Author Archives: Michael Froomkin

Wilma Aftermath: Deja Vu All Over Again

Trees down everywhere. Several side streets blocked by trunks. Most houses in the neighborhood lost at least some roof tiles, but no one near us appears to have major damage. Power has been restored east, west, north and south of us — but not to the few streets surrounding me.

It was a ferocious storm, and we didn’t even get the worst of it — that was probably in Broward, one county north of us. From about 7am to 10am yesterday, we could every so often hear a tile being ripped off our roof, often ricocheting from the top floor down to the overhanging roof below (and doing more damage). It was all too easy to imagine the roof being peeled off, Hurricane Andrew style, if things got worse. It’s very hard to describe the sound of your roof being dismantled by a storm. Something between an angry giant flicking at it, and near-misses by something a bit more powerful than small arms. In retrospect, the house held up fine, but as this was the first serious test of our new roof post-remodeling, during the event we were more than ordinarily stressed out of our minds.

In the bright light of day, our damage is no worse than many other people’s (whether, with a brand new roof it should be less is a question I don’t know how to answer yet). And the weather is nice and cool today, so we don’t have the sweltering problem we had the last time the power was out for days, plus the generator runs longer on a tank of gas since the fridge has less work to do.

I’m writing this from the office – which has power – but don’t expect much more from me until things get closer to normal.

Posted in Personal | 5 Comments

We Still Can’t Trust The FBI

It seems clear from the FBI’s own internal reports that the its agents have not changed enough since the Hoover days. And that’s a great shame, and a big problem.

The FBI has important jobs to do — perhaps, in the GW Bush world of growing numbers of people motivated to hate us, more important jobs than ever. But given the amount of power we entrust to the FBI, when its agents break the rules they become particularly dangerous.

We are not talking about the occasional minor paperwork snafu here: what we seem to be facing (again) is a pattern and practice of ignoring the rules.

FBI Papers Indicate Intelligence Violations: The FBI has conducted clandestine surveillance on some U.S. residents for as long as 18 months at a time without proper paperwork or oversight, according to previously classified documents to be released today.

Records turned over as part of a Freedom of Information Act lawsuit also indicate that the FBI has investigated hundreds of potential violations related to its use of secret surveillance operations, which have been stepped up dramatically since the Sept. 11, 2001, attacks but are largely hidden from public view.

In one case, FBI agents kept an unidentified target under surveillance for at least five years — including more than 15 months without notifying Justice Department lawyers after the subject had moved from New York to Detroit. An FBI investigation concluded that the delay was a violation of Justice guidelines and prevented the department “from exercising its responsibility for oversight and approval of an ongoing foreign counterintelligence investigation of a U.S. person.”

Kudos to my friends at EPIC for getting the goods. And kudos to the honest people in the FBI who didn’t sweep these violations under the rug. The trouble is…given the extent of the violations we are now learning about, one has to wonder how many others never even got written up.

The documents provided to EPIC focus on 13 cases from 2002 to 2004 that were referred to the Intelligence Oversight Board, an arm of the President’s Foreign Intelligence Advisory Board that is charged with examining violations of the laws and directives governing clandestine surveillance. Case numbers on the documents indicate that a minimum of 287 potential violations were identified by the FBI during those three years, but the actual number is certainly higher because the records are incomplete.

… in a letter to be sent today to the Senate Judiciary Committee, Sobel and other EPIC officials argue that the documents show how little Congress and the public know about the use of clandestine surveillance by the FBI and other agencies. The group advocates legislation requiring the attorney general to report violations to the Senate.

The documents, EPIC writes, “suggest that there may be at least thirteen instances of unlawful intelligence investigations that were never disclosed to Congress.”

I’d write more, but I have a hurricane to cower from.

Posted in Law: Criminal Law | 4 Comments

Waiting for Wilma: Category 3 Now, Category 2 Tomorrow

I suppose this (Wilma Advisory #35) is what the folks at RSMAS knew was coming:

MAXIMUM SUSTAINED WINDS ARE NEAR 115 MPH…185 KM/HR…WITH HIGHER GUSTS. WILMA IS A CATEGORY THREE HURRICANE ON THE SAFFIR-SIMPSON SCALE. LITTLE CHANGE IN STRENGTH IS EXPECTED UNTIL LANDFALL OCCURS …AND WILMA WILL LIKELY MAKE LANDFALL AS A CATEGORY 3 HURRICANE. SOME SLOW WEAKENING IS FORECAST AS WILMA CROSSES THE SOUTHERN FLORIDA PENINSULA… BUT THE HURRICANE IS FORECAST TO STILL BE A SIGNIFICANT CATEGORY TWO HURRICANE BY THE TIME THE CENTER REACHES THE FLORIDA EAST COAST EARLY MONDAY AFTERNOON.

HURRICANE FORCE WINDS EXTEND OUTWARD UP TO 85 MILES…140 KM… FROM THE CENTER…

[…]

THE TORNADO THREAT ACROSS THE CENTRAL AND SOUTHERN FLORIDA PENINSULA … AND THE FLORIDA KEYS… HAS INCREASED SIGNIFICANTLY. SCATTERED TORNADOES WILL BE POSSIBLE IN THESE AREAS TONIGHT THROUGH MONDAY AFTERNOON.

So someone, somewhere is going to get battered. Here, it could be ok, it could be inconvenient for several days, it could be worse than that….

Mind you, at present it’s not raining here just south of Miami, and only a bit gusty. Well, actually, quite gusty…

Posted in Miami | 1 Comment

Waiting for Wilma: Tuesday is Canceled Too

Fresh into my in-box:

University of Miami Closed Monday and Tuesday

The University of Miami is closed Monday and Tuesday, October 24 and 25. All classes, clinical activities, and events are canceled for Monday. All classes and events are canceled for Tuesday; however, a decision on Tuesday’s clinical activities at the UM medical campus will be announced on Monday at 2 p.m.

The people making these decisions for the University consult with the weather experts at RSMAS. (RSMAS is widely acknowledged to be one of the few, perhaps the only, world-class faculties on campus; I’ve heard people elsewhere say the oceanography parts of it are #1 or #2 in the world.) That the University is willing to make this decision so far in advance is not cheerful.

From a selfish point of view, and assuming we make it through Wilma in the same number of pieces we are now, it means a lot of make-up classes in a decreasingly short period, which cannot be good for my students’ understanding of the material.

Posted in Miami | Comments Off on Waiting for Wilma: Tuesday is Canceled Too

And The New Track is a Bit Closer Too

So much for our hope that wind shear would weaken Wilma:

IT APPEARS THAT WIND SHEAR WILL REMAIN WEAK ENOUGH TO ALLOW FOR SOME GRADUAL ADDITIONAL INTENSIFICATION UP UNTIL LANDFALL

RAPID INTENSIFICATION SEEMS LESS UNLIKELY GIVEN THE RATHER LARGE SIZE OF THE EYE AND A LACK OF TIME FOR IT TO CONTRACT BEFORE LANDFALL IN FLORIDA. THE SHIPS GUIDANCE CONTINUES TO FORECAST A STEADY WEAKENING UNTIL LANDFALL DUE TO INCREASING SHEAR. HOWEVER… SATELLITE IMAGERY DOES NOT REVEAL ANY OBVIOUS SIGNS THAT THE SHEAR IS YET STRONG ENOUGH TO REVERSE THE CURRENT STRENGTHENING TREND…AND IT MIGHT NOT INCREASE IN TIME TO INDUCE A WEAKENING TREND BEFORE LANDFALL. THE BEST ESTIMATE OF LANDFALL INTENSITY IS CATEGORY TWO…BUT IT IS POSSIBLE THAT WILMA COULD BE NEAR CATEGORY THREE INTENSITY AS IT APPROACHES THE COAST.

There is apparently a 20-49% chance the eye will pass on top of us. How much Wilma might weaken over the relatively narrow Florida Peninsula, and how much we might get beat up if we are, say, 100 miles from the center, I cannot discern. The best information I can find is the wind speed chart which suggests a consensus forecast of maximum winds just under 100MPH at the worst point of the storm at the time when we might expect it here. That seems to make Miami’s worst-case Wilma a category two on the Saffir-Simpson hurricane intensity scale. Presumably, the further you are from the center, the less chance of that sort of wind (modulo tornadoes, which are sometimes spun off hurricanes).em5000sx.jpg

So the worst we can reaonbly expect is worse than our version of Rita Katrina (a nasty storm, but just a one on the Saffir-Simpson scale), although perhaps not massively worse, as category one goes up to 95 MPH.

I expect the power may be out a while. Meanwhile, here is a picture of my hurricane security blanket.

Posted in Miami | Comments Off on And The New Track is a Bit Closer Too

Fischl: “UM policy contributes to creation of ‘working poor'”

My colleague Michael Fischl had a good op-ed column in the Miami Herald on Friday, UM policy contributes to creation of ‘working poor’:

Like many universities, UM trims operating costs by hiring outside firms to provide various services, including food and security services as well as custodial and landscaping work. But cost-cutting is never the only concern. The university would not, for example, try to save money by hiring a meal vendor that cut costs by neglecting food safety or a security firm that cut costs by dispensing with background checks for its employees.

UM’s current policy — which affects not only the 400 workers employed by UNICCO but also hundreds of others who provide services on campus — contributes to the creation and maintenance of a class of ”working poor” whose incomes must frequently be subsidized by local government and charitable resources in order to meet their healthcare, housing, nutrition and energy needs.

What’s worse, the workforce in question comprises almost only Hispanics, African Americans, Caribbeans and other people of color. The determination of university officials to balance the budget on their backs is particularly poor corporate citizenship in the context of a larger community that prides itself in its diversity of populations and its history of providing opportunities for economic advancement. It is also at odds with the commitment to diversity that is otherwise a central feature of UM life.

What can be done to remedy this sorry situation? In terms of the current campaign, the workers have a legal right to decide for themselves whether to unionize; Shalala should state for the record that the university will not tolerate any interference with that right, either by its own administrators or by outside firms, and dispel the shameful rumor currently circulating on campus that UM will terminate the UNNICO contract if the union campaign succeeds.

The UNICO people usually look pretty unhappy around campus. This may partly explain why.

Posted in U.Miami | Comments Off on Fischl: “UM policy contributes to creation of ‘working poor'”