organization:harvard law school

  • ‘They Were Conned’: How Reckless Loans Devastated a Generation of Taxi Drivers - The New York Times
    https://www.nytimes.com/2019/05/19/nyregion/nyc-taxis-medallions-suicides.html


    Mohammed Hoque with his three children in their studio apartment in Jamaica, Queens.

    May 19, 2019 - The phone call that ruined Mohammed Hoque’s life came in April 2014 as he began another long day driving a New York City taxi, a job he had held since emigrating from Bangladesh nine years earlier.

    The call came from a prominent businessman who was selling a medallion, the coveted city permit that allows a driver to own a yellow cab instead of working for someone else. If Mr. Hoque gave him $50,000 that day, he promised to arrange a loan for the purchase.

    After years chafing under bosses he hated, Mr. Hoque thought his dreams of wealth and independence were coming true. He emptied his bank account, borrowed from friends and hurried to the man’s office in Astoria, Queens. Mr. Hoque handed over a check and received a stack of papers. He signed his name and left, eager to tell his wife.

    Mr. Hoque made about $30,000 that year. He had no idea, he said later, that he had just signed a contract that required him to pay $1.7 million.

    Over the past year, a spate of suicides by taxi drivers in New York City has highlighted in brutal terms the overwhelming debt and financial plight of medallion owners. All along, officials have blamed the crisis on competition from ride-hailing companies such as Uber and Lyft.

    But a New York Times investigation found much of the devastation can be traced to a handful of powerful industry leaders who steadily and artificially drove up the price of taxi medallions, creating a bubble that eventually burst. Over more than a decade, they channeled thousands of drivers into reckless loans and extracted hundreds of millions of dollars before the market collapsed.

    These business practices generated huge profits for bankers, brokers, lawyers, investors, fleet owners and debt collectors. The leaders of nonprofit credit unions became multimillionaires. Medallion brokers grew rich enough to buy yachts and waterfront properties. One of the most successful bankers hired the rap star Nicki Minaj to perform at a family party.

    But the methods stripped immigrant families of their life savings, crushed drivers under debt they could not repay and engulfed an industry that has long defined New York. More than 950 medallion owners have filed for bankruptcy, according to a Times analysis of court records. Thousands more are barely hanging on.

    The practices were strikingly similar to those behind the housing market crash that led to the 2008 global economic meltdown: Banks and loosely regulated private lenders wrote risky loans and encouraged frequent refinancing; drivers took on debt they could not afford, under terms they often did not understand.

    Some big banks even entered the taxi industry in the aftermath of the housing crash, seeking a new market, with new borrowers.

    The combination of easy money, eager borrowers and the lure of a rare asset helped prices soar far above what medallions were really worth. Some industry leaders fed the frenzy by purposefully overpaying for medallions in order to inflate prices, The Times found.

    Between 2002 and 2014, the price of a medallion rose to more than $1 million from $200,000, even though city records showed that driver incomes barely changed.

    About 4,000 drivers bought medallions in that period, records show. They were excited to buy, but they were enticed by a dubious premise.

    What Actually Happened to New York’s Taxi DriversMay 28, 2019

    After the medallion market collapsed, Mayor Bill de Blasio opted not to fund a bailout, and earlier this year, the City Council speaker, Corey Johnson, shut down the committee overseeing the taxi industry, saying it had completed most of its work.

    Over 10 months, The Times interviewed 450 people, built a database of every medallion sale since 1995 and reviewed thousands of individual loans and other documents, including internal bank records and confidential profit-sharing agreements.

    The investigation found example after example of drivers trapped in exploitative loans, including hundreds who signed interest-only loans that required them to pay exorbitant fees, forfeit their legal rights and give up almost all their monthly income, indefinitely.

    A Pakistani immigrant who thought he was just buying a car ended up with a $780,000 medallion loan that left him unable to pay rent. A Bangladeshi immigrant said he was told to lie about his income on his loan application; he eventually lost his medallion. A Haitian immigrant who worked to exhaustion to make his monthly payments discovered he had been paying only interest and went bankrupt.

    Abdur Rahim, who is from Bangladesh, is one of several cab drivers who allege they were duped into signing exploitative loans. 
    It is unclear if the practices violated any laws. But after reviewing The Times’s findings, experts said the methods were among the worst that have been used since the housing crash.

    “I don’t think I could concoct a more predatory scheme if I tried,” said Roger Bertling, the senior instructor at Harvard Law School’s clinic on predatory lending and consumer protection. “This was modern-day indentured servitude.”

    Lenders developed their techniques in New York but spread them to Chicago, Boston, San Francisco and elsewhere, transforming taxi industries across the United States.

    In interviews, lenders denied wrongdoing. They noted that regulators approved their practices, and said some borrowers made poor decisions and assumed too much debt. They said some drivers were happy to use climbing medallion values as collateral to take out cash, and that those who sold their medallions at the height of the market made money.

    The lenders said they believed medallion values would keep increasing, as they almost always had. No one, they said, could have predicted Uber and Lyft would emerge to undercut the business.

    “People love to blame banks for things that happen because they’re big bad banks,” said Robert Familant, the former head of Progressive Credit Union, a small nonprofit that specialized in medallion loans. “We didn’t do anything, in my opinion, other than try to help small businesspeople become successful.”

    Mr. Familant made about $30 million in salary and deferred payouts during the bubble, including $4.8 million in bonuses and incentives in 2014, the year it burst, according to disclosure forms.

    Meera Joshi, who joined the Taxi and Limousine Commission in 2011 and became chairwoman in 2014, said it was not the city’s job to regulate lending. But she acknowledged that officials saw red flags and could have done something.

    “There were lots of players, and lots of people just watched it happen. So the T.L.C. watched it happen. The lenders watched it happen. The borrowers watched it happen as their investment went up, and it wasn’t until it started falling apart that people started taking action and pointing fingers,” said Ms. Joshi, who left the commission in March. “It was a party. Why stop it?”

    Every day, about 250,000 people hail a New York City yellow taxi. Most probably do not know they are participating in an unconventional economic system about as old as the Empire State Building.

    The city created taxi medallions in 1937. Unlicensed cabs crowded city streets, so officials designed about 12,000 specialized tin plates and made it illegal to operate a taxi without one bolted to the hood of the car. The city sold each medallion for $10.

    People who bought medallions could sell them, just like any other asset. The only restriction: Officials designated roughly half as “independent medallions” and eventually required that those always be owned by whoever was driving that cab.

    Over time, as yellow taxis became symbols of New York, a cutthroat industry grew around them. A few entrepreneurs obtained most of the nonindependent medallions and built fleets that controlled the market. They were family operations largely based in the industrial neighborhoods of Hell’s Kitchen in Manhattan and Long Island City in Queens.

    Allegations of corruption, racism and exploitation dogged the industry. Some fleet bosses were accused of cheating drivers. Some drivers refused to go outside Manhattan or pick up black and Latino passengers. Fleet drivers typically worked 60 hours a week, made less than minimum wage and received no benefits, according to city studies.

    Still, driving could serve as a path to the middle class. Drivers could save to buy an independent medallion, which would increase their earnings and give them an asset they could someday sell for a retirement nest egg.

    Those who borrowed money to buy a medallion typically had to submit a large down payment and repay within five to 10 years.

    The conservative lending strategy produced modest returns. The city did not release new medallions for almost 60 years, and values slowly climbed, hitting $100,000 in 1985 and $200,000 in 1997.

    “It was a safe and stable asset, and it provided a good life for those of us who were lucky enough to buy them,” said Guy Roberts, who began driving in 1979 and eventually bought medallions and formed a fleet. “Not an easy life, but a good life.”

    “And then,” he said, “everything changed.”

    – Before coming to America, Mohammed Hoque lived comfortably in Chittagong, a city on Bangladesh’s southern coast. He was a serious student and a gifted runner, despite a small and stocky frame. His father and grandfather were teachers; he said he surpassed them, becoming an education official with a master’s degree in management. He supervised dozens of schools and traveled on a government-issued motorcycle. In 2004, when he was 33, he married Fouzia Mahabub. -

    That same year, several of his friends signed up for the green card lottery, and their thirst for opportunity was contagious. He applied, and won.

    His wife had an uncle in Jamaica, Queens, so they went there. They found a studio apartment. Mr. Hoque wanted to work in education, but he did not speak enough English. A friend recommended the taxi industry.

    It was an increasingly common move for South Asian immigrants. In 2005, about 40 percent of New York cabbies were born in Bangladesh, India or Pakistan, according to the United States Census Bureau. Over all, just 9 percent were born in the United States.

    Mr. Hoque and his wife emigrated from Bangladesh, and have rented the same apartment in Queens since 2005.

    Mr. Hoque joined Taxifleet Management, a large fleet run by the Weingartens, a Russian immigrant family whose patriarchs called themselves the “Three Wise Men.”

    He worked 5 a.m. to 5 p.m., six days a week. On a good day, he said, he brought home $100. He often felt lonely on the road, and he developed back pain from sitting all day and diabetes, medical records show.

    He could have worked fewer shifts. He also could have moved out of the studio. But he drove as much as feasible and spent as little as possible. He had heard the city would soon be auctioning off new medallions. He was saving to buy one.

    Andrew Murstein, left, with his father, Alvin.CreditChester Higgins Jr./The New York Times
    In the early 2000s, a new generation took power in New York’s cab industry. They were the sons of longtime industry leaders, and they had new ideas for making money.

    Few people represented the shift better than Andrew Murstein.

    Mr. Murstein was the grandson of a Polish immigrant who bought one of the first medallions, built one of the city’s biggest fleets and began informally lending to other buyers in the 1970s. Mr. Murstein attended business school and started his career at Bear Stearns and Salomon Brothers, the investment banks.

    When he joined the taxi business, he has said, he pushed his family to sell off many medallions and to establish a bank to focus on lending. Medallion Financial went public in 1996. Its motto was, “In niches, there are riches.”

    Dozens of industry veterans said Mr. Murstein and his father, Alvin, were among those who helped to move the industry to less conservative lending practices. The industry veterans said the Mursteins, as well as others, started saying medallion values would always rise and used that idea to focus on lending to lower-income drivers, which was riskier but more profitable.

    The strategy began to be used by the industry’s other major lenders — Progressive Credit Union, Melrose Credit Union and Lomto Credit Union, all family-run nonprofits that made essentially all their money from medallion loans, according to financial disclosures.

    “We didn’t want to be the one left behind,” said Monte Silberger, Lomto’s controller and then chief financial officer from 1999 to 2017.

    The lenders began accepting smaller down payments. By 2013, many medallion buyers were not handing over any down payment at all, according to an analysis of buyer applications submitted to the city.

    “It got to a point where we didn’t even check their income or credit score,” Mr. Silberger said. “It didn’t matter.”

    Lenders also encouraged existing borrowers to refinance and take out more money when medallion prices rose, according to interviews with dozens of borrowers and loan officers. There is no comprehensive data, but bank disclosures suggest that thousands of owners refinanced.

    Industry veterans said it became common for owners to refinance to buy a house or to put children through college. “You’d walk into the bank and walk out 30 minutes later with an extra $200,000,” said Lou Bakalar, a broker who arranged loans.

    Yvon Augustin has been living with help from his children ever since he declared bankruptcy and lost his taxi medallion.

    Some pointed to the refinancing to argue that irresponsible borrowers fueled the crisis. “Medallion owners were misusing it,” said Aleksey Medvedovskiy, a fleet owner who also worked as a broker. “They used it as an A.T.M.”

    As lenders loosened standards, they increased returns. Rather than raising interest rates, they made borrowers pay a mix of costs — origination fees, legal fees, financing fees, refinancing fees, filing fees, fees for paying too late and fees for paying too early, according to a Times review of more than 500 loans included in legal cases. Many lenders also made borrowers split their loan and pay a much higher rate on the second loan, documents show.

    Lenders also extended loan lengths. Instead of requiring repayment in five or 10 years, they developed deals that lasted as long as 50 years, locking in decades of interest payments. And some wrote interest-only loans that could continue forever.

    “We couldn’t figure out why the company was doing so many interest-only loans,” said Michelle Pirritano, a Medallion Financial loan analyst from 2007 to 2011. “It was a good revenue stream, but it didn’t really make sense as a loan. I mean, it wasn’t really a loan, because it wasn’t being repaid.”

    Almost every loan reviewed by The Times included a clause that spiked the interest rate to as high as 24 percent if it was not repaid in three years. Lenders included the clause — called a “balloon” — so that borrowers almost always had to extend the loan, possibly at a higher rate than in the original terms, and with additional fees.

    Yvon Augustin was caught in one of those loans. He bought a medallion in 2006, a decade after emigrating from Haiti. He said he paid $2,275 every month — more than half his income, he said — and thought he was paying off the loan. But last year, his bank used the balloon to demand that he repay everything. That is when he learned he had been paying only the interest, he said.

    Mr. Augustin, 69, declared bankruptcy and lost his medallion. He lives off assistance from his children.

    During the global financial crisis, Eugene Haber, a lawyer for the taxi industry, started getting calls from bankers he had never met.

    Mr. Haber had written a template for medallion loans in the 1970s. By 2008, his thick mustache had turned white, and he thought he knew everybody in the industry. Suddenly, new bankers began calling his suite in a Long Island office park. Capital One, Signature Bank, New York Commercial Bank and others wanted to issue medallion loans, he said.

    Some of the banks were looking for new borrowers after the housing market collapsed, Mr. Haber said. “They needed somewhere else to invest,” he said. He said he represented some banks at loan signings but eventually became embittered because he believed banks were knowingly lending to people who could not repay.

    Instead of lending directly, the big banks worked through powerful industry players. They enlisted large fleet owners and brokers — especially Neil Greenbaum, Richard Chipman, Savas Konstantinides, Roman Sapino and Basil Messados — to use the banks’ money to lend to medallion buyers. In return, the owners and brokers received a cut of the monthly payments and sometimes an additional fee.

    The fleet owners and brokers, who technically issued the loans, did not face the same scrutiny as banks.

    “They did loans that were frankly insane,” said Larry Fisher, who from 2003 to 2016 oversaw medallion lending at Melrose Credit Union, one of the biggest lenders originally in the industry. “It contributed to the price increases and put a lot of pressure on the rest of us to keep up.”

    Evgeny Freidman, a fleet owner, has said he purposely overbid for taxi medallions in order to drive up their value.CreditSasha Maslov
    Still, Mr. Fisher said, Melrose followed lending rules. “A lot of people tend to blame others for their own misfortune,” he said. “If they want to blame the lender for the medallion going down the tubes the way it has, I think they’re misplaced.”

    Mr. Konstantinides, a fleet owner and the broker and lender who arranged Mr. Hoque’s loans, said every loan issued by his company abided by federal and state banking guidelines. “I am very sympathetic to the plight of immigrant families who are seeking a better life in this country and in this city,” said Mr. Konstantinides, who added that he was also an immigrant.

    Walter Rabin, who led Capital One’s medallion lending division between 2007 and 2012 and has led Signature Bank’s medallion lending division since, said he was one of the industry’s most conservative lenders. He said he could not speak for the brokers and fleet owners with whom he worked.

    Mr. Rabin and other Signature executives denied fault for the market collapse and blamed the city for allowing ride-hail companies to enter with little regulation. “It’s the City of New York that took the biggest advantage of the drivers,” said Joseph J. DePaolo, the president and chief executive of Signature. “It’s not the banks.”

    New York Commercial Bank said in a statement that it began issuing medallion loans before the housing crisis and that they were a very small part of its business. The bank did not engage in risky lending practices, a spokesman said.

    Mr. Messados said in an interview that he disagreed with interest-only loans and other one-sided terms. But he said he was caught between banks developing the loans and drivers clamoring for them. “They were insisting on this,” he said. “What are you supposed to do? Say, ‘I’m not doing the sale?’”

    Several lenders challenged the idea that borrowers were unsophisticated. They said that some got better deals by negotiating with multiple lenders at once.

    Mr. Greenbaum, Mr. Chipman and Mr. Sapino declined to comment, as did Capital One.

    Some fleet owners worked to manipulate prices. In the most prominent example, Evgeny Freidman, a brash Russian immigrant who owned so many medallions that some called him “The Taxi King,” said he purposefully overpaid for medallions sold at city auctions. He reasoned that the higher prices would become the industry standard, making the medallions he already owned worth more. Mr. Freidman, who was partners with Michael Cohen, President Trump’s former lawyer, disclosed the plan in a 2012 speech at Yeshiva University. He recently pleaded guilty to felony tax fraud. He declined to comment.

    As medallion prices kept increasing, the industry became strained. Drivers had to work longer hours to make monthly payments. Eventually, loan records show, many drivers had to use almost all their income on payments.

    “The prices got to be ridiculous,” said Vincent Sapone, the retired manager of the League of Mutual Taxi Owners, an owner association. “When it got close to $1 million, nobody was going to pay that amount of money, unless they came from another country. Nobody from Brooklyn was going to pay that.”

    Some drivers have alleged in court that lenders tricked them into signing loans.

    Muhammad Ashraf, who is not fluent in English, said he thought he was getting a loan to purchase a car but ended up in debt to buy a taxi medallion instead.

    Muhammad Ashraf, a Pakistani immigrant, alleged that a broker, Heath Candero, duped him into a $780,000 interest-only loan. He said in an interview in Urdu that he could not speak English fluently and thought he was just signing a loan to buy a car. He said he found out about the loan when his bank sued him for not fully repaying. The bank eventually decided not to pursue a case against Mr. Ashraf. He also filed a lawsuit against Mr. Candero. That case was dismissed. A lawyer for Mr. Candero declined to comment.

    Abdur Rahim, a Bangladeshi immigrant, alleged that his lender, Bay Ridge Credit Union, inserted hidden fees. In an interview, he added he was told to lie on his loan application. The application, reviewed by The Times, said he made $128,389, but he said his tax return showed he made about $25,000. In court, Bay Ridge has denied there were hidden fees and said Mr. Rahim was “confusing the predatory-lending statute with a mere bad investment.” The credit union declined to comment.

    Several employees of lenders said they were pushed to write loans, encouraged by bonuses and perks such as tickets to sporting events and free trips to the Bahamas.

    They also said drivers almost never had lawyers at loan closings. Borrowers instead trusted their broker to represent them, even though, unbeknown to them, the broker was often getting paid by the bank.

    Stan Zurbin, who between 2009 and 2012 did consulting work for a lender that issued medallion loans, said that as prices rose, lenders in the industry increasingly lent to immigrants.

    “They didn’t have 750 credit scores, let’s just say,” he said. “A lot of them had just come into the country. A lot of them just had no idea what they were signing.”

    The $1 million medallion
    Video
    Mrs. Hoque did not want her husband to buy a medallion. She wanted to use their savings to buy a house. They had their first child in 2008, and they planned to have more. They needed to leave the studio apartment, and she thought a home would be a safer investment.

    But Mr. Hoque could not shake the idea, especially after several friends bought medallions at the city’s February 2014 auction.

    One friend introduced him to a man called “Big Savas.” It was Mr. Konstantinides, a fleet owner who also had a brokerage and a lending company, Mega Funding.

    The call came a few weeks later. A medallion owner had died, and the family was selling for $1 million.

    Mr. Hoque said he later learned the $50,000 he paid up front was just for taxes. Mega eventually requested twice that amount for fees and a down payment, records show. Mr. Hoque said he maxed out credit cards and borrowed from a dozen friends and relatives.

    Fees and interest would bring the total repayment to more than $1.7 million, documents show. It was split into two loans, both issued by Mega with New York Commercial Bank. The loans made him pay $5,000 a month — most of the $6,400 he could earn as a medallion owner.

    Mohammed Hoque’s Medallion Loans Consumed Most of His Taxi Revenue
    After paying his two medallion loans and business costs, Mr. Hoque had about $1,400 left over each month to pay the rent on his studio apartment in Queens and cover his living expenses.

    Estimated monthly revenue $11,845

    Gas $1,500

    Income after expenses $1,400

    Vehicle maintenance $1,300

    Medallion loan 1 $4,114

    Insurance $1,200

    Car loan $650

    Credit card fees $400

    Medallion loan 2 $881

    Other work-related expenses $400

    By the time the deal closed in July 2014, Mr. Hoque had heard of a new company called Uber. He wondered if it would hurt the business, but nobody seemed to be worried.

    As Mr. Hoque drove to the Taxi and Limousine Commission’s downtown office for final approval of the purchase, he fantasized about becoming rich, buying a big house and bringing his siblings to America. After a commission official reviewed his application and loan records, he said he was ushered into the elegant “Taxi of Tomorrow” room. An official pointed a camera. Mr. Hoque smiled.

    “These are little cash cows running around the city spitting out money,” Mr. Murstein said, beaming in a navy suit and pink tie.

    He did not mention he was quietly leaving the business, a move that would benefit him when the market collapsed.

    By the time of the appearance, Medallion Financial had been cutting the number of medallion loans on its books for years, according to disclosures it filed with the Securities and Exchange Commission. Mr. Murstein later said the company started exiting the business and focusing on other ventures before 2010.

    Mr. Murstein declined numerous interview requests. He also declined to answer some written questions, including why he promoted medallions while exiting the business. In emails and through a spokesman, he acknowledged that Medallion Financial reduced down payments but said it rarely issued interest-only loans or charged borrowers for repaying loans too early.

    “Many times, we did not match what our competitors were willing to do and in retrospect, thankfully, we lost the business,” he wrote to The Times.

    Interviews with three former staffers, and a Times review of loan documents that were filed as part of lawsuits brought by Medallion Financial against borrowers, indicate the company issued many interest-only loans and routinely included a provision allowing it to charge borrowers for repaying loans too early.

    Other lenders also left the taxi industry or took precautions long before the market collapsed.

    The credit unions specializing in the industry kept making new loans. But between 2010 and 2014, they sold the loans to other financial institutions more often than in the previous five years, disclosure forms show. Progressive Credit Union, run by Mr. Familant, sold loans off almost twice as often, the forms show. By 2012, that credit union was selling the majority of the loans it issued.

    In a statement, Mr. Familant said the selling of loans was a standard banking practice that did not indicate a lack of confidence in the market.

    Several banks used something called a confession of judgment. It was an obscure document in which the borrower admitted defaulting on the loan — even before taking out any money at all — and authorized the bank to do whatever it wanted to collect.

    Larry Fisher was the medallion lending supervisor at Melrose Credit Union, one of the biggest lenders originally in the industry, from 2003 to 2016.
    Congress has banned that practice in consumer loans, but not in business loans, which is how lenders classified medallion deals. Many states have barred it in business loans, too, but New York is not among them.

    Even as some lenders quietly braced for the market to fall, prices kept rising, and profits kept growing.

    By 2014, many of the people who helped create the bubble had made millions of dollars and invested it elsewhere.

    Medallion Financial started focusing on lending to R.V. buyers and bought a professional lacrosse team and a Nascar team, painting the car to look like a taxi. Mr. Murstein and his father made more than $42 million between 2002 and 2014, disclosures show. In 2015, Ms. Minaj, the rap star, performed at his son’s bar mitzvah.

    The Melrose C.E.O., Alan Kaufman, had the highest base salary of any large state-chartered credit union leader in America in 2013 and 2015, records show. His medallion lending supervisor, Mr. Fisher, also made millions.

    It is harder to tell how much fleet owners and brokers made, but in recent years news articles have featured some of them with new boats and houses.

    Mr. Messados’s bank records, filed in a legal case, show that by 2013, he had more than $50 million in non-taxi assets, including three homes and a yacht.

    The bubble bursts

    At least eight drivers have committed suicide, including three medallion owners with overwhelming loans.
    The medallion bubble burst in late 2014. Uber and Lyft may have hastened the crisis, but virtually all of the hundreds of industry veterans interviewed for this article, including many lenders, said inflated prices and risky lending practices would have caused a collapse even if ride-hailing had never been invented.

    At the market’s height, medallion buyers were typically earning about $5,000 a month and paying about $4,500 to their loans, according to an analysis by The Times of city data and loan documents. Many owners could make their payments only by refinancing when medallion values increased, which was unsustainable, some loan officers said.

    City data shows that since Uber entered New York in 2011, yellow cab revenue has decreased by about 10 percent per cab, a significant bite for low-earning drivers but a small drop compared with medallion values, which initially rose and then fell by 90 percent.

    As values fell, borrowers asked for breaks. But many lenders went the opposite direction. They decided to leave the business and called in their loans.

    They used the confessions to get hundreds of judgments that would allow them to take money from bank accounts, court records show. Some tried to get borrowers to give up homes or a relative’s assets. Others seized medallions and quickly resold them for profit, while still charging the original borrowers fees and extra interest. Several drivers have alleged in court that their lenders ordered them to buy life insurance.

    Many lenders hired a debt collector, Anthony Medina, to seize medallions from borrowers who missed payments.

    The scars left on cabs after medallions were removed.

    Mr. Medina left notes telling borrowers they had to give the lender “relief” to get their medallions back. The notes, which were reviewed by The Times, said the seizure was “authorized by vehicle apprehension unit.” Some drivers said Mr. Medina suggested he was a police officer and made them meet him at a park at night and pay $550 extra in cash.

    One man, Jean Demosthenes, a 64-year-old Haitian immigrant who could not speak English, said in an interview in Haitian Creole that Mr. Medina cornered him in Midtown, displayed a gun and took his car.

    In an interview, Mr. Medina denied threatening anyone with a gun. He said he requested cash because drivers who had defaulted could not be trusted to write good checks. He said he met drivers at parks and referred to himself as the vehicle apprehension unit because he wanted to hide his identity out of fear he could be targeted by borrowers.

    “You’re taking words from people that are deadbeats and delinquent people. Of course, they don’t want to see me,” he said. “I’m not the bad guy. I’m just the messenger from the bank.”

    Some lenders, especially Signature Bank, have let borrowers out of their loans for one-time payments of about $250,000. But to get that money, drivers have had to find new loans. Mr. Greenbaum, a fleet owner, has provided many of those loans, sometimes at interest rates of up to 15 percent, loan documents and interviews showed.

    New York Commercial Bank said in its statement it also had modified some loans.

    Other drivers lost everything. Most of the more than 950 owners who declared bankruptcy had to forfeit their medallions. Records indicate many were bought by hedge funds hoping for prices to rise. For now, cabs sit unused.

    Jean Demosthenes said his medallion was repossessed by a man with a gun. The man denied that he was armed.

    Bhairavi Desai, founder of the Taxi Workers Alliance, which represents drivers and independent owners, has asked the city to bail out owners or refund auction purchasers. Others have urged the city to pressure banks to forgive loans or soften terms.

    After reviewing The Times’s findings, Deepak Gupta, a former top official at the United States Consumer Financial Protection Bureau, said the New York Attorney General’s Office should investigate lenders.

    Mr. Gupta also said the state should close the loophole that let lenders classify medallion deals as business loans, even though borrowers had to guarantee them with everything they owned. Consumer loans have far more disclosure rules and protections.

    “These practices were indisputably predatory and would be illegal if they were considered consumer loans, rather than business loans,” he said.

    Last year, amid eight known suicides of drivers, including three medallion owners with overwhelming loans, the city passed a temporary cap on ride-hailing cars, created a task force to study the industry and directed the city taxi commission to do its own analysis of the debt crisis.

    Earlier this year, the Council eliminated the committee overseeing the industry after its chairman, Councilman Rubén Díaz Sr. of the Bronx, said the Council was “controlled by the homosexual community.” The speaker, Mr. Johnson, said, “The vast majority of the legislative work that we have been looking at has already been completed.”

    In a statement, a council spokesman said the committee’s duties had been transferred to the Committee on Transportation. “The Council is working to do as much as it can legislatively to help all drivers,” the spokesman said.

    As of last week, no one had been appointed to the task force.

    On the last day of 2018, Mr. and Mrs. Hoque brought their third child home from the hospital.

    Mr. Hoque cleared space for the boy’s crib, pushing aside his plastic bags of T-shirts and the fan that cooled the studio. He looked around. He could not believe he was still living in the same room.

    His loan had quickly faltered. He could not make the payments and afford rent, and his medallion was seized. Records show he paid more than $12,000 to Mega, and he said he paid another $550 to Mr. Medina to get it back. He borrowed from friends, promising it would not happen again. Then it happened four more times, he said.

    Mr. Konstantinides, the broker, said in his statement that he met with Mr. Hoque many times and twice modified one of his loans in order to lower his monthly payments. He also said he gave Mr. Hoque extra time to make some payments.

    In all, between the initial fees, monthly payments and penalties after the seizures, Mr. Hoque had paid about $400,000 into the medallion by the beginning of this year.

    But he still owed $915,000 more, plus interest, and he did not know what to do. Bankruptcy would cost money, ruin his credit and remove his only income source. And it would mean a shameful end to years of hard work. He believed his only choice was to keep working and to keep paying.

    His cab was supposed to be his ticket to money and freedom, but instead it seemed like a prison cell. Every day, he got in before the sun rose and stayed until the sky began to darken. Mr. Hoque, now 48, tried not to think about home, about what he had given up and what he had dreamed about.

    “It’s an unhuman life,” he said. “I drive and drive and drive. But I don’t know what my destination is.”

    [Read Part 2 of The Times’s investigation: As Thousands of Taxi Drivers Were Trapped in Loans, Top Officials Counted the Money]

    Reporting was contributed by Emma G. Fitzsimmons, Suzanne Hillinger, Derek M. Norman, Elisha Brown, Lindsey Rogers Cook, Pierre-Antoine Louis and Sameen Amin. Doris Burke and Susan Beachy contributed research. Produced by Jeffrey Furticella and Meghan Louttit.

    Follow Brian M. Rosenthal on Twitter at @brianmrosenthal

    #USA #New_York #Taxi #Betrug #Ausbeutung

    • Open Letter from U.S. and Global Sociologists in Support of Brazilian Sociology Departments

      On April 25th, Brazilian President Jair Bolsonaro, along with his Minister of Education, Abraham Weintraub, declared the government’s intent to “decentralize investments in philosophy and sociology” within public universities, and to shift financial support to “areas that give immediate returns to taxpayers, such as veterinary science, engineering, and medicine.”

      As professors, lecturers, graduate students, post-doctoral fellows, and other scholars in sociology and related disciplines at colleges and universities in the United States and worldwide, we write to declare our unwavering support for continued funding for sociology programs at Brazilian universities. We oppose President Bolsonaro’s attempt to disinvest in sociology, or any other program in the humanities or social sciences.

      As historical and contemporary sociologists, we understand that the decades-long marketization of higher education has convinced many politicians - in Brazil, in the United States, and globally - that a university education is valuable only insofar as it is immediately profitable. We reject this premise.

      The purpose of higher education is not to produce “immediate returns” on investments. The purpose of higher education must always be to produce an educated, enriched society that benefits from the collective endeavor to create human knowledge. Higher education is a purpose in and of itself.

      An education in the full range of the arts and sciences is the cornerstone of a liberal arts education. This is as true in Brazil as it is in the United States as it is in any country in the world.

      Brazilian sociology departments produce socially engaged and critical thinkers, both in Brazil and worldwide. Brazilian sociologists contribute to the global production of sociological knowledge. They are our colleagues within the discipline and within our shared departments and institutions. When sociologists from abroad conduct research or other academic work in Brazil, we are welcomed by Brazilian sociologists and by their departments. Many of our own students receive world-class training in sociology at Brazilian universities.

      President Bolsonaro’s intent to defund sociology programs is an affront to the discipline, to the academy, and, most broadly, to the human pursuit of knowledge. This proposal is ill-conceived, and violates principles of academic freedom that ought to be integral to systems of higher education in Brazil, in the United States, and across the globe. We urge the Brazilian government to reconsider its proposition.

      https://sites.google.com/g.harvard.edu/brazil-solidarity

    • Brazilian Government To Defund Philosophy in Public Universities

      Jair M. Bolsonaro, the current president of Brazil, has announced on Twitter his plans to stop government funding of philosophy and sociology in the nation’s public universities.

      A rough translation is: “The Minister of Education, Abraham Weintraub, is studying how to decentralize investment in philosophy and sociology at universities. Students who have already enrolled will not be affected. The objective is to focus on areas that generate immediate return to the taxpayer, such as: veterinary, engineering, and medicine.”

      By way of explanation, he added:

      Again, roughly translated, this says: “The role of the Government is to respect the taxpayer’s money, teaching young people to read, write, and learn job skills that generates income for the person and well-being for the family, which improves the society around them.”

      Those with more knowledge of the situation are encouraged to share what they know in the comments here, or by email to dailynouseditor@gmail.com.

      http://dailynous.com/2019/04/26/brazilian-government-defund-philosophy-public-universities

    • Le post de Rodrigo (reçu par email de @isskein):

      Some friends have written to ask about the Brazilian government’s announcement of an attack on the humanities (http://tiny.cc/d10t5y) –– and, very kindly, how/whether that affected me personally. As I thought other people might be interested, here’s a couple of things.
      Secondary things first: the decision, whatever it is, does not affect me directly, as PUC-Rio is thankfully under the jurisdiction of a rather more stable authority, the Vatican. (Well, the Jesuits, technically –– and let me tell you, one really comes to appreciate the charms of actual warrior priests when faced with the Holy Crusade LARPers we currently have in power.) Indirectly, however, this decision, whatever it is, can have effects across the board.

      “Whatever it is” is the main thing at this point. There is no decision as such yet, and the announcement is quite vague, possibly because, not having much of a clue how the state machine works, they still don’t know how to implement it. “Decentralising funds” doesn’t really mean anything, and public universities have autonomy to employ their resources, so “defunding the humanities” is not something Brasília can decide like that. What this can mean in the long run, however, is two things. One is something that has already been happening for a while and was already expected to get worse: a substantial cut in research funding across the board, but especially for the humanities. This does have an impact on non-public universities as well, or at least the few like PUC that do research, since the vast majority of research in Brazil is publicly funded, particularly in the humanities. The other thing, which was also expected to some extent, is that the new chancellors the government will pick for federal universities will be politically and ideologically aligned with it, and will implement this policy.

      It is worth pointing out that, because of the notoriously perverse way HE recruitment works in Brazil, the humanities tend to be the courses of choice for the students who went to the worst schools (read poor, black, brown, indigenous), as they’re easier to get into. So defunding the humanities is indirectly also a policy of restricting access to HE, reverting the positive trend of expansion established in the last two decades. With the economic crisis, of course, that reversal had already begun.

      Now, as for the context. This government’s ideological core is not just anti-intellectual, but made up of wannabe alt-right ideologues, conspiracy nuts and a bunch of ressentis who managed to square their belief in free competition with their utter failure in life by constructing the fantasy of a communist-globalist plot against the(ir) world. Less charmingly, they are historical revisionists (regarding the dictatorship, the Nazis, slavery...) and climate denialists. It is therefore in their interest to eliminate anything that refers to a reality other than the one they have fabricated or deals with the development of critical tools for analysing evidence. This extends to the war they are already waging against the state departments that deal with the census, statistics and applied research. The more they can make the world inaccessible by either fact or interpretation, the freer they are from the resistance imposed by reality –– including from the very possibility of statistically assessing the impact that their actions will have.

      Why now, though? Bolsonaro is too divisive and politically inept, his programme potentially too harmful, to build a stable majority. It’s still unclear whether he can deliver a pension reform, which is essential to ensure the continuing support of big capital, and his popularity rates have taken a considerable fall since January, especially among the poor. (See: https://tinyurl.com/yyl2kff7). He knows, on the other hand, that his greatest asset is a very engaged core base of true believers. US friends will be familiar with this behaviour from Trump: whenever the boat rocks, he will throw his base a bait, and this is mostly what this announcement is.

      Unlike Trump, Bolsonaro doesn’t even have economic recovery going for him, so if things remain as they are, we should expect him to become more divisive, and his support to become more unstable (in every sense). But there’s another political rationale to this attack specifically. As more poor people were making it into university, especially in the humanities, the left was also losing most of its direct presence in the peripheries and favelas. This means that this layer of the university-educated poor, who have increasingly taken on a protagonist role, have become central to any future left strategy in the country. This was the background from which hailed Marielle Franco, an object of especially vicious hate for Bolsonarismo, and in relation to whose death they still have serious questions to answer (https://tinyurl.com/y3btg54d).

      If you’re worried and you’d like to help, stay tuned to this story, stay in touch with colleagues in Brazil or in your countries/institutions who are doing stuff on Brazil, keep an eye on the news and be ready to call out reporting in your countries that normalises the absurdity of so much that’s going on. It might be a tad premature right now, but motions from union branch and professional association motions might be in a good order at some point; every little bit helps. It is likely that there’ll be opportunities in the future for putting pressure on foreign governments to get them to put pressure on Brazil to curb the worst impulses of this government. Several measures announced in these early months were retracted once there was some pushback, so that does not seem a far-fetched possibility. In the meantime, you might consider circulating this manifesto by 600 scientists from all over the world demanding that the EU hold Brazilian trade to minimal indigenous rights and environmental standards: https://science.sciencemag.org/content/364/6438/341.1. This is the kind of thing we’ll probably be seeing more of in the near future.

    • MEC bloqueia 30% do orçamento de três universidades federais; outras unidades também são atingidas

      Mãos de tesoura Entidades que monitoram o investimento no ensino superior detectaram novo bloqueio de verbas de instituições federais no fim de abril, após Abraham Weintraub assumir o Ministério da Educação. Cerca de R$ 230 milhões foram contingenciados.

      Mãos de tesoura 2 Várias unidades do país sofreram com o congelamento de valores previstos no orçamento de investimentos e outras despesas correntes, mas o volume da tesourada em três universidades chamou a atenção: a Federal da Bahia, a de Brasília e a Federal Fluminense.

      Mãos de tesoura 3 De acordo com números preliminares, o valor bloqueado nas três entidades corresponde a mais da metade do contingenciamento imposto a todas as universidades. Procurado, o MEC informou que UFBA, UnB e UFF tiveram 30% das dotações orçamentárias bloqueadas.

      Mãos de tesoura 4 Em nota, a pasta disse que “estuda os bloqueios de forma que nenhum programa seja prejudicado e que os recursos sejam utilizados da forma mais eficaz. O Programa de Assistência Estudantil não sofreu impacto em seu orçamento.”

      Verão passado Em 2018, a UFF foi palco de um rumoroso “ato contra o fascismo”, na reta final da eleição presidencial. Já a UnB foi palco recentemente de debates com Fernando Haddad (PT) e Guilherme Boulos (PSOL).

      https://outline.com/NwUD9a

    • British Philosophical Association Defends Philosophy in Brazil

      The Executive Committee of the British Philosophical Association (BPA) has issued a statement responding to Brazil’s president, Jair Bolsonaro, who last week proposed that federal funding for the study and teaching of philosophy and sociology be ended.


      The statement reads:
      The British Philosophical Association is highly alarmed by President Bolsonaro’s plans to remove funding from Philosophy and Sociology in Brazilian Universities. Such a move is not in Brazil’s interests – having well-funded, vibrant, internationally-connected philosophy and sociology departments is crucial to healthy universities and, by extension, to healthy societies. Philosophers, alongside colleagues in the humanities, arts and social sciences, have a crucial role in helping us to understand, question, invent and reinvent the communities, towns, cities, societies and economies in which we exist. They help us understand what is valuable and why. They help us understand the results and implications of the fruits of science and technology.

      The proposal to defund philosophy departments in Brazil is bad for philosophy as a worldwide discipline; philosophy directly benefits from the diversity of experiences of the people that contribute to it. Brazil has been home to generations of distinguished philosophy scholars: Paulo Freire, Oswaldo Chateaubriand, Newton da Costa, Walter Carnielli, Itala D’ottaviano, Vladimir Safatle, Ana Paula Cavalcanti Simioni to name but a few. Brazil’s philosophy departments attract visiting philosophers from all over the world to study alongside leading figures. Brazil’s universities have produced philosophers who have gone on to work at leading universities around the world; for example, Roberto Mangabeira Unger is Professor at Harvard Law School, and two of the three Editors-in-Chief of Synthese, one of the world’s top ranking philosophy journals, are Brazilian and trained at the University of Sao Paulo – Catarina Dutilh Novaes and Otavio Bueno.

      This move strikes a blow against academic freedom and freedom more broadly; while President Bolsonaro’s statements have been framed as an attempt to channel investment towards programmes of study which might provide shorter-term benefits to Brazil’s economy, the BPA note that authoritarian governments often attempt to silence philosophers and sociologists as a move to make it more difficult for people to express views critical of those in power. The British Philosophical Association calls on leaders around the world to urge President Bolsonaro to reconsider this move.

      http://dailynous.com/2019/05/01/british-philosophical-association-defends-philosophy-brazil

    • La direction du président Jair Bolsonaro (PSL) a bloqué les dernières heures de bourses d’études et de doctorat offertes par Capes (Coordination pour l’amélioration du personnel de l’enseignement supérieur).
      Selon les informations communiquées par les coordonnateurs de programme, les fonds inutilisés temporairement auraient été retirés du système d’agence de développement rattaché au ministère de l’Éducation.

      Les bourses ont été accordées à des étudiants ayant déjà défendu leur travail récemment et seraient destinées à des étudiants approuvés dans le cadre de processus de sélection terminés ou en cours.

      La coupure a pris les universités par surprise a touché non seulement les domaines de l’homme, mais la direction du ministre Abraham Weintraub a déclaré que ce n’était pas la priorité des investissements publics, mais également de la science.

      À l’Institute of Biosciences of USP, 38 bourses d’études ont été coupées - 17 masters, 19 doctorats et deux postdoctoraux.
      voir plus :

      https://www.tudosobreposgraduacao.com/post/gest%C3%A3o-bolsonaro-faz-corte-generalizado-em-bolsas-de-pes

  • 7 Types of Negotiations Every Entrepreneur Faces
    https://hackernoon.com/7-types-of-negotiations-every-entrepreneur-faces-1b75e58272e6?source=rss

    We often think of the art of #negotiation as the sole domain and expertise of lawyers and law makers. It is often accompanied by contracts, money transfers and large deals, which due to their sensitivity are managed by law firms. However, negotiation is a skill we all have to master in our day-to-day lives. Think of that time you negotiated your salary bump, your rent lease contract and even the location of your family vacation. These are all negotiations in which you could have used the skills and tools used by professional negotiators.I recently graduated from the Executive Program on Negotiation from Harvard Law School. During this program I had a great chance to learn and practice negotiation skills from the top negotiators in the world.Being an entrepreneur, I have never considered (...)

    #startup #startup-life #entrepreneurship

  • “The crucial question concerning capital punishment is not whether people deserve to die for the crimes they commit, but rather whether we deserve to kill.”

    A Presumption of Guilt
    http://www.nybooks.com/articles/2017/07/13/presumption-of-guilt

    “Late one night several years ago, I got out of my car on a dark midtown Atlanta street when a man standing fifteen feet away pointed a gun at me and threatened to “blow my head off.” I’d been parked outside my new apartment in a racially mixed but mostly white neighborhood that I didn’t consider a high-crime area. As the man repeated the threat, I suppressed my first instinct to run and fearfully raised my hands in helpless submission. I begged the man not to shoot me, repeating over and over again, “It’s all right, it’s okay.”

    The man was a uniformed police officer. As a criminal defense attorney, I knew that my survival required careful, strategic thinking. I had to stay calm. I’d just returned home from my law office in a car filled with legal papers, but I knew the officer holding the gun had not stopped me because he thought I was a young professional. Since I was a young, bearded black man dressed casually in jeans, most people would not assume I was a lawyer with a Harvard Law School degree. To the officer threatening to shoot me I looked like someone dangerous and guilty.

    I had been sitting in my beat-up Honda Civic for over a quarter of an hour listening to music that could not be heard outside the vehicle. There was a Sly and the Family Stone retrospective playing on a local radio station that had so engaged me I couldn’t turn the radio off. It had been a long day at work. A neighbor must have been alarmed by the sight of a black man sitting in his car and called the police. My getting out of my car to explain to the police officer that this was my home and nothing criminal was taking place prompted him to pull his weapon.

    Having drawn his weapon, the officer and his partner justified their threat of lethal force by dramatizing their fears and suspicions about me. They threw me on the back of my car, searched it illegally, and kept me on the street for fifteen humiliating minutes while neighbors gathered to view the dangerous criminal in their midst. When no crime was discovered and nothing incriminating turned up in a computerized background check on me, I was told by the two officers to consider myself lucky. While this was said as a taunt, they were right: I was lucky.”

  • Woman who sued convicted billionaire over sex abuse levels claims at his friends - POLITICO.com
    http://www.politico.com/blogs/under-the-radar/2014/12/court-filing-levels-sex-claims-at-alan-dershowitz-200495.html

    A woman allegedly kept as a sex slave by politically-connected billionaire investor Jeffrey Epstein, who went to jail for having sex with underaged girls, is accusing several prominent friends of the financier of having taken part in the debauchery, according to a new court filing.

    The woman—referred to in court papers as Jane Doe #3—leveled the allegations Tuesday against Harvard Law School professor Alan Dershowitz and Britain’s Prince Andrew, as well as British socialite Ghislaine Maxwell and French model scout Jean Luc Brunel.

    Dershowitz flatly denied the claims about him Wednesday in an interview with POLITICO.

    “It’s totally, unequivocally and completely false,” the celebrated attorney said.

    A spokesman for Prince Andrew denied the allegations Friday, while a lawyer who handled related matters for Maxwell did not respond to an e-mail seeking comment. Representatives of Brunel’s modeling firm also did not reply to e-mail messages.

    #viol

  • Why Is ‘The_New Republic’ Taking Money From an NSA Contractor to Run Defenses of the NSA? | The Nation
    http://www.thenation.com/blog/177688/why-new-republic-taking-money-nsa-contractor-run-defenses-nsa

    The National Security Agency has a friend at the Harvard Law School. And at the Brookings Institution. And at The New Republic. And at The Washington Post.

    Benjamin Wittes, who is not a lawyer, is a senior fellow in governance studies at the Brookings Institution, where he is “Research Director in Public Law, and Co-Director of the Harvard Law School-Brookings Project on Law and Security.” He also has a Web site, Lawfare, where he’s been blogging on the report on the abuses of the National Security Agency just out from the President’s Review Group on Intelligence and Communication Technologies, in terms highly favorable to the super-secretive and media-shy agency. He also enjoys extraordinary access to the NSA, for instance in this series of podcasts with its top officials. (“We Brought In a Recoding Device So You Don’t Have To,” the series is titled—cute!)

    Why is Lawfare the NSA’s media portal of choice? Well, consider this. Lawfare, in turn, partners with The New Republic, where this post was republished in its entirety. The joint Lawfare/TNR project is titled “Security States,” and it is sponsored, Wittes proudly notes, by the Northrop Grumman Corporation. Grumman, in turn, is a major NSA contractor—see this $220 million deal it scored with the NSA “to develop an advanced information management and data storage system that will support efforts to modernize the nation’s electronic intelligence and broader signals intelligence capabilities,” a fact TNR does not disclose to its readers.

    And the NSA is apparently well-pleased with the arrangement. “Check out Lawfare’s interview with NSA’s acting Deputy Director Fran Fleisch,” the agency enthused today, one of the NSA’s public affairs office’s six breathless tweets booming “Lawfare” over the past five days. Surely they also enjoy the laundering of the content of “the indispensable Lawfare blog” through The Washington Post, courtesy of its hack right-wing blogger Jennifer Rubin. (“The NSA will falter unless Obama does his job.”)

    Meanwhile, Wittes’s Lawfare co-blogger Jack Goldsmith, late of George W. Bush’s Pentagon and Justice Department, is a professor at the Harvard Law School, but does not disclose any conflict of interest, as most Harvard Law professors do, for being part of such a project sponsored by a commercial entity.

    Let’s hear from Professor Goldsmith as to whether he is paid by Northrop for his posts at Lawfare, and whether he thinks he has disclosed that to his Harvard employers, and whether he should make the arrangement public. Let’s hear from The New Republic. Why is it taking money from an NSA contractor to run defenses of the NSA? I’ll be sending this post straightaway to TNR editor Franklin Foer, an old friend. And I’ll e-mail it too Professor Goldsmith, too. I’ll let you know what they say.

    #conflit_d’intérêt

  • Obama’s uncle contradicts White House, says Obama stayed with him in 1980s
    http://www.washingtonpost.com/blogs/post-politics/wp/2013/12/03/obamas-uncle-contradicts-white-house-says-obama-stayed-with-him-in-1980s/?tid=pm_politics_pop

    President Obama’s uncle said at a deportation hearing Tuesday that Obama stayed with him while he was a student at Harvard Law School in the 1980s — despite the White House having said that Obama never met the man.

    Onyango “Omar” Obama, 69, was arrested for drunk driving in 2011 and faced deportation after living in the United States for five decades. The judge decided to let the Kenyan national remain in the United States.

  • Canada’s snubbing of asylum-seekers spurs human smuggling : Harvard study

    OTTAWA — A new Harvard Law School study paints a scathing portrait of Canada as a country that’s increasingly slamming its doors on asylum-seekers and thereby unwittingly contributing to the human smuggling crisis.

    http://www.ctvnews.ca/canada/canada-s-snubbing-of-asylum-seekers-spurs-human-smuggling-harvard-study-1.15

    #asile #réfugié #migration #Canada #passeurs #trafiquants

  • Asia Times Online :: Obama dips toe in Syrian Rubicon
    http://www.atimes.com/atimes/World/WOR-01-040913.html
    By M K Bhadrakumar , 4 septembre 2013

    A leading international authority on the subject, Professor Jack Goldsmith at the Harvard Law School (who previously served as US Assistant Attorney General in the Office of Legal Counsel and also as Special Counsel to the Department of Defense, apart from being a member of the Hoover Institution Task Force on National Security and Law) warned on Sunday, “There is much more here [in the proposed AUMF] than at first meets the eye.”

    In a detailed commentary for the Lawfare journal, the professor wrote:

    It [AUMF] authorizes the President to use any element of the US Armed Forces and any method of force. It does not contain specific limits on targets - either in terms of the identity of the targets (eg the Syrian government, Syrian rebels, Hezbollah, Iran) or the geography of the targets.

    Does the proposed AUMF authorize the President to take sides in the Syrian Civil War, or to attack Syrian rebels associated with al Qaeda, or to remove Assad from power? Yes, as long as the President determines that any of these entities has a (mere) connection to the use of WMD in the Syrian civil war, and that the use of force against one of them would prevent or deter the use or proliferation of WMD within, or to and from, Syria, or protect the US or its allies (eg Israel) against the (mere) threat posed by those weapons. It is very easy to imagine the President making such determinations with regard to Assad or one or more of the rebel groups.

    Does the proposed AUMF authorize the President to use force against Iran or Hezbollah, in Iran or Lebanon ? Again, yes, as long as the President determines that Iran or Hezbollah has a (mere) connection to the use of WMD in the Syrian civil war, and the use of force against Iran or Hezbollah would prevent or deter the use or proliferation of WMD within, or to and from, Syria, or protect the US or its allies (eg Israel) against the (mere) threat posed by those weapons.

    The proposed Syrian AUMF is worth a lot, for it would (in sum) permit the President to use military force against any target anywhere in the world (including Iran or Lebanon) as long as the President, in his discretion, determines the target has a connection to WMD in the Syrian civil war and the use of force has the purpose of preventing or deterring (broad concepts) the use or proliferation of WMDs in, to, or from Syria, or of protecting the US and its allies from the mere threat (again, a broad concept) of use or proliferation of WMDs connected to the Syrian conflict.

    Congress needs to be careful about what it authorizes. [Italics as in original text.]

  • Journalism, Even When It’s Tilted - NYTimes.com
    By David Carr
    June 30, 2013
    http://www.nytimes.com/2013/07/01/business/media/journalism-is-still-at-work-even-when-its-practitioner-has-a-slant.html?pag

    #Journaliste ou #militant ? | Courrier international
    http://www.courrierinternational.com/article/2013/07/16/journaliste-ou-militant #whistleblower

    Tous les militants ne sont pas journalistes, mais tous les vrais journalistes sont des militants. Il existe une valeur, un but propres au journalisme : servir de contre-pouvoir.”

  • Obama in the Debate
    http://english.al-akhbar.com/blogs/angry-corner/obama-debate

    Romney is quite different: while he is a right-wing conservative (at least in his recent rebirth), he has a sunny personality and has the advantage of being constantly underestimated. Romney does not come across as very intelligent, but people forget that he attended Harvard Law School AND Business School simultaneously, and was top ranked at both of them. And he came to the debate very prepared, as he always does.