Author Archives: Michael Froomkin

Bush Administration *Literally* Makes Americans Sick

The Gavel » Blog Archive » Oversight Hearing on “Toxic Trailers” in the Gulf Coast

Henry Waxman is having hearings about FEMA's provision of toxic trailers to Katerina victims.

Another FEMA official wrote, the office of general counsel has advised “We do not do testing, because it would imply FEMA's ownership of this issue.” Early in the process, due to the perseverance of a pregnant mother with a four month old child, FEMA did test one occupied trailer. The results showed that their trailer had formaldehyde levels 75 times higher than the maximum workplace exposure levels recommended by the National Institute for Occupational Safety and Health. The mother evacuated the trailer. FEMA then stopped testing other trailers.

They knew, and they knew they didn't want to know.

Much more, with videos, at The Gavel.

Posted in Unspeakably Awful (Katrina) | Comments Off on Bush Administration *Literally* Makes Americans Sick

Judicial Fireworks in Broward

It's an old Miami saying that we live in the only part of the country where you have to go north to get to the South.

Evidence of the truth of that aphorism can be found in the judicial dust-up currently unfolding in Broward County, the county just north of us. Broward county judges have had a bad patch recently, what with one being busted for smoking pot in a park, and various ethical transgressions emerging, one of which led to the resignation of the Chief Judge.

We though things might be looking up this week when the election for a new Chief Judge appeared to have gone off without either allegations of vote tampering or mayhem, but in fact this was just the calm before the storm.

And what a storm. It seems that during the brief interregnum, Acting Chief Judge Mel Grossman eviscerated a diversity committee chaired by Judge Elijah Williams, the only black male judge to be appointed in Broward in the last two decades. And Judge Williams, to his credit, isn't taking it lightly.

The full fireworks can be seen at the rather active unofficial Broward lawyers' blog at A Calculated Scorched Earth Policy or a Simple Case of Al Haig Disease? Judge Elijah Williams Has Had Enough!. See also Miami-Dade's own Rumpole, enjoying a few moments of schadenfreude.

Posted in Florida, Law: Everything Else | Comments Off on Judicial Fireworks in Broward

What is Your Nightmare Job?

What would be the most unattractive job in the regular economy? I'm not talking about the objectively least-well paid or statistically most dangerous, or most unpopular (car salesman?). I mean, what job would you least like to have. No fair saying subsistence farmer in Darfur either — I mean in the US (or other developed economy).

For me, I think the worst job I see around me easily has to be toll booth attendant: Breath fumes all day. No real human contact. Uncomfortable reaching. Half in and half out so your body is a mix of too hot and too cold depending where and when. Much worse than the worst job I ever had (for a week) of (attempted) selling books by phone.

What's your worst nightmare of a job?

Posted in Etc | 20 Comments

R. Milhous Giuliani

R. Milhous Giuliani — that's how Michael Gerson characterizes the current GOP front-runner, and I think he nails it on substantive, stylistic, and not least emotional grounds.

As president, Nixon was a talented man without an ideological compass, mainly concerned with the accumulation of power. … And, as with Nixon, Giuliani's combativeness, on occasion, blurs into pettiness.

Richard Milhous Giuliani. Just trips off the tongue…

Posted in Politics: US: 2008 Elections | Comments Off on R. Milhous Giuliani

Short and Sweet

Sentenc.es – A Disciplined Way To Deal With Email

The Problem

E-mail takes too long to respond to, resulting in continuous inbox overflow for those who receive a lot of it. The Solution

Treat all email responses like SMS text messages, using a set number of letters per response. Since it’s too hard to count letters, we count sentences instead. five.sentenc.es is a personal policy that all email responses regardless of recipient or subject will be five sentences or less. It’s that simple.

– See also: two.sentenc.es, three.sentenc.es, and four.sentenc.es.

Posted in Internet | 1 Comment

POGO Asks If Marine Corps Lied to Senator Levin about MRAP Request?

Nick Schwellenbach of the Project On Government Oversight has a very interesting post at the POGO Blog asking whether the Marine Corps Lied to Senator Levin about MRAP Request:

Marine Corps claims described in congressional correspondence are at odds with the actual text of a February 2005 urgent needs request from Marines in Iraq.

In a letter Senator Carl Levin (D-Michigan), chairman of the Senate Armed Services Committee, wrote to Senator Joe Biden (D-Delaware) on June 26, 2007 (pdf), the following was written:

Press reports about the February 2005 Marine Corps Urgent Operational Needs Statement [pdf] that you referenced in your letter concerned me a great deal as well. Since learning of this needs statement, my Committee staff has met with the Marine Corps multiple times. The Marine Corps’ answer to the Committee staff has been two-fold: 1) the Marine Corps has initiated its own internal review of how urgent operational needs statements are handled; and 2) the Marine Corps indicated that the request from theater called for more effective armor materiel, which came in the form of fragmentation kit upgrades, rather than a specialized vehicle like the MRAP. I have directed my Committee staff to continue meeting with the Marine Corps on this matter until the internal review is completed. [Emphasis added]

However, even the briefest look at the February 2005 request (pdf) shows otherwise; that is, that the Marines on the ground, in Iraq, requested MRAPs specifically.  The first lines in that document on the first page, under “Description of Need,” are:

MINE RESISTANT AMBUSH PROTECTED (MRAP) VEHICLE. This is a Priority 1 Urgent UNS in support of OIF EDL. Total AO requirement is 1169.

There is an immediate need for an MRAP vehicle capability to increase survivability and mobility of Marines operating in a hazardous fire area against known threats.

On its face, it seems that the Marine Corps engaged in telling the congressional staffers of the chairman of the Senate Armed Services Committee a bold-faced lie.  The only other possibility is that Senator Levin’s staffers misinterpreted or wrongly portrayed the Marine Corps’ claims. 

If it’s the former, Congress should consider prosecuting the responsible parties for making false statements under 18 U.S.C. §
1001
.  Congress cannot intelligently and adequately perform its legislative and oversight functions if the executive branch is not providing it with truthful information–hence the existence of 18 U.S.C. §
1001
.  There need to be penalties for willfully misinforming Congress, especially on matters of life and death in wartime.  These requests were not made by bureaucrats at the Pentagon, but by Marines in Iraq regarding a vehicles which, if procured sooner, could possibly have saved the lives of hundreds. 

If Congress never penalizes or threatens to penalize those who lie to it, then it will only invite more dishonesty and a withering of its own stature.

I think the principle at stake is important. So too is the underlying factual issue: despite desperate pleas from the folks on the ground, the Pentagon decided not to send armored vehicles that could withstand IEDs in Iraq to US soldiers. At the same time, they made sending these vehicles to the Iraqi troops a priority. Why? Not clear — kindest explanation is that they thought we’d be ought of there so quickly there would be no need for the improved armor; the stuff also makes the vehicles slow. Even so, that’s no excuse for lying about it to Congress.

Posted in National Security | 1 Comment