The Daily Parker

Twenty-nine people died and 52 were injured in two mass shootings yesterday. Years of lying about the second amendment to encourage gun sales, and buying votes not only for legislation but also to confirm judges (including on the Supreme Court) have led to this.

I believe Wayne LaPierre, the head of the National Rifle Association since 1991, is the person most responsible for our current firearms laws. So far in 2019, he bears substantial responsibility for the 252 mass shootings that have taken 281 lives and ruined 1,025 others. (Today is the 216th day of the year. Do the math.) He shares responsibility with the Republican Party and its willful exploitation of fears of "others" that, when combined with easy access to deadly weapons, allows narcissistic and unstable young men to kill dozens of people at a time.

We are the only country in the world where this happens. We are the only country in the world where a substantial number of otherwise-literate people believe that a well-regulated militia requires everyone to carry an AR-15. We are the only country in the world where average people can walk down the street armed to the teeth legally. We are the only country in the world where it's easier to get a gun permit than a driving license.

We are the only country in the world where this happens.

First, New York Times film critic A.O. Scott takes a second look at the 1999 film Election:

The movie has been persistently and egregiously misunderstood, and I count myself among the many admirers who got it wrong. Because somehow I didn’t remember — or didn’t see— what has been right there onscreen the whole time.

Which is that Mr. M is a monster — a distillation of human moral squalor with few equals in modern American cinema — and that Tracy Flick is the heroine who bravely, if imperfectly, resists his efforts to destroy her. She’s not Moby-Dick to his Ahab so much as Jean Valjean to his Inspector Javert.

Second, with Lake Michigan at record-high water levels for the second month in a row, several of Chicago's beaches have disappeared:

This year, the buoyant water has swallowed at least two Chicago beaches entirely and periodically closed others. It has swiped fishermen from piers, swimmers from beaches and submerged jetties, creating hazards for boaters. It has flooded heavily trafficked parts of lakefront bicycle and pedestrian pathways, leaving some stretches underwater and others crumbling.

But perhaps the most worrisome aspect of this summer is that these perils have occurred while the lake has remained mostly calm.

“Fall is the time of the year when wave conditions are historically the most severe on the Great Lakes,” said David Bucaro, outreach manager at the U.S. Army Corps of Engineers Chicago District. “We’re at a calmer period right now. There’s been some summer storms. But that October, November time period is when we really experience historically the most powerful coastal storms. That’s the conditions that we’re monitoring and are most concerned with.”

Should be fun this fall.

Next, writing for the LA Times, Rebecca Wexler points out that data-privacy laws giving law enforcement the power to snoop on electronic devices is deeply unfair to defendants for an unexpected reason:

Social media messages, photo metadata, Amazon Echo recordings, smart water meter data, and Fitbit readings have all been used in criminal cases. The new laws would limit how defendants can access this key evidence, making it difficult or impossible for defendants to show they acted in self-defense, or a witness is lying, or someone else is guilty of the crime.

The California Consumer Privacy Act, which was approved in 2018, allows law enforcement officers to obtain data from technology companies and prohibit those companies from immediately notifying the person they are investigating. Such delayed notice may be necessary to investigate someone who is dangerous or likely to destroy evidence or flee. But the law does not give defense investigators the same right to delay notification to witnesses or others — who might well pose a threat to the defendant — when they subpoena data from tech companies as part of the defense’s case.

I will now rejoin a long-running data analysis project, already in progress.

I want Wayne LaPierre to apologize, in person, to Alberto Romero:

The shooting left three people dead — including a 6-year-old boy — and 12 injured, local officials said. Authorities initially reported that 15 people had been hurt but amended the count early Monday morning. One gunman was killed by officers at the scene, Gilroy Police Chief Scot Smithee said.

In an interview with NBC Bay Area, Alberto Romero confirmed that his 6-year-old son, Stephen, had died. The boy’s mother and grandmother were also shot and injured, the news station reported.

“I lost my son,” Alberto Romero told the news station. “There’s nothing I really can do besides try to be with him until I can put him in his resting spot.”

Romero later added: “My son had his whole life to live and he was only 6.”

Decades of the National Rifle Association trying to sell as many guns as possible have led to this. And to every other mass shooting in the last 30 years. There have been 196 mass shootings in 2019 so far, or about one every day. And the fact that the United States is the only OECD country where this happens means that we can stop them from happening simply by adopting gun controls similar to every other country in the world.

Wayne LaPierre and his entire septic organization should be held liable for each and every one of these murders until he and the NRA are insolvent. And then they should be held liable some more.

I thought the weekend of Canada Day and the weekend before Independence Day wouldn't have much a lot of news. I was wrong:

• Ontario Premier Doug Ford (the brother of Rob Ford) cancelled Canada Day celebrations in Toronto*. (Imagine the Governor of Virginia or the Mayor of DC canceling the 4th of July and you've about got it.) Fortunately for the city, the Ontario legislature reinstated them.
• You know how I write about how urban planning can make people happier, healthier, and friendlier? Yah, this city in California is my idea of hell. I hope the developers lost all their money.
• In contrast, I learned of the Lil Yellow House while in Toronto, and the rap video the real-estate agent created to sell it. (It sold quickly, for C$500,000.)
• Apparently, my drinking gets me a B-. (80% of Americans drink 6.75 drinks per week or less; the top 10% drink 15.28 per week. This is the one B- I'm happy to have.)
• My alma mater recently published new research linking your email address to your credit score.
• Alabama prosecutors have brought charges for manslaughter against a woman who miscarried after getting shot. No, really. Because Alabama.
• Former President Jimmy Carter called out President Trump on the (alleged) illegitimacy of his election.
• The New Republic adds to the chorus of organizations surprised at what it actually took to get the Supreme Court to call bullshit.
• Ever wonder how often two bags of Skittles candy have the same proportions of flavors? No, me neither. But this guy did.
• Windows has a case-insensitive file system; Git is case-sensitive. Do the math.
• Um. That's not a pet bird.

*Those celebrations will be here, on the right, in this view from my hotel room yesterday:

William Langewiesche, a pilot and journalist, has examined some of the worst air disasters in modern history. I read Fly By Wire in an hour and a half. His reporting on the demolition of the World Trade Center is legendary.

In the upcoming issue of The Atlantic, Langewiesche assembles the best evidence we have about the disappearance of Malaysian Airlines flight 370 on 8 March 2014. It's a must-read for anyone interested in aviation:

Primary radar relies on simple, raw pings off objects in the sky. Air-traffic-control systems use what is known as secondary radar. It depends on a transponder signal that is transmitted by each airplane and contains richer information—for instance, the airplane’s identity and altitude—than primary radar does. Five seconds after MH370 crossed into Vietnamese airspace, the symbol representing its transponder dropped from the screens of Malaysian air traffic control, and 37 seconds later the entire airplane disappeared from secondary radar. The time was 1:21 a.m., 39 minutes after takeoff. The controller in Kuala Lumpur was dealing with other traffic elsewhere on his screen and simply didn’t notice. When he finally did, he assumed that the airplane was in the hands of Ho Chi Minh, somewhere out beyond his range.

The Vietnamese controllers, meanwhile, saw MH370 cross into their airspace and then disappear from radar. They apparently misunderstood a formal agreement by which Ho Chi Minh was supposed to inform Kuala Lumpur immediately if an airplane that had been handed off was more than five minutes late checking in. They tried repeatedly to contact the aircraft, to no avail. By the time they picked up the phone to inform Kuala Lumpur, 18 minutes had passed since MH370’s disappearance from their radar screens. What ensued was an exercise in confusion and incompetence. Kuala Lumpur’s Aeronautical Rescue Coordination Centre should have been notified within an hour of the disappearance. By 2:30 a.m., it still had not been. Four more hours elapsed before an emergency response was finally begun, at 6:32 a.m.

The mystery surrounding MH370 has been a focus of continued investigation and a source of sometimes feverish public speculation. The loss devastated families on four continents. The idea that a sophisticated machine, with its modern instruments and redundant communications, could simply vanish seems beyond the realm of possibility. It is hard to permanently delete an email, and living off the grid is nearly unachievable even when the attempt is deliberate. A Boeing 777 is meant to be electronically accessible at all times. The disappearance of the airplane has provoked a host of theories. Many are preposterous. All are given life by the fact that, in this age, commercial airplanes don’t just vanish.

This one did, and more than five years later its precise whereabouts remain unknown. Even so, a great deal about the disappearance of MH370 has come into clearer view, and reconstructing much of what happened that night is possible. The cockpit voice recorder and the flight-data recorder may never be recovered, but what we still need to know is unlikely to come from the black boxes. Instead, it will have to come from Malaysia.

What follows should give anyone who cares about functioning institutions pause. Langewiesche doesn't so much indict the Malaysian government for incompetence as simply lay out the facts and let the reader decide, a la Robert Mueller. Example:

For all its expensive equipment, the air force had failed at its job and could not bring itself to admit the fact. In an Australian television interview, the former Malaysian defense minister said, “If you’re not going to shoot it down, what’s the point in sending [an interceptor] up?” Well, for one thing, you could positively identify the airplane, which at this point was just a blip on primary radar. You could also look through the windows into the cockpit and see who was at the controls.

Had MH370 belonged to (or flown out of) a functioning, institutional government, we might actually have found it and known what happened.

Langewiesche alone should give you enough reason to subscribe to The Atlantic. Grab this month's issue and see so many others.

President Trump's two biggest liars supporters made news today, one by quitting, and the other by refusing to.

First, the president announced yesterday that Press Secretary Sarah Sanders would leave at the end of the month. Though it remained unclear whether Sanders knew about this before the Tweet, she confirmed she will depart government service in two weeks, after successfully destroying the credibility of her office over the past two years:

The White House press secretary—the office, if not the person—is an outgrowth of the idea that, in a democracy, information matters, and facts matter, and while politicians and the press may tangle and tussle, they are ultimately on the same team. Sanders, who ascended to the press-secretary role in July of 2017, after the brief and peevish tenure of Sean Spicer, publicly rejected that idea. To watch a Sanders press conference, or to watch her representing the White House on cable news, was to be confronted with a vision of America that is guided by political Darwinism—an environment in which everything is a competition, with the winner determined by who can shout the loudest, who can distract the most effectively, who can get in the best insult before the time for questioning is over.

Here is some of the misinformation Sanders has spread on behalf of the White House: She has insisted that her boss never “promoted or encouraged violence,” although Donald Trump, among many other such promotions, said of a protester who’d been ejected from a 2016 rally, “I’d like to punch him in the face.” She has outright dismissed the stories of the multiple women who have accused Trump of sexual abuse as lies. She has told reporters that she’d heard from “countless” FBI agents who were happy that Trump had fired James Comey in 2017; she would later characterize that, to Robert Mueller, as a mere “slip of the tongue.”

Her broader legacy, though, is an acquiescence to the idea that facts themselves have a political bias. The agent of a president who has transformed “fake news” from an offhanded insult into a democratic anxiety, Sanders has used her powerful pulpit to promote the “Fake News Awards,” her boss’s carnivalesque attempt to institutionalize his mockery of the American media. She has accused reporters of “purposefully misleading the American people.” She has deflected; she has belittled; she has eye-rolled; she has condescended; she has obfuscated; she has misled; she has lied. And she has treated it all as a battle to be won. So many of the public interactions Sanders has conducted with reporters—whether Acosta or April Ryan or Jim Sciutto or Brian Karem or the many other members of the press who are charged with reporting on the daily doings of the White House—have been wars in miniature. And, day by day, the martial logic lurking in the way Americans talk about their politics—the campaign and the press corps, the war room—has been made ever more literal. What is true about the world we all navigate, together? That becomes a less important question than who is winning in it.

Margaret Sullivan calls Sanders "the disdainful Queen of Gaslighting."

Meanwhile, after years of obvious, repeated violations of the Hatch Act (prohibiting government employees from making public political statements), the Office of Special Counsel recommended that the White House fire Kellyanne Conway. The Trump-appointed OSC head made this recommendation. Conway's response? "Blah, blah, blah:"

It’s not that Conway is unaware of the rules. She’s openly thumbed her nose at them. In a May interview, when asked about overstepping the rules, she replied, “If you’re trying to silence me through the Hatch Act, it’s not going to work … Let me know when the jail sentence starts.”

Her cavalier attitude toward the law, while galling, is also probably safe. The Hatch Act is written with the understanding that the president would not want his aides flagrantly and wantonly violating the law, and only the president can fire a senior aide for violating the law. In the Trump administration, that has been revealed as a loophole, since this particular president has no inclination to punish violations that benefit him. (One of the most outspoken critics of Trump’s disrespect for laws and regulations has been the longtime Republican lawyer George Conway, who has used his Twitter feed to criticize the president. He also happens to be married to Kellyanne Conway. As of this writing, George Conway had not yet commented.)

We need to get these people out of office as soon as legally possible. Unfortunately, they can still do a lot of damage between now and January 2021.

The former owner of Chicago restaurant Embeya has returned to the city to face charges he misappropriated $300,000 of the restaurant's money:

Attila Gyulai hasn’t been seen in Chicago since traveling overseas in 2016 shortly after shuttering Embeya — then one of the city's most illustrious restaurants. At the time, Gyulai blamed family obligations and the demands of running a restaurant.

But his partners, Thai and Danielle Dang, filed a lawsuit alleging he had been looting the business. And more than a year and a half later, federal prosecutors charged Gyulai with wire fraud, alleging he had misappropriated at least $300,000 “by means of materially false and fraudulent pretenses, representations and promises.”

Gyulai was arrested in late December in Valencia, Spain, where he’d traveled from Ecuador on a 10-day vacation. He waived extradition in March and was finally brought back to the U.S. to face the charges this month, court records show.

An upscale Vietnamese restaurant on the highly competitive Randolph Row, Embeya opened in 2012 to praise for polished cooking by chef Thai Dang and the artfully designed dining room.

Yet the charges alleged that Gyulai, who with his wife owned 56.5 percent of the restaurant and handled the finances, was engaged in fraud from as early as August 2011 to just after Embeya closed.

When the Dangs raised concerns about how the restaurant was being managed, Gyulai fired them and brought in a new chef.

The Dangs prevailed in two court cases against Gyulai, one for $90,000 in unpaid wages and another for breach-of-fiduciary duty among other claims, winning a $1.4 million default judgment in May 2017, according to a previous Tribune report. 

I guess $300,000 doesn't go as far as it used to. Maybe he's just done running? Or maybe he forgot Spain and the US cooperate on law enforcement?

The Illinois legislature has passed a bill legalizing small amounts of recreational marijuana and directing the governor to pardon thousands of low-level drug offenders:

Illinois is poised to be the 11th state in the country to legalize recreational marijuana beginning Jan. 1, 2020.

The state House of Representatives approved its legalization bill 66-47 on Friday. Democratic Gov. JB Pritzker, who campaigned on legalizing cannabis, quickly released a statement saying he’ll sign the legislation.

“It is time to hit the reset button on the war on drugs,” said State Rep. Kelly Cassidy, D-Chicago. “What is before us is the first in the nation to approach this legislatively, deliberatively, thoughtfully with an eye toward repairing the harm of the war on drugs.”

The bill would allow adults over 21 to possess and use marijuana recreationally starting next year. They’d be able to buy the drug at dispensaries that must undergo a rigorous state licensing process.

One big component of the bill would create a pathway for people with past marijuana convictions to have those wiped out. Anyone convicted of selling up to 30 grams of cannabis could gain executive clemency through the governor.

For convictions linked to the sale of larger amounts up to 500 grams, a state’s attorney or individuals could petition the court to have those criminal records vacated and expunged.

The law will take effect January 1st. However, marijuana still remains illegal in the United States, so Federal authorities could still arrest and prosecute users, just as they can in the other 10 legal states.

Crain's adds:

Among the most controversial provisions were pardons and expungement of past criminal convictions for possession and non-violent crimes as part of a broader effort to undue some of the effects from the war on drugs.

“The war on drugs ravaged my community and personally impacted my own family,” Rep. Marcus Evans, a South Side Democrat, testified before the vote. "Finally, the state of Illinois is going to look at my community and say, 'We want you to have a piece of the pie.' The only thing that’s going to help our community is jobs. I’ve never seen a piece of legislation that was going to help my community."

Expungements and pardons could affect up to 800,000 people in the state.

That garnered key support for the bill in communities hit hardest by the "war on drugs."

Federal judge Amit Mehta could not believe the arguments the president's lawyer, William Consovoy, made on Monday:

Consovoy, a beefy former law clerk to Justice Clarence Thomas, offered two related points:

(A) Congress can’t issue a subpoena or otherwise probe a president unless it is doing so for a “legitimate legislative purpose.”

(B) Any “legitimate legislative purpose” Congress could conceivably devise would be unconstitutional.

As a result, Consovoy argued, Congress can’t investigate to see if a law is being broken, can’t inform the public of wrongdoing by the executive and can’t look for presidential conflicts of interest or corruption, because that would be “law enforcement.”

I can't believe these arguments either. Dana Milbank suggests that Consovoy expects to drag out the appeals process and essentially run out the clock on Congress's ongoing investigations.

This may explain why Democratic activist Tom Steyer released this ad yesterday:

Pretty damning stuff. And it gets to the frustration that many of us feel.

I'm willing to give the House Democrats more time. But just a little. Because we need to get the facts out there before the next election.

Though we'll probably talk about this week's news out of Mauna Loa for many years to come, other stories got to my inbox today:

• Chicago's budget deficit will hit $740m in 2020, the city's CFO announced less than a week before Lori Lightfoot takes office as our new mayor.
• Both MSNBC and Josh Marshall pin our escalating tensions with Iran right on John Bolton's butt. (Cap may have America's Ass, but Bolton is America's Arse.)
• Physicians believe a boy who died 50 years ago today was the country's first AIDS fatality.
• More evidence has emerged that the National Rifle Association, and its chief executive Wayne LaPierre, may have engaged in massive fraud. (And not just on the meaning of the Second Amendment.)

And finally, the Illinois Craft Brewers Guild has a new Summer Passport program that entitles people to a free membership after getting stamps at 40 brewpubs and taprooms between now and August 10th. Forty breweries in 87 days? Challenge...accepted!