16

 

From "bad hombres" to "nasty woman," the last debate was a doozy

n a stage in Las Vegas Wednesday night, Hillary Clinton and Donald Trump met to begin the ceremonial process of drawing our long national nightmare to an end. (Or maybe not: asked if he'll concede the race if he loses, Trump said, "I'll look at it at the time.") The 25th and final debate of the 2016 election began with Donald Trump insulting Supreme Court Justice Ruth Bader Ginsburg and closed with Trump calling Clinton "a nasty woman." Between those bookends, though, moderator Chris Wallace bravely navigated the candidates through one of the more substantive debates of the general election – pressing both on issues like abortion, national debt and immigration that went largely neglected in previous rounds. Trump, who has clashed with moderators in the past, appeared pleased with Wallace's questions, interjecting, "Thank you!" in response to a Clinton question about Wikileaks and, "Correct!" in the middle of a question to Clinton about the state of the economy.

But that didn't keep the night from devolving into a titanic disaster. Here are the most WTF moments from the very last debate of the 2016 election.

On Trump's beef with the Notorious RBG

Trump: "The Supreme Court: that's what it's all about. ... Something happened recently where Justice Ginsburg made some very inappropriate statements toward me and toward a tremendous number of people – many, many millions of people that I represent – and she was forced to apologize, and apologize she did. But these were statements that should never ever have been made."

On late-term abortion

Clinton: "The kinds of cases that fall at the end of pregnancy are often the most heartbreaking, painful decisions for families to make. I have met with women who toward the end of their pregnancy get the worst news one could get, that their health is in jeopardy if they continue to carry to term, or that something terrible has happened that has just been discovered about the pregnancy. I do not think the United States government should be stepping in and making those most personal of decisions. You can regulate if you are doing so with the life and the health of the mother taken into account."

Trump: "... If you go with what Hillary is saying, in the ninth month you can take the baby, and rip the baby out of the womb of the mother just prior to the birth of the baby. Now, you can say that that's OK, and Hillary can say that that's OK, but it's not OK with me."

On The Wall, and whether Trump will build it

Clinton: "When it comes to the wall that Donald talks about building, he went to Mexico. He had a meeting with the Mexican president. Didn't even raise it. He choked, then got into a Twitter war because the Mexican president said, 'We're not paying for that wall.'"

On undocumented immigrants

Trump: "We have some bad hombres here, and we're going to get them."

On Vladimir Putin

Trump: "I don't know Putin. He said nice things about me. If we got along well, that would be good. If Russia and the United States got along well and went after ISIS, that would be good. He has no respect for her. He has no respect for our president..."

Clinton: "Well, that's because he'd rather have a puppet as president."

Trump: "No puppet. No puppet. ...You're the puppet!"

Clinton: “It's pretty clear you won't admit that the Russians have engaged in cyber attacks against the United States of America, that you encouraged espionage against our people, that you are willing to spout the Putin line, sign up for his wish list, break up NATO, do whatever he wants to do, and that you continue to get help from him because he has a very clear favorite in this race."

On the use of nuclear weapons

Clinton: "The bottom line on nuclear weapons is that when the president gives the order, it must be followed. There's about four minutes between the order being given and the people responsible for launching nuclear weapons to do so. And that's why 10 people who have had that awesome responsibility have come out and, in an unprecedented way, said they would not trust Donald Trump with the nuclear codes or to have his finger on the nuclear button."

On their differing levels of experience

Clinton: "On the day when I was in the Situation Room, monitoring the raid that brought Osama bin Laden to justice, he was hosting The Celebrity Apprentice."

On the sexual assault allegations against Trump

Trump: "First of all, those stories have been largely debunked. Those people — I don't know those people. I have a feeling how they came [out]. I believe it was her campaign that did it. Just like if you look at what came out today on the clips where I was wondering what happened with my rally in Chicago and other rallies where we had such violence. She is the one, and Obama, that caused the violence. They hired people. ... The stories are all totally false. I have to say that. And I didn't even apologize to my wife, who is sitting right here, because I didn't do anything."

On the Clinton Foundation

Trump: "It's a criminal enterprise. Saudi Arabia giving $25 million. Qatar, all of these companies. You talk about women and women's rights. These are people that push gays off buildings. These are people that kill women and treat women horribly. And yet you take their money. So I'd like to ask you right now, why don't you give back the money that you have taken from certain countries that treat certain groups of people so horribly? Why don't you give back the money?"

On the Trump Foundation

Clinton: "The Clinton Foundation spends 90 percent of all the money that is donated on behalf of programs around the world and in our own country. I'm very proud of that. We [have] the highest rating from the watchdogs that follow foundations. And I'd be happy to compare what we do with the Trump Foundation, which took money from other people and bought a six-foot portrait of Donald. I mean, who does that?"

On whether Trump will concede the election, if he loses

Trump: "What I'm saying is, I'll tell you at the time. I'll keep you in suspense, OK?"

On whether the Emmys are rigged

Clinton: "Every time Donald thinks things are not going in his direction, he claims whatever it is is rigged against him. The FBI conducted a year-long investigation into my e-mails. They concluded there was no case. He said the FBI was rigged. He lost the Iowa caucus. He lost the Wisconsin primary. ... He said the Republican primary was rigged against him. Then Trump University gets sued for fraud and racketeering. He claims the court system and the federal judge is rigged against him. There was even a time when he didn't get an Emmy for his TV program three years in a row and he started tweeting that the Emmys were rigged."

Trump: "Should have gotten it."

Clinton: "This is a mindset. This is how Donald thinks."

On Aleppo

Chris Wallace: "You said several things in that debate which were not true, sir. You said that Aleppo has basically fallen. In fact, there are–"

Trump: "It is a catastrophe. It's a mess. Have you seen it? Have you seen it? Have you seen what's happened to Aleppo?"

Wallace: "Let me finish my question."

Trump: "OK, so it hasn't fallen? Take a look at it."

Wallace: "There are a quarter-million people still living there and being slaughtered."

Trump: "That's right. And they're being slaughtered because of bad decisions. Aleppo is a disaster. It's a humanitarian nightmare. But it has fallen from any standpoint. Whatdya need a signed document? Take a look at Aleppo."

On what two of Clinton's most visible surrogates supposedly think about her

Trump: "[Clinton campaign manager] John Podesta said some horrible things about you. And boy was he right. He said some beauties. And you know, Bernie Sanders, he said you have bad judgment. You do. And if you think that going into Mosul after we let the world know we're going in and all of the people that we really wanted, the leaders, they're all gone. If you think that was good, then you do. Now John Podesta said you have terrible instincts. Bernie Sanders said you have bad judgment. I agree with both."

On homegrown terrorism

Clinton: "We are going to do very careful, thorough vetting. That does not solve our internal challenges with ISIS and our need to stop radicalization – to work with American-Muslim communities who are on the front lines to identify and prevent attacks. In fact, the killer of the dozens of people at the nightclub in Orlando, the Pulse nightclub was born in Queens, the same place Donald was born."

Regarding Clinton's stance on Obamacare

Trump: "Your husband disagrees with you."

On Obamacare

Clinton: "That’s part of my commitment to raise taxes on the wealthy. My social security payroll contribution will go up, as will Donald's – assuming he can't figure out how to get out of it – but what we want to do..."

Trump: "Such a nasty woman."

Clinton: "...is to replenish the Social Security trust fund by making sure that we sufficient resources."

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How Wall Street Could Control Retirement Savings Print
Thursday, 20 October 2016 08:55

Excerpt: "While Hillary Clinton has spent the presidential campaign saying as little as possible about her ties to Wall Street, the executive who some observers say could be her Treasury Secretary has been openly promoting a plan to give financial firms control of hundreds of billions of dollars in retirement savings."

Blackstone CEO Stephen Schwarzman. (photo: Reuters)
Blackstone CEO Stephen Schwarzman. (photo: Reuters)


How Wall Street Could Control Retirement Savings

By David Sirota and Avi Asher-Schapiro, International Business Times

20 October 16

 

hile Hillary Clinton has spent the presidential campaign saying as little as possible about her ties to Wall Street, the executive who some observers say could be her Treasury Secretary has been openly promoting a plan to give financial firms control of hundreds of billions of dollars in retirement savings. The executive is Tony James, president of the Blackstone Group.

The investment colossus is most famous in politics for its Republican CEO likening an Obama tax plan to a Nazi invasion. James, though, is a longtime Democrat — and one of Clinton’s top fundraisers. The billionaire sculpted the retirement initiative with a prominent labor economist whose work is supported by another investment mogul who is a  big Clinton donor. The proposal has received bipartisan praise from prominent economic thinkers, and James says that Clinton’s top aides are warming to the idea.

It is a plan that proponents say could help millions of Americans — but could also enrich another constituency: the hedge fund and private equity industries that Blackstone dominates and that have donated millions to support Clinton’s presidential bid.

The proposal would require workers and employers to put a percentage of payroll into individual retirement accounts “to be invested well in pooled plans run by professional investment managers,” as James put it. In other words, individual voluntary 401(k)s would be replaced by a single national system, and much of the mandated savings would flow to Wall Street, where companies like Blackstone could earn big fees off the assets. And because of a gap in federal anti-corruption rules, there would be little to prevent the biggest investment contracts from being awarded to the biggest presidential campaign donors.

A Washington power player who reportedly turned down a slot in President Barack Obama’s cabinet, James first outlined the retirement savings initiative in a speech a year ago to the Center for American Progress (CAP). The liberal think tank was founded by Clinton’s current campaign chairman, John Podesta, and is run by her former top policy adviser Neera Tanden. James and Blackstone made six-figure donations to CAP that year, and the group gave him a platform to propose a new payroll tax that he said would fund guaranteed retirement benefits.

Rather than funneling the hundreds of billions of dollars of new tax revenue into expanding Social Security benefits, as many Democratic lawmakers have called for, James proposed something different: A decade after George W. Bush’s failed attempt to divert Social Security revenue into private retirement accounts, the Blackstone president outlined a plan to create individual retirement accounts, some of whose assets would be managed by private financial firms.

“Managing the Guaranteed Retirement Accounts in a pooled fashion would let them leverage that scale to pay lower fees,” James said. “They would also have access to [the] highest quality managers who could adopt long-term investment horizons and invest in less liquid, but higher returning, asset classes that are more appropriate for retirement funding.”

In the blueprint of the plan, James lamented that 401(k) systems “don’t invest in longer-term, illiquid alternatives such as hedge funds, private equity and real estate,” and said the new program could invest in “high-yielding and risk-reducing alternative asset classes.” In a CNBC interview, James said he wants the billions of dollars of new retiree savings to be invested “like pension plans.” He noted that in “the average pension plan in America, about 25 percent is invested in stuff we do, in alternatives, in real estate and private equity and commodities and hedge funds.” Unlike stock index funds and Treasury bills, those investments generate big fees for financial firms — and critics say they do not generate returns that justify the costs.

Clinton’s campaign did not respond to International Business Times questions about James’ proposal.

Since 2013, Clinton has sent conflicting signals on retirement policy. During the Democratic primary, under pressure from progressive groups, she agreed to support some targeted Social Security increases and promised not to reduce benefits. But in paid speeches to Wall Street firms, according to recently leaked emails, she praised a presidential commission that recommended cuts to the program. Clinton has not publicly endorsed James’ plan, but her campaign’s blank slate on retirement policy provides a clear opportunity for the Blackstone president and his plan, about which he has just co-authored a book, “Rescuing Retirement.”

Proponents view the initiative as an earnest bipartisan effort by a disinterested financial expert who is deeply concerned about America’s looming retirement security crisis. As James’ partner in shaping the initiative, labor economist Teresa Ghilarducci, put it: “Tony is an independent thinker and he really sees a public policy need. He’s a Democrat, he’s one of the chief supporters of Hillary Clinton’s presidency. His company owns a lot of other companies. Tony told me whenever a company gets rid of a pension plan, he knows a middle-class worker can’t retire.”

On the Democratic side, two of President Obama’s top economic aides have praised James and Ghilarducci’s new book. On the Republican side, George H.W. Bush’s former deputy treasury secretary Bill Jasien — who now runs a financial advisory firm — wrote in the book’s forward: “We may disagree on many political issues, but regardless of one’s political alignment, aspects of Teresa and Tony’s Retirement Savings Plan provide an important road map to put American workers back on track…Their plan is built on common sense principles, key to advancing the debate on a bipartisan basis.”

James himself has brushed off notions that he or his firm has any financial stake in his proposal.

“I’m 66, I’m at the end of my career, not the beginning — it doesn’t make any difference to me,” James told IBT during a Washington event in September to promote the book. “The whole point of this is to help do something for a big problem. And I know about the area because I manage retirement assets for pension funds.”

Asked earlier this year whether he had a conflict of interest in proposing such a measure, James told Bloomberg News: “If this gets enacted, there are going to be thousands and thousands and thousands of asset managers that will benefit I suppose because more savings and more investment benefits all asset managers of every stripe.”

“For Blackstone it’s frankly small,” he said. “It’s retail and our funds are already oversubscribed. I don’t think we are going to get much out of it.”

Critics see James’ proposal as an effort by a politically connected private equity mogul to present a Wall Street-enriching scheme as a social good — at a moment when his own firm has faced lower profits, and at a generally challenging time for the alternative investments industry.

That industry relies on investments from state and local pension systems, which over the last decade have invested billions in alternatives in hopes of reaping above-market returns in exchange for higher fees. Recently, though, regulators, pension trustees, investment experts and academics have questioned whether retiree savings should be invested with firms like Blackstone in the first place.

Some pensions are pulling out their money. Other pension systems have been turned into 401(k)-style plans, which are difficult for the alternative investment industry to break into because of federal laws that discourage those plans from buying into riskier, illiquid investments.

In the face of these challenges, James’ proposal could provide a government-mandated flow of money from workers’ paychecks into the high-fee alternative investment industry.

“This new plan depends on sweeping government mandates, the appropriation of trillions of dollars from the private sector that is then handed over to zillionaire investment managers who make no guarantees about rates of returns or discounted fees,” said South Carolina Treasurer Curtis Loftis, a Republican who serves on his state’s pension investment council, which contracts with Blackstone. “The only guaranteed benefit I see in this plan is one for wealthy money managers and their cronies. Wall Streeters reading this plan will understand, without having specifically been told, that having Hillary Clinton and the federal government use its power to aggregate the existing and future retirement funds of working Americans and entrust it to them is the Holy Grail of finance.”

Chris Tobe, a Democrat who advises institutional investors and who served on Kentucky’s pension board, put it just as bluntly: “James’ plan is a deliberate attempt to get around federal protections for retirees because alternative investments are not generally allowed in the 401(k) world. This is about making Blackstone and other private equity firms even richer than they already are.”

Clinton has cast herself as skeptical of the “shadow banking” world that Blackstone operates in, and she has said she wants to close a loophole that lets private equity managers pay a lower tax rate than most other workers.

Yet for all of Clinton’s tough talk against Wall Street, James and others associated with Blackstone have been among her biggest fundraisers, and during a recent cocktail party in Washington D.C. to promote the plan, James said he was optimistic that a Clinton win could make his proposal a reality.

“What the election would mean for our plan: Yes, we’ve spent a fair amount of time with a number of Hillary’s policy advisors. So far they have been very encouraging about the plan,” he told the assembled crowd. “I am hopeful she’ll grab this issue once elected, and run with it. I think the signals are warm on that.”

Half Of All Households Older Than 55 Have No Retirement Savings

In his book and during his television appearances pushing his proposal, James has argued that workers in general are not saving enough for retirement — and few dispute his assessment. A General Accountability Office report last year found that in the 48 percent of households of Americans over 55 years old who have some savings in 401(k) or other tax-deferred account, the median household has just $109,000 — which would provide an annuity of about $405 per month for a 65-year old. A full 52 percent of such households have no savings at all.

That leaves Social Security, which now “provides most of the retirement income for about half of households age 65 and older,” according to GAO. But Social Security usually does not provide the 85 percent of pre-retirement income needed to maintain retirees’ living standard; it provides only about 35 percent, according to the National Institute on Retirement Security.

Progressive lawmakers and advocacy groups have been pushing to fund more robust Social Security benefits by lifting the cap on the amount of income that is subject to the payroll tax. That initiative has been promoted by Democratic Sen. Elizabeth Warren, Independent Sen. Bernie Sanders, and most recently President Obama.

Others have trumpeted separate initiatives to expand defined contribution programs. Since 2015, California, Connecticut, Maryland and Oregon have enacted legislation allowing workers who do not already receive retirement benefits to opt into state-run retirement programs. Republican Sen. Marco Rubio — echoing a proposal from the Democratic-aligned Center for American Progress — has called for letting workers with no retirement coverage buy into the Thrift Savings Plan, a low-fee, defined-contribution system for federal employees. It invests only in assets such as stocks, bonds and Treasury bills that do not generate big fees for Wall Street firms.

“Blocked Out Of Having The Most Sophisticated Investments”

Into this simmering policy debate has come Blackstone’s James and his co-author Teresa Ghilarducci.

A labor economist, Ghilarducci is a trustee for the United Auto Workers Medical Benefits Trust, an informal retirement policy adviser to the Clinton campaign and a professor at New School’s Schwartz Center for Economic and Policy Analysis.

Ghilarducci has long been a critic of the 401(k) system, arguing that its tax breaks disproportionately benefit wealthier Americans and that its fees are too high. In 2007, she outlined a draft of a guaranteed retirement savings proposal in a paper for the left-leaning Economic Policy Institute.

Her plan called for a 5 percent payroll tax — partially offset by replacing existing tax breaks for 401(k)’s — which would fund guaranteed retirement benefits in customizable payout plans. The plan would create a $600-a-year tax credit for savers, and the payroll tax levy (which mimics savings programs in Australia, Britain and New Zealand) would generate $500 billion a year, according to Dean Baker, an economist at the Center for Economic and Policy Research.

The original proposal directed the revenue into accounts “administered by the Social Security Administration and managed by the Thrift Savings Plan.” The plan, Ghilarducci said, would — together with Social Security — provide the average earner with 71 percent of their working income in retirement.

In 2010, Ghilarducci’s proposal got a boost from the Obama administration, whose Middle Class Task Force endorsed the concept of the savings accounts. Then in 2015, Ghilarducci and New School researchers published a paper proposing a new roadmap to implement the plan. The paper, though, included an important change: Rather than saying retirement savings would be managed by an existing government entity that invests in low-fee vehicles like stocks, bonds and T-bills, the report said “funds would be managed by commercial money managers, similar to regular defined benefit pension funds.”

Though seemingly small, the tweak — and the reference to modeling it off traditional pension systems — transformed the proposal into a potential jackpot for hedge funds, private equity firms, real estate investment houses and venture capital companies.

Ghilarducci told IBT that she made the change because she had “evolved to be more aspirational” in creating a plan that would invest retirees’ money in both traditional stocks and bonds and in alternative investments that she asserted can deliver better returns. Soon after the revision, she was asked to lunch by James, whose firm is one of the world’s biggest private equity, hedge fund and real estate investors.

“We talked a lot about the inefficiencies of the system and how unfair it is,” she said. “If you are in a 401(k), the government protects you against being in a sophisticated investment product because you aren’t a sophisticated investor. But that means that everybody with a 401(k) or IRA are blocked out of having the most sophisticated investments. And we both thought that is unfair.”

As an icon of the private equity industry, James is an unlikely champion of retirement security. A recent Harvard University study found that private equity firms have transformed bankruptcy law into “an efficient financial engineering tool for insider sales—and for dumping pensions” — with 51 companies abandoning their pension plans “at the behest of private equity firms since 2001.”

Nonetheless, a spokeswoman for Blackstone, Christine Anderson, said that when it comes to the retirement crisis, “Tony has been talking about this for years.” As the 2016 presidential campaign heated up, James signed onto a new version of Ghilarducci’s plan that reduced the new payroll tax to 3 percent, split between employers and employees, and partially offset by a tax credit. They said the government would guarantee  the principal of the account, regardless of market conditions.

“Under the Retirement Savings Plan, everyone in America who works without a pension plan, no matter how little or how much they make, from Uber drivers to CEOs, would have their own Guaranteed Retirement Account,” James said in his CAP speech. Retirees’ savings managed by private financial firms would generate far better returns than 401(k)s, he said. “The beauty of investing more effectively is that the higher return itself pays for a large part of the retirement gap — and it doesn’t cost anyone anything,” he said.

Some data supports James’ comparison: Traditional pension systems outperformed 401(k)-style plans by 0.7 percent between 1990 and 2012, according to a recent study published by Boston College’s Center for Retirement Research. A similar study from retirement consultant Towers Watson found that pension systems “consistently outperformed” 401(k)s.

‘This Proposal Is About Wall Street Getting More Assets’

“It is healthy to be suspicious of bankers,” Ghilarducci told IBT. “Tony is an officer of the company and he of course doesn’t do anything that hurts the company.”

The James-Ghilarducci plan in fact offers substantial potential benefits for companies like Blackstone. It would provide Wall Street with a new, government-guaranteed revenue stream, and would also help the industry circumvent legal and market obstacles to reach a wider swath of the retirement savings business.

Alternative investment firms have tried to break into the $4 trillion 401(k) market for years, but their products, such as real estate and long-term private equity investments, are less easily transferable to cash, making them a difficult fit for 401(k)s. On top of that, 401(k)s are regulated by federal rules that discourage illiquid, high-risk investments — and make 401(k) overseers vulnerable to lawsuits if they move workers money into such investments. A new federal rule could further complicate alternative investment firms’ efforts to access the retail market because it “suggests that there are certain investments that are so costly, complex, or opaque that they cannot be recommended to retirement investors,” said Barbara Roper of the Consumer Federation of America.

The James-Ghilarducci plan would effectively circumvent many of those obstacles, allowing alternative investment firms to access billions of retail customer dollars that have been out of reach.

For Wall Street, the biggest benefit could be new fee revenue.

The plan’s 3 percent payroll tax would generate roughly $300 billion a year. The average public pension fund has 17 percent of its assets in alternative investments: If the James-Ghilarducci proposal followed that same formula, alternative investment industry firms like Blackstone would get half a trillion dollars of new assets under management over the course of a decade. With the industry-standard management fee between 1 and 2 percent, that represents between $500 million and $1 billion in new management fees each year — and that does not include the even more lucrative 20 percent fee the alternative investment industry typically charges on investment gains.

The cash infusion for Wall Street would come at a critical moment: In the last few years, investment experts such as Warren Buffett, George Soros and Jack Bogle have suggested that investors should avoid putting money in alternative investments because, they argue, the stock market delivers better returns and incurs far lower fees. A 2015 study from Johns Hopkins University’s Jeff Hooke found that over the previous five years, low-fee index funds outperformed pension systems that invested in higher-fee alternatives.

Hedge funds returns have trailed the S&P 500; venture capital returns have been uneven and a 2013 study showed that the pension funds that paid the highest fees to alternative investment firms had some of the worst performance.

In terms of private equity, while that industry’s proponents — including Blackstone CEO Stephen Schwarzman — say their firms outperform the stock market, recent research challenges that claim, and the industry just experienced one of its weakest quarters. At the same time, academic experts and regulators have warned about hidden fees that eat into investors’ returns. The Securities and Exchange Commission last year sanctioned Blackstone for having “failed to fully inform investors” about fees in a case involving funds that listed James as one of their key overseers.

Some major institutional investors appear to be responding to the warnings. Just this month, officials at the California State Teachers Retirement System — one of the largest pensions in the world — announced that high fees had convinced them to follow other major pension systems and pull $20 billion out of its investments with private money managers.

Ghilarducci told IBT that concerns about fees were valid, but that the new federal program would use its market power to negotiate lower levies. Even if the effort to reduce fees was not successful, she argued, their proposal would still give retirees a better deal than 401(k) plans.

“If you are in a defined benefit plan that is paying too many fees to Blackstone, you are still better off than if you are in a Fidelity plan for a 401(k),” she said.

That’s a difficult case to make, though, when some private equity titans — including Blackstone’s own top dealmaker — have suggested the industry may not be able to deliver the high returns it promises in exchange for its high fees.

All told, economist Eileen Appelbaum told IBT, the James-Ghilarducci plan is built on earnings projections that are fanciful.

“The plan’s promise of 6 to 7 percent returns is likely to prove unrealistic, and they fail to discuss the risks inherent in the risky investments that would have to dominate the savings portfolio that could yield such returns,” said Appelbaum, who co-authored the book “Private Equity at Work” and published a study suggesting lower private equity returns are a new normal.

“This proposal is about Wall Street getting more assets under management because that is where they make their money,” she said. “Why would we put more retirement savings into private hands when Social Security or the Thrift Savings Plan could do the same at almost no cost?”

"Pay-to-Play Violations Are The Cornerstone of The Alternative Investment Market”

Whatever the merits of a particular policy proposal, enactment will be a matter of political muscle — and that has been on display during James and Ghilarducci’s autumn events to promote “Rescuing Retirement,” the book version of their proposal.

Billionaire former New York Mayor Michael Bloomberg spoke at a packed New York event, which was also attended by Andy Stern, the former head of the Service Employees International Union. House Democratic Leader Nancy Pelosi and senior Democratic Sen. Debbie Stabenow of Michigan attended the pair’s Politico-sponsored Washington event.

Meanwhile, James and others connected to Blackstone have financially aided Clinton's White House bid.

James is listed as a “Hillblazer” on Clinton’s campaign website, meaning he has donated and/or raised at least $100,000 for her campaign. The Wall Street Journal reported that James held a $33,400-a-person fundraiser for the Hillary Victory Fund at his Manhattan home in December 2015. Blackstone and James also held a lavish reception at the Democratic National Convention in July 2016, and James held another fundraiser for Clinton at his home last month, raising $1.5 million, according to the Associated Press.

Blackstone employees have given a total of more than $107,000 to Clinton’s campaign, according to data compiled by the nonpartisan Center for Responsive Politics (CRP). David Jones and Richard Sullivan, who until 2015 were listed as Blackstone lobbyists, have been among Clinton’s largest fundraising bundlers.

In all, the private equity and hedge fund industries that could benefit from James’ retirement proposal have given Clinton’s campaign more than $2 million, according to CRP. When counting donations to outside super PACs supporting her, the watchdog group says Clinton’s presidential bid has been supported with $58 million from the securities and investment industry — with alternative investment industry moguls among the top donors.

James has said he is not aiming to be appointed Treasury Secretary. But along with his fundraising, James and Blackstone have sought to build relationships with key Washington players on retirement policy.

For instance, James and Ghilarducci’s proposal touts legislation from House Democratic Vice-Chairman Joe Crowley that would direct many employers to open individual retirement accounts for their employees. Crowley's office has promoted the initiative as one that would have the new accounts invest retiree savings in "a limited number of low-fee index fund options." However, the bill includes a provision that would give federal officials latitude to potentially invest the new money in alternative investments. Blackstone donors are collectively the third largest donor to Crowley during his congressional career, and Crowley has raised more than $1.6 million from donors in the securities and investment industry, according to CRP.

Outside of Congress, Blackstone has donated between $500,000 and $1 million to the Clinton Foundation, and the Associated Press reported that "eight Blackstone executives also gave between $375,000 and $800,000 to the foundation." James has also built bridges to the Clinton-linked Center for American Progress, beyond his donations and seat on its board.

In emails released by Wikileaks, CAP president and CEO Neera Tanden encouraged Clinton campaign chairman Podesta to forge a relationship with Blackstone executive Jon Gray, and Clinton’s campaign looked to arrange a meeting between James, Gray and former Treasury Secretary Tim Geithner. A separate email shows James arguing to Podesta that his retirement proposal is a better idea than simply expanding Social Security — which would offer no profit potential for Wall Street.

“We do not believe the problem can be solved by making Social Security better funded and/or adding a higher minimum benefits,” he wrote. “Expanding Social Security doesn't help middle class people very much,” he argued, and “increasing Social Security would mean adding to FICA taxes.” He also said: “Social Security is such a fraught issue with people so dug in, we worried that opening it up for fundamental change was not implementable from a pragmatic standpoint.”

While Ghilarducci said she supports expanding Social Security, doing so would be more politically difficult than enacting a separate program, she argued — especially since her initiative gets a boost from its association with an industry power player like James.

“Tony certainly helps get an audience that the left couldn’t get,” she said. “The political reality is, you have to have resources and coalition building.”

Another political reality is this: The James-Ghilarducci plan could strengthen the financial industry’s political influence over retirement investments.

Under their proposal, “Retirement portfolios would be created by a board of professionals who would be fiduciaries appointed by the president and Congress,” James and Ghilarducci wrote in a New York Times editorial. “The fees and investments would be much less prone to corruption because the managers’ income would not depend on the investments.”

Alternative investments, though, are notoriously opaque. The contracts between financial firms and pensions are secret, making it difficult to evaluate whether they are being competitively bid or whether they involve undue influence. A recent whistleblower lawsuit in New Mexico accused Blackstone of being part of an influence-peddling scheme, which Blackstone has denied, and USA Today in 2009 tracked how Blackstone officials had made donations to public officials in states that had awarded the company pension management deals.

Seeking to tamp down donor influence, the SEC enacted rules in 2010 aiming to prevent campaign contributions from influencing political appointees’ decisions about which financial firms get to manage retirees’ savings. But lawyers interviewed by IBT said the SEC’s rule covers only state and local retirement systems — not the federal government.

James told IBT he supports the SEC expanding its rule to cover any new investment board created by his proposal. But if the SEC did not take that step, there would be little to prevent financial firms from donating major money to a president, whose appointees could then steer billions of new retiree savings to those same firms.

"Pay-to-play violations are a cornerstone of the alternative investment market," said former SEC attorney Edward Siedle. "It's often the only way that money managers can get elected officials to evade their fiduciary duty and invest in low-transparency, high-cost, high-risk investments that consistently trail the S&P 500. Any retirement plan that would allow that to happen at the federal level would be insane."

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The Government Has Been Using the Border as a Dragnet to Pressure People Into Becoming Informants Print
Thursday, 20 October 2016 08:50

Handeyside writes: "These documents also highlight a broader problem with the government's official guidance on the use of race by federal law enforcement agencies. That guidance purports to ban racial profiling, but it includes exemptions for border screening and national security - exemptions that the leaked documents demonstrate are dangerous and unwise."

US Customs and Border Protection. (photo: Flickr)
US Customs and Border Protection. (photo: Flickr)


The Government Has Been Using the Border as a Dragnet to Pressure People Into Becoming Informants

By Hugh Handeyside, ACLU

20 October 16

 

ecently leaked documents published by The Intercept show that the FBI and Customs and Border Protection have been using CBP’s authority to search travelers at the border — along with the troves of information collected as a result — to troll for potential sources and pressure people into becoming informants. We’ve gone through the documents, and they heighten our concerns that these agencies are exceeding their authority, targeting minority communities and vulnerable people, and trying to evade accountability for doing so.

These documents also highlight a broader problem with the government’s official guidance on the use of race by federal law enforcement agencies. That guidance purports to ban racial profiling, but it includes exemptions for border screening and national security — exemptions that the leaked documents demonstrate are dangerous and unwise.

The secret documents provide a detailed description of the arrangement between the FBI and CBP. The FBI briefs CBP on intelligence priorities, including countries of interest, and CBP provides the FBI with lists of passengers departing to or arriving from those countries 72 hours beforehand. The agencies then use those passenger lists and FBI databases to “target” or “spot” potential informants among the passengers. When those individuals arrive at the airport, CBP redirects them for secondary inspection — which can mean hours of intrusive questioning and searches — during which CBP officers assess them as possible informants and provide those assessments to the FBI. The FBI then uses the airport search as a “pretext” for a follow-up visit to people at their homes or workplaces, during which agents pressure them to become informants.

Most of the documents date from 2012, and while they don’t include independent confirmation that this program is ongoing, they are consistent with what we hear routinely from members of American Muslim, Arab, and South Asian communities about their treatment by the FBI and CBP.

The documents raise several serious concerns.

An End-Run Around the Fourth Amendment

First, this kind of collusion between the FBI and CBP stretches each agency’s authority to the breaking point. The FBI can’t stop and search or question people without any suspicion of wrongdoing in order to assess whether they can be pressured into serving as informants; doing so would violate the Fourth Amendment. By engineering those stops, searches, and questioning by CBP at the border, the FBI is attempting to circumvent the Constitution.

CBP, for its part, has the authority to stop and search travelers at the border and ports of entry, but only for the purpose of locating contraband or identifying individuals who are inadmissible or engaged in criminal activity — a mandate that CBP recognizes is limited. Instead, CBP is using the border as a dragnet for intelligence gathering on innocent people — or, in the FBI’s words, “[l]ooking for ‘good guys’ not ‘bad guys.’” That appears to be outside CBP’s authority.

The result is that CBP’s searches under the informant-recruitment program are much more intrusive than they would be if they stayed within CBP’s mandate. For instance, the questions CBP asks in trolling for informants are designed, according to the documents, to assess people’s “motivators, personality traits, vices, interests, hobbies, etc.” That’s unduly invasive, and it’s consistent with what we’ve long documented about border questioning of Muslims regarding their religious beliefs and practices — questioning that can infringe on rights guaranteed by the Constitution and federal law.

Racial and Religious Profiling

Second, the documents again show that both the FBI and CBP unfairly and discriminatorily target American Muslim communities for scrutiny and surveillance. One blatant example of that kind of biased targeting is a presentation describing the FBI’s efforts to recruit informants within Yemeni-American communities in Buffalo and Rochester, New York. In singling out those entire communities for “source targeting,” the FBI is treating them as inherently suspicious — a practice that parallels its offensive and discriminatory “racial mapping” program.

Other parts of the documents underscore that the agencies are engaging in what amounts to racial and religious profiling. In describing the program, the first bullet in a CBP presentation states that the agencies are “[n]ot profiling, targeting,” but the very next bullet states that they “can target on a number of factors, including . . . name origin.” That’s essentially a proxy for ethnicity, and in many cases, religion. Another document directs CBP officers to assess travelers’ potential value as informants by asking them about their “tribal/clan affiliation,” again suggesting that CBP and the FBI are targeting those travelers for additional questioning and scrutiny based on their race or ethnicity.

Taking Advantage of Innocent People

Finally, the documents offer a disturbing window on how the FBI and CBP prey on people in vulnerable positions while concealing the true nature of the informant-recruitment program. The border can be an inherently coercive environment, and people transiting the border — including U.S. citizens — may feel compelled to answer whatever questions CBP officers ask them, even if they are deeply personal or irrelevant to CBP’s border-security mandate (more on your rights at airports and ports of entry here). The FBI and CBP are leveraging that dynamic in order to single out, search, and question people who, again, the agencies acknowledge have done nothing wrong.

Immigrants are particularly vulnerable to this kind of coercion, which the agencies purposely exploit. The documents instruct officers to use an “immigration relief dangle” — i.e., an offer to assist in securing immigration relief if the individual serves as an informant. That raises serious legal and constitutional concerns, and it is of a piece with a secret program through which the government denies or delays citizenship or lawful permanent residence to thousands of law-abiding people without adequate due process. The FBI and CBP ratchet up the deception by using that “dangle” with people “who will ultimately receive their benefit anyhow,” meaning the offer is an empty promise.

CBP says that its “inspection procedures are designed to facilitate the entry of U.S. citizens and aliens who can readily establish their admissibility.” These documents belie that claim. They also serve as a stark indication of how the FBI and CBP are treating the border as a dragnet to pressure vulnerable people to spy on their neighbors and communities.

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