A place were I can write...

My simple blog of pictures of travel, friends, activities and the Universe we live in as we go slowly around the Sun.



October 31, 2022

Will spill tax fraud......

Trump Org. CFO will spill tax fraud to New York jury, prosecutors say

In opening statements, Manhattan prosecutors promised the 'inside story' from former Trump Organization money man Allen Weisselberg.

By ERIN DURKIN

Convicted ex-Trump Organization CFO Allen Weisselberg will give the “inside story” of how the company allegedly used years-long tax fraud scheme to boost executive pay, Manhattan prosecutors said Monday.

The teaser came during opening remarks in the firm’s long-awaited New York Supreme Court criminal trial — one case in an increasingly complex web of legal woes for former President Donald Trump. The former president is not involved in the case, but the charges could lead to financial penalties for the Trump Organization if a jury finds it engaged in a 15-year scheme to pay Weisselberg off the books.

“This case is about greed and cheating, cheating on taxes,” Susan Hoffinger, the chief of investigations for Manhattan District Attorney Alvin Bragg, told the court on Monday. “The scheme was conducted, directed and authorized at the highest level of the accounting department.” Weisselberg’s testimony “will give you the inside story of how he conducted this tax scheme.”

In opening statements, Hoffinger detailed allegations that Trump personally paid private school tuition for Weisselberg’s grandchildren and signed a lease for the top lieutenant’s Upper West Side apartment overlooking the Hudson River, because he wanted him to live in Manhattan rather than commuting from Long Island.

Trump Corp. attorney Susan Necheles, meanwhile, tried to insulate the former president and urged the jury not to let their opinions of Trump cloud their judgment.

“You must not consider this case to be a referendum on President Trump or his politics,” she said. “It started and it ended with Allen Weisselberg. Allen Weisselberg did this.”

Weisselberg pleaded guilty in August to all 15 counts he faced, including tax fraud and larceny. Now he’ll play star witness in the expected month-long trial, where prosecutors must convince a jury that Trump Org. units — the Trump Corporation and Trump Payroll Corporation — share responsibility for concealing $1.76 million in compensation.

Necheles claimed Weisselberg was only implicating the company to avoid a lengthy prison sentence. If he fulfills his plea agreement and testifies truthfully, he is expected to be sentenced to five months on Rikers Island. Should he violate the deal, he could face up to 15 years in prison.

“The prosecutors had him paraded in front of cameras in handcuffs. Mr. Weisselberg realized he was facing not just public humiliation, but a potential jail sentence that could be years long,” she said. “I will ask you to consider the extreme pressure he is under.”

Prosecutors said Weisselberg and corporate defendants also dodged taxes by reporting some of his bonuses as being paid to an independent contractor rather than an employee. They also failed to disclose that he lived in New York City, allowing him to avoid paying local income taxes.

Weisselberg reported directly to Trump for 35 years, Hoffinger said. And Trump so confided in him that he made Weisselberg a trustee when he became president and put his personal assets in a trust. The fraudulent tax practices came to an end after Trump became president, prompting the company to clean up its act out of concern for increased scrutiny, the assistant DA said.

If convicted, the company could be fined $1.6 million. The corporations are charged with nine felony counts, including criminal tax fraud, conspiracy and falsifying business records.

The case is one of a slew of legal threats bearing down on the former president. Also in New York, Attorney General Tish James brought a lawsuit against Trump, his children and his company last month, accusing them of large-scale fraudulent financial practices.

That suit charges Trump falsely inflated his assets for more than a decade and seeks to bar him and his family members from engaging in real estate transactions or serving as officers of any business in New York.

A separate Justice Department investigation into Trump’s handling of classified documents led to an FBI raid of his Mar-a-Lago estate in Florida, where reams of documents were seized.

A broader criminal investigation by the Manhattan DA into Trump’s business practices also remains open, though it stalled early this year when Bragg declined to bring charges against Trump personally. Bragg was in the courtroom for Monday’s opening argument.

Prosecutors hoped to compel Weisselberg to cooperate with that broader probe, but he did not agree to do so as part of his plea deal.

Crying to the court again....

Trump asks Supreme Court to stop IRS from turning over his tax returns to the House

By Tierney Sneed

Former President Donald Trump has asked the Supreme Court to put on hold the release of his tax returns by the Internal Revenue Service to a Democratic-led House committee.

Trump filed the emergency request on Monday with the high court after a federal appeals court cleared the way last week for the returns to be disclosed to the House Ways and Means Committee in the coming days.

The case is the most direct way for the House to obtain Trump’s federal tax returns after pursuing them in different avenues for years.

The Trump team wants the Supreme Court to put the release of the tax returns on pause while the justices consider whether to take up a case reviewing the lower court rulings okaying their disclosure.

The new filing asks the court to put an administrative hold on the release of the tax returns by Wednesday, as the US DC Circuit Court of Appeals ruling allowing for their disclosure goes into effect on Thursday.

“No Congress has ever wielded its legislative powers to demand a President’s tax returns,” Trump argued to the Supreme Court, as he warned of the “far-reaching implications” implications of the DC Circuit’s ruling.

He wrote that that the way lower courts approached the House request ran afoul of the Supreme Court’s ruling in the Mazars case, concerning a subpoena that the House issued Trump’s accounting firm for his tax information.

Spotted hiding in the sun’s glare

‘Planet killer’ asteroid spotted hiding in the sun’s glare

By Ashley Strickland

Astronomers have spotted three near-Earth asteroids that were lurking undetected within the glare of the sun. One of the asteroids is the largest potentially hazardous object posing a risk to Earth to be discovered in the last eight years.

The asteroids belong to a group found within the orbits of Earth and Venus, but they’re incredibly difficult to observe because the brightness of the sun shields them from telescope observations.

To avoid the sun’s glare, astronomers leaped at the chance to conduct their observations during the brief window of twilight. An international team spied the space rocks while using the Dark Energy Camera located on the VĂ­ctor M. Blanco 4-meter Telescope located at the Cerro Tololo Inter-American Observatory in Chile.

Their findings were published Monday in The Astronomical Journal.

One of the asteroids, called 2022 AP7, is 1.5 kilometers (0.9 miles) wide and has an orbit that could bring it within Earth’s path in the future, but it’s difficult for the scientists to know when.

“Our twilight survey is scouring the area within the orbits of Earth and Venus for asteroids,” said lead study author Scott S. Sheppard, an astronomer at the Earth & Planets Laboratory of the Carnegie Institution for Science in Washington, DC, in a statement.

“So far we have found two large near-Earth asteroids that are about 1 kilometer across, a size that we call planet killers.”

Scientists determined that the asteroid crosses Earth’s orbit, but it occurs when Earth is on the opposite side of the sun – this pattern will continue for centuries since it takes the asteroid five years to complete an orbit around the sun. But over time, the asteroid’s orbital movement will be more in sync with Earth’s. Scientists don’t know the asteroid’s orbit with enough precision to say how dangerous it could become in the future, but for now, it “will stay well away from Earth,” Sheppard said.

A near-Earth asteroid measuring 1 kilometer (0.6 mile) or larger “would have a devastating impact on life as we know it,” he said. Dust and pollutants would fill the atmosphere for years, cooling the planet and preventing sunlight from reaching Earth’s surface.

“It would be a mass extinction event like hasn’t been seen on Earth in millions of years,” Sheppard said.

The team expects to find more planet killer asteroids in their survey over the next couple of years. Scientists believe there are about 1,000 near-Earth objects larger than 1 kilometer in size, and surveys over the last decade have found about 95% of them.

The other two asteroids, 2021 LJ4 and 2021 PH27, are on much safer orbits that don’t pose a risk to Earth.

Astronomers are intrigued by 2021 PH27, however, because it’s the closest known asteroid to the sun. As the space rock moves closer to our star, its surface reaches temperatures hot enough to meld lead.

Asteroid-hunting astronomers face quite a challenge if they want to find space rocks within the inner solar system – which includes Mercury, Venus, Earth, Mars and the main asteroid belt. In order to avoid the harsh light of the sun, they only have two 10-minute windows each night to sweep the area with ground-based telescopes.

During twilight, astronomers still face the complications of a bright sky in the background due to the sun. And in order to search the inner solar system, their telescopes must focus near the horizon, which means they have to peer through Earth’s thick atmosphere and its blurring effects.

If things sound complicated for ground-based telescopes, observations of the inner solar system are impossible for space-based telescopes like Hubble and James Webb because the sun’s heat and intense light could fry their instruments, which is why both space observatories are pointed away from the star.

The Dark Energy Camera’s wide-field capability helped astronomers overcome their observational challenges and they were able to sweep vast stretches of the night sky in detail.

“Large areas of sky are required because the inner asteroids are rare, and deep images are needed because asteroids are faint and you are fighting the bright twilight sky near the Sun as well as the distorting effect of Earth’s atmosphere,” Sheppard said. “DECam can cover large areas of sky to depths not achievable on smaller telescopes, allowing us to go deeper, cover more sky, and probe the inner Solar System in ways never done before.”

Near-Earth objects are asteroids and comets with an orbit that places them within 48.3 million kilometers (30 million miles) from Earth. Detecting the threat of near-Earth objects that could cause grave harm is a primary focus of NASA and other space organizations around the world.

No asteroids are currently on a direct impact course with Earth, but more than 27,000 near-Earth asteroids exist in all shapes and sizes.

While NASA recently proved it can successfully alter the motion of an asteroid in space with September’s Double Asteroid Redirection Test, or DART mission, astronomers first must find space rocks that pose a threat to our planet. Instruments like the Dark Energy Camera, as well as future space-based observatories like the Near Earth Object Surveyor, can pinpoint previously unknown asteroids.

Studying and understanding asteroid populations will also help scientists learn the distribution and dynamics of space rocks – like how the heat of the sun can fracture and fragment them over time.

“Our DECam survey is one of the largest and most sensitive searches ever performed for objects within Earth’s orbit and near to Venus’s orbit,” Sheppard said. “This is a unique chance to understand what types of objects are lurking in the inner Solar System.”

Eyeing Social Security Cuts

Watch Barack Obama Attack a GOP Senator for Eyeing Social Security Cuts

“You know why they have Social Security? Because they worked for it.”

DAN FRIEDMAN

Barack Obama is campaigning in key battleground states for Democrats ahead of the midterm election. And in remarks Saturday, as he laid into Sen. Ron Johnson (R-Wis.) for threatening cuts to Social Security benefits, the former president reminded everyone of just how good a communicator he is.

“Some of you here are on Social Security,” Obama said in a packed gymnasium at a Milwaukee high school, in support of Wisconsin Democrats, Governor Tony Evers, and the state’s Lieutenant Governor Mandela Barnes, who is challenging Johnson. “Some of your parents are on Social Security. Some of your grandparents are on Social Security. You know why they have Social Security? Because they worked for it,” Obama said, drawing cries of “yes” and loud applause. “They worked hard jobs for it. They have chapped hands for it. They had long hours and sore backs and bad knees to get that Social Security.” 

“And if Ron Johnson does not understand that,” the former president continued. “If he understands giving tax breaks for private planes more than he understands making sure that seniors who’ve worked all their lives are able to retire with dignity and respect—he’s not the person who’s thinking about you, and knows you, and sees you, and he should not be your senator from Wisconsin.”

In his efforts to boost Democratic turnout on November 8, Obama also campaigned in Detroit Saturday for Michigan Governor Gretchen Whitmer, the day after he attending a rally in Georgia for Sen. Raphael Warnock and gubernatorial candidate Stacey Abrams. Next on his schedule is Nevada on Tuesday, where he will campaign for Democrats including Sen. Catherine Cortez Masto, whose race against Republican Adam Laxalt—who has embraced Donald Trump’s election fraud lies—is a dead heat. On the Saturday before the election, Obama will join his former Vice President, now President Joe Biden, in the critically important state of Pennsylvania. 

In Milwaukee, the former president argued that Republicans hope to take advantage of inflation and other economic problems without offering real proposals for addressing them. “When gas prices go up, when grocery prices go up, that takes a bite out of people’s paycheck. That hurts,” Obama said. “But the question you should be asking is: Who’s going to do something about it? Republicans are having a field day running ads talking about it, but what is their actual solution to it?”

“I’ll tell you,” he continued. “They want to gut Social Security, then Medicare, and then give some more tax breaks to the wealthy.”

Racism is still going strong in America of Whitey...

The Supreme Court Is Set to Kill Affirmative Action. Just Not for Rich White Kids.

The dirty secrets of elite college admissions.

EVAN MANDERY

When he was eight years old, Michael Wang decided he wanted to go to Harvard. “I don’t know if it’s the Asian stereotype,” he told me, “but I saw it as an avenue to social mobility.” Though he wouldn’t have thought of it in these terms when he was eight, Michael meant the sort of upper-echelon mobility familiar to graduates of elite colleges. Specifically, he wanted to be a neurosurgeon. Because he was that sort of kid, he read several peer-reviewed articles about cloning and checked the authors’ credentials. When he saw that many of the researchers had gone to Harvard, he knew that was the college for him.

From that point forward, Michael’s parents made it their life’s work to help their only child achieve his goal. Michael’s dad—who goes by Jeff—had a sense of what it would take. He’d come to the United States from Shanghai in the 1980s, as part of the wave of Chinese students who emigrated to the West when Deng Xiaoping implemented the Four Modernizations following Mao Zedong’s death. Jeff got a PhD in physics from the University of Wisconsin-Madison, worked in banking for a while, and then transitioned to tutoring math and science. Today he runs a Mathnasium franchise in Union City, California, where Michael grew up. Many of his students went on to top colleges, and Jeff watched and emulated the parents’ tactics. Sociologist Ann Lareau would call it concerted cultivation. Yale law professor Amy Chua might say that he became a Tiger Dad.

In fifth grade, Jeff persuaded the school district to let Michael take algebra. Each day, Jeff picked his son up at his elementary school and drove him to the middle school for his advanced math class. In seventh grade, he collected Michael at the middle school and drove him to a local high school to take Algebra II. By his sophomore year, Michael had finished BC Calculus. He ended up taking 15 AP courses. Michael’s 4.67 GPA made him salutatorian of his class. He got a perfect score on the ACT and nearly aced the SAT, too, with scores that put him squarely in the 99th percentile. He also played piano, debated at a high level, and founded a math club. In the fall of 2012, Michael sent off his college applications—about 25 in all—with optimism and the satisfaction of knowing he’d done everything within his power to increase his chances of getting into a top college.

To say he was disappointed by the replies would be a vast understatement. By any ordinary standard, Michael did quite well, and he’s soberer about the experience in retrospect, but at the time he felt devastated. Yale said no. Princeton said no. Stanford said no. Harvard put him on the waitlist. Then it said no. Columbia did the same thing. He wasn’t consoled by Berkeley’s offer of a free ride or by Penn and Georgetown’s offers of half scholarships. “I was definitely disappointed receiving that many rejections,” Michael told me when I spoke with him for my new book, Poison Ivy: How Elite Colleges Divide Us, from which this story is adapted. “I thought to myself, ‘What more can I do at this point?’ ” He decided to go to Williams, which offered to cover 90 percent of his tuition.

If Michael Wang’s story ended here, it’d be typical of high achievers in the modern era, in which acceptance rates at the Ivies and other elite schools hover around 5 percent. At this point, though, Michael did something decidedly atypical: He wrote the colleges asking why he’d been rejected and suggested that he’d been the victim of discrimination. Ten years later, he still has their replies. Yale’s dean of undergraduate admissions wrote that the college believed that its policies “do not disadvantage Asian American students relative to majority white students in a holistic admissions review, and also that we are in compliance with all relevant legal requirements.”

Not surprisingly, Yale’s letter didn’t make Michael feel much better. He obsessed about the matter during his freshman year. Over summer vacation, he read US Supreme Court decisions on affirmative action and The Chosen, Berkeley sociologist Jerome Karabel’s definitive history of college admissions at Harvard, Yale, and Princeton. Karabel recounted how Jews had accounted for more than 20 percent of Harvard freshmen in the 1920s until Harvard’s president, A. Lawrence Lowell, warned that the “Jewish invasion” would “ruin the college,” and proposed to cap their numbers at 15 percent. An expository writing teacher at Harvard argued in a New York Times op-ed that Asians had become the new Jews. More than half of Harvard applicants with exceptionally high SAT scores were Asian, yet they made up less than 20 percent of admitted students. And while they were the fastest growing racial group in America, their numbers at Harvard hadn’t increased in decades.

In 2014, Michael, by then a student at Williams, filed a complaint with the Department of Education’s Office for Civil Rights. “As recipients of federal funding,” he wrote, “these private universities cannot discriminate on the basis of race, sex, gender, sexual orientation, age, disability, etc. Yet, they all resort to race-conscious admissions practices that violate existing federal laws and infringe upon my rights guaranteed by the Constitution.” The universities, he said, were guilty of race-norming—meaning they were evaluating test scores and other metrics differently depending on the race or ethnicity of the applicant. Though Michael asked for his admissions decisions to be reconsidered without reference to race, he understood there was almost no chance of this happening. “My concern was helping out high school friends who were juniors,” he says. “These policies affect a lot of people.”

Investigators from three different offices of the Department of Education reached out to Michael. A lawyer in the department’s Boston office told him that they’d been investigating Harvard since the 1990s, but as Michael puts it, they didn’t have a smoking gun. He did what he could to advance the cause. In July 2014, he wrote an op-ed in the Mercury News against SCA-5, a bill that would have reinstated affirmative action in California, where it had been illegal since 1996. SCA-5 went down.

By this time, Michael had caught the eye of Ed Blum. Blum is the only person I’ve ever heard of whose Wikipedia title is “litigant.” He was the architect of Shelby County v. Holder, the 2013 Supreme Court decision that eviscerated the Voting Rights Act of 1965, and Fisher v. University of Texas, a 2016 decision that, but for Antonin Scalia’s untimely death, would have gutted affirmative action. Blum called Michael at Williams, said that he was gathering potential plaintiffs for a lawsuit against Harvard, and asked whether Michael would be willing to serve as their spokesperson.

Michael said yes.

Students for Fair Admissions v. Harvard is the most significant challenge to affirmative action in a generation. The Supreme Court hears oral arguments in the case on October 31, and given the court’s current makeup, it is widely expected that it will rule against Harvard and end the practice as we’ve known if for the past half century. “Harvard does not discriminate,” Lawrence S. Bacow, the school’s president, insisted in a statement responding to the Supreme Court taking the case. “[O]ur practices are consistent with Supreme Court precedent; there is no persuasive, credible evidence warranting a different outcome.”

But though it may seem paradoxical, it’s important to understand that this construction is in large part Harvard’s own doing, the consequence of its stubborn insistence—which all elite schools share—on preserving the status quo in US college admissions, almost every aspect of which is slanted in favor of kids from wealthy, overwhelmingly white, families. If nothing else, SFFA v. Harvard demonstrated this conclusively through discovery—the pretrial production of documents and deposition testimony—which opened the first significant window into Harvard’s previously opaque admissions process.

Throughout that process, officers are allowed to give “tips”—extra points—to applicants for “distinguishing excellences.” These include capacity for leadership, creative ability, and geography. They also include economics, race, and ethnicity. This speaks directly to a 1978 Supreme Court decision, Regents of the University of California v. Bakke, which held that racial quotas are unconstitutional, but that race could be considered as a “plus” factor. If the high court now eliminates racial preferences, any college inclined to do so could still diversify along socioeconomic or geographic lines. But as we will see, those paths require upsetting the status quo to surrender some of the advantage afforded to wealthy applicants. And it’s hard to be too optimistic about the prospect of elite schools doing so after seeing how Harvard makes its high-end sausage.

Harvard divides applications into geographic dockets based on high school location. Each is initially reviewed by an admissions officer assigned to that docket, who rates the applicant based on academics; extracurriculars; athletics; personal qualities—including integrity, helpfulness, courage, kindness, empathy, self-confidence, maturity, and grit—and school support, which basically means the strength of the applicant’s recommendations. This “first reader” also gives a summary rating. The vast majority of students also sign up for an interview with one of 15,000 alumni interviewers, who separately scores the applicant on the same categories. The scores range from one to six, with one being the highest. Very few applicants are given worse than a four. It’s the admissions version of grade inflation.

Like most elite colleges, Harvard also gives explicit preferences to applicants known in the world of higher education as ALDCs, a group that includes recruited athletes as well as the children of faculty, donors, and alumni—the latter are called “legacies.” These students, approximately half of them legacies, represent about 30 percent of every Harvard class—about 43 percent of the college’s white students are ALDCs. Being a member of this rarified group improves one’s chances of getting in by an order of magnitude. The admit rate for typical applicants to Harvard’s classes of 2014-2019 averaged 5.5 percent, according to data produced in the SFFA’s case, but the college accepted nearly 34 percent of legacy applicants, 47 percent of faculty kids, and 86 percent of recruited athletes.

Back in 2004, a team of Princeton researchers determined, based on data from three elite schools that offer admissions preferences to athletes, legacies, and underrepresented minority applicants, that being a legacy effectively gave applicants a boost equivalent to scoring 160 additional points on the SAT even though legacies tend to do slightly worse in college than non-legacies. (By comparison, Black applicants received the equivalent of a 230-point boost, Hispanics 180 points, and athletes 200. Asian applicants suffered the equivalent of a 50-point loss.)

SFFA’s legal claim is simple: The Asian plaintiffs say Harvard’s subjective admissions factors are stacked against them. Since so much of the class is set aside for ALDCs, and Asians aren’t regarded as a disadvantaged minority, the competition they face is brutal. The plaintiffs presented most of their statistical case through Peter Arcidiacono, an econometrician based at Duke. Arcidiacono testified that if Harvard relied solely on academics, Asian Americans would constitute more than half of its admitted students, as opposed to the current 20 percent. Race might be a plus factor for others, but for Asians it’s a big minus.

Arcidiacono is an expert witness for the plaintiffs, so if you’re skeptical of his framing, consider this evidence from New York City. By state law, the sole criterion for admission to the city’s eight specialized high schools is (for now) performance on the Specialized High School Admissions Test, or SHSAT. These eight schools include Brooklyn Tech, where my dad was principal; Bronx High School of Science, where my wife went; and Stuyvesant, which has the highest cutoff. In 2020, Asians filled 524 of the 766 available slots at Stuyvesant—68 percent. It’s fair to question, as many have, whether the SHSAT, like the SAT, is simply another instrument correlated with wealth, or whether any single factor should decide someone’s fate, but it’s powerful evidence that Arcidiacono’s claim has merit.

What held Asian American applicants back, Arcidiacono found, was their personal ratings. Admissions officers gave ones or twos (on the aforementioned six-point scale) to a smaller share of those applicants than they did to any other racial or ethnic group. An investigation of Harvard by the Department of Justice during the 1990s found a similar pattern. Asian applicants were presumed to be oriented solely toward math and science. They were routinely described as bland, flat, or unexciting—example: “He’s quiet and, of course, wants to be a doctor.” Of all the factors Arcidiacono identified, nothing was quite so damning as to be labeled “standard strong.” In a sample of 10 percent of the applicants to Harvard’s class of 2018, 256 students were labeled this way, and 114 of them were Asian American.

None got in.

Seven months after SFFA filed its lawsuit, a company named Ivy Coach mocked Michael Wang on its blog. Ivy Coach is one of the many private consulting firms that guides parents through the process of getting their kids into elite colleges and boarding schools. After CNBC reported that Ivy Coach charged more than $100,000 for its services, the company boasted on its blog that the news station had “grossly underreported” its fees. When the New York Post reported that the company charged one mom $1.5 million, Ivy Coach didn’t deny it, but rather wrote that the company makes “absolutely no apologies” for what it charges. For the 2020-21 school year, more than 43 percent of incoming Harvard freshmen from families making more than $250,000 a year reported using private admissions counselors like Ivy Coach.

Ivy Coach claimed that Michael had made a fundamental error in how he marketed himself. In emphasizing his piano ability and debating skills, he’d presented himself as well-rounded “when that is the precise opposite of what schools like Yale, Princeton, and Stanford seek.” If only Michael had been reading the company’s blog, he’d have known to be “extraordinary at one thing” as opposed to “ordinary at lots of things.” Ivy Coach explained, “Ordinary’s boring. Extraordinary’s anything but boring. Highly selective colleges don’t want boring. They want extraordinary. Understood? We hope so.”

In Michael’s defense, Harvard’s own data contradicts this advice. To make its statistical case, Harvard called upon David Card, a Cal Berkeley economics professor. Card argued that strength across multiple dimensions mattered enormously. He found that only 12 percent of admitted students were “one-dimensional stars,” meaning that they got a rating of one in a sole area, but scored two or better in fewer than three categories. By contrast, 46 percent of admitted students were “multi-dimensionally excellent,” meaning they got a score of at least two in three or more categories. Another 31 percent were “multi-dimensionally solid.” In the context of the lawsuit, Card’s argument was that Asian applicants tended to be one-dimensional academic stars while whites tended to have better nonacademic ratings and were generally more multi-dimensionally excellent or solid. So Michael could be forgiven for not understanding whether investing another few thousand hours into his piano practice to further cultivate his most distinguishing excellence risked branding himself as a one-dimensional star.

We may not know what a distinguishing excellence is, but we certainly know what it’s not. It’s not working at Taco Bell or Burger King. Jobs only came up twice in Card’s report—each time to say that Arcidiacono hadn’t considered them, but never to say how much weight Harvard attached to them. That’s because Harvard doesn’t attach any explicit weight to them. If the college gives a tip to a socioeconomically disadvantaged student, it is in spite of their disadvantage, not because of it. No one views working a near-full-time job—as almost all my City University of New York students do—as a virtue that should count toward acceptance.

SFFA’s case is complicated by a simple truth: It’s probably not Harvard’s direct aim to disadvantage Asian applicants. Harvard’s admissions office is reasonably diverse, and during the trial several of the officers adamantly denied any animus or conscious prejudice. When one Asian-American admissions officer was asked her reaction to the allegations at trial, she said, “It’s not what I know our office to be. It’s not who I am. I would never be part of a process that would discriminate against anyone, let alone people that looked like me, like my family, like my friends, like my daughter.”

US District Court Judge Allison Burroughs credited the staffer’s testimony in ruling for Harvard, and she was probably right to do so, though it’s easy to be skeptical given the Ivy League’s historical transgressions. James Conant, who served as Harvard’s president from 1933 to 1953, was part of an admissions committee that suggested using letters of recommendation and interviews to assess “aptitude and character” as a way of addressing the so-called “Jewish problem”—too many Jewish kids qualifying for coveted Ivy acceptances. The notion of the Yale man—of “sound physique” and “grace of body”—evolved to combat what was known in New Haven as the “Hebrew invasion.” So, too, Princeton’s commitment to educating “leaders” not “bookworms.”

In the years since, elite colleges have made undeniable strides in improving the racial diversity of their classes—even if, almost certainly, it’s also true that Asians have been disadvantaged by some of the policies that have promoted these overall gains, and that diversity gains overall have been limited by universities’ steadfast commitment to preserving ALDC tips.

If SFFA v. Harvard were about socioeconomic status rather than race there could be no doubt as to Harvard’s intent. Every experience valued by elite colleges is directly correlated with wealth. The experiences that allow a young man or woman to “distinguish” themself are not uniformly available—not by a long shot. About 90 percent of students from families in the top US income quartile participate in school-based extracurriculars, whereas only 65 percent of students from the lowest quartile do. Nearly one-third of the low-income students participate in neither sports nor club activities. (The overall nonparticipation rate is 10 percent.)

Using survey data from the National Center for Education Statistics, a team including Robert Putnam, whose book Our Kids: The American Dream in Crisis lays out a damning indictment of America’s exploding opportunity gap, found that affluent high schools offer about twice as many team sports as schools in high-poverty neighborhoods do. They’re also far less likely to require students to pay to play, as many poorer schools do—even in California where the practice has been ruled unconstitutional. (They evade the legal requirement by calling the fees “donations.”)

When the sociologists Elizabeth Stearns and Elizabeth Glennie used high school yearbooks to explore extracurricular opportunities in North Carolina, they found a similar pattern. Affluent schools offered more activities and had higher participation rates. This continuing disparity creates a vicious cycle because the experiences that allow students to distinguish themselves in the college application process also help keep kids in school. Poorer kids, already at higher risk of dropping out, have less opportunity to have the kind of experience that makes a young person love school and feel loved by it.

As damning as all of this is, the picture is even bleaker when we probe deeper into the breadth and quality of extracurricular experiences. Putnam’s team found that a high school senior from a rich family is about twice as likely as one from a poorer family to have served as a sports team captain. They also found significant gaps in private music, dance, and art lessons.

Participating in a high-quality Model United Nations program seems like the sort of experience that could change a young person’s life, and maybe even help them get into college. Of the Top 25 ranked Model UN programs, 10 are housed in private schools. Of the remaining 15, only one is hosted by a school whose student body is more than 10 percent Black. It’s no coincidence that Harvard and other elite colleges offer a proliferation of niche sports—squash, fencing, crew, etc—that many disadvantaged kids have barely heard of, let alone participated in. A staggering 70 percent of recruited athletes at Harvard are white—and merely 3 percent of those white athletes are from economically disadvantaged families.

In 2017, Elizabeth Heaton, a college consultant who worked as an admissions officer at University of Pennsylvania, wrote a piece for the Huffington Post asking, “What Kind of Hook Do I Need to Get Accepted to an Ivy League College?” It’s all about those distinguishing excellences, she argued. Being an Eagle Scout isn’t a distinguishing excellence, Heaton explained, because 50,000 kids achieve that rank every year. Valedictorians are a dime a dozen. So too are class presidents. Creating a nonprofit that solicits $1,000 and serves 500 meals isn’t a distinguishing excellence either. “But it can become one,” she wrote, “if you are raising $100,000 and serving 500,000 meals.” Her other examples included a debate champion, a “future global leader fluent in eight languages,” a gold award at the USA Biology Olympiad, and heading up the regional volunteer corps for a US Senate campaign.

It’s hard to imagine a child of even ordinary means having any of these experiences. All are available only to families with wealth and connections. Who else has the access to get—and can afford to take—an unpaid internship on a high-profile political race? What child of ordinary means can win a science Olympiad? For a fee, Heaton’s organization—Bright Horizons College Coach—will help you build a science profile that’ll be an adequate for distinguishing excellence. Its “Research Mentorship Program” will match you “with a researcher from a top institution, such as Harvard, Princeton, Oxford, and MIT.” The goal is to develop a college-level research project that’s “a meaningful addition” to the college application. It also includes 10 mentoring sessions and help getting the work published or presented at a conference. Be forewarned: This program is only available to people in the Premier and Elite plans.

Because college admissions officers may not be familiar with reverse-transcriptase inhibitors or machine-learning algorithms, distinguishing research needs to be translated into accessible language. Ideally, this language should include a narrative of personal growth that syncs with the sort of diversity that Harvard and its brethren value. Not to worry. Ivy Coach, Bright Horizons, and all the private college counselors will be more than happy to “edit” your college essays.

Maddeningly, but unsurprisingly, a team of researchers at Stanford found that the quality of an applicant’s essays has an even stronger correlation to reported household income than his or her SAT score. Surely professional editing is exacerbating this disparity. Yet no elite college has a policy against this sort of assistance, even though it’d be easy to imagine, as Princeton Review founder John Katzman has proposed, requiring that students write their essays while sitting for one of the standardized exams.

Still, that’s not the worst of it. Elite colleges exacerbate hoarding by attaching value to distinguishing excellences. The message to parents is that they need to expose their children to elite extracurricular experiences to get them into elite colleges. This shapes the communities in which they live. Yet, paradoxically, almost everyone in the academy embraces the research (and often their own teaching experience) showing that the best predictors of well-being and achievement are characteristics like resilience, not academic or extracurricular brilliance.

Extracurriculars aren’t a reflection of a person’s inner wealth or value, but a reflection of their opportunity. Working at Taco Bell or Burger King while going to high school isn’t something to be looked down upon. Rather, it’s a marker of resilience and a predictor of success—if only the young person can overcome the prejudice against their experience and get themselves into the right college. But there’s the rub. Working takes hours away from the time-intensive extracurriculars that elite colleges value.

At my stepson’s public high school commencement in a relatively affluent suburb, the school’s guidance director told parents that their children’s graduation was proof that “anyone can succeed.” She explained, “It’s just a matter of hard work.” Richard Rothstein, who wrote about America’s sordid history of racial redlining in his 2017 best-seller, The Color of Law, calls the belief that children born into low-income families can escape that status through hard work and education “a fantasy that we share.” It’s a fantasy in part because elite colleges don’t value hard work—or at least not hard work as it’s understood and available to ordinary people. Instead, they value distinguishing excellences available only to the wealthy, and act as if weighing these experiences is the only conceivable mechanism by which to select capable students.

It isn’t.

After graduating from Brandeis, Deborah Bial worked briefly as a paralegal, then took a job at CityKids, a foundation that uses art to help at-risk children find their voices. While there, she met a young man nicknamed Stein—short for Einstein—who’d given up a scholarship at a major university. When Bial asked why he’d dropped out, Stein said, “I could have done it if I had had my posse with me.”

Stein’s comment inspired Bial to start the Posse Foundation. It sends scholarship students in groups of 10—posses—to participating colleges so that they can support one another. The approach has been extraordinarily successful. Posse currently recruits students from 20 cities and has 63 partner colleges. Since its creation in 1989, Posse has selected more than 10,000 scholars who have received a cumulative $1.8 billion in scholarships. In 2007, Bial was awarded the prestigious MacArthur Foundation fellowship.

Posse is amazing, but Bial didn’t get a $500,000 so-called genius grant merely for sending kids to college in groups. She won it for how she picked the kids. Even in the late 1980s, Bial understood that the SAT systematically disadvantaged poor students, especially those who are Black or brown. She understood, too, long before the renowned psychologist Angela Duckworth recognized the power of determination, that people with the highest grades weren’t the ones who went on to succeed. If Bial wanted to cultivate a new generation of disadvantaged students who would go on to become leaders in their colleges and communities, she would need a different way to select people.

So she developed a test that measures initiative and persistence through group activities. The Bial-Dale College Adaptability Index is sometimes called the “Lego Test” because of a ten-minute segment that asks groups of students to reproduce a robot made of Lego blocks. The students are allowed to examine the structure individually but are prohibited from taking notes. Success requires cooperation and teamwork. In another part of the three-hour exam, rather than mirroring the traditional college interview, students are asked to lead a group discussion on a random topic. Observers note not who has the biggest vocabulary, but rather who collaborates well and who shows resilience.

How well does it work? Even though Posse is choosing among the most underserved students, those at the greatest risk of dropping out, more than 90 percent graduate. It’s difficult to imagine more definitive proof of something we all know in our hearts: The college interview is a scam. Unstructured interviews are notoriously bad at predicting future performance. What they do, rather, is reproduce social inequalities. People like people like them. So, the college interview becomes an exploration of shared experience, even though many of those experiences are unavailable to poor applicants of color and an alternative system exists that’s better at predicting success. The sociologist Lauren Rivera has shown the same mechanisms at work in hiring at top law firms, investment banks, and management consulting companies.

Even admissions practices that seem touchy-feely can skew the odds in the wrong direction. For instance, in the wake of widespread criticism that privileged families game the standardized-testing process, many colleges—including many of the Ivies—have made themselves “test-optional.” But applicants can still submit SAT and ACT scores when it benefits them. That’s very different from schools that have made themselves “test blind,” like the University of California, which no longer considers test scores at all. “Super-scoring” is even more offensive. That’s the common practice of counting only a student’s highest score from individual sections of the exam. The more times you take the exam, the greater your likelihood of having a super-score that exceeds your actual average. You can probably guess who takes these tests over and over. Economist Joshua Goodman, then at Harvard’s Kennedy School, and his collaborators looked at 10 million SAT takers from 2006 through 2014. Low-income students, they found, were 21 percent less likely to retake the exam—even though retaking it was worth about 90 points on the super-score and increased a low-income student’s chance of enrolling at a four-year college by nearly 30 . The effect was so strong, the authors concluded, that it explained about a quarter of the enrollment gap between low- and high-income students.

Most tragically, the status quo represents a lost opportunity. Imagine if we told communities that the skills elite colleges valued were cooperation, hard work, and listening. To be sure, the rich will learn to manipulate any system to sustain their class position. But think about what it would do for the perception of working-class people to signal that holding a real job signified something of honor, and predicted success, instead of treating it as a disadvantage. Consider, too, what communities would look like if instead of creating incentives to hoard extracurricular opportunities and hire $100,000 consultants, colleges instead encouraged young people to be the best team players they could be.

It’s almost inevitable that the Supreme Court will dispense with affirmative action in the near future. That day will be tragic in a host of regards. Although reasonable minds can differ on whom should be given preference in college admissions, it’s hard to argue against the proposition that Harvard and other elite colleges—many of which were built with slave labor and with the benefit of racist housing practices—owe a debt to at least some of their applicants of color. But this obligation will almost certainly go unmet.

And it will be largely Harvard’s fault. No admissions system will ever be without controversy, but it’s important to remember how much opportunity Harvard could have created by ending its most offensive practices, such as tips for ALDCs. It could have admitted more Asian-American applicants with high test scores and more socioeconomically disadvantaged students. Instead, the college acted as if the leg-up it has historically afforded to affluent students is sacred, and in doing so effectively pitted disadvantaged groups against one another. When the court ends affirmative action for low-income students of color, it will be the result of Harvard’s indignant commitment to affirmative action for wealthy white kids..

Why will they not stop the fucking GOP criminals???

Russians Used a US Firm to Funnel Funds to GOP in 2018. Dems Say the FEC Let Them Get Away With It.

“Republicans disregarded decades of Commission precedent.”

DAN FRIEDMAN

The Federal Election Commission recently let a US company that was quietly bankrolled by Russian oligarchs off with a slap on the wrist despite discovering that it had illegally funneled Russian funds to US political candidates in the 2018 midterm elections, two Democratic FEC commissioners said in a scathing statement issued Friday. 

“Half the Commission chose to reject the recommendation of the agency’s nonpartisan Office of General Counsel and turned a blind eye to the documented use of Russian money for contributions to various federal and state committees in the 2018 elections,” wrote the two commissioners, Ellen Weintraub and Shana Broussard.

Anyone who follows campaign finance knows that the FEC has been toothless for years due to GOP commissioners’ opposition to any enforcement of laws designed to oversee money in politics. But Weintraub and Broussard suggest the agency hit a new low by letting the US firm, American Ethane, off with a deal in which it agreed to pay only a small civil fine.

Though based in Houston, Texas, and run by American CEO John Houghtaling, 88 percent of American Ethane was owned by three Russian nationals—Konstantin Nikolaev, Mikhail Yuriev, and Andrey Kunatbaev. The FEC report said that Nikolaev, an oligarch and Russian billionaire with close ties to Russian President Vladimir Putin, is the controlling shareholder. Separately, Nikolaev also underwrote efforts by Maria Butina, a Russian gun rights activist, to cultivate ties with the National Rifle Association officials and with associates of Donald Trump around the time of the 2016 election. In 2018, Butina acknowledged acting as an unregistered Kremlin agent and pleaded guilty to participating in a conspiracy against the United States. She was sentenced to 18 months in prison but was deported six months later.

According to lobbying disclosures, the company was seeking help from US officials in its efforts to sell US ethane to China and, in 2018, had hired a US lobbying firm, Turnberry Solutions, with close ties to former Trump campaign chief Corey Lewandowski. A year later, Lewandowki officially joined Turnberry, after previously disputing his connections to the firm. Turnberry, which traded on ties to Trump, shut down in 2021, months after he left office.

The FEC investigation began after it received a complaint citing press reports on American Ethane’s ties to Nikolaev and its donations to lawmakers. Weintraub and Broussard noted that the FEC found that American Ethane “made contributions using funds derived from loans from foreign entities ultimately owned by Russian nationals.” Federal law bans foreign funds in US elections, as well as direct corporate donations to candidates. American Ethane seems to have done both. The FEC found that the company made more than $66,000 in donations using money it got from offshore firms in the form of loans. According to an FEC general counsel’s report released last year, the owners of the offshore firms included Alexander Voloshin, a Russian politician and former state power company official, and Roman Abramovich, an infamous Russian oligarch and former owner of the British football powerhouse Chelsea. The money the company used to dole out donations ultimately came from the oligarchs, the FEC said.

During its four-year investigation, the FEC found that the funds initially put up by Abromovich and other Russian nationals were then funneled to Republicans in Louisiana: Sens. John Kennedy and Bill Cassidy, a political action committee run by Kennedy, a leadership fund run by House Majority Whip Steve Scalise, a PAC backing Louisiana Attorney General Jeff Landry, and the campaigns of Reps. Mike Johnson and Garrett Graves. Other contributions went to state lawmakers. The report didn’t explain why the company focused on Louisiana but the state is home to many natural gas firms, and its lawmakers advocate for the industry.

The lawmakers who received funds have not been accused of knowingly taking Russian money, though the final report from the initial investigation noted, “American Ethane attempted to make more political contributions, but those recipient committees never deposited American Ethane’s checks.”

American Ethane argued that the funds the company first received appeared as loan to the American corporation. Therefore, they claimed the donations it made were not foreign. The FEC rejected that argument. But it still recommended the firm only pay $9,500 as a civil penalty.

“The foreign-influence problem has not gone away in the meantime, to put it mildly,” Weintraub and Broussard wrote. “In this case, it is beyond unfortunate that for three of our colleagues, it was a bridge too far to penalize the use of Russian oligarchs’ money to influence U.S. elections.”

We call them douchebags...

Real-life 'White Lotus': Workers share rich guests' wildest demands

Natalie B. Compton and Andrea Sachs

Maybe it's schadenfreude. Maybe it's envy. Maybe it's the ever-widening wealth gap. Or maybe "The White Lotus" is just a really good show that satirizes the egos and excesses of the wealthy traveling class. Whatever the reason for the success of the HBO series, we can't wait to gobble up the second season, like free bags of pretzels in economy class.

And it's not just prestige TV skewering the idle rich. "Triangle of Sadness," a movie that upends the power dynamic (and stomachs) of the customers aboard a private yacht cruise, won this year's Palme d'Or at the Cannes Film Festival. Propelled by the interplay of demanding charter guests and tip-dependent crews of "yachties," Bravo reality show "Below Deck" has spawned four spinoffs. "The Menu," which gets a national release in theaters Nov. 18, has an ominous trailer that suggests a bloody end for guests at an exclusive restaurant on a remote island.

As we prepare for more depictions of cringeworthy behavior, travelers in the back of the plane are probably wondering: How real is this sense of entitlement? Do the elite really make such outrageous demands?

The answer, according to travel industry workers who spoke to The Washington Post, is yes.

"Nobody cedes their privilege," Mark, the emasculated husband played by Steve Zahn, says to his family in the first season of "The White Lotus." Not even on vacation.

To find out more, we interviewed concierges, travel advisers, hoteliers and tour guides that cater to 1-percenters. Here are their stories, from the cashmere-lined trenches.

- "We have a mermaid on speed dial"

Employees of the Nightfall Group - a sort of Airbnb and concierge service for celebrities, C-suite types or anyone else with a ton of money to burn - have a Rolodex full of niche specialists to take care of any whim a client could throw at them.

Like the time a guest renting a 13,820-square-foot mansion in Los Angeles requested a mermaid to swim in the pool - which you can peek into from a room in the house - for a cocktail party starting in an hour. Not just any mermaid, but "a real authentic mermaid with a splash tail," says Angelica Bridges, spokesperson for the Nightfall Group. "They wanted to see, like, gills."

Not only would the company need to find an available mermaid who could beat L.A. traffic in time for the start of the party, but it would also have to heat the pool to a mermaid-friendly 80 degrees. Not a quick feat, even for the already-heated pool, but the company managed.

Fortunately for the mermaid-seeking guests, "we have a mermaid on speed dial," Bridges says. "We got her there in probably an hour and two minutes."

The group usually has more lead time for big requests. Like the client who asked for a 60-by-60-inch temperature-controlled safe to be installed in her week-long rental to store her mother's ashes. Or the client who wanted Santa Claus and real reindeer to show up at his L.A. rental on Christmas Eve.

"We do have a company that does have reindeer," Bridges says. "We even got elves there, too."

- Sanpellegrino showers

Sandra Weinacht, a travel planner and co-owner of Inside Europe Travel Experiences, regularly hears stories of extreme behavior from friends and business connections who work in Europe's five-star hotels.

She says a hotelier in France told her that they had a guest request a huge amount of Sanpellegrino to be delivered from Italy in the same day. No other sparkling water would do; it had to be Sanpellegrino - and not because the guest loved the taste.

"His Russian client needed that water to wash her hair, and it could not be Perrier," Weinacht says. "It had to be Sanpellegrino."

- A roughly $4 million shopping tab

When Christina Stanton, a New York City tour guide with decades of experience, was hired to guide a Russian oligarch's wife during their family trip, Stanton had to give her cellphone to a body guard at the start of each day.

While the three kids were off with their own tour guide, Stanton helped the mother do some back-to-school shopping. Bergdorf Goodman opened its store early so the two could browse in peace. They picked up 58 pairs of shoes at Little Eric Shoes On Madison. Over the course of their four days together, Stanton estimates that her client spent roughly $4 million.

When Stanton learned her client's last name at the end of the trip, a quick Google search revealed that the woman's husband was one of the richest men on earth. Although their wealth was as shocking as their shopping bill, another detail struck Stanton.

When the family reconvened for meals at restaurants such as Balthazar and Serafina, she noticed that "the family wouldn't speak to waiters, the bodyguards did," Stanton says.

In one instance, one of the children wanted a straw, and the server forgot about the request. The bodyguard was not pleased.

"The way he [talked] to that server, you know that he's killed a man with his bare hands," Stanton says.

- "They want bigger, better, more, free"

Stacy H. Small, founder of the Elite Travel Club, had a client who was a reality TV personality. Small says the Bravo channel star screamed at her driver for not picking up her luggage fast enough, then refused an upgraded suite at a luxury hotel but remained furious at Small over the price of the room - even though they had already approved it.

"They can afford it, they just don't want to pay for it," Small says of her reality TV clients of the past. "They complain a lot, because they want bigger, better, more, free."

Now, Small only works with clients she carefully vets. The trips are still extreme - $100,000 summer vacations are common - but she hasn't had any bad apples since becoming more selective.

- Discretion is everything

While some of the rich and famous flaunt their fabulous lives, many prefer to keep a low profile. Rob DelliBovi, founder of full-service travel agency RDB Hospitality, says many clients request their drivers sign nondisclosure agreements.

Once, at Kalon Surf, a luxury all-inclusive resort in Costa Rica, a woman emailed asking who else was on her husband's upcoming reservation. Staff members were unable to share the information.

"Discretion and privacy is number one for us," says owner Kjeld Schigt.

The woman explained that she had gotten wind of her husband's affair and wanted to confirm his mistress was joining him. The hotel still couldn't budge on its policy.

The woman says she understood and ended their correspondence with one request, Schigt says: Could one of his surf instructors take him out on the biggest wave possible "and just push him off, so he gets as hurt as possible?"

- No expense spared for pets

In February 2021, while pandemic travel anxieties and strict border restrictions were standard, the private jet charter Monarch Air Group got a request for a client to travel from Santa Barbara, Calif., to Vancouver, British Columbia. The pilots were bewildered when their sole passenger arrived.

It was Bella, a pomsky (a Siberian husky and Pomeranian mix) who had been dropped off for a $60,000 trip home to her owner.

In another instance a few years ago, the staff at the Dolder Grand in Zurich received a request from a Russian guest that chef concierge Jens Maier deemed "bizarre," even for the most pampered pet.

She "asked us to organize a piece of lawn so that her dog could pee in the suite and she didn't have to leave the hotel," Maier says.

The staff offered to walk the pup around the property's forested paths. The guest declined and insisted on an indoor lawn delivered to her room within two hours. Of course, you can't just run down to the corner store for a square meter of turf. "The whole thing was complicated," Maier says.

With help from a local florist, the hotel was able to secure a fake patch of grass that, for an extra touch of class, came in a wooden frame. The setup cost around $800, which the guest paid.

"The lady was overjoyed when the almost impossible could be made possible," Maier says.

The dog had no comment.

- The $50,000 tree frog

For many in the hospitality industry, it's not the specific requests that rub them the wrong way, but how or why they're requested.

"The old, 'Please separate M&M's by color,' that exists," DelliBovi says. "People do that just because they've heard of it and they think it's hilarious. But as a guy who's run hotels, we know that's not hilarious."

Curtis Crimmins, once a concierge at five-star hotels and now the founder of a hotel booking start-up called Roomza, points to the time a famous guest asked for a particular foreign tree frog for his daughter.

Crimmins finagled an introduction to a congressperson who was able to help him expedite the Agriculture Department approval process to get the frog into the country.

"It was $50,000, conservatively, just for the frog to be left in the room when they checked out," Crimmins says.

- Not all rich people

Being wealthy does not automatically signal bad behavior, says Schigt, the owner of the Costa Rican resort.

"No, absolutely not," Schigt says. "It depends, but sometimes it's the more wealthy that are actually a lot more laid back."

DelliBovi has come to a similar conclusion in his time orchestrating trips for rock stars and very wealthy individuals.

"We have billionaires who are like, 'Put me in the standard room. I don't care.' ... And then we have billionaires that are like, 'I better have a Ferrari picking me up and my water better be this temperature,' " DelliBovi says.

- The 80-20 rule

Schigt has been dealing with wealthy clients on a daily basis since he opened his Costa Rican property in 2011. After playing host for more than a decade, he has found that most guests are easy to accommodate, but a select few are impossible to satisfy.

Dealing with difficult guests is a lose-lose situation for the resort. Not only would staff fail to appease the unappeasable guests, but tending to their every complaint also took service away from other patrons.

Sometimes having staff dote on laid-back guests can be enough to fix the problem. He has had difficult clients ease up after noticing other guests having fun and getting more attention.

"We realized in the past that we were spending 80 percent of our time on 20 percent of our guests," Schigt says. "Those guests were very demanding, and they were not going to be happy anyway, because some people come to be not happy."

Nowadays, Schigt trains Kalon employees to try to make every guest happy - within limits - "but at the same moment, try not to forget the other guests that are equally valuable," he says.

Sad...

D.H. Peligro, longtime drummer of legendary SF punk band the Dead Kennedys, dies at 63

Amanda Bartlett

D.H. Peligro, a musician best known as the longtime drummer of the legendary San Francisco punk band the Dead Kennedys, died at his Los Angeles home Friday after police said he sustained head trauma due to an accidental fall, according to an Instagram statement shared by the band. He was 63 years old. 

“Arrangements are pending and will be announced in the coming days,” the statement read. “We ask that you respect the family’s privacy during this difficult time. Thank you for your thoughts and words of comfort.”

Born in St. Louis, Missouri on July 9, 1959, Peligro (Darren Henley) started drumming early on in his childhood and moved to San Francisco when he was about 15 years old. 

“By the time I got there, I had eight dollars in my pocket,” he told music writer Mark Prindle in a 2004 interview for his website, Mark’s Music Reviews. “I crossed the Bay Bridge, got in there and boom. That’s where I lived in a van on Shipley St. near Folsom between 5th and 6th.” While there, he met the members of S.S.I., the first band he would play in.

Peligro said that at the time, he was influenced by a number of pioneering punk and ska bands from San Francisco and Los Angeles, including the Offs, the Dils, the Plugz, X, and the Go-Gos, and frequently attended shows at the Deaf Club, a famed punk venue on Valencia Street in the late ‘70s. He likened S.S.I.’s rhythm guitarist Paul to Joe Strummer from the Clash and described the sound of the first band he played in as “very fast,” with “politically astute” lyrics. Jello Biafra, the frontman of the Dead Kennedys, took notice of Peligro at S.S.I.’s live shows, but it was guitarist Raymond John Pepperell (East Bay Ray) who invited him to audition for the Dead Kennedys after original drummer Bruce “Ted” Slesinger quit to pursue a career as an architect. 

“I ran into East Bay Ray down at the Mabuhay Garbage-Gardens… We used to call it the Mabuhay Garbage after a while,” Peligro said to Prindle of the North Beach club. “And he asked me if I'd come down and audition. I thought immediately, ‘Well, you know what? I'm not gonna get the gig. I'm Black, and nobody wants a Black drummer in their band, even though it is punk rock.’ …  That's definitely what I thought. Because I'd seen all these other bands, and I played a lot of rock before that, but I think I was one of the first Black rock drummers. Or that's how it seemed to me."

For the audition, Peligro said he played “Insight,” which was later released on the Dead Kennedys’ 1987 compilation album “Give me Convenience or Give Me Death.” The band told him he was in — and by Peligro's own account, he beat out 15 other drummers who had also tried out for the gig. Peligro subsequently joined them in the studio to record the single “Too Drunk to Fuck” before performing on their 1981 EP “In God We Trust” and 1982’s “Plastic Surgery Disasters,” as well as “Frankenchrist” in 1985 and “Bedtime for Democracy” in 1986, which was released the year the band broke up.

After that, he briefly played with the Red Hot Chili Peppers, writing a few songs on their fourth studio album, “Mother’s Milk.” The Dead Kennedys reunited in 2001 sans Biafra for multiple tours and the releases of live studio albums including “Live at the Deaf Club” and “Mutiny on the Bay.”

Later in life, Peligro played guitar and sang in his own band, Peligro, in addition to performing with Nailbomb and Jungle Studs. Prior to his death, it was announced that he would star in the Los Angeles punk band OFF!’s 2023 sci-fi comedy “Free LSD,” as BrooklynVegan first reported. 

“My dear friend, my brother I miss you so much,” Flea wrote in a tribute to Peligro on Instagram. “I’m devastated today, a river of tears, but all my life I will treasure every second. The first time I saw you play with the DK’s in ‘81 you blew my mind. … You are the truest rocker, and a crucial part of rhcp history.”

East Bay Ray also reshared the band’s original statement on Twitter with a brief addition: “I am sad.” 

Dave Lombardo, a drummer and co-founding member of the iconic thrash metal outfit Slayer, wrote that Peligro’s frenzied, hardcore style in the Dead Kennedys’ early albums influenced how he played in his own band. 

“Sending my deepest sympathies to his family, bandmates and all those affected by this tragic, untimely loss,” he tweeted. “Rest peacefully.”

Lol Tolhurst, a founding member and former drummer for the Cure, shared a photo of Peligro, who he called “a lovely man and an awesome drummer.”  

And Jon Wurster, the drummer of the 1990s DIY rock band Superchunk, shared a video of the Dead Kennedys playing in San Francisco circa 1984 on Twitter.

"D.H. Peligro has left the building," Wurster wrote. "One of the absolute greats." 

The finger points to....

Pelosi, Vilified by Republicans for Years, Is a Top Target of Threats

Annie Karni, Catie Edmondson and Carl Hulse

In 2006, as Nancy Pelosi was poised to become the first female speaker of the House, Republicans made a film spoof that portrayed an evil Democratic empire led by “Darth Nancy.”

In 2009, the Republican National Committee ran an advertisement featuring Pelosi’s face framed by the barrel of a gun — complete with the sound of a bullet firing as red bled down the screen — a takeoff on the James Bond film “Goldfinger” in which the woman second in line to the presidency was cast as Pussy Galore.

This year, a Republican running in the primary for Senate in Arizona aired an ad showing him in a spaghetti western-style duel with Democrats, in which he shoots at a knife-wielding, mask-wearing, bug-eyed woman labeled “Crazyface Pelosi.”

The name echoed former President Donald Trump’s many derisive monikers for Pelosi, including “Crazy Nancy.”

The attack on Pelosi’s husband, Paul Pelosi, on Friday, which left him with a fractured skull and appeared to be part of a planned attack on the speaker herself, came after a yearslong campaign by Republicans to demonize and dehumanize Nancy Pelosi in increasingly ugly ways.

For the better part of two decades, Republicans have targeted Pelosi, the most powerful woman in American politics, as the most sinister Democratic villain of all, making her the evil star of their advertisements and fundraising appeals in hopes of animating their core supporters. The language and images have helped to fuel the flames of anger at Pelosi on the right, fanned increasingly in recent years by a toxic stew of conspiracy theories and misinformation that has thrived on the internet and social media, with little pushback from elected Republicans.

Pelosi is now one of the most threatened members of Congress in the country.

After the grisly assault on Paul Pelosi, 82, many Republican lawmakers and leaders denounced the violence, but hardly any spoke out against the brutal political discourse that has given rise to an unprecedented wave of threats against elected officials. Most instead tried to link the incident to rising crime rates across the country that the party has made a centerpiece of its campaign message before the midterm elections that are just days away.

“You can’t say people saying, ‘Let’s fire Pelosi’ or ‘Let’s take back the House’ is saying, ‘Go do violence.’ It’s just unfair,” Ronna McDaniel, the chair of the Republican National Committee, said on “Fox News Sunday.” “And I think we all need to recognize violence is up across the board.”

Yet it is clear that the targeting of Nancy Pelosi, who was not at home during the attack, was not random violence. The suspect, David DePape, 42, who is accused of yelling “Where is Nancy?” after entering the couple’s home, had zip ties with him when he entered the home, according to a person with knowledge of the investigation. He appears to have been obsessed with right-wing conspiracy theories, including false claims about the 2020 election being stolen and the Jan. 6, 2021, riot, as well as concerns about pedophilia, anti-white racism and “elite” control of the internet. Pelosi in recent years has been a leading character in such viral falsehoods about Democratic misdeeds, including QAnon, and Republican leaders have blamed her groundlessly for the Jan. 6, 2021, attack.

“How did he get to that point?” said Mona Lena Krook, a professor of political science at Rutgers University who began studying violence against women in politics in 2014, referring to the suspect. “This has to do with things that he sees in the media, things he sees on social media, the people he socializes with that he felt like it was necessary and justified to attack her.”

As a wealthy woman from the progressive bastion of San Francisco, and her party’s leader in the House for 20 years, Pelosi has long represented a singular target for her political opponents.

“It is gender. It is class. The whole idea of a wealthy San Francisco liberal woman. The whole package is there,” said David Axelrod, the Democratic strategist and former top adviser to President Barack Obama. “The difference is what began as a way to raise money and gin up turnout has now become a much more deadly game.”

Even in 2012, when Pelosi served as minority leader, wielding less power than Sen. Harry Reid of Nevada, the Democratic majority leader at the time, Republican television ads were six times more likely to mention Pelosi than to mention Reid, according to the Wesleyan Media Project, which tracks political advertising.

As she has risen in prominence, Pelosi has become a more frequent target. Since 2018, Republicans have spent more than $227 million on advertisements featuring her, according to data provided by AdImpact, an organization that tracks political advertisements. They aired nearly 530,000 times. This year alone, Republicans poured more than $61 million into advertisements featuring Pelosi that aired about 143,000 times.

The efforts to vilify Pelosi have yielded mixed political results; Democrats managed to win the House majority twice as attacks against her surged over the past 16 years.

But they have persisted, even as Pelosi has become a reviled figure in the far-right reaches of the internet and social media platforms. Before taking office, Rep. Marjorie Taylor Greene, R-Ga., who at the time openly embraced QAnon, claimed that Pelosi was “guilty of treason,” adding, “it’s a crime punishable by death, is what treason is.” She liked a Facebook post that advocated “a bullet to the head” for Pelosi, according to posts unearthed by CNN.

The two have a toxic relationship, and McCarthy once mused publicly about wanting to hit Pelosi with the oversized wooden speaker’s gavel, a remark his aides said was a joke.

A spokesperson for the Congressional Leadership Fund, a super PAC affiliated with McCarthy, said it would not be pulling its attack ads against Pelosi in light of the assault.

For those close to Pelosi, the attack at her home was something they have long dreaded. Few lawmakers have been targeted and threatened as routinely as Pelosi, according to a review by The New York Times of people charged with threatening lawmakers since 2016, which found the speaker was the target of more than 1 in 10. Threats that were serious enough to result in criminal charges appeared to spike after the 2020 presidential election and through January 2021, around the time of the attack on the Capitol and President Joe Biden’s inauguration.

But Republicans have been taking aim at Pelosi for far longer. In 2010, John Dennis, who challenged Pelosi in her reelection race, circulated a campaign advertisement in which an actor playing Pelosi was presiding over an animal sacrifice, and another that depicted her as a wicked witch from “The Wizard of Oz.” In the ad, Dennis threw a bucket of water labeled “freedom” to melt her away.

“It has grown ever more virulent,” said Sen. Chris Van Hollen, D-Md., a Pelosi ally who served as chair of the Democratic Congressional Campaign Committee in both the 2008 and 2010 election cycles. He said the Republican efforts to demonize Pelosi intensified after passage of the Affordable Care Act, which she helped push through Congress.

“The attacks on her have been especially personal — not only attacking her politically, but also personally,” Van Hollen added. “It has been unrelenting.”

The vilification of Pelosi increased in recent years, when she emerged as the Democrats’ most potent foil to Trump. Where the left turned her into a sunglasses-wearing icon, Trump branded her “crazy as a bedbug,” and circulated a photograph of her telling him off at the White House, branding her “Nervous Nancy” and accusing her of having an “unhinged meltdown.”

Pelosi for years has shrugged off the attacks, characterizing them as a badge of honor.

“If I weren’t effective, I wouldn’t be a target,” Pelosi told Time magazine in 2018.

“She would flick at her shoulder and say, ‘It is just dust on my jacket,’” said Brendan Daly, a former spokesperson. “I think she would always take it as a point of pride.”

But in a letter to her colleagues Saturday, the speaker said she and her family were “heartbroken and traumatized by the life-threatening attack” on her husband.

The assault has underscored the dangers all members of Congress have faced, but none more than Pelosi. She was a particular fixation of the rioters who stormed the Capitol on Jan. 6, 2021, who hunted for her and menacingly called her name. “Bring her out here,” one woman yelled at the Capitol Police. “We’re coming in if you don’t bring her out.”

And she has been the object of many other threats that garnered far less attention. In Ohio, a 53-year-old man called police departments across the country a week after the 2020 presidential election and described online his plans to kill Pelosi “because she is committing treason against the United States of America.”

A heavily armed Georgia man who traveled from Colorado to Washington on Jan. 6 but arrived too late to participate in the rally sent a text message saying he would put “a bullet in her noggin on Live TV.”

And a 27-year-old Maryland man who was charged with threatening to blow up the IRS building made additional threats on Twitter against the speaker, federal prosecutors said, writing that he was “laser focused on thinking about ways to kill Nancy Pelosi.”

Pelosi has usually taken the vitriol aimed at her in stride. She understood when Democratic candidates had to distance themselves from her to win elections and has internalized the attacks as part of her political identity, people close to her said.

When Biden addressed House Democrats in March at their retreat in Philadelphia, he lamented the abuse he receives across the country, including signs that address him with an expletive. “Little kids giving me the finger,” Biden said. “You guys probably don’t get that kind of response when you go out some places.”

Pelosi interjected, “I do.”

The crowd chuckled.

This article originally appeared in The New York Times.

LDN 673


Part of a dark expanse that splits the crowded plane of our Milky Way galaxy, the Aquila Rift arcs through planet Earth's skies near bright star Altair. In eerie silhouette against the Milky Way's faint starlight, its dusty molecular clouds likely contain raw material to form hundreds of thousands of stars and astronomers search the dark clouds for telltale signs of star birth. This telescopic close-up looks toward the region at a fragmented Aquila dark cloud complex identified as LDN 673, stretching across a field of view slightly wider than the full moon. In the scene, visible indications of energetic outflows associated with young stars include the small red tinted nebulosity RNO 109 above and right of center, and Herbig-Haro object HH32 below. These dark clouds might look scary, but they're estimated to be some 600 light-years away. At that distance, this field of view spans about 7 light-years.

LDN 43


What is the most spook-tacular nebula in the galaxy? One contender is LDN 43, which bears an astonishing resemblance to a vast cosmic bat flying amongst the stars on a dark Halloween night. Located about 1400 light years away in the constellation Ophiuchus, this molecular cloud is dense enough to block light not only from background stars, but from wisps of gas lit up by the nearby reflection nebula LBN 7. Far from being a harbinger of death, this 12-light year-long filament of gas and dust is actually a stellar nursery. Glowing with eerie light, the bat is lit up from inside by dense gaseous knots that have just formed young stars.

Tighten regulatory controls

Florida takes next step to ban gender-affirming treatments for kids

The rulemaking is the latest step taken by the DeSantis administration to tighten regulatory controls over gender-affirming care.

By AREK SARKISSIAN

A joint-committee of the state’s two medical boards on Friday took another step toward banning gender-affirming care for transgender kids in Florida.

Members from the Florida Board of Medicine and the state Board of Osteopathic Medicine approved rulemaking language that would ban children from taking hormones or undergoing surgery to treat gender dysphoria.

Both boards are scheduled to meet on Nov. 4, where they will vote to finalize the rule.

The proposed language, which aims to establish the state’s standard of care for gender dysphoria treatment, also includes an exemption for children who are enrolled in clinical studies associated with the treatment. There’s also a provision that would exempt children already undergoing treatment when the rule takes effect.

Gender dysphoria refers to the feelings of discomfort or distress some transgender people experience when their bodies don’t align with their gender.

The American Academy of Pediatrics and the American Medical Association support gender-affirming care for adults and adolescents. Medical experts also have said gender-affirming care for children rarely, if ever, includes surgery. Instead, doctors are more likely to recommend counseling, social transitioning and hormone replacement therapy.

The boards on Friday decided on the rulemaking language after a five-hour meeting in Orlando, which included testimony from six experts on gender-affirming care. The joint-panel also heard from more than a dozen public speakers, mostly from people who supported the ban.

Board of Medicine member Patrick Hunter said during the meeting that he could not find evidence of any sufficient studies on children who undergo gender-affirming treatments such as puberty-blocking drugs and surgery.

“Those studies don’t exist,” Hunter said. “We don’t have high quality evidence based on that.”

Columbia University’s Department of Psychiatry, however, in March cited several studies that detail how gender affirming care improves the overall health and well-being of transgender children.

Hunter also brought up new guidance released on Oct. 20 by National Health Service England, the publicly-funded health care system in England, about treating kids for gender dysphoria that limited the agency to only cover the costs of puberty blockers for patients who are enrolled in clinical trials. The guidance, which serves one of the largest single-payer health care systems in the world, places a much heavier emphasis on psychological treatments.

Both boards had each agreed in August to begin the rulemaking process after the release of guidance from the Florida Department of Health. The guidance claimed there is not enough research and evidence to prove that the care is safe.

The rulemaking is the latest step taken by the DeSantis administration to tighten regulatory controls over gender-affirming care. Florida’s Medicaid regulator approved rules in August that block state-subsidized health care from paying for treatments of transgender people.

That rule led a coalition of transgender-rights groups to file a lawsuit, which is gearing up for a trial later this year.

Rachel Foster was one of several people who told the committee they regretted taking puberty blockers and going through surgeries when they were teens. Foster began to have renal failure by age 26.

“No one child or adult should go through the constant health battles that I’ve had to go through,” Foster said. “I’ve dealt with pain, trauma and the same mental issues I faced before.”

Doesn't have to...

Why Gavin Newsom isn't even bothering to campaign for reelection

The California governor has such a surefire shot at reelection he’s directing his efforts elsewhere.

By LARA KORTE

 Gavin Newsom is not asking for your vote. He doesn’t need it.

The first-term governor is up 20 points in the polls after defeating a recall attempt around this time last year. He has famously spent campaign cash on billboards in Texas and TV ads in Florida, but has spent little time or money directly boosting his California reelection bid.

His campaign website doesn’t include a platform. He’s not airing reelection ads. And the one and only debate he agreed to was held on a Sunday afternoon during primetime football, as the San Francisco 49ers and Los Angeles Chargers took the field.

“Most people couldn’t even tell you who is running against him,” said Ann O’Leary, the governor’s former chief of staff. “So I don’t know that he needs to do anything.”

It’s a sharp contrast to the closely-contested races from Oregon to New York, where Democratic governors are fighting for their political lives. Newsom’s chances of winning reelection against a massively underfunded Republican are so assured, he’s barely bothered to mention it. Instead, he’s been focused on abortion rights, boosting fellow Democratic candidates, and combating what he sees as the rising tide of Republican extremism on the national stage.

Sliding into a second term might be good for Newsom, but it could be bad for the party. The lack of a competitive race at the top of the ticket could mean low turnout — an unwelcome prospect for Democrats running in critical, closely-contested congressional races in Orange County and the Central Valley.

“I think he has to be careful,” GOP consultant Rob Stutzman said of Newsom. “The last time we had a non-competitive reelection for [Gov. Jerry] Brown in 2014, a midterm Democratic presidential election, it was a rough year for Democrats. That was their worst election of the decade in California.”

Newsom’s campaign — or lack of one — is in many ways a product of deep blue California, where Democrats hold a supermajority in the Legislature and outnumber Republicans two-to-one in voter registration. But it also suggests that the California governor — one of the most prominent Democrats outside of Washington — sees himself largely as a counterweight to a resurgent Republican Party that may be poised to retake the House and the presidency in 2024. It’s also fueled speculation that the governor is running a covert presidential primary campaign.

When criticized by his opponent, Republican state Sen. Brian Dahle, for campaigning outside California, the governor said his actions were necessary to counter attacks brought by the GOP on abortion rights and gun control, which Newsom and others have framed as attacks on democracy itself.

“I was out of state for a few hours to take on his party and a leader of his party, Donald Trump, who is a passionate supporter of what they’re doing to democracy,” Newsom said of Republicans. “So I’ll proudly and happily stand up.”

His first TV ads of the cycle, launched in mid-October, made no mention of his reelection. During the debate, when asked why Californians should vote for him, he made the case for a ballot measure that would put abortion rights in the California Constitution, and said his opponent is fighting efforts to protect abortion and prevent climate change in California.

Newsom and supporters argue his record speaks for itself. Under his administration, the state has aggressively funded homelessness programs, advanced carbon emission reduction goals, made substantial investments into renewable energy and strengthened abortion protections.

Speaking with reporters after the debate, Newsom rattled off a litany of policy areas he wants to focus on in the next four years — housing, education, crime, climate change, wildfires, droughts, extreme weather, political polarization, democracy, immigration, a woman’s right to choose — but didn’t speak to specifics.

Nathan Click, Newsom’s campaign spokesperson, said the governor has the benefit of having been in office for four years, and argues he has clearly laid out his plans for California. Newsom’s record and his vision for the future was on “wide display” at the debate, Click said, and the governor has said “time and again that what he’s doing in other states is directly connected to the work that California is doing to protect democracy, to fight climate change, to take on big oil, to advance abortion rights, LGBTQ rights, and to beat back the national Republican assaults on our freedoms.”

Click said Newsom is using the campaign season to help other Democrats, both in and out of state.

Newsom, like others in his party, has turned his attention to the statewide abortion measure, Proposition 1, hoping that will drive Democrats to the ballot box. He’s also thrown his weight around other measures — coming out against an electric vehicle proposition that he says would unfairly benefit the main backer, rideshare company Lyft, and another that would legalize online sports betting.

In some ways, the governor already ran his campaign for reelection last year, during the attempt to recall him from office. In the months leading up to the vote, he was holding regular campaign events and running frequent TV ads.

There was, at that time, a legitimate fear he could be ousted. Both Vice President Kamala Harris and President Joe Biden came out and stumped for him. But California voters in the end gave Newsom a resounding stamp of approval, rejecting the recall by a margin of nearly 24 points.

That victory made an already formidable incumbent even more untouchable.

Even Republicans acknowledge this year’s race is no contest. As Stutzman put it, “he could fall out of bed backwards into a 20-point victory.”

California Republicans haven’t won statewide office since 2006 — when then-Gov. Arnold Schwarzenegger was at the helm. Since then, voter registrations have steadily declined, Democrats have consolidated more power, and conservative donors, who see a run in California as futile, have drastically cut back.

Reaching California’s 40 million residents, who are spread across 163,000 square miles, requires a sizable warchest. The Republican who ran against Newsom in 2018, multimillionaire John Cox, largely self-funded his campaign, and still didn’t come close to winning.

This year, Dahle has raised just over $400,000 to Newsom’s $24 million.

“Look, it’s tough to raise money in California,” the GOP candidate told reporters at the Oct. 23 debate. “The power brokers are behind Gavin Newsom, and most people think this is a long shot.”

So far, Republicans’ critiques of Newsom as an out-of-touch elite haven’t slowed his ascent. His prospects for reelection are all but assured, and his bombastic slams against red states are earning him national attention and praise from liberal audiences outside California.

The governor has framed those dunks as an attempt to play offense against an increasingly powerful Republican narrative. He’s a frequent foil to GOP governors like Florida’s Ron DeSantis, who has also been floated as a 2024 contender and is garnering national attention for his own political stunts.

Newsom, who scours alt-right news blogs in search of the next GOP talking points, says Democrats need to be getting out in front of the Republican narrative — something current party leaders aren’t doing.

“I couldn’t be more proud of my president,” Newsom said in Austin last month. “But my party? No.”

He swears he isn’t going to pursue the White House in 2024, and has committed to serving all four years of a second term, but those presidential prospects are likely to loom large in the years to come.

Dan Schnur, a California political consultant who advised John McCain’s 2000 presidential campaign and served as a spokesperson for former Gov. Pete Wilson, noted that Newsom would not be the first governor to use reelection as an early primary campaign. President George W. Bush ran with a similar tactic during his second second bid for Texas governor in 1998.

In his next term, Schnur said, Newsom will have to show major progress on problems like homelessness, which continues to be a point of frustration for voters and a running critique from conservatives.

“His biggest challenges aren’t inside the building. They’re out in the real world. And if he does decide to run for president, he’s going to have to be able to talk progress on these fronts,” Schnur said.

“Otherwise, he ends up seeing a black and white TV ad of homeless encampments in downtown San Francisco and Los Angeles that say ‘Gavin Newsom’s California.’”