wnd--2020-05-18--The murder trial of Andrew Cuomo

The murder trial of Andrew Cuomo

In the matter of The People v. Andrew Cuomo , on the charge of murder , I am attorney Scott Lively , representing The People .
You have been empaneled as the jury in this matter , and it will be your job to determine the guilt or innocence of the defendant in this case , Mr. Andrew Cuomo , governor of the state of New York , on the charge of murder in the deaths of thousands of elderly Americans who lost their lives in nursing homes as a consequence of infection with COVID-19 disease caused by exposure to @ @ @ @ @ @ @ placed in these homes .
These initial facts are uncontested , and news reports have informed the entire world of the great human tragedy suffered by these victims and their families .
But the question before you today is the degree of responsibility for those deaths that should be borne by the defendant .
This is a question of fact that only you , the jury , can decide .
What the evidence will show is that in the first five months of 2020 , as the COVID-19 Pandemic raged through the state @ @ @ @ @ @ @ of New York 's citizens most vulnerable to the ravages of this terrible disease were killed by this virus in nursing homes .
We will show that these nursing home deaths represented 25 % – literally a quarter – of all COVID-19 deaths in the state of New York , a vastly disproportionate number of victims compared to the size of the general population of infected persons .
The People will call witnesses from the State Health Department to explain a March 25 policy directive requiring nursing homes to take coronavirus patients .
@ @ @ @ @ @ @ binding directive barred nursing homes from requiring incoming patients `` to be tested for COVID-19 prior to admission or readmission . ''
They will also affirm that this policy was not just holdover bureaucratic red tape that forced nursing homes to accept infected patients , but was a premeditated policy change , specifically implemented at the height of the pandemic , in response to it !
We will show that the March 25 order states , `` Residents are deemed appropriate for return to a [ nursing home ] upon a determination by @ @ @ @ @ @ @ resident is medically stable for return . ''
And we will call witnesses to verify that while the notification gave no specific definition of `` medically stable , '' health experts insist that those patients should have been assumed to be contagious .
We will further show that even when the disease began rampaging through these care facilities like a hurricane , the state would not reverse the policy .
We will call the head of Brooklyn 's Cobble Hill Health Center and introduce as evidence his frantic email exchange with state health @ @ @ @ @ @ @ to send suspected COVID cases to the Javitz Center or the medical ships in New York Harbor .
He will testify that he was denied permission and that more than 50 residents at his home died .
Other nursing home officials from around the state will tell similar stories .
The Defense will argue that Gov .
Cuomo should not be held responsible for the actions of his state health officials , and that in the month of May he eventually did intervene to rescind the March 25 directive , but we will @ @ @ @ @ @ @ only after calls for an independent investigation had begun circulating in the media , and we will call a Cuomo aide who will state that the May policy change was not a reversal in recognition of error , but simply a new policy based on increased hospital capacity and testing .
We will also show that Gov .
Cuomo wielded de facto dictatorial power during this period .
The People will call witnesses who will testify that the Cuomo administration intentionally withheld the data on nursing home deaths from the public , and @ @ @ @ @ @ @ the jury , to decide whether this evidence proves knowledge of guilt , and whether precious lives could have been saved by an earlier public outcry .
In this trial , there will be a lot of back and forth about just how deadly COVID-19 really is and how many of the governor 's actions and policies that now seem erroneous to critics can be justified by the exigent circumstances at the time .
And surely the people would agree that no leader can bat a thousand in the best of circumstances , @ @ @ @ @ @ @ major public health emergency .
However , we will argue that this case is not about any one bad choice or policy , but a pattern of choices that reflect at the very least a gross and callous disregard for human life , and at worst , a deliberate intention to sacrifice the elderly and infirm as more expendable than others in the battle against COVID-19 , or , even worse , considering them so disposable as to not be worthy of efforts to sequester them in less contagion-susceptible facilities .
That 's @ @ @ @ @ @ @ will show that it is not an unreasonable conclusion , and that other policies enacted under the governor 's leadership bolster it .
We will , for example , take a close look at an April 17 directive of New York state health officials ordering emergency service workers not to revive anyone without a pulse , stating in a memo , the change is `` necessary during the COVID-19 response to protect the health and safety of EMS providers by limiting their exposure , conserve resources , and ensure optimal use of equipment @ @ @ @ @ @ @ . ''
Like the nursing home directive , this policy was also eventually rescinded , but only after public outcry .
In the end , however , your determination of Gov .
Cuomo 's culpability may have less to do with the enormous volume of evidence The People will present than with the simple common-sense observation that while the governor was justifying the near total lockdown of the state of New York , sacrificing hundreds of thousands if not millions of jobs , suspending the peoples ' most fundamental constitutional rights and forcing @ @ @ @ @ @ @ the name of protecting the most vulnerable – he was knowingly and intentionally sending hundreds of disease carriers into the very facilities where the most vulnerable were congregated in conditions most optimal for the spread of the disease .
If that 's not murder , then words have lost their meaning .

In the matter of The People v. Andrew Cuomo, on the charge of murder, I am attorney Scott Lively, representing The People. You have been empaneled as the jury in this matter, and it will be your job to determine the guilt or innocence of the defendant in this case, Mr. Andrew Cuomo, governor of the state of New York, on the charge of murder in the deaths of thousands of elderly Americans who lost their lives in nursing homes as a consequence of infection with COVID-19 disease caused by exposure to infected individuals intentionally discharged from hospitals and placed in these homes. These initial facts are uncontested, and news reports have informed the entire world of the great human tragedy suffered by these victims and their families. But the question before you today is the degree of responsibility for those deaths that should be borne by the defendant. This is a question of fact that only you, the jury, can decide.
What the evidence will show is that in the first five months of 2020, as the COVID-19 Pandemic raged through the state of New York, more than 5,000 of New York's citizens most vulnerable to the ravages of this terrible disease were killed by this virus in nursing homes. We will show that these nursing home deaths represented 25% – literally a quarter – of all COVID-19 deaths in the state of New York, a vastly disproportionate number of victims compared to the size of the general population of infected persons.
The People will call witnesses from the State Health Department to explain a March 25 policy directive requiring nursing homes to take coronavirus patients. These witnesses will testify that this legally binding directive barred nursing homes from requiring incoming patients "to be tested for COVID-19 prior to admission or readmission." They will also affirm that this policy was not just holdover bureaucratic red tape that forced nursing homes to accept infected patients, but was a premeditated policy change, specifically implemented at the height of the pandemic, in response to it!
We will show that the March 25 order states, "Residents are deemed appropriate for return to a [nursing home] upon a determination by the hospital physician or designee that the resident is medically stable for return." And we will call witnesses to verify that while the notification gave no specific definition of "medically stable," health experts insist that those patients should have been assumed to be contagious.
We will further show that even when the disease began rampaging through these care facilities like a hurricane, the state would not reverse the policy. We will call the head of Brooklyn's Cobble Hill Health Center and introduce as evidence his frantic email exchange with state health officials on April 9 begging for permission to send suspected COVID cases to the Javitz Center or the medical ships in New York Harbor. He will testify that he was denied permission and that more than 50 residents at his home died. Other nursing home officials from around the state will tell similar stories.
TRENDING: Is this the 'Final Battle'?
The Defense will argue that Gov. Cuomo should not be held responsible for the actions of his state health officials, and that in the month of May he eventually did intervene to rescind the March 25 directive, but we will show that Cuomo's policy recission occurred only after calls for an independent investigation had begun circulating in the media, and we will call a Cuomo aide who will state that the May policy change was not a reversal in recognition of error, but simply a new policy based on increased hospital capacity and testing. We will also show that Gov. Cuomo wielded de facto dictatorial power during this period.
The People will call witnesses who will testify that the Cuomo administration intentionally withheld the data on nursing home deaths from the public, and it will be up to you, the jury, to decide whether this evidence proves knowledge of guilt, and whether precious lives could have been saved by an earlier public outcry.
In this trial, there will be a lot of back and forth about just how deadly COVID-19 really is and how many of the governor's actions and policies that now seem erroneous to critics can be justified by the exigent circumstances at the time. And surely the people would agree that no leader can bat a thousand in the best of circumstances, let alone under the pressure of a major public health emergency.
However, we will argue that this case is not about any one bad choice or policy, but a pattern of choices that reflect at the very least a gross and callous disregard for human life, and at worst, a deliberate intention to sacrifice the elderly and infirm as more expendable than others in the battle against COVID-19, or, even worse, considering them so disposable as to not be worthy of efforts to sequester them in less contagion-susceptible facilities.
That's an extremely serious charge, but we will show that it is not an unreasonable conclusion, and that other policies enacted under the governor's leadership bolster it. We will, for example, take a close look at an April 17 directive of New York state health officials ordering emergency service workers not to revive anyone without a pulse, stating in a memo, the change is "necessary during the COVID-19 response to protect the health and safety of EMS providers by limiting their exposure, conserve resources, and ensure optimal use of equipment to save the greatest number of lives." Like the nursing home directive, this policy was also eventually rescinded, but only after public outcry.
In the end, however, your determination of Gov. Cuomo's culpability may have less to do with the enormous volume of evidence The People will present than with the simple common-sense observation that while the governor was justifying the near total lockdown of the state of New York, sacrificing hundreds of thousands if not millions of jobs, suspending the peoples' most fundamental constitutional rights and forcing mandatory masked-up social distancing on everyone in the name of protecting the most vulnerable – he was knowingly and intentionally sending hundreds of disease carriers into the very facilities where the most vulnerable were congregated in conditions most optimal for the spread of the disease.
If that's not murder, then words have lost their meaning.


wnd--2020-05-18--Why care about a country you've never heard of?

Editor 's note : This is the first part of a two-part interview of East Turkistan Prime Minister-in-exile Salih Hudayar .
A sermon by the 17-century English author John Donne implanted the idea that `` No man is an island . ''
We exist because of others .
We depend on others .
Our family , our neighbors , our countrymen .
Peoples from faraway lands all exert influence on our lives .
The great foods of one region or the music and art from another can all enhance our daily existence .
Likewise , the political ramifications of an @ @ @ @ @ @ @ consequences for others on distant continents .
In the 20th century , actions of the Japanese Empire rocked the world with war and death as did Fascist Germany and Italy .
Vivid , haunting memories of the Holocaust still ring loud in the consciousness of those affected by the actions of brown-shirted torturers .
Times and places , never to be repeated .
One world power with similar behaviors chooses to exert its power over the less fortunate , defenseless people of one area many have never heard of .
And why should @ @ @ @ @ @ @ of indigenous people thousands of miles away that are n't currently supplying us with valuable oil , much-needed food resources , or cultural advantages ?
Because no country is an island .
What happens in one area can be a precursor , a silent warning of things to come if preventive awareness and actions are n't heeded .
One such country is East Turkistan , who lives under the inhumane , tyrannical thumb of China .
My thanks to its prime minister , Salih Hudayar , for sharing the nation 's story with @ @ @ @ @ @ @ people live under and how it could affect the world at large .
From cultural destruction to camp imprisonment , torture , rape and localized nuclear testing , his words should serve as a warning of the many hidden actions and agendas of this Communist enslaver .
Ron Boat : The indigenous Uyghurs ( pronounced `` You-gers '' ) have roots in the region as descendants of the ancient Sogdian traders , an urban people who settled in the oasis towns of the Silk Road – the main trade route between China and @ @ @ @ @ @ @ of the world was a relatively peaceful , independent nation .
How did it come to be , and then suffered changes in the 18th , 19th and 20th centuries ?
Can you explain these major shifts in your country 's structure ?
Salih Hudayar : East Turkistan has been home to Turkic and Indo-European peoples , whom the Uyghurs are the hybrid descendants .
For much of the course of history , East Turkistan had maintained its independence .
Our country has been known as Turkistan since the fifth century .
However @ @ @ @ @ @ @ the Yarkent Khanate , we became a vassal state to the Manchu Empire .
Due to the great power competition between the British and Russian Empires in the 19th century , East Turkistan became encroached by three empires : the Manchu Empire in the East , the Russian Empire in the north and west , and the British Empire in the South .
East Turkistan was ultimately invaded by the Manchus in 1876 , with the financial support of the British , to prevent the Russian Empire from overtaking East Turkistan as it @ @ @ @ @ @ @ Yetesu ) since 1871 .
In 1884 , the Manchu Qing Empire was fully able to conquer all of East Turkistan , and East Turkistan was incorporated into the Manchu Empire as `` Xinjiang , '' meaning the `` New Territory . ''
The Manchus would ultimately start the colonization of East Turkistan and work to alter the demographics of East Turkistan .
On Nov. 12 , 1933 , the Uyghurs , Kazakhs , Kyrgyz , Uzbeks , and other peoples of East Turkistan united and declared independence as the East Turkistan Republic @ @ @ @ @ @ @ 1934 , when the Soviets and Chinese armies invaded and overthrew our Republic .
Ten years later , on Nov. 12 , 1944 , the people of East Turkistan declared independence once more as the East Turkistan Republic and maintained our independence until the Chinese Communists invaded and occupied East Turkistan with the help of the Soviet Union , and we officially lost our independence on Dec. 22 , 1949 .
RB : Xinjiang ( the New Territory or Frontier ) has had many controlling groups , including of course the Chinese but @ @ @ @ @ @ @ any dramatic changes in the culture , or society in general , or do the Uighurs maintain a steady connection to their past ?
SH : For much of its history , East Turkistan has been controlled by the local Indo-European and Turkic tribes and kingdoms who are predecessors of the current Uyghurs and other Turkic peoples .
Despite brief periods of foreign occupation , the overall culture and demographics of East Turkistan remained unchanged until after the Chinese Communist invasion and occupation of East Turkistan in late 1949 .
In fact , @ @ @ @ @ @ @ over 90 % of East Turkistan 's population where Turkic peoples , whom the majority were Uyghurs .
Less than 5 % of the population was Chinese , and that Chinese population at the time consisted mostly of Chinese soldiers and their families .
It is the Chinese colonists who are the minorities in East Turkistan .
However , that has changed due to the mass internment of over 3 million Uyghurs , Kazakhs , Kyrgyz , Uzbeks and Tatars in concentration camps with millions more in prisons , along with a wholesale @ @ @ @ @ @ @ existence , combined with the mass migration of Chinese colonists .
Today , after 70 years of colonization and occupation , the Turkic peoples of East Turkistan , especially the Uyghurs , are at a risk of becoming a minority in their own land .
The Turkic people of East Turkistan account for 55 % to 60 % of East Turkistan 's population today .
RB : You 're the prime minister of East Turkistan yet are living `` in exile . ''
Were you elected to the post , and are you @ @ @ @ @ @ @ are other government officials dealing with this oppression ?
SH : Officially founded in 2004 , the East Turkistan Government in Exile is a democratically elected official body that represents East Turkistan and its people .
I was elected prime minister on Nov. 11 , 2019 , at the ETGE 's 8th General Assembly in Washington , D.C .
I constantly received numerous threats from China and its agents .
I have n't been able to contact my family in East Turkistan since the summer of 2017 due to my political activism and @ @ @ @ @ @ @ my relatives .
I have over 100 relatives that have been detained and sent to concentration camps and prisons since 2017 alone .
I wo n't be able to return until the time has come to formally declare East Turkistan 's independence .
Other members of our government are facing similar oppression .
In fact our vice president 's two young children were killed by Chinese officials after he refused to cooperate with them .
There is always a threat from China , but it 's a threat that is upon our entire @ @ @ @ @ @ @ and unavoidable that the Chinese Manchu Empire would invade and occupy this once-independent country ?
SH : The competition between the Russian and British Empire in the 19th century greatly endangered East Turkistan 's survival as an independent nation , and despite our leaders trying to balance our relations with these two empires , we ultimately were invaded by the Manchu Empire with the financial backing of the British Empire and became a buffer zone between the British and Russian Empires .
RB : What influences and changes did China exert over this @ @ @ @ @ @ @ ?
Are the Uyghurs ' basic civil , religious , cultural rights being taken away ?
SH : In 1931 it was estimated that East Turkistan 's population was 6-8 million .
In 1947 the East Turkistan Republic declared that the Turkic peoples of East Turkistan accounted for over 7 million .
Today , we estimate that the Uyghur and other Turkic peoples ( Kazakhs , Kyrgyz , Uzbeks , and Tatars ) in East Turkistan account for about 35 million people .
The basic civil rights , religious , cultural and human @ @ @ @ @ @ @ including the Uyghurs , in East Turkistan have ultimately been eroded , especially post-2016 .
My thanks to the prime minister for his input .
In Part 2 we look at Chinese abuses of the people , their prison camps , as well as their illegal nuclear and biological testing .
What happens in other countries should be a warning to the U.S. as to the hidden agendas and future overt actions of an oppressor – a prediction of what we could face here should we not take steps to halt their abuses @ @ @ @ @ @ @ on the ETGE visit : https : //east-turkistan.net/ .
Salih Hudayar is a Uyghur American activist born in East Turkistan and raised in Oklahoma .
He is the founder of the East Turkistan National Awakening Movement ( ETNAM ) .
He is currently pursuing a Masters in National Security Studies at the American Military University .
Follow him on Twitter @ SalihHudayar .
Ron Boat is a veteran and corporate marketing and media producer/writer for his own production company .
He also writes social commentary and interviews with top military , intelligence and @ @ @ @ @ @ @ through [ email protected ] .

By Ron Boat
Editor's note: This is the first part of a two-part interview of East Turkistan Prime Minister-in-exile Salih Hudayar.
A sermon by the 17-century English author John Donne implanted the idea that "No man is an island."
We exist because of others. We depend on others. Our family, our neighbors, our countrymen. Peoples from faraway lands all exert influence on our lives.
The great foods of one region or the music and art from another can all enhance our daily existence. Likewise, the political ramifications of an imperious regime can have devastating, long-term consequences for others on distant continents.
TRENDING: Is this the 'Final Battle'?
In the 20th century, actions of the Japanese Empire rocked the world with war and death as did Fascist Germany and Italy. Vivid, haunting memories of the Holocaust still ring loud in the consciousness of those affected by the actions of brown-shirted torturers. Times and places, never to be repeated.
One world power with similar behaviors chooses to exert its power over the less fortunate, defenseless people of one area many have never heard of. And why should Americans be concerned about a remote group of indigenous people thousands of miles away that aren't currently supplying us with valuable oil, much-needed food resources, or cultural advantages? Because no country is an island. What happens in one area can be a precursor, a silent warning of things to come if preventive awareness and actions aren't heeded.
One such country is East Turkistan, who lives under the inhumane, tyrannical thumb of China. My thanks to its prime minister, Salih Hudayar, for sharing the nation's story with me and explaining the daily oppression his people live under and how it could affect the world at large. From cultural destruction to camp imprisonment, torture, rape and localized nuclear testing, his words should serve as a warning of the many hidden actions and agendas of this Communist enslaver.
Ron Boat: The indigenous Uyghurs (pronounced "You-gers") have roots in the region as descendants of the ancient Sogdian traders, an urban people who settled in the oasis towns of the Silk Road – the main trade route between China and Russia. For centuries, your area of the world was a relatively peaceful, independent nation. How did it come to be, and then suffered changes in the 18th, 19th and 20th centuries? Can you explain these major shifts in your country's structure?
Salih Hudayar: East Turkistan has been home to Turkic and Indo-European peoples, whom the Uyghurs are the hybrid descendants. For much of the course of history, East Turkistan had maintained its independence. Our country has been known as Turkistan since the fifth century. However, in 1705 with the fall of the Yarkent Khanate, we became a vassal state to the Manchu Empire.
Due to the great power competition between the British and Russian Empires in the 19th century, East Turkistan became encroached by three empires: the Manchu Empire in the East, the Russian Empire in the north and west, and the British Empire in the South. East Turkistan was ultimately invaded by the Manchus in 1876, with the financial support of the British, to prevent the Russian Empire from overtaking East Turkistan as it had already occupied the Ili Basin (Yetesu) since 1871.
In 1884, the Manchu Qing Empire was fully able to conquer all of East Turkistan, and East Turkistan was incorporated into the Manchu Empire as "Xinjiang," meaning the "New Territory." The Manchus would ultimately start the colonization of East Turkistan and work to alter the demographics of East Turkistan. On Nov. 12, 1933, the Uyghurs, Kazakhs, Kyrgyz, Uzbeks, and other peoples of East Turkistan united and declared independence as the East Turkistan Republic, which lasted until April 16, 1934, when the Soviets and Chinese armies invaded and overthrew our Republic. Ten years later, on Nov. 12, 1944, the people of East Turkistan declared independence once more as the East Turkistan Republic and maintained our independence until the Chinese Communists invaded and occupied East Turkistan with the help of the Soviet Union, and we officially lost our independence on Dec. 22, 1949.
RB: Xinjiang (the New Territory or Frontier) has had many controlling groups, including of course the Chinese but also the Russians. Does this cause any dramatic changes in the culture, or society in general, or do the Uighurs maintain a steady connection to their past?
SH: For much of its history, East Turkistan has been controlled by the local Indo-European and Turkic tribes and kingdoms who are predecessors of the current Uyghurs and other Turkic peoples. Despite brief periods of foreign occupation, the overall culture and demographics of East Turkistan remained unchanged until after the Chinese Communist invasion and occupation of East Turkistan in late 1949. In fact, prior to the Chinese Communist occupation, over 90% of East Turkistan's population where Turkic peoples, whom the majority were Uyghurs. Less than 5% of the population was Chinese, and that Chinese population at the time consisted mostly of Chinese soldiers and their families. It is the Chinese colonists who are the minorities in East Turkistan. However, that has changed due to the mass internment of over 3 million Uyghurs, Kazakhs, Kyrgyz, Uzbeks and Tatars in concentration camps with millions more in prisons, along with a wholesale attack on Turkic culture, identity and existence, combined with the mass migration of Chinese colonists. Today, after 70 years of colonization and occupation, the Turkic peoples of East Turkistan, especially the Uyghurs, are at a risk of becoming a minority in their own land. The Turkic people of East Turkistan account for 55% to 60% of East Turkistan's population today.
RB: You're the prime minister of East Turkistan yet are living "in exile." Were you elected to the post, and are you under threats if you return? How are other government officials dealing with this oppression?
SH: Officially founded in 2004, the East Turkistan Government in Exile is a democratically elected official body that represents East Turkistan and its people. I was elected prime minister on Nov. 11, 2019, at the ETGE's 8th General Assembly in Washington, D.C. I constantly received numerous threats from China and its agents. I haven't been able to contact my family in East Turkistan since the summer of 2017 due to my political activism and the Chinese government's increasing harassment of my relatives. I have over 100 relatives that have been detained and sent to concentration camps and prisons since 2017 alone. I won't be able to return until the time has come to formally declare East Turkistan's independence. Other members of our government are facing similar oppression. In fact our vice president's two young children were killed by Chinese officials after he refused to cooperate with them. There is always a threat from China, but it's a threat that is upon our entire nation.
RB: Was it inevitable and unavoidable that the Chinese Manchu Empire would invade and occupy this once-independent country?
SH: The competition between the Russian and British Empire in the 19th century greatly endangered East Turkistan's survival as an independent nation, and despite our leaders trying to balance our relations with these two empires, we ultimately were invaded by the Manchu Empire with the financial backing of the British Empire and became a buffer zone between the British and Russian Empires.
RB: What influences and changes did China exert over this once-peaceful civilization of millions of indigenous people? Are the Uyghurs' basic civil, religious, cultural rights being taken away?
SH: In 1931 it was estimated that East Turkistan's population was 6-8 million. In 1947 the East Turkistan Republic declared that the Turkic peoples of East Turkistan accounted for over 7 million. Today, we estimate that the Uyghur and other Turkic peoples (Kazakhs, Kyrgyz, Uzbeks, and Tatars) in East Turkistan account for about 35 million people. The basic civil rights, religious, cultural and human rights of all the Turkic peoples, including the Uyghurs, in East Turkistan have ultimately been eroded, especially post-2016.
My thanks to the prime minister for his input. In Part 2 we look at Chinese abuses of the people, their prison camps, as well as their illegal nuclear and biological testing.
What happens in other countries should be a warning to the U.S. as to the hidden agendas and future overt actions of an oppressor – a prediction of what we could face here should we not take steps to halt their abuses or protect ourselves.
For more information on the ETGE visit:https://east-turkistan.net/.
Salih Hudayar is a Uyghur American activist born in East Turkistan and raised in Oklahoma. He is the founder of the East Turkistan National Awakening Movement (ETNAM). He is currently pursuing a Masters in National Security Studies at the American Military University. Follow him on Twitter @SalihHudayar.
Ron Boat is a veteran and corporate marketing and media producer/writer for his own production company. He also writes social commentary and interviews with top military, intelligence and government officials. He can be contacted through [email protected].


wnd--2020-05-18--Ahmaud Arbery: Racist lynching or unfortunate incident?

It 's all over the news : Two white guys shot a black man in Georgia while he was jogging because they thought he was a burglar .
The racial aspect touched a nerve , which was compounded because Gregory McMichael and his son Travis McMichael took the law into their own hands .
It looked like the Trayvon Martin fatal shooting all over again .
And things got worse when more details started coming out .
So is this a modern-day racist lynching , as some like Al Sharpton are claiming , or is it merely an unfortunate situation @ @ @ @ @ @ @ judgment , since the men are entitled to a jury trial in a court of law .
We do n't know all of the facts yet .
But we do know quite a few , and the main controversy seems to come down to the men 's decision to follow Arbery .
People were outraged that the men were not arrested right away .
It took the release of a video of the shooting a couple months later , invoking loud protests , to arrest them .
The prosecutor for the Brunswick Judicial @ @ @ @ @ @ @ because the elder McMichael had worked in her office .
The next prosecutor assigned to the case , Waycross Judicial Circuit District Attorney George Barnhill , also recused himself because his son worked for Johnson 's office .
Shortly before the shooting occurred , a neighbor of the McMichaels called 911 and said a black man had entered a house that was under construction nearby .
The McMichaels say they saw Arbery jogging and got into their truck to follow him .
Now anyone in law enforcement will tell you it 's not @ @ @ @ @ @ @ accost someone who is not in the process of committing a crime .
If Arbery had burglarized homes , he was n't burglarizing one when they saw him jogging down the road .
But the law is vague about timing .
In Georgia , the private citizen 's arrest statute says , `` A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge . ''
The McMichaels apparently thought Arbery had just come from robbing a home .
Prosecutors initially told the police @ @ @ @ @ @ @ saying they were acting within Georgia 's citizen 's arrest and self-defense statutes .
However , Arbery family attorney S. Lee Merritt says the most Arbery was doing was trespassing , which does n't justify a citizen 's arrest .
Those who know Arbery say he was known for jogging in that area .
The McMichaels said they yelled , `` Stop , stop , we want to talk to you . ''
The elder McMichael said his son got out of the car with a shotgun .
He said Arbery started to @ @ @ @ @ @ @ fighting over the shotgun .
Travis then shot Arbery three times .
Arbery did not appear to be armed .
Barnhill said in his letter recusing himself that the older McMichael had previously investigated Arbery .
CNN obtained a text message that was sent to a homeowner by a Glynn County police officer instructing him to contact Gregory McMichael if he saw a burglar on his security cameras .
Barnhill also said that Arbery had a criminal history .
Arbery was indicted for bringing a gun to a high school basketball game when @ @ @ @ @ @ @ in 2018 for shoplifting .
Barnhill said he believed the shooting was justified as a citizen 's arrest .
He questioned whether Arbery possibly had caused the shotgun to be fired .
The McMichaels claim Arbery looked like a suspect in a string of burglaries .
Travis McMichael called 911 several days before the shooting to report a man going into a house .
One homeowner said he has previous video of a man entering his property and stealing fishing tackle .
But Glynn County Police Lt. Cheri Bashlor said just one burglary @ @ @ @ @ @ @ theft of a firearm in an unlocked car outside the McMichael 's home .
And Larry English , who owned the home under construction , said nothing had ever been stolen from the unfinished home .
George Zimmerman , who fatally shot Trayvon Martin in Florida in 2012 , was acquitted of charges by a jury that found he was acting in self-defense .
Zimmerman got out of his car and followed Martin because he thought he was a burglary suspect and was behaving suspiciously .
There was evidence there had been a @ @ @ @ @ @ @ nose along with lumps and two cuts on his head .
The two shootings are so similar there is a very good chance a jury will acquit the McMichaels .
So should people be outraged ?
The problem likely lies in the law .
Perhaps citizen 's arrest laws need to be narrowed to make it clear that citizens can only arrest suspects at the time of the crime , not 20 minutes later .
It 's the concept of private citizens chasing after a suspect who is n't in the process of @ @ @ @ @ @ @ It makes it look like the people in pursuit are escalating the chances of violence .
Lindsay McMichael , the sister and daughter of the suspects , has come forward saying that the two are not racist ; they have always approved of her nonwhite boyfriends .
This does n't appear to be a racist hate crime .
It 's most likely a situation where the law failed and needs to be revised .
As a former police officer , the senior McMichael no doubt knew the citizen 's arrest law well , @ @ @ @ @ @ @ the beat .
He thought he was within his rights to follow Arbery .
But it does n't mean it was a good judgment call .

It's all over the news: Two white guys shot a black man in Georgia while he was jogging because they thought he was a burglar. The racial aspect touched a nerve, which was compounded because Gregory McMichael and his son Travis McMichael took the law into their own hands. It looked like the Trayvon Martin fatal shooting all over again. And things got worse when more details started coming out.
So is this a modern-day racist lynching, as some like Al Sharpton are claiming, or is it merely an unfortunate situation? Now is too early to pass judgment, since the men are entitled to a jury trial in a court of law. We don't know all of the facts yet. But we do know quite a few, and the main controversy seems to come down to the men's decision to follow Arbery.
People were outraged that the men were not arrested right away. It took the release of a video of the shooting a couple months later, invoking loud protests, to arrest them.
The prosecutor for the Brunswick Judicial Circuit, Jackie Johnson, recused herself because the elder McMichael had worked in her office. The next prosecutor assigned to the case, Waycross Judicial Circuit District Attorney George Barnhill, also recused himself because his son worked for Johnson's office.
Shortly before the shooting occurred, a neighbor of the McMichaels called 911 and said a black man had entered a house that was under construction nearby. The McMichaels say they saw Arbery jogging and got into their truck to follow him. Now anyone in law enforcement will tell you it's not a good idea as a citizen to accost someone who is not in the process of committing a crime. If Arbery had burglarized homes, he wasn't burglarizing one when they saw him jogging down the road.
TRENDING: Is this the 'Final Battle'?
But the law is vague about timing. In Georgia, the private citizen's arrest statute says, "A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge." The McMichaels apparently thought Arbery had just come from robbing a home.
Prosecutors initially told the police not to arrest the two men, saying they were acting within Georgia's citizen's arrest and self-defense statutes. However, Arbery family attorney S. Lee Merritt says the most Arbery was doing was trespassing, which doesn't justify a citizen's arrest. Those who know Arbery say he was known for jogging in that area.
The McMichaels said they yelled, "Stop, stop, we want to talk to you." The elder McMichael said his son got out of the car with a shotgun. He said Arbery started to violently attack Travis and the two started fighting over the shotgun. Travis then shot Arbery three times. Arbery did not appear to be armed.
Barnhill said in his letter recusing himself that the older McMichael had previously investigated Arbery. CNN obtained a text message that was sent to a homeowner by a Glynn County police officer instructing him to contact Gregory McMichael if he saw a burglar on his security cameras.
Barnhill also said that Arbery had a criminal history. Arbery was indicted for bringing a gun to a high school basketball game when he was 19. He was arrested in 2018 for shoplifting. Barnhill said he believed the shooting was justified as a citizen's arrest. He questioned whether Arbery possibly had caused the shotgun to be fired.
The McMichaels claim Arbery looked like a suspect in a string of burglaries. Travis McMichael called 911 several days before the shooting to report a man going into a house. One homeowner said he has previous video of a man entering his property and stealing fishing tackle. But Glynn County Police Lt. Cheri Bashlor said just one burglary in the neighborhood had been reported, theft of a firearm in an unlocked car outside the McMichael's home. And Larry English, who owned the home under construction, said nothing had ever been stolen from the unfinished home.
George Zimmerman, who fatally shot Trayvon Martin in Florida in 2012, was acquitted of charges by a jury that found he was acting in self-defense. Zimmerman got out of his car and followed Martin because he thought he was a burglary suspect and was behaving suspiciously. There was evidence there had been a scuffle, since Zimmerman had a bloody nose along with lumps and two cuts on his head.
The two shootings are so similar there is a very good chance a jury will acquit the McMichaels. So should people be outraged? The problem likely lies in the law. Perhaps citizen's arrest laws need to be narrowed to make it clear that citizens can only arrest suspects at the time of the crime, not 20 minutes later. It's the concept of private citizens chasing after a suspect who isn't in the process of committing a crime that bothers people. It makes it look like the people in pursuit are escalating the chances of violence.
Lindsay McMichael, the sister and daughter of the suspects, has come forward saying that the two are not racist; they have always approved of her nonwhite boyfriends.
This doesn't appear to be a racist hate crime. It's most likely a situation where the law failed and needs to be revised. As a former police officer, the senior McMichael no doubt knew the citizen's arrest law well, having encountered people using it while on the beat. He thought he was within his rights to follow Arbery. But it doesn't mean it was a good judgment call.


wnd--2020-05-18--Christian supporters of Israel: Don't oppose GOD TV channel!

Shortly after I came to faith in Jesus as a 16-year-old , Jewish , hippie rock drummer late in 1971 , my father asked me to meet with the local rabbi .
My dad was thrilled that I had stopped using drugs .
But he said to me , `` Michael , we 're Jewish .
We do n't believe this . ''
The local rabbi and I became friends , spending hours in intense discussion and debate .
And in one of our early meetings , he gave me a book detailing the history of `` Christian '' anti-Semitism @ @ @ @ @ @ @ How could it be that so many famous Christian leaders seemed to have such hatred for the Jewish people ?
How could it be that Jews were offered baptism or death ?
How could it be non-baptized Jews were expelled from many `` Christian '' countries ?
How could it be that Luther 's recommendations to the German princes of his day , counseling them on how to deal with the `` insufferable devilish burden – the Jews , '' were carried out in detail by the Nazis ?
All this was shocking @ @ @ @ @ @ @ where I came to faith had a real love for the Jewish people and Israel ; 2 ) the spirit of the New Testament was one of love , even for those who opposed the faith ; and 3 ) I was not familiar with church history .
But the more I shared my faith with fellow Jews , the more they referenced this ugly history , a history that was still fresh in their minds , especially if they were religious Jews .
Ironically , as I traveled around the world preaching @ @ @ @ @ @ @ Christians who had a deep love for the Jewish people , who supported the modern state of Israel and who too were shocked by the horrible history of `` Christian '' anti-Semitism .
In fact the book that I wrote sharing this history , `` Our Hands Are Stained with Blood , '' became my most translated book , remaining in print from 1992 until last year , when we released an expanded and updated edition .
Just like me , Christians were shocked to hear about this history and wanted to help @ @ @ @ @ @ @ why I am so deeply grateful to you who are Christian supporters of Israel .
For so many years now , despite the imperfections of the people of Israel , you have served my people there .
You have cared for their poor .
You have ministered to their sick .
You have given and you have sacrificed and you have loved .
And you have done it because of your faith , not despite your faith .
You have done it unconditionally .
And that has made a great difference in Jewish @ @ @ @ @ @ @ suspicion .
Less fear of heavy-handed proselytizing .
Less concern of ulterior motive .
You have loved as Jesus taught , putting others first .
And you have sought to undo the terrible reputation of `` Christianity '' in the eyes of the Jewish world .
For that , as a Jewish follower of Jesus , I am deeply grateful .
Some of you have pledged not to proselytize in order to prove that you have no ulterior motives .
I respect that and can understand that , as long as you also @ @ @ @ @ @ @ well .
In other words , you have said , `` We are Christians , and we want everyone to believe in Jesus , Jew and Gentile alike .
But we are not here to missionize . ''
Again , I understand that and can respect that .
What I can not respect and what I can not understand is when you oppose others from sharing their faith with Jews .
Why on earth would you do such a thing , especially when it comes to Messianic Jews in Israel sharing their faith @ @ @ @ @ @ @ , even for a split second , contemplate standing against this sacred task ?
If Christians did not share the gospel with me in 1971 I might not have lived to see my 18th birthday , let alone had a ministry that , by God 's grace , has touched millions .
If Christians did not share the gospel with my wife , Nancy , whom I met when she was a 19-year-old Jewish atheist , we would not be married today .
The thought is unimaginable .
As for Jews living in @ @ @ @ @ @ @ the gospel is not for them , then it is for no one .
If a Jewish person can be saved without Jesus , then the cross is a not only unnecessary .
It is an absolute mockery .
If Jesus is not the Jewish Messiah , then the New Testament is false and the Christian faith is a lie .
And if the gospel is not for the Jew first , then it is not also for the Gentile .
Why would you ever want to hinder this good news from going @ @ @ @ @ @ @ ?
In recent days , since the announcement of GOD TV 's Hebrew-speaking channel , Shelanu ( meaning , `` ours '' ) , there has been an outcry of protest from some Orthodox Jews and counter-missionary rabbis .
That is no surprise .
But there have been Christian supporters of Israel who have also raised their voices in protest , speaking against Israeli Messianic Jews preaching the good news of Yeshua to their own people , in Hebrew , on Israeli TV .
How can this be ?
And for every verse @ @ @ @ @ @ @ in solidarity with Israel , which I affirm , I can give you 10 ( or many more ) calling you to share the good news with the Jewish people .
Your public stance has been a shock to many in the Messianic Jewish community , not just in Israel , but around the world , feeling like the ultimate stab in the back .
From you , dear friends ?
Really ?
And so , to every Christian Zionist and every Christian friend of Israel , I urge you with all my @ @ @ @ @ @ @ as we share the water of life with our thirsty people .
Please do not withhold from them the very message that brought you salvation .
Please do not keep Jesus to yourself .
And please do not hinder Jews from taking the message of redemption , paid for with the Messiah 's own blood , to their fellow Jews .
To do so would be an act of utter cruelty toward the people you love so much .

Shortly after I came to faith in Jesus as a 16-year-old, Jewish, hippie rock drummer late in 1971, my father asked me to meet with the local rabbi. My dad was thrilled that I had stopped using drugs. But he said to me, "Michael, we're Jewish. We don't believe this."
The local rabbi and I became friends, spending hours in intense discussion and debate. And in one of our early meetings, he gave me a book detailing the history of "Christian" anti-Semitism. The contents were absolutely shocking.
How could it be that so many famous Christian leaders seemed to have such hatred for the Jewish people? How could it be that Jews were offered baptism or death? How could it be non-baptized Jews were expelled from many "Christian" countries? How could it be that Luther's recommendations to the German princes of his day, counseling them on how to deal with the "insufferable devilish burden – the Jews," were carried out in detail by the Nazis?
All this was shocking to me because 1) the church where I came to faith had a real love for the Jewish people and Israel; 2) the spirit of the New Testament was one of love, even for those who opposed the faith; and 3) I was not familiar with church history.
But the more I shared my faith with fellow Jews, the more they referenced this ugly history, a history that was still fresh in their minds, especially if they were religious Jews.
TRENDING: Is this the 'Final Battle'?
Ironically, as I traveled around the world preaching in nation after nation, I met Christians who had a deep love for the Jewish people, who supported the modern state of Israel and who too were shocked by the horrible history of "Christian" anti-Semitism.
In fact the book that I wrote sharing this history, "Our Hands Are Stained with Blood," became my most translated book, remaining in print from 1992 until last year, when we released an expanded and updated edition. Just like me, Christians were shocked to hear about this history and wanted to help make the story known.
That's why I am so deeply grateful to you who are Christian supporters of Israel.
For so many years now, despite the imperfections of the people of Israel, you have served my people there.
You have cared for their poor. You have ministered to their sick. You have given and you have sacrificed and you have loved. And you have done it because of your faith, not despite your faith. You have done it unconditionally.
And that has made a great difference in Jewish perceptions of Christianity. There is less suspicion. Less fear of heavy-handed proselytizing. Less concern of ulterior motive.
You have loved as Jesus taught, putting others first. And you have sought to undo the terrible reputation of "Christianity" in the eyes of the Jewish world.
For that, as a Jewish follower of Jesus, I am deeply grateful.
Some of you have pledged not to proselytize in order to prove that you have no ulterior motives. I respect that and can understand that, as long as you also stated your Christian beliefs with clarity as well. In other words, you have said, "We are Christians, and we want everyone to believe in Jesus, Jew and Gentile alike. But we are not here to missionize."
Again, I understand that and can respect that.
What I cannot respect and what I cannot understand is when you oppose others from sharing their faith with Jews. Why on earth would you do such a thing, especially when it comes to Messianic Jews in Israel sharing their faith with other Jews? How could you, even for a split second, contemplate standing against this sacred task?
If Christians did not share the gospel with me in 1971 I might not have lived to see my 18th birthday, let alone had a ministry that, by God's grace, has touched millions.
If Christians did not share the gospel with my wife, Nancy, whom I met when she was a 19-year-old Jewish atheist, we would not be married today. The thought is unimaginable.
As for Jews living in Israel and around the world, if the gospel is not for them, then it is for no one.
If a Jewish person can be saved without Jesus, then the cross is a not only unnecessary. It is an absolute mockery.
If Jesus is not the Jewish Messiah, then the New Testament is false and the Christian faith is a lie.
And if the gospel is not for the Jew first, then it is not also for the Gentile.
Why would you ever want to hinder this good news from going to my people, especially in Israel?
In recent days, since the announcement of GOD TV's Hebrew-speaking channel, Shelanu (meaning, "ours"), there has been an outcry of protest from some Orthodox Jews and counter-missionary rabbis. That is no surprise.
But there have been Christian supporters of Israel who have also raised their voices in protest, speaking against Israeli Messianic Jews preaching the good news of Yeshua to their own people, in Hebrew, on Israeli TV.
How can this be?
And for every verse you can give me supporting your standing in solidarity with Israel, which I affirm, I can give you 10 (or many more) calling you to share the good news with the Jewish people.
Your public stance has been a shock to many in the Messianic Jewish community, not just in Israel, but around the world, feeling like the ultimate stab in the back. From you, dear friends? Really?
And so, to every Christian Zionist and every Christian friend of Israel, I urge you with all my heart: Please do not oppose us as we share the water of life with our thirsty people. Please do not withhold from them the very message that brought you salvation. Please do not keep Jesus to yourself. And please do not hinder Jews from taking the message of redemption, paid for with the Messiah's own blood, to their fellow Jews.
To do so would be an act of utter cruelty toward the people you love so much.


wnd--2020-05-19--NBC News gets sued for $2.85 billion

NBC News gets sued for $2.85 billion

( FOX BUSINESS ) -- Teledentistry company SmileDirectClub Inc. sued Comcast Corp. ’ s NBCUniversal , seeking nearly $ 3 @ @ @ @ @ it alleges were defamatory news reports about the company ’ s treatment methods .
The @ @ @ @ @ a Tennessee court , focuses on a Feb. 13 “ NBC Nightly News ” segment @ @ @ @ @ SmileDirectClub customers and warnings about teledentistry from an orthodontics professor .
The lawsuit also says @ @ @ @ @ the segment is inaccurate .
SmileDirectClub ’ s complaint claims that the reports from NBC @ @ @ @ @ the safety and effectiveness of its products , and that the network knew its stories @ @ @ @ @

(FOX BUSINESS) -- Teledentistry company SmileDirectClub Inc. sued Comcast Corp. ’s NBCUniversal, seeking nearly $3 billion in damages for what it alleges were defamatory news reports about the company’s treatment methods.
The suit, filed Monday in a Tennessee court, focuses on a Feb. 13 “NBC Nightly News” segment that described complaints by some SmileDirectClub customers and warnings about teledentistry from an orthodontics professor. The lawsuit also says that an online article accompanying the segment is inaccurate.
SmileDirectClub’s complaint claims that the reports from NBC News contained numerous errors involving the safety and effectiveness of its products, and that the network knew its stories about SmileDirectClub were untruthful.
Read the full story ›


wnd--2020-05-19--Honk THIS! Biden's campaign speech interrupted by geese

( THE HILL ) -- Former Vice President Joe Biden , the presumptive Democratic presidential nominee , was met with @ @ @ @ @ campaign speech on Monday even as he delivered it from the comforts of his own @ @ @ @ @ remarks during his campaign event outside on Monday afternoon , Biden was interrupted multiple times @ @ @ @ @ geese at a pond located on the other side of his residence .
Biden had @ @ @ @ @ and Pacific Islanders ( AAPI ) Victory Fund during a live-streamed speech in which he @ @ @ @ @ him of fanning flames of “ hate , fear and xenophobia ” toward Asian Americans @ @ @ @ @

(THE HILL) -- Former Vice President Joe Biden, the presumptive Democratic presidential nominee, was met with repeated interruptions during his virtual campaign speech on Monday even as he delivered it from the comforts of his own Delaware residence.
While delivering remarks during his campaign event outside on Monday afternoon, Biden was interrupted multiple times by repeated honking from Canada geese at a pond located on the other side of his residence.
Biden had been addressing the Asian American and Pacific Islanders (AAPI) Victory Fund during a live-streamed speech in which he knocked President Trump and accused him of fanning flames of “hate, fear and xenophobia” toward Asian Americans amid the COVID-19 pandemic.
Read the full story ›


wnd--2020-05-19--Rule would ban judges' membership in conservative group

Judges have been known to pull some unusual stunts .
There was the one in Texas who sent a hair salon owner to jail for opening her business .
Another , in Washington , D.C. , is trying to orchestrate his own prosecution after the Justice Department moved to drop its case against Michael Flynn .
Now a proposed rule that would restrict judges ' membership in the Federalist Society , a conservative organization , is under investigation .
It also would restrict membership in the left-wing American Constitution Society .
But it would not limit membership in other groups @ @ @ @ @ @ @ Association .
Fox News reported Rep. Jim Jordan , R-Ohio , is reviewing the proposal from the Judicial Conference 's Committee on Codes of Conduct .
`` The draft advisory opinion discriminates against the viewpoints of members of the judiciary who chose to associate with the Federalist Society , '' Jordan said in a letter to the Office of the General Counsel for the Administrative Office of the U.S. Courts .
Jordan said that more than 200 federal judges and close to 30 members of Congress have expressed concern over the plan .
@ @ @ @ @ @ @ some organizations because official affiliation `` could convey to a reasonable person that the affiliated judge endorses the views and particular ideological perspectives advocated by the organization '' and `` call into question the affiliated judge ’ s impartiality on subjects as to which the organization has taken a position . ''
But Jordan argues the proposal itself is biased .
`` The ABA has openly advocated for liberal causes and directly engaged in cases or controversies before federal courts , even filing amicus briefs in high-profile Supreme Court appeals , '' Jordan @ @ @ @ @ @ @ the proposal was drafted , who supported it and what discussions were held about it .

Judges have been known to pull some unusual stunts. There was the one in Texas who sent a hair salon owner to jail for opening her business. Another, in Washington, D.C., is trying to orchestrate his own prosecution after the Justice Department moved to drop its case against Michael Flynn.
Now a proposed rule that would restrict judges' membership in the Federalist Society, a conservative organization, is under investigation. It also would restrict membership in the left-wing American Constitution Society.
But it would not limit membership in other groups, such as the left-leaning American Bar Association.
TRENDING: Is this the 'Final Battle'?
Fox News reported Rep. Jim Jordan, R-Ohio, is reviewing the proposal from the Judicial Conference's Committee on Codes of Conduct.
Jordan sees discrimination in the rule.
"The draft advisory opinion discriminates against the viewpoints of members of the judiciary who chose to associate with the Federalist Society," Jordan said in a letter to the Office of the General Counsel for the Administrative Office of the U.S. Courts.
Jordan said that more than 200 federal judges and close to 30 members of Congress have expressed concern over the plan.
The proposal's objective is to eliminate some organizations because official affiliation "could convey to a reasonable person that the affiliated judge endorses the views and particular ideological perspectives advocated by the organization" and "call into question the affiliated judge’s impartiality on subjects as to which the organization has taken a position."
But Jordan argues the proposal itself is biased.
"The ABA has openly advocated for liberal causes and directly engaged in cases or controversies before federal courts, even filing amicus briefs in high-profile Supreme Court appeals," Jordan explained.
Jordan wants to know why the proposal was drafted, who supported it and what discussions were held about it.


wnd--2020-05-19--Decisive COVID model the 'most devastating software mistake of all time'

The coronavirus death-forecast model that apparently convinced President Trump and British Prime Minister Boris Johnson to shift to a policy featuring unprecedented lockdowns of the healthy `` could go down in history as the most devastating software mistake of all time , in terms of economic costs and lives lost . ''
That 's according to two software company executives writing in the Daily Telegraph newspaper of London .
David Richards , CEO of the British-American software firm WANdisco , and Konstantin Boudnik , the company 's vice president of open source development , were referring to the Imperial College @ @ @ @ @ @ @ million deaths in the United States and 500,000 in Britain from the coronavirus .
However , just 10 days later , the lead author of the report , Neil Ferguson , told a drastically different story when he testified under oath to a British parliamentary committee .
Ferguson said the U.K. death toll was unlikely to exceed 20,000 and could be much lower .
`` Since publication of Imperial ’ s microsimulation model , those of us with a professional and personal interest in software development have studied the code on which policymakers @ @ @ @ @ @ @ multi-trillion pound economy and plunge millions of people into poverty and hardship , '' Richards and Boudnik wrote .
`` And we were profoundly disturbed at what we discovered . ''
They found the model `` to be totally unreliable . ''
The authors noted that when other scientists tried to replicate the findings using the same model , they failed .
The software engineers described the model as a `` buggy mess that looks more like a bowl of angel hair pasta than a finely tuned piece of programming . ''
`` @ @ @ @ @ @ @ anyone for developing code like this and any business that relied on it to produce software for sale would likely go bust . ''
It was n't the first time for Ferguson .
The Express of London noted earlier this month that his models in the fight against the swine flu a decade ago also were way off .
He predicted 65,000 people in the U.K. would die .
But only 457 succumbed to the disease .
As WND reported March 26 , Ferguson 's coronavirus study was cited by the White House @ @ @ @ @ @ @ their decisions to implement unprecedented `` social distancing '' measures .
On March 26 , the day after Ferguson 's testimony to a parliamentary committee , White House Coronavirus Task Force coordinator Dr. Deborah Birx mentioned the dramatic downgrade of his estimate .
She said the predictions of models also `` do n't match the reality on the ground in either China , South Korea or Italy . ''
`` Models are models .
There 's enough data now of the real experience with the coronavirus on the ground , really , to @ @ @ @ @ @ @ '' said Birx .
`` So when people start talking about 20 % of a population getting infected , it 's very scary , '' she said .
`` But we do n't have data that matches that . ''
Ferguson issued a clarification later that day via Twitter , arguing his evidence to Parliament `` referred to the deaths we assess might occur in the UK in the presence of the very intensive social distancing and other public health interventions now in place . ''
`` Without those controls , our assessment @ @ @ @ @ @ @ scale of deaths reported in our study ( namely , up to approximately 500 thousand ) , '' he wrote .
However , no one in the U.S. or the U.K. was advocating at the time that no measures be taken to control the spread of the virus , pointed out Powerline blogger Paul Mirengoff .
`` Some degree of social distancing and complete isolation of the sick were almost universally viewed as appropriate and , indeed , necessary , '' he wrote .
`` Yet , Ferguson 's projection became part of @ @ @ @ @ @ @ distancing and isolation of the sick , but for imposing lockdown style measures in some jurisdictions . ''
And Ferguson acknowledged in an interview with the New York Times that a comprehensive lockdown is what he wanted .
`` Based on our estimates and other teams ' , there 's really no option but follow in China 's footsteps and suppress , '' he said .
Mirengoff commented : `` Perhaps this is why Ferguson waited so long to make it clear that , at least in the U.S. , the Imperial College @ @ @ @ @ @ @ policy makers was a strawman . ''
In fact , New York Democratic Gov .
Andrew Cuomo , who is managing the country 's most severe outbreak , was questioning the comprehensive lockdown strategy at the time .
`` We closed everything down .
That was our public health strategy , '' Cuomo said March 26 .
`` If you re-thought that or had time to analyze that public health strategy , I do n't know that you would say , 'Quarantine everyone . '
'' On Wednesday , he said the shelter-in-place @ @ @ @ @ @ @ older people with younger family members .
`` I do n't even know that that was the best public health policy .
Young people then quarantined with older people , [ it ] was probably not the best public health strategy , '' he said .
`` The younger people could have been exposing the older people to an infection . ''
As WND reported May 5 , Ferguson resigned his government position after breaking social-distancing rules to meet his lover , Antonia Staats , a married woman with children .
He resigned @ @ @ @ @ @ @ , or SAGE , after admitting he made an `` error of judgment . ''
`` I accept I made an error of judgment and took the wrong course of action .
I have therefore stepped back from my involvement in SAGE , '' Ferguson told the Daily Telegraph .
`` I acted in the belief that I was immune , having tested positive for coronavirus and completely isolated myself for almost two weeks after developing symptoms .
`` I deeply regret any undermining of the clear messages around the continued need for @ @ @ @ @ @ @ .
`` The government guidance is unequivocal , and is there to protect all of us . ''

The coronavirus death-forecast model that apparently convinced President Trump and British Prime Minister Boris Johnson to shift to a policy featuring unprecedented lockdowns of the healthy "could go down in history as the most devastating software mistake of all time, in terms of economic costs and lives lost."
That's according to two software company executives writing in the Daily Telegraph newspaper of London.
David Richards, CEO of the British-American software firm WANdisco, and Konstantin Boudnik, the company's vice president of open source development, were referring to the Imperial College of London report March 16 forecasting 2.2 million deaths in the United States and 500,000 in Britain from the coronavirus.
However, just 10 days later, the lead author of the report, Neil Ferguson, told a drastically different story when he testified under oath to a British parliamentary committee.
TRENDING: Is this the 'Final Battle'?
Ferguson said the U.K. death toll was unlikely to exceed 20,000 and could be much lower.
"Since publication of Imperial’s microsimulation model, those of us with a professional and personal interest in software development have studied the code on which policymakers based their fateful decision to mothball our multi-trillion pound economy and plunge millions of people into poverty and hardship," Richards and Boudnik wrote.
"And we were profoundly disturbed at what we discovered."
Do you trust the coronavirus models being proffered by government officials? Yes No Completing this poll entitles you to WND news updates free of charge. You may opt out at anytime. You also agree to our Privacy Policy and Terms of Use You're logged in to Facebook. Click here to log out. 1% (1 Votes) 99% (143 Votes)
They found the model "to be totally unreliable."
The authors noted that when other scientists tried to replicate the findings using the same model, they failed.
The software engineers described the model as a "buggy mess that looks more like a bowl of angel hair pasta than a finely tuned piece of programming."
"In our commercial reality we would fire anyone for developing code like this and any business that relied on it to produce software for sale would likely go bust."
It wasn't the first time for Ferguson.
The Express of London noted earlier this month that his models in the fight against the swine flu a decade ago also were way off. He predicted 65,000 people in the U.K. would die. But only 457 succumbed to the disease.
As WND reported March 26, Ferguson's coronavirus study was cited by the White House, Downing Street and other governments in their decisions to implement unprecedented "social distancing" measures.
On March 26, the day after Ferguson's testimony to a parliamentary committee, White House Coronavirus Task Force coordinator Dr. Deborah Birx mentioned the dramatic downgrade of his estimate.
She said the predictions of models also "don't match the reality on the ground in either China, South Korea or Italy."
"Models are models. There's enough data now of the real experience with the coronavirus on the ground, really, to make these predictions much more sound," said Birx.
"So when people start talking about 20% of a population getting infected, it's very scary," she said. "But we don't have data that matches that."
Ferguson clarifies
Ferguson issued a clarification later that day via Twitter, arguing his evidence to Parliament "referred to the deaths we assess might occur in the UK in the presence of the very intensive social distancing and other public health interventions now in place."
"Without those controls, our assessment remains that the UK would see the scale of deaths reported in our study (namely, up to approximately 500 thousand)," he wrote.
However, no one in the U.S. or the U.K. was advocating at the time that no measures be taken to control the spread of the virus, pointed out Powerline blogger Paul Mirengoff.
"Some degree of social distancing and complete isolation of the sick were almost universally viewed as appropriate and, indeed, necessary," he wrote.
"Yet, Ferguson's projection became part of the basis, not just for social distancing and isolation of the sick, but for imposing lockdown style measures in some jurisdictions."
And Ferguson acknowledged in an interview with the New York Times that a comprehensive lockdown is what he wanted.
"Based on our estimates and other teams', there's really no option but follow in China's footsteps and suppress," he said.
Mirengoff commented: "Perhaps this is why Ferguson waited so long to make it clear that, at least in the U.S., the Imperial College forecast that garnered so much attention from policy makers was a strawman."
In fact, New York Democratic Gov. Andrew Cuomo, who is managing the country's most severe outbreak, was questioning the comprehensive lockdown strategy at the time.
"We closed everything down. That was our public health strategy," Cuomo said March 26. "If you re-thought that or had time to analyze that public health strategy, I don't know that you would say, 'Quarantine everyone.'"
On Wednesday, he said the shelter-in-place policy may be backfiring by confining vulnerable older people with younger family members.
"I don't even know that that was the best public health policy. Young people then quarantined with older people, [it] was probably not the best public health strategy," he said. "The younger people could have been exposing the older people to an infection."
As WND reported May 5, Ferguson resigned his government position after breaking social-distancing rules to meet his lover, Antonia Staats, a married woman with children.
He resigned from the Scientific Advisory Group for Emergencies, or SAGE, after admitting he made an "error of judgment."
"I accept I made an error of judgment and took the wrong course of action. I have therefore stepped back from my involvement in SAGE," Ferguson told the Daily Telegraph.
"I acted in the belief that I was immune, having tested positive for coronavirus and completely isolated myself for almost two weeks after developing symptoms.
"I deeply regret any undermining of the clear messages around the continued need for social distancing to control this devastating epidemic.
"The government guidance is unequivocal, and is there to protect all of us."


wnd--2020-05-20--Hear 'Quid Pro Joe' pressuring Ukraine to fire prosecutor!

Joe Biden already is on video boasting of a quid pro quo with Ukraine , which happened to be the charge Democrats used to impeach President Trump .
The Senate acquitted Trump , but on Tuesday , Ukrainian parliamentarian Andrii Derkach released audio recordings alleged to be conversations between Ukrainian President Petro Poroshenko and Biden .
Among them are purported discussions about Biden 's successful effort to pressure Poroshenko to fire the country 's general prosecutor , Viktor Shokin , while he was investigating the company for which son Hunter Biden served as a board member .
At the time @ @ @ @ @ @ @ point man for Ukraine policy , tasked with helping address the former Soviet republic 's notorious corruption problem .
Derkach , reported RT.com , said he obtained the audio from investigative journalists who claimed Poroshenko personally recorded the calls .
The recordings have not been independently verified , the Russian news outlet said .
What has been established , in any case , is that Hunter Biden and his business drew some $ 3 million for lending his name to the corrupt Ukrainian natural gas firm Burisma while it was fighting for its @ @ @ @ @ @ @ already has been widely circulated of Biden at a Council of Foreign Relations event boasting that he got Poroshenko to fire Shokin by threatened to withhold some $ 1 billion in U.S. aid to Ukraine .
Now , Derkach is claiming his recordings are of phone calls between Joe Biden and Poroshenko on a number of subjects , including the removal of Shokin .
In one call , Poroshenko tells Biden he has `` good news , '' saying that on the previous day he went to Shokin 's office and asked him @ @ @ @ @ @ @ the country 's top prosecutor delivered his letter of resignation .
Later , Biden says he was prepared for `` a public signing for a commitment for a billion dollars . ''
`` Again , I am not suggesting you want it or do n't want it .
I am suggesting that is what I am prepared to do , '' the vice president says .
In a November 2016 call , Biden offers congratulations `` in getting the new prosecutor general . ''
`` I know there ’ s a lot more @ @ @ @ @ @ @ ’ s good , '' he says .
`` It is going to be critical that he works to repair the damage of Shokin .
`` I 'm a man of my word .
Now that the new prosecutor general is in place we 're ready to move forward to signing the $ 1 billion loan guarantee , '' says Biden .
The audio at some points is indecipherable , but Biden discusses with Poroshenko an IMF loan and the incoming Trump administration .
`` This is getting very , very close .
@ @ @ @ @ @ @ have happen .
I don ’ t want Trump to get into *** where he thinks he ’ s about to buy into a situation ... where it is about to collapse where he is going to pour more money into Ukraine , '' Biden says .
`` So anything you can do to push the Privatbank to closure so that the IMF loan comes forward .
I stress this is critical to your economic and national security , '' the vice president says .
See a video of the presentation of the @ @ @ @ @ @ @ Derkach : See Biden 's boast at a Council of Foreign Relations meeting : The impeachment charges against President Trump centered on a congratulatory phone call in July 2019 with Poroshenko 's successor , Volodymyr Zelenksy .
Democrats charged Trump withheld aid to Ukraine to pressure Zelenksy to investigate the Bidens ' conflict of interest .
The charge was framed as an incumbent presidential candidate abusing his power by pressuring a foreign government to dig up dirt on his probable opponent .
But the president 's lawyers argued , among other things , @ @ @ @ @ @ @ and the possibility of corruption in the vice president 's son profiting from his father 's political position was a legitimate concern .

Joe Biden already is on video boasting of a quid pro quo with Ukraine, which happened to be the charge Democrats used to impeach President Trump.
The Senate acquitted Trump, but on Tuesday, Ukrainian parliamentarian Andrii Derkach released audio recordings alleged to be conversations between Ukrainian President Petro Poroshenko and Biden. Among them are purported discussions about Biden's successful effort to pressure Poroshenko to fire the country's general prosecutor, Viktor Shokin, while he was investigating the company for which son Hunter Biden served as a board member.
At the time, Joe Biden was President Obama's point man for Ukraine policy, tasked with helping address the former Soviet republic's notorious corruption problem.
TRENDING: Is this the 'Final Battle'?
Derkach, reported RT.com, said he obtained the audio from investigative journalists who claimed Poroshenko personally recorded the calls. The recordings have not been independently verified, the Russian news outlet said.
What has been established, in any case, is that Hunter Biden and his business drew some $3 million for lending his name to the corrupt Ukrainian natural gas firm Burisma while it was fighting for its life amid an investigation. A video already has been widely circulated of Biden at a Council of Foreign Relations event boasting that he got Poroshenko to fire Shokin by threatened to withhold some $1 billion in U.S. aid to Ukraine.
Now, Derkach is claiming his recordings are of phone calls between Joe Biden and Poroshenko on a number of subjects, including the removal of Shokin.
In one call, Poroshenko tells Biden he has "good news," saying that on the previous day he went to Shokin's office and asked him to resign. One hour later, the country's top prosecutor delivered his letter of resignation.
Will Democrats move to get Joe Biden off the presidential ticket? Yes No Completing this poll entitles you to WND news updates free of charge. You may opt out at anytime. You also agree to our Privacy Policy and Terms of Use You're logged in to Facebook. Click here to log out. 60% (82 Votes) 40% (55 Votes)
"Great!" Biden replies.
Later, Biden says he was prepared for "a public signing for a commitment for a billion dollars."
"Again, I am not suggesting you want it or don't want it. I am suggesting that is what I am prepared to do," the vice president says.
In a November 2016 call, Biden offers congratulations "in getting the new prosecutor general."
"I know there’s a lot more to that. I really think that’s good," he says. "It is going to be critical that he works to repair the damage of Shokin.
"I'm a man of my word. Now that the new prosecutor general is in place we're ready to move forward to signing the $1 billion loan guarantee," says Biden.
The audio at some points is indecipherable, but Biden discusses with Poroshenko an IMF loan and the incoming Trump administration.
"This is getting very, very close. What I don’t want to have happen. I don’t want Trump to get into *** where he thinks he’s about to buy into a situation ... where it is about to collapse where he is going to pour more money into Ukraine," Biden says.
"So anything you can do to push the Privatbank to closure so that the IMF loan comes forward. I stress this is critical to your economic and national security," the vice president says.
See a video of the presentation of the phone calls obtained by Ukrainian parliamentarian Andrii Derkach:
See Biden's boast at a Council of Foreign Relations meeting:
The impeachment charges against President Trump centered on a congratulatory phone call in July 2019 with Poroshenko's successor, Volodymyr Zelenksy. Democrats charged Trump withheld aid to Ukraine to pressure Zelenksy to investigate the Bidens' conflict of interest.
The charge was framed as an incumbent presidential candidate abusing his power by pressuring a foreign government to dig up dirt on his probable opponent.
But the president's lawyers argued, among other things, the aid was delivered by the deadline and the possibility of corruption in the vice president's son profiting from his father's political position was a legitimate concern.


wnd--2020-05-20--'CBS Evening News' knocked off air by technical issue

( VARIETY ) -- “ The CBS Evening News With Norah O ’ Donnell ” did not air in East @ @ @ @ @ because of a technical glitch in the Washington , D.C. bureau where the newscast originates @ @ @ @ @ problem as a technical issue .
The regular 6:30 p.m .
ET “ Evening News @ @ @ @ @ the feed for CBSN , the company ’ s 24-hour digital news network .
CBS @ @ @ @ @ in time for the newscast to air in its regular slot in Mountain and West @ @ @ @ @ CBS News experienced technical difficulties tonight that prevented the CBS Evening News from airing at @ @ @ @ @ the CBS Television Network .
The issue is being resolved , and the Mountain and @ @ @ @ @ CBS Evening News will air during the regular time slots at 6:30 PM , MT/PT @ @ @ @ @ CBS Evening News on the East Coast , the network aired coverage from CBSN , @ @ @ @ @ service , ” CBS said in a statement .

(VARIETY) -- “The CBS Evening News With Norah O’Donnell” did not air in East Coast time zones on Tuesday because of a technical glitch in the Washington, D.C. bureau where the newscast originates.
CBS News described the problem as a technical issue. The regular 6:30 p.m. ET “Evening News” broadcast was replaced by the feed for CBSN, the company’s 24-hour digital news network. CBS said the problem was fixed in time for the newscast to air in its regular slot in Mountain and West Coast time zones.
“CBS News experienced technical difficulties tonight that prevented the CBS Evening News from airing at 6:30 pm, ET on the CBS Television Network. The issue is being resolved, and the Mountain and West Coast versions of the CBS Evening News will air during the regular time slots at 6:30 PM, MT/PT. In place of the CBS Evening News on the East Coast, the network aired coverage from CBSN, CBS News’ streaming news service,” CBS said in a statement.
Read the full story ›


wnd--2020-05-19--Defense contractors cash in on paycheck-protection procedures

[ Editor 's note : This story originally was published by Real Clear Investigations . ]
Gulf Island Shipyards announced a $ 130 million deal in March to build two Navy rescue vessels , one more in a long line of contracts the Houston-based company has received from the U.S. Department of Defense in the past 20 years .
Two weeks later , Gulf Island Fabrication , an operating division of the shipyard building group , received $ 10 million from the federal government as part of the $ 2.2 trillion coronavirus relief package , passed by Congress to assist @ @ @ @ @ @ @ show it used the money to make payroll or save jobs , it probably won ’ t have to pay it back at all .
Otherwise , the money will be considered a loan carrying the very low interest rate of 1 % .
Gulf Island is one of dozens of publicly traded firms with active , multimillion-dollar defense contracts that are receiving CARES Act funding through the Paycheck Protection Program .
A RealClearInvestigations review of over 450 publicly traded groups receiving paycheck protection funds compiled by public watchdog Accountable.us , found over @ @ @ @ @ @ @ funding have held defense contracts since 2000 .
Defense contractors , deemed part of the critical workforce along with health care , agriculture , public safety and several other industries , have seen few closures and have remained mostly solvent and working .
Fewer than 3 % of defense contractors have been forced to close during the virus outbreak , Ellen Lord , undersecretary of defense for acquisition and sustainment , told reporters last month .
But the nation ’ s defense budget could see a 2 to 3 percent dip as a @ @ @ @ @ @ @ coronavirus , the Washington Post reported last week .
With the money flowing so fast and to so many public companies , government watchdogs are mining SEC filings to discover that many recipients are not as needy as others .
Federal prosecutors have vowed to monitor recipients of the $ 660 billion Paycheck Protection Program to ensure compliance with the dictates of the law .
So far , more than 30 % of the PPP funds secured by private companies have been returned by those corporations – including Shake Shack and the Los @ @ @ @ @ @ @ have been ineligible for the money from the outset of the PPP program , said Kyle Herrig , president of Accountable.us .
“ The program was sold as something to help small business , not someone on the stock exchange , ” Herrig said .
He cited a line on the application for the funding .
“ It asks the applicant to verify that ‘ current economic uncertainty makes this loan request necessary to support the ongoing operations of the applicant , ’ ” Herrig said .
“ If you are publicly traded @ @ @ @ @ @ @ capital markets.
” Robert E. Jones , a CPA who handled defense contracts for a private company for 15 years , said that while the government did a good job by quickly by getting money into the hands of small business owners , the speed with which it was done will create problems in the future .
“ There is no clear guidance for anyone taking this money , ” he said , noting that when it comes to government contractors , the rules are even murkier .
“ There is no way @ @ @ @ @ @ @ of the law , ” Jones said .
“ They are going to have to deal with interpretations of the DoD , the SBA and the IRS , and it ’ s likely there will be conflict among those three groups.
” Which also sounds like a scenario for large sums of wasteful spending , despite the best intentions , he acknowledged .
Business structures are often complex arrangements with numerous subsidiaries and divisions , not necessarily due to malfeasance or ill intent but instead because operations vary , as in the case @ @ @ @ @ @ @ divisions .
In announcing an increase in consolidated revenue earlier this month , Gulf Island CEO Richard Heo said in a May 9 press release that the company was deemed an essential business but “ in this challenging and uncertain time , the PPP loan proceeds provide necessary liquidity to defray payroll and benefit costs , including maximizing our ability to retain our workforce , execute our current backlog and compete for new project awards.
” Heo did not respond to an email seeking an interview .
The federal defense contractor list of @ @ @ @ @ @ @ which in November received an $ 11.5 million contract to build fuel handling systems in several locations .
The deal gave the Houston-based operation a $ 57.2 million portfolio of booked projects .
In its May 7 investor call , CFO Mark Hess announced the receipt of $ 4.9 million in PPP money .
He cited ENGlobal ’ s size – about 250 employees – as well as its “ depressed stock price ” and “ lack of volume ” as reasons for taking the funding .
“ We simply do not have @ @ @ @ @ @ @ larger public companies do , ” Hess said .
“ Also we do not have a financial sponsor to provide access to funds when needed .
Because of these factors , we are in many ways more like small privately held companies than a public company.
” Hess did not respond to an email seeking comment .
Twin Disc , a Wisconsin-based defense contractor with around 900 employees and $ 40 million in defense contracts since 2000 , has not shut down its North American operations , but has been operating with a @ @ @ @ @ @ @ $ 8.2 million PPP payment in April .
“ Do we think that other small businesses should have gotten the PPP funding ?
” CEO John Batten said in a May 1 investor call .
“ Yes .
Did we follow the rules laid out in the CARES Act ?
Yes , and we acted absolutely in good faith .
With the PPP funds we have received , we brought people back in the scene.
” Batten did not respond to an email seeking comment .
As recipients of the PPP funds have @ @ @ @ @ @ @ returned the money , including public firms with defense deals .
Ultralife Corporation , a New Jersey-based battery maker that has secured $ 230 million in defense contracts in the past 20 years , returned the $ 3.4 million in paycheck protection money it received within 10 days .
The company last month announced a 37 % increase in revenue in the first quarter of 2020 , along with a 24 % jump in defense sales .
“ The company liquidity remains solid , ” Chief Financial Officer Philip Fain said on its @ @ @ @ @ @ @ did not respond to a call or email seeking comment .
Similarly flourishing public companies , especially those with reliable government contracts , may or may not continue to heed the public pressure to return the money .
“ It ’ s not entirely their fault , ” said Sean Moulton , senior policy analyst for Project on Government Oversight , an advocacy group .
“ But they shouldn ’ t be putting their hand out when they are doing stock buybacks and have lines of equity to tap before taking taxpayer money.
@ @ @ @ @ @ @ hasty move that created unnecessary confusion , casting some public businesses in a poor light , Moulton said .
The trouble now is tracking the money to ensure it has been spent in accordance with the rules , he said .
Most will mention the infusion in their investor calls and corporate filings .
“ But we can be sure it ’ s not all of them , ” Moulton said .
[ Editor 's note : This story originally was published by Real Clear Investigations . ]

[Editor's note: This story originally was published by Real Clear Investigations.]
By Steve Miller
Real Clear Investigations
Gulf Island Shipyards announced a $130 million deal in March to build two Navy rescue vessels, one more in a long line of contracts the Houston-based company has received from the U.S. Department of Defense in the past 20 years.
TRENDING: Is this the 'Final Battle'?
Two weeks later, Gulf Island Fabrication, an operating division of the shipyard building group, received $10 million from the federal government as part of the $2.2 trillion coronavirus relief package, passed by Congress to assist small businesses.
If the company can show it used the money to make payroll or save jobs, it probably won’t have to pay it back at all. Otherwise, the money will be considered a loan carrying the very low interest rate of 1%.
Gulf Island is one of dozens of publicly traded firms with active, multimillion-dollar defense contracts that are receiving CARES Act funding through the Paycheck Protection Program.
A RealClearInvestigations review of over 450 publicly traded groups receiving paycheck protection funds compiled by public watchdog Accountable.us, found over 70 companies approved to receive CARES Act funding have held defense contracts since 2000.
Defense contractors, deemed part of the critical workforce along with health care, agriculture, public safety and several other industries, have seen few closures and have remained mostly solvent and working.
Fewer than 3% of defense contractors have been forced to close during the virus outbreak, Ellen Lord, undersecretary of defense for acquisition and sustainment, told reporters last month. But the nation’s defense budget could see a 2 to 3 percent dip as a result of the economic fallout of the coronavirus, the Washington Post reported last week.
With the money flowing so fast and to so many public companies, government watchdogs are mining SEC filings to discover that many recipients are not as needy as others.
Federal prosecutors have vowed to monitor recipients of the $660 billion Paycheck Protection Program to ensure compliance with the dictates of the law.
So far, more than 30% of the PPP funds secured by private companies have been returned by those corporations – including Shake Shack and the Los Angeles Lakers.
Publicly traded companies should have been ineligible for the money from the outset of the PPP program, said Kyle Herrig, president of Accountable.us.
“The program was sold as something to help small business, not someone on the stock exchange,” Herrig said. He cited a line on the application for the funding.
“It asks the applicant to verify that ‘current economic uncertainty makes this loan request necessary to support the ongoing operations of the applicant,’ ” Herrig said. “If you are publicly traded, you likely have access to other capital markets.”
Robert E. Jones, a CPA who handled defense contracts for a private company for 15 years, said that while the government did a good job by quickly by getting money into the hands of small business owners, the speed with which it was done will create problems in the future. “There is no clear guidance for anyone taking this money,” he said, noting that when it comes to government contractors, the rules are even murkier.
“There is no way to tell if you are running afoul of the law,” Jones said. “They are going to have to deal with interpretations of the DoD, the SBA and the IRS, and it’s likely there will be conflict among those three groups.”
Which also sounds like a scenario for large sums of wasteful spending, despite the best intentions, he acknowledged.
Business structures are often complex arrangements with numerous subsidiaries and divisions, not necessarily due to malfeasance or ill intent but instead because operations vary, as in the case of Gulf Island, which has several divisions.
In announcing an increase in consolidated revenue earlier this month, Gulf Island CEO Richard Heo said in a May 9 press release that the company was deemed an essential business but “in this challenging and uncertain time, the PPP loan proceeds provide necessary liquidity to defray payroll and benefit costs, including maximizing our ability to retain our workforce, execute our current backlog and compete for new project awards.”
Heo did not respond to an email seeking an interview.
The federal defense contractor list of PPP recipients also includes ENGlobal Corporation, which in November received an $11.5 million contract to build fuel handling systems in several locations. The deal gave the Houston-based operation a $57.2 million portfolio of booked projects.
In its May 7 investor call, CFO Mark Hess announced the receipt of $4.9 million in PPP money. He cited ENGlobal’s size – about 250 employees – as well as its “depressed stock price” and “lack of volume” as reasons for taking the funding.
“We simply do not have the same access to capital markets as larger public companies do,” Hess said. “Also we do not have a financial sponsor to provide access to funds when needed. Because of these factors, we are in many ways more like small privately held companies than a public company.”
Hess did not respond to an email seeking comment.
Twin Disc, a Wisconsin-based defense contractor with around 900 employees and $40 million in defense contracts since 2000, has not shut down its North American operations, but has been operating with a smaller crew. Twin Disc received an $8.2 million PPP payment in April.
“Do we think that other small businesses should have gotten the PPP funding?” CEO John Batten said in a May 1 investor call. “Yes. Did we follow the rules laid out in the CARES Act? Yes, and we acted absolutely in good faith. With the PPP funds we have received, we brought people back in the scene.”
Batten did not respond to an email seeking comment.
As recipients of the PPP funds have been made public, some companies have returned the money, including public firms with defense deals.
Ultralife Corporation, a New Jersey-based battery maker that has secured $230 million in defense contracts in the past 20 years, returned the $3.4 million in paycheck protection money it received within 10 days.
The company last month announced a 37% increase in revenue in the first quarter of 2020, along with a 24% jump in defense sales.
“The company liquidity remains solid,” Chief Financial Officer Philip Fain said on its quarterly earnings call with analysts. Fain did not respond to a call or email seeking comment.
Similarly flourishing public companies, especially those with reliable government contracts, may or may not continue to heed the public pressure to return the money.
“It’s not entirely their fault,” said Sean Moulton, senior policy analyst for Project on Government Oversight, an advocacy group. “But they shouldn’t be putting their hand out when they are doing stock buybacks and have lines of equity to tap before taking taxpayer money.”
The dump of cash was a hasty move that created unnecessary confusion, casting some public businesses in a poor light, Moulton said.
The trouble now is tracking the money to ensure it has been spent in accordance with the rules, he said. Most will mention the infusion in their investor calls and corporate filings.
“But we can be sure it’s not all of them,” Moulton said.
[Editor's note: This story originally was published by Real Clear Investigations.]