Daily Archives: June 9, 2017

So is Donald Trump secretly recording conversations or not? – CNN

Posted: June 9, 2017 at 1:49 pm

Like many of Trump's tweets, this one immediately came to dominate the political conversation. Did he actually have a secret recording system in the White House? If not, why say it?

And, like many of Trump's tweets, it produced a chain reaction of events that backfired on Trump. The threat -- I guess that's the best way to describe what Trump did -- of the existence of recordings spurred Comey to pass along memos he had written detailing his conversations with Trump to a friend, with the express goal of them being leaked and, hopefully, triggering a special counsel to be appointed.

But, now, there's even more to the Trump tweet on "tapes" of his Comey conversations. Why? Because we have Comey and Trump saying absolutely contradictory things about the nature of those meetings and phone calls.

The easiest way to make this something other than a "he said, he said" situation is for Trump to authorize the release of any and all recorded conversations with Comey -- if, of course, they exist.

"Lordy, I hope there are tapes," Comey said in his testimony before the Senate intelligence committee Thursday. At another point, he added: "The President surely knows if there are tapes. If there are, my feelings aren't hurt. Release the tapes."

All of which makes the White House response to the question of whether a recording system exists all the more troubling. Asked Thursday about the possibility, deputy press secretary Sarah Huckabee Sanders said she had "no idea" if there was a taping system in the White House. When a reporter questioned whether Sanders could find out the answer to that question, she joked: "Sure, I'll try to look under the couches."

That response is broadly consistent with how the White House has played this story since Trump's initial tweet. "The President has nothing further to add on that," White House press secretary Sean Spicer said about the possibility of a taping system in the immediate aftermath of Trump's tweet.

And Trump himself hasn't shed any more light on the tweet, either.

Given Comey's testimony -- under oath -- that stone-walling strategy is no longer sustainable. At least one person in the White House -- HINT: His initial are DJT -- knows whether or not the President has been secretly taping phone calls and meetings.

If such tapes exist, they need to be heard by both the congressional committees looking into Russia's meddling into the 2016 election and by Mueller's investigators. They are the one thing that could provide definitive evidence of whether Trump or Comey is telling the truth about their interactions.

If the tapes don't exist, we need to know that, too.

Past is usually prologue. If so, Trump and his senior staff will bunker down on the issue -- simply refusing to say anything either way about the existence of a recording system. At which point the ball will be in the hands of Congress and Mueller to get the tapes -- if any tapes actually exist.

The Trump tweet on "tapes" is now a central part of the investigation into what exactly happened between he and Comey. And that's not going to change until we get a clear answer on whether they actually exist -- and, if they do, what's on them.

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So is Donald Trump secretly recording conversations or not? - CNN

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The Fall of Theresa May and Donald Trump? – New York Magazine

Posted: at 1:49 pm

Things seemed rosier for both May and Trump when they met at the White House in January. Photo: Christopher Furlong/Getty Images

Just a few months ago, its worth remembering, we seemed to be careening to a new and possibly long-lived right-populist era in Anglo-American politics. In the U.S., Donald Trump had stunned the world and his own party Establishment by seizing the nomination of the GOP, and then defeating the overwhelming favorite, Hillary Clinton, to win the presidency. In Britain, a referendum on Brexit had shocked and overturned the British and European Establishments, and dispatched Prime Minister David Cameron to the bucolic shires whence he came.

The uninspiring but dogged Theresa May emerged as Camerons successor, after her Tory male rivals had out-machoed and out-plotted each other into mutual destruction. And both Trump and May seemed to have captured a restless, rightist mood in the American and British publics, as Reagan and Thatcher had before them. Trump had endorsed Brexit and May, in turn, had been the first foreign visitor to the White House, desperate for a new U.S.-U.K. trade deal. Although many of us believed that Brexit was understandable but irrational and that Trump was a catastrophe just waiting to unfold, the people of the two countries begged to differ.

Except they didnt entirely, did they? Trump, its always worth recalling, lost the popular vote 4648 percent. Brexit passed only narrowly, 5248 percent. Both countries, despite the top-line results, remained deeply divided riven by the cleavages of globalization and its discontents. And now, its clear, the divisions have not evaporated and the opposition has revived, with increasingly robust energy. This week, Trump slumped to the lowest approval ratings of his term in the upper-to-mid-30s while being called a liar by the former head of the FBI. And May was humiliated there is no other word for it by the British voters in a snap election. In the wake of Brexit and Trump, the forces of reaction in Europe have also seemed to recede. The far right gained but didnt triumph in the Netherlands; Le Pen, while winning a historic level of support, faded in the home stretch. And now the British have actually made it conceivable that Jeremy Corbyn the most left-wing leader in the history of the Labour Party, a sympathizer with Hamas and the IRA, and an old-school unelectable hard-line socialist could be prime minister in the not-so-distant future.

Maybe Bernie could have done it, after all? And maybe this result, just as Brexit foretold Trump, could presage a Democratic swing in the House next year? After this British turbulence, anything is surely possible. But there were some specific American parallels to Mays defeat that are worth noting. She ran an Establishment campaign shockingly like Hillary Clintons in an era when populism can swing in all sorts of unlikely directions. She began with the presumption that she would coast to victory because her opponent was simply unelectable, extremist, and obviously deplorable in every way. She decided to run a campaign about her, rather than about the country. She kept her public appearances to small, controlled settings, while Corbyn drew increasingly large crowds at outdoor rallies. She robotically repeated her core argument that she represented strong, stable leadership, with little else to motivate or inspire voters. She chose to run solely on Brexit and the hardest of Brexits on offer while Labour unveiled a whole set of big-spending, big-borrowing, big-government policies that drew a million new younger voters to the polls. It was Clinton 2016 all over again with the same dismal result.

Mays campaign compensated for her weakness by mercilessly trashing Corbyns record and politics, and was amplified by a chorus of near-hysterical tabloid anti-Corbyn excess. After a while, the Brits felt it was overkill, and the underdog Corbyn, always mild-mannered and never personal in his attacks, gained unlikely sympathy. And then she simply screwed up. She put herself forward as strong and consistent, and yet she had promised for months that she would not hold an early, snap election, only to break her word. She then swiftly reversed herself on a core policy idea that seniors would have to reimburse the government for home care from their own estates upsetting her elderly base, and then stupidly refused to admit shed performed a U-turn. She decided to skip the televised debates, and thereby looked defensive and weak. She came across as less authentic than Corbyn, and much less comfortable in herself. When you look at the polling, its no surprise to see the biggest shift in voting intentions in any election campaign in British history. From almost the moment the election was announced, Labour soared. The 20-point gap narrowed to a few within a little over a month. Hers might have been the worst campaign in modern British history just as Clintons was on this side of the pond.

And on the critical issue of Brexit, she underestimated the ambivalence in the country as a whole. She mistook 52 percent for a national consensus. In London and the Southeast in particular, those who voted Remain in the referendum or who intended to but didnt came out in force to oppose a hard Brexit. The millennials actually turned up this time. In a student town like Cambridge, for example, the Labour majority went from 599 to more than 12,000 a staggering leap. Labour, moreover, shrewdly didnt run to reverse Brexit, and were thereby able to siphon off some pro-Brexit working-class voters from the swiftly collapsing UKIP.

What all this means now that Article 50 has been triggered to kick off the Brexit process is anyones guess. But among those celebrating last night were surely Emmanuel Macron, Angela Merkel, and the EU elite. This could put Brexit back in play, and certainly destroys Mays credibility in the looming negotiations. Its therefore a near certainty now that she will be gone in short order. The tabloid press this morning is already after her, and the ruthless Tories will follow. A possible replacement: the young lesbian leader of the Tories in Scotland, Ruth Davidson, whose success north of the border may well have kept the Tories from an even worse result. And that, indeed, was another surprise: the parties in Scotland that favor keeping the union with England won twice as many votes as the Scottish Nationalist Party. This was a vote for keeping the entire country together and for less of a rush to get out of the EU (and even perhaps a second referendum). It was a populist wave for the recent past.

The populism weve seen bolster the right, in other words, is a fickle beast. What this election shows in Britain is that after years of austerity and neoliberal economics, there is also an opening for a left-populism, at least in Europe. Whether it can win outright is another question. But what it has been able to do is to tip Britain into an unexpected political impasse, to give it a parliament where the Tories will not be able to sustain a reliably pro-Brexit majority for very long, and to make it all but certain that another election will at some point have to be called, possibly in the fall. What the result of that will be is something I will not safely predict until the morning after except that Corbyn will be running, and May wont.

And there was a lovely resonance, dont you think, that this shocking reversal for right-populism came on the very same day that President Trump was definitively shown to be more than worthy of impeachment. Ive long been a skeptic of some of the darkest claims about his campaigns alleged involvement with the Russian government and possible evidence thereof but Im not skeptical at all of the idea that he has clearly committed a categorical abuse of his presidential power in his attempt to cover it up.

This sobering reality was not advanced by the Comey hearings yesterday, riveting though they were. We have long known that Trump colluded with the Russian government to tilt the election against his opponent because he did so on national television during the campaign, urging the Kremlin to release more hacked Clinton emails to help him win. We also know that he fired FBI Director James Comey in order to remove the cloud of the Russian investigation from his presidency because Trump said so on national television himself and then boasted about it to two close Putin lackeys in the Oval Office!

But the details to buttress this picture add weight and texture to all of it. Comey credibly asserted that the president asked for personal loyalty to him, and not to the Constitution; that Trump sought leverage over Comey in a highly inappropriate private dinner for two; that he cleared the Oval Office of everyone else so that he could ask Comey alone to drop the inquiry into former national security adviser Michael Flynns contacts with Russia; that when Comey refused to obey, the president fired him; that when asked why he fired him, the president openly cited the investigation into Russia; and that he then brazenly threatened the FBI director if he spoke the truth about their interactions in hearings or the press.

What else do we really need to know?

Or look at it this way: We now have a witness of long public service, clear integrity, with contemporaneous memoranda and witnesses, who just testified under oath to the presidents clear attempt to obstruct justice. Any other president of any party who had been found guilty of these things would be impeached under any other circumstances. Lying under oath about sexual misconduct is trivial in comparison. So, for that matter, is covering up a domestic crime. Watergate did not, after all, involve covering up the attempt of the Kremlin to undermine and corrode the very core of our democratic system free and fair elections. Even conservative commentators have conceded that if this were a Democrat in power, almighty hell would have already been unleashed. We wouldnt be mulling impeachment. It would already be well under way.

The defenses of the president are telling. Republican senators were attempting to parse the words I hope yesterday in a manner that made Trumps aspiration to get Flynn off seem like an innocent musing directed at no one in particular when it was directed alone in private to the man running that investigation. Please.

The Speaker of the House then tried this one on: The presidents new at this. Hes new to government and so he probably wasnt steeped in the long-running protocols that establish the relationships between DOJ, FBI, and White Houses. Hes just new to this. Excuse me? Someone who assumes the office of the presidency without knowing that we live under the rule of law, and who believes that the president can rig the legal and investigative system to his own benefit, has no business being president at all. This should not be part of some learning curve. Not knowing this basic fact about our constitutional democracy something taught in every high school is ipso facto disqualifying. If the president doesnt know this, he doesnt know anything. And if he can violate this clear, bright line, he can violate anything.

What chills me even more is how Comey of all people was clearly intimidated. He didnt threaten to resign; he didnt immediately cry foul; he appealed only to Sessions, who rolled his eyes. This cowardice to use Comeys own term is from a man who stood up to a previous president under great duress in the emergency of wartime. Imagine how many other functionaries, less established and far weaker and less pliable than Comey, will acquiesce to abuse of this kind, if it is ignored, enabled, or allowed to continue.

And yet Trump remains in office, hoping that our outrage will somehow be dimmed by his shameless relentlessness and constant distractions. In classic Roy Cohn fashion, he is now, through his thuggish lawyer, calling for an investigation into (yes) Comey for his leak of his (unclassified) memoranda as a private citizen. He will say or do anything and yes, lie through his teeth repeatedly to obscure the reality in front of our eyes. But we need to be clear about something. If we let an abuse of power of this magnitude go unchallenged, we have begun the formal task of dismantling our system of government. This is not a legal matter dependent on whether you can convict someone of a specific crime. This is a political matter and of the gravest kind about whether we wish to sustain our liberal democratic norms.

Do we Americans have sufficient integrity to do this, and to reverse the drastic error we all so recently made? Maybe the British have just showed us that, yes, we can.

Theres a group of guys in a back room somewhere that are making these decisions.

The First Daughter called her current plan a placeholder and is open to other approaches, according to a report.

After a horrific election, she is managing to form a minority government. But her political situation is fragile.

A White House pick voiced a certain view of who is eligible for salvation. The Vermont senator considered that disqualifying.

Comey made unauthorized disclosures to the press of privileged communications with the president, Marc Kasowitz said.

The president says that James Comey is a liar and also a reliable source who completely and totally vindicates him.

In which Jezzas high five goes spectacularly wrong.

Smart tech-boy Jared Kushner will try to modernize the government.

The nations most expensive House race just keeps getting pricier.

The attorney general has admitted to two meetings with the Russian ambassador. There may have been a third.

She called an election early to shore up her majority and now her political future is in doubt.

The U.K. election shows the populism weve seen bolster the right is a fickle beast.

Hes been uncharacteristically quiet, but aides worry this is just the calm before the tweetstorm.

Defying expectations, Theresa May did not buttress her majority and Labour did not fall apart under Jeremy Corbyn. Either could wind up in power.

Prosecutors claim she wrote, I want to burn the White House down in a notebook, and may have leaked other documents.

But Paul Ryans attempt to deregulate the big banks wont get anywhere in the Senate, where it will need Democratic votes to pass.

But so far hes gotten nowhere.

After a long day of Senate testimony, we all need a palate cleanser.

After calling Comey a liar, Trump attorney identifies him with the leakers some Trump fans believe are trying reverse the election.

A law allowing minors as young as 14 to get married will finally be changed.

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The Fall of Theresa May and Donald Trump? - New York Magazine

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For Hartford, bankruptcy not an easy way out – The CT Mirror

Posted: at 1:49 pm

Carol M. Highsmith / Library of Congress

The Hartford skyline

At a May 22 town hall meeting on Hartfords dire budget situation, a resident urged Mayor Luke Bronin not to file for bankruptcy, saying it would be a death knell for the city.

Would it?

Almost since taking office at the beginning of last year, Bronin has proclaimed from the metaphorical rooftops that the capital city doesnt have the resources to meet its increasing financial obligations and is at risk of insolvency.

The city patched the last hole in the current budget with short-term borrowing and faces a projected $65 million gap in next years budget, with no new sources of revenue. Withoutadditional help $40 million more from the state and union concessions that mostly have yet to materialize Bronin has said he will not rule out filing for bankruptcy.

A Hartford bankruptcy is almost incomprehensible to those who remember the citys thriving downtown and humming factories in the post-World War II years. But the reality is that after decades of slow decline, marked by middle-class flight, rising costs and loss of its once-imposing manufacturing base, the city is tapped out.

Most agree that a bankruptcy filing by the states capital city would be a major embarrassment for the city and the state. That might not be the worst of it.

The prospect of bankruptcy is frightening enough that most distressed cities try mightily to avoid it.

Since Congress created what is now Chapter 9 of the U.S. Bankruptcy Code in 1937 to allow political subdivisions of states (but not states themselves) to file for bankruptcy protection, relatively few have done so.

There have been only 673 filings under Chapter 9, fewer than nine a year, and most of those were special districts school, utility or sewer districts not cities or towns, said James Spiotto, a Chicago lawyer and bankruptcy specialist, and co-author of Municipalities in Distress: How States and Investors Deal with Local Government Financial Emergencies.

Keith M. Phaneuf / CTMirror.org

Hartford Mayor Luke Bronin and Corporation Counsel Howard Rifkin

Since 1980 only 54 counties, cities or towns have filed for Chapter 9 protection, and more than a third of those filings were withdrawn or dismissed. Nonetheless, some highly publicized municipal bankruptcy proceedings have gone forward in the past decade, the best known of which include Detroit; Vallejo, Stockton and San Bernardino, Cal.; Jefferson County, Ala.; and in New England, Central Falls, R.I.

These communities were out of options. The trend in Connecticut and across the country has been for states to intervene and help distressed communities right themselves (a couple of states, Georgia, for one, dont allow their towns to file for Chapter 9 protection).

State intervention is almost always a better option, said Spiotto in a telephone interview. Here are some reasons why:

If a city is willing to endure this array of unpleasantries, it can have its debts reduced to a sustainable level and get a new start.Vallejo slogged through bankruptcy with severe cuts in public safety and reductions in home values, among other challenges. But in the end, Acting City Manager Phil Batchelor told an NPR interview in 2012 that the experience has been good. We were able to save probably in excess of $30 million, but we had legal bills of over $12 million.

Detroit, whose $18 billion municipal bankruptcy in 2013 was the largest in U.S. history, has seen new investment in downtown and some neighborhoods some are calling it a comeback city though other neighborhoods are still abandoned and forlorn. The Motor City is recovering, but not recovered, said Spiotto.

University of Connecticut

A rendering of the UConn Hartford campus nearing completion downtown. The new campus will add vitality downtown, but it also will be exempt from city property taxes.

Central Falls, in the final year of its five-year recovery plan, has stabilized its finances, gotten its credit rating upgraded and begun a number of economic development initiatives, said Wilder Arboleda, the citys business outreach and public relations coordinator.

So although bankruptcy isnt quite a death knell, the more common response to a city in distress is fiscal and technical assistance from the state, along with a period of state oversight.Some states, such as Pennsylvania and North Carolina, have boards that regularly monitor the finances of their cities, to be able to intervene before troubles reach the crisis stage.

Gov. Dannel Malloy has proposed such an oversight board for Connecticut, which legislators are still considering.Such a board probably would have intervened in Hartford sooner than 2017; the city has been struggling for several years, selling assets and repackaging debt to balance its budget.

To date, Connecticut has responded ad hoc and usually late in the game when one of its municipalities has foundered on fiscal shoals. In the last three decades, the state has stepped in to oversee the finances of Bridgeport, Waterbury, West Haven and Jewett City, a borough of Griswold.

Bridgeport actually filed for bankruptcy in 1991, but its petition was rejected when the city could not prove it was insolvent, one of several requirements for bankruptcy approval.

State officials opposed Bridgeports petition, not wanting to see the states largest city go bankrupt, then offered help buying a park and a zoo to get the city through the crisis. In 1994 the General Assembly passed a law requiring the governors written approval before a municipality can file for bankruptcy. Gov. Malloy has said he hopes Hartford can avoid bankruptcy.

At this point it looks like there will be another ad hoc intervention. The legislature is working on a solution for Hartford, looking at a myriad of options, said House Democratic majority leader Matthew Ritter. All would include strings, some level of state oversight.

But its not clear that this approach will solve the real problem.

Bankruptcy or state receivership is the symptom of a larger problem that being whatever it was that caused the insolvency. Cities get into fiscal jams for a variety of reasons: mismanagement, a spectacularly poor infrastructure investment, loss of a major employer, unsustainable union contracts, corruption or a slowly declining tax base.

Bankruptcy can buy time, lower debt and protect the city from lawsuits, but it doesnt solve the underlying problem. Just because you go into Chapter 9 doesnt mean you have more revenue, said Spiotto.

Ideally, bankruptcy or receivership will result in a long-term fiscal plan that will align spending with revenues, and a plan to address the problem that put the city in the hole.

Hartford has awarded generous union contracts in the past a good number of police officers have retired with pensions that are higher that their working salaries and made some questionable investments (a baseball stadium that was finally built and a soccer stadium that wasnt) in recent years, but it has had nowhere near the mismanagement that plagued Bridgeport or Waterbury before those cities submitted to state oversight.

The citys fundamental problem is that it doesnt have enough taxable property to support itself.Connecticut is heavily reliant on the property tax; it is virtually the only way municipalities can raise revenue.

Hartford occupies only 18 square miles, and more than half of its property is off the taxable grand list hospitals, colleges, government buildings, etc. The city has far and away the highest tax rate for commercial property in the state, 74.29 mills, and Mayor Bronin is loathe to raise it.

Lack of an adequate tax base is a characteristic of several distressed cities. Central Falls, for example, has 19,000 people on an astoundingly small 1.2 square miles. One of the efforts to revive the city has been a task force aimed at getting foreclosed properties back on the tax rolls, said principal planner Trey Scott.

With less taxable property than some of its suburbs, but with the bills for many of its regions social ills, Hartford can only raise about half the money it spends, and must rely heavily on state assistance.

Bronin said he has cut 100 jobs and $20 million from the budget, but still has fixed costs pensions, health care and debt service that are rising. He said the city is being run efficiently, and he would welcome someone looking over his shoulder.

An oversight panel might give the city some leverage with its unions one of which voted down a contract last month that would have saved the city $4 million over six years. But though union concessions are probably essential to gaining more state help, they wont by themselves balance the budget.

A one-time bailout wont work either; the city needs a revenue source for a period of years to meet rising debt and pension obligations. The legislature could provide ongoing help by adding to the sales tax, or, as Bronin noted in his budget message, by fully funding state reimbursements for nontaxable property, known as payments-in-lieu-of-taxes, or PILOT, a program that has been chronically underfunded for decades. Fully funding PILOT would provide Hartford with enough money an estimated $50 million a year to stabilize its budget.

As Hartford officials are well aware, it is not a good time to ask. The state faces a daunting deficit of more than $5 billion over the next two years. Lawmakers have gone into special session to work on the budget, and are not expected to have a solution for Hartford until the state budget is completed.

Though it will be challenging to find more money for Hartford, Bronin argues that it is essential that the state create more economic and social vibrancy in its major cities, making them a draw for bright young people, because thats what businesses are looking for today. The departure of GE from its suburban Fairfield campus to Boston and the impending departure of Aetnas headquarters from Hartford would appear to support his argument.

Some distressed cities across the country have gotten back on the road to prosperity, via sound economic planning. Pittsburgh, for example, invested in medicine and technology, along with arts, infrastructure and riverfront activity, which have helped the city recover from the crushing loss of the steel industry in the latter half of the last century.

Hartford has a number of initiatives underway downtown housing, a new UConn branch, bus and train transit, plus a longstanding riverfront revival program that should help its economic growth. It is one of four cities awarded a share of $30 million by CTNext to create high-tech innovation hubs.

It just needs, somehow, to bridge the budget gap.

This is not a drill. Hartford may once have been the richest little city in the country a comment attributed to the renowned novelist Henry James but it is no longer.

The Jan. 9 city council agenda had a proposed resolution urging the city to buy a re-usable tree for Christmas presentation and cease purchasing poinsettias and/or other plants to decorate city hall until the city is financially able to do so.

It has come to that.

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For Hartford, bankruptcy not an easy way out - The CT Mirror

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Retailer BCBG Unveils Going-Concern Bankruptcy Sales – Wall Street Journal (subscription)

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Retailer BCBG Unveils Going-Concern Bankruptcy Sales
Wall Street Journal (subscription)
Women's clothing retailer BCBG Max Azria Group LLC announced bankruptcy deals worth $165 million to sell off its core businesses, which would live on as a going concern. Marty Staff, BCBG's interim acting chief executive officer, said the proposed ...

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Abengoa Bankruptcy Liquidation Plan Confirmed – Bankrupt Company News (press release) (blog)

Posted: at 1:49 pm

The U.S. Bankruptcy Court confirmed Abengoa Bioenergy US Holdings Third Amended Joint Plans of Liquidation.

As previously reported, The Plan as currently proposed, including the proposed treatment of the MRA Guarantee Claims, is premised on substantive consolidation and provides Bioenergy General Unsecured Creditors with a substantially higher recovery than they could otherwise expect to receive. The most important consideration for the Holders of the MRA Guarantee Claims was that their entitlement to the $32.5 million.

In addition, The proposed settlement allows the Plan Proponents to avoid costly, time consuming, and potentially uncertain litigation, whereby if unsuccessful certain creditors would receive no recovery in 2017 and little, if any recovery in 2018, or even later if the parties engage in protracted litigation. As reflected in the Liquidation Analysiswithout the proposed settlement of the MRA Guarantee Claims, most of the available proceeds for distribution to Holders of Bioenergy General Unsecured Claims would have been distributed to the Holders of MRA Guarantee Claims, leaving Holders of Bioenergy General Unsecured Claims with a small fraction of their projected recovery under the Plan as proposed.

The order states, Pursuant to section 1123 of the Bankruptcy Code and Bankruptcy Rule 9019, the Cofides Settlement is an integrated compromise and settlement of numerous issues and disputes designed to achieve a beneficial and efficient resolution of these Chapter 11 Cases for all parties in interest. The Court finds that the relief sought in the Cofides Settlement Motion is an exercise of sound business judgment, and is in the best interests of the Debtors, the Debtors estates, creditors, and all parties in interest, and that the legal and factual bases set forth in the Cofides Settlement Motion establish just cause for the relief granted herein, and that the Cofides Settlement Motion satisfies rules 2002 and 9019 of the Federal Rules of Bankruptcy Procedure.

This renewable energy plant operator filed for Chapter 11 protection on February 24, 2016, listing $648 million in pre-petition assets.

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Owner of Joe’s Crab Shack chain files for bankruptcy – CNBC

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The owner of the Joe's Crab Shack casual dining chain filed for Chapter 11 bankruptcy on Tuesday amid falling sales, and plans to sell the company for at least $50 million to a private equity firm, according to a court filing.

Ignite Restaurant, which also owns the Brick House Tavern + Tap chain, has been closing weaker locations and began to pursue a sale of the business last year, according to court documents.

However, as operations continued to worsen through early 2017, interested bidders withdrew their proposals and Ignite began to consider bankruptcy, according to a court filing by Jonathan Tibus, the company's acting chief executive officer.

Ignite filed with the U.S. Bankruptcy Court in Houston a proposal to sell its assets to Kelly Investment Group, a private equity firm. Other interested buyers will be invited to challenge the Kelly bid at a court-supervised auction, according to court documents.

A spokesman for Ignite did not immediately respond to a request for comment.

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Owner of Joe's Crab Shack chain files for bankruptcy - CNBC

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Nuclear war: the US took a highly bureaucratic response to preparing for it – The Australian Financial Review

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Former US President Richard Nixon. After Nixon's first briefing on the use of nuclear weapons there were only five possible retaliatory or first-strike plans, and none involved launching fewer than 1000 warheads national security adviser Henry Kissinger said: "If that's all there is, he won't do it."

Garrett Graff says that his new book, Raven Rock, a detailed exploration of the United States' doomsday prepping during the Cold War, provides a history of "how nuclear war would have actually worked the nuts and bolts of war plans, communication networks, weapons, and bunkers and how imagining and planning for the impact of nuclear war actually changed ... as leaders realised the horrors ahead."

But if there is anything that Raven Rock proves with grim certitude, it is that we have little idea how events would have unfolded in a superpower nuclear conflict, and that technological limits, human emotion and enemy tactics can render the most painstaking and complex arrangements irrelevant, obsolete or simply obscene.

These contradictions are evident with each commander in chief Graff considers. During an apparent attack that proved to be a false alarm, Harry Truman refused to follow protocol and instead remained working in the Oval Office. Same with Jimmy Carter, who after a 1977 drill wrote in his diary that "my intention is to stay here at the White House as long as I live to administer the affairs of government, and to get Fritz Mondale into a safe place" to ensure the survival of the presidency.

And after Richard Nixon's first briefing on the use of nuclear weapons there were only five possible retaliatory or first-strike plans, and none involved launching fewer than 1000 warheads national security adviser Henry Kissinger was blunt about the president's dismay with his alternatives: "If that's all there is, he won't do it."

Graff, a former editor of Washingtonian and Politico magazines, covers every technicality of the construction of underground bunkers and secret command posts, every war game and exercise, every debate over presidential succession planning and continuity of government, every accident that left us verging on nuclear war. It is a thorough account, and excessively so; the detail is such that it becomes hard to distinguish consequential moments from things that simply happened. He describes one presidential briefing on nuclear tactics as "a blur of acronyms and charts, minimising the horror and reducing the death of hundreds of millions to bureaucratic gobbledygook", and at times this book commits the same offence.

Its power, however, lies in the author's eye for paradox. The plans for continuity of government and nuclear war are cumulative, developed in doctrines, directives and studies piling up over decades; yet it is up to short-lived and distracted administrations to deploy or reform them. War planning hinges on technology that constantly evolves, so plans invariably lag behind. More specifically, continuity of government depends on keeping top officials alive, yet "the precise moment when evacuating would be most important also was precisely when it was most important to remain at the reins of government", Graff writes.

Defence Secretary Donald Rumsfeld proved the point on September 11, 2001, when he stayed at the Pentagon and dispatched Paul Wolfowitz to Raven Rock, the Pennsylvania mountain hideaway north of Camp David that serves as the namesake for this book. "That's what deputies are for," the Pentagon chief explained, in a beautifully Rumsfeldian line.

There are more personal reasons people would choose not to leave Washington in the case of looming nuclear war. For years, evacuation plans excluded the families of senior officials. Apparently the wives of President Dwight Eisenhower's Cabinet members were less than pleased to learn that they had not made the list, even while their husbands' secretaries had. And when an administration representative handed Earl Warren the ID card that would grant him access to a secure facility in an emergency, the chief justice replied, "I don't see the pass for Mrs Warren." Told that he was among the country's 2000 most important people, Warren handed the card back. "Well, here," he said, "you'll have room for one more important official."

Perhaps the presence of the Supreme Court would prove inconvenient, anyway, because a post-nuclear America could easily become "an executive branch dictatorship", Graff explains. Eisenhower worried about this, though it did not stop him from establishing a secret system of private-sector czars who would step in to run massive sectors of the US economy and government, with the power to ration raw materials, control prices and distribute food.

When President John Kennedy discovered this system, he quickly dismantled it, even if his younger brother, Attorney General Robert F. Kennedy, carried around a set of pre-written, unsigned documents providing the FBI and other agencies sweeping powers to detain thousands of people who could be deemed security threats in wartime. And the Eisenhower-era Emergency Government Censorship Board, rechristened the Wartime Information Security Program under Nixon, was finally defunded after Watergate. However, as Graff notes, "the executive orders all still remained drafted ready for an emergency when it arrived".

For all the ominous directives and war scenarios, there is something random and even comical about planning for Armageddon. How many Export-Import Bank staffers rate rescuing? How many from the Department of Agriculture? A Justice Department public affairs official was once even tasked with compiling a lineup of Washington journalists who should be saved. "I remember painfully going over a list of people and wondering how do you balance a columnist I didn't think very much of as opposed to a reporter who I thought really did work," he said.

And then, what should the chosen few take along? The congressional bunker at the Greenbrier resort in West Virginia, for instance, included a stash of bourbon and wine; staffers "swore that the stockpile was to be used only to aid a hypothetical alcoholic congressmen who might need to be weaned off".

Raven Rock revels in the expensive machinery and elaborate contingency formulas presidents had at their disposal to command the nuclear arsenal. High-tech ships known as the National Emergency Command Post Afloat (nicknamed the "Floating White House") were ready for use from 1962 into the Nixon years, while a string of EC-135 aircraft flights (codenamed "Looking Glass") began continuous shifts on February 3, 1961, ensuring that one senior military leader with the proper authority would always be available to order a nuclear strike. Not "breaking the chain" of these overlapping flights became a US military obsession, and it remained unbroken until the end of the Cold War.

Some efforts were low-tech, too: In 2009, President Barack Obama signed an executive order decreeing that the Postal Service would be responsible for delivering "medical countermeasures" to homes across America in case of biological attacks, because it had a unique capacity for "rapid residential delivery". (Neither snow nor rain, nor germ warfare.)

Technology meant to defend can prove risky. In November 1979, NORAD computers detected a massive Soviet assault, targeting nuclear forces, cities and command centres. Turns out someone had mistakenly inserted a training tape into the system. Six months later, a faulty 46-cent computer chip briefly made it seem like 2200 Soviet missiles were soaring toward US targets. And in September 1983, Soviet satellites identified five US missiles heading toward the USSR except the satellites had mistaken the sun reflecting off cloud cover as the heat of a missile launch. "The Soviet early-warning system was a dangerous mess," Graff writes. Ours wasn't that great, either.

Over the decades, shifts in nuclear policy reflected presidents' views on what was possible, technologically and strategically. Eisenhower planned for "massive retaliation" attacks, Kennedy relied on the notion of mutually assured destruction, and Carter imagined a drawn-out war, in which an initial nuclear exchange could produce weeks of inaction before follow-up strikes. Ronald Reagan issued a presidential directive suggesting for the first time that the United States should "prevail" in a nuclear war, even if the 1983 television movie The Day After later left him feeling "greatly depressed", as he wrote in his diary.

For all the horrors it contemplates, Raven Rock proves most depressing for those of us left outside the bunkers. Though early on, Cold War administrations regarded civil defence as a priority, officials quickly realised how hard it would be to protect the American population from nuclear attack, especially as the shift from bombers to missiles reduced response times from hours to minutes. "Rather than remake the entire society," Graff writes, "the government would protect itself and let the rest of us die."

But every mushroom cloud has a silver lining: Graff reports that the IRS considered how it would collect taxes in the post-nuclear wasteland and concluded that "it seemed unfair to assess homeowners and business owners on the pre-attack tax assessments of their property".

Leave it to a nation founded in opposition to unfair levies to study the tax implications of the end of the world.

Washington Post

Raven Rock: The Story of the US Government's Secret Plan to Save Itself While the Rest of Us Die, by Garrett Graff, published by Simon & Schuster. Lozada is the non-fiction book critic of The Washington Post.

Washington Post Book World

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‘War on drugs’ is costing thousands of lives Press Enterprise – Press-Enterprise

Posted: at 1:47 pm

While American foreign policy has for years fixated on the conflict in Syria and the Middle East, just across the border in Mexico and throughout Central America tens of thousands of people lost their lives last year because of the conflict between drug cartels competing to deliver illicit drugs into the United States.

According to a recent report from the International Institute for Strategic Studies, whereas approximately 50,000 lives were lost in Syria last year, approximately 39,000 were killed in Mexico, Honduras, Guatemala and El Salvador, much of which is attributable to drug-war violence.

Mexicos homicide total of 23,000 for 2016 is second only to Syrias, and is only the latest development in a conflict which stretches back to 2006, when President Felipe Calderon deployed the military to combat drug cartels.

Although the exact number of people killed because of the drug war in Mexico is unlikely to ever be known, a recent report from the Congressional Research Service cited estimates from 80,000 to more than 100,000 in that country alone.

The cause of this violence is obvious, and it is a direct, predictable consequence of our failed policy of drug prohibition. In the near-half century since President Richard Nixon declared a war on drugs, hundreds of thousands of Latin Americans have been killed in conflicts fueled by a lucrative illicit drug trade made possible by our prohibition of drugs.

This is an insight a certain New York developer possessed 27 years ago. Were losing badly the war on drugs, Donald Trump said in 1990. You have to legalize drugs to win that war. You have to take the profit away from these drug czars.

While Trump may have since lost this insight, the fact remains that the war on drugs does more harm than drugs themselves.

Last year, Colombian President Juan Manuel Santos used his Nobel Peace Prize acceptance speech to call for a rethink of the drug war, which contributed to decades of conflict in Colombia that killed hundreds of thousands.

Rather than squander more lives and resources fighting a War on Drugs that cannot be won including in our inner cities the United States must recognize the futility and harm of its drug policies.

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'War on drugs' is costing thousands of lives Press Enterprise - Press-Enterprise

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New war on drugs – Fort Wayne Journal Gazette

Posted: at 1:47 pm

More than 59,000 Americans died of drug overdoses in 2016, according to a recent analysis by the New York Times.

Drug overdoses are now the leading cause of death among Americans under 50, the Times reported Monday. Cautioning that the data are preliminary, the Times estimated drug deaths rose 19percent over the 52,404 recorded in 2015. And all evidence suggests the problem has continued to worsen in 2017.

It's worsening here, as well.

This year, from Jan. 1 to the end of May, there were 468 drug overdoses in Allen County, Fort Wayne Police Capt. Kevin Hunter said Thursday. During the same period in 2016, there were267 drug overdoses.

As of this week, overdoses have led to 35 confirmed deaths; toxicology results are awaited in 15 other fatalities. It's likely, Hunter said, that those will also be confirmed as drug deaths.

In all of 2016, there were 68 overdoses.

Nationally and locally, the increases in deaths are being driven by addictions to opioid pills and heroin. Hunter, who leads the Fort Wayne department's drug-fighting efforts, said his officers also are seeing an increase in overdoses caused by the synthetic cannabinoids known as spice, though to his knowledge none of the spice victims has died.

Authorities have tried manynew strategies locally and statewide, tightening access to opioid medicines, improvingtraining formedical workers, making naloxone the overdose antidote more widely available and, recently in Fort Wayne, trying to follow the drugs that caused overdoses back to their sources. But as the problem shows no signs of abating, more attention has shifted to the need for more resources to treat addicts. Even with more federal and state funds being allocated, there's a sense that treatment facilities can't keep up.

In Ohio, where the Times estimated overdose deaths there increased by 25percent last year,officials adopted a strategy Indiana should consider. The state sued the pharmaceutical industry, contending that misleading marketing campaigns fooled patients and doctors into believing opioids were safe.

Modeled on legal actions against the tobacco industry in the 1990s, the opioid lawsuits are viewed as a way to raise funds to fight health problems it can be argued the companies involved helped create.

West Virginia won a similar lawsuit that will provide the state tens of millions of dollars, the Times reported, and lawsuits also have been filed by Mississippi, the city of Chicago and by counties in several states.

We are aware of the filings in Ohio and will be following this lawsuit closely, Attorney General Curtis Hill said in a statement emailed to The Journal Gazette Thursday. We are also aware of actions and litigation occurring in other states in this regard. My office has been and will continue to gather information and monitor these various actions as we consider the best course of action for the state of Indiana.

Thescope of the drug problem demands that dramatic solutions be considered.

In addition to fighting opioids and spice, local police are seeing an increase in crystal meth from Mexico which offsets the good news that the numberof homegrown meth labs here has dropped dramatically. And, Hunter said, his department is bracing to deal with more cocaine, which is reportedly making a comeback in other communities.

I don't expect that things will get any better soon, Hunter said.

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New war on drugs - Fort Wayne Journal Gazette

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Still Don’t Think The War On Drugs Is Racist? Watch This Video – Civilized

Posted: at 1:47 pm

If you had any doubt that the War on Drugs is racist, check out this story of two average Americans who faced the same legal problem that had very different impacts on their lives because of their racial and economic background.

In the one corner, you have Ross - a young white guyfrom Houston who got pulled over one day in his hometown. After searching his car, the cop found a sock full of a powdery substance that the arresting officer tested using a drug field kit. Ross sat in the back of the officer's car, chatting with a friend as he waited for the bad news:he was charged with possessing 252 grams of meth based on the results of the field test.

In the other corner, you have Barry, a black guy who was also pulled over in Houston one day. His vehicle was also searched, and a powdery substance found inside was also put througha field test. But unlike Ross, Barry had to wait for the result while lying on the ground with an officer's knee on his neck because they found a gun magazine in his car. No, not a 'magazine' as in a clip of bullets. Officers found a copy of Guns & Ammomagazine in his car. Barry was then taken into custody when the sample tested positive as less than a gram of cocaine.

So both men were charged for drug crimes. But Ross got to walk out shortly afterward because his dad secured a bail bond and hired a lawyer that had the case overturned after a more accurate test revealed that the sock was actually full of kitty litter. Turns out, Ross' dad put the litter-filled sock in his car after reading that it was a good makeshift de-humidifer/de-odorizer.

Barry wasn't so lucky. He couldn't afford a lawyer, so he got stuck with a court-appointed attorney who recommended taking a plea bargain instead of waiting for the results of the drug test to come through. And Barry had good reason to take the lesser sentence since the prosecutor wanted 20 years for the crime. And the judge warned him, "If you all want to play with me, by the time you get out of jail, they'll have flying cars."

So Barry ended up doing 180 days in prison. When he got out, his criminal record kept him from getting public assistance or food stamps. Then a year after his release, a lab report came out verifying that the roadside test was wrong. But he had to wait another 5 years to be exonerated of the charge.

But the worst part is that we're going to be seeing a lot more cases like Barry's because Attorney General Jeff Sessions has made it tougher to double-check the results of those flawed field tests -- which can give false positives for substances like chocolate, soap, cheese, anything with sugar and a lot of other common household items. Samantha Bee explains why in this video.

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Still Don't Think The War On Drugs Is Racist? Watch This Video - Civilized

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