Archives for category: Fraud

Commonweal is a liberal Catholic magazine. I read its articles and editorials regularly for their common sense and intelligence.

What actually motivates us to vote in presidential elections, other than a sense of duty? The answer depends on the election. Once in a while, we have the luxury of voting enthusiastically for the better of two good candidates. Sometimes—too often—the choice is between mediocre candidates with uninspiring agendas, and then we must vote, without enthusiasm but with a clear conscience, for the better mediocrity. Unfortunately, this isn’t quite one of those elections either. This year, what will matter most to voters who care about the future of our democracy and the rule of law is the candidate they will be voting against, not the one they’ll be voting for.

That’s because Donald J. Trump is uniquely unfit for the office he holds. It is not just a matter of his administration’s failed policies or its odious ideological proclivities—though we should never forget these. What sets Trump apart, and makes this election so urgently important, is the viciousness of the man himself: his malice and well-documented mendacity, his callousness and incompetence, his total lack of scruples. Trump may be only a symptom of a political disease that started before him and will likely outlast him, but sometimes you have to treat the symptom first—or else it will kill you.

It will take years, maybe decades, to undo the damage Trump has done. The sooner we get started, the better.

It can be hard to keep in view the full scope of this president’s failures and offenses; they have come so thick and fast, and from so many different directions. Let’s begin abroad. In pursuit of an America-first foreign policy, Trump has turned his back on our allies and befriended dictators. “It’s funny, the relationships I have [with foreign leaders], the tougher and meaner they are, the better I get along with them,” he told Bob Woodward. He has expressed envy for heads of state who get to rule for life and wondered aloud whether such an arrangement could be imported to the United States. (At his campaign rallies the chant is now “Twelve more years!”) After the crown prince of Saudi Arabia, Mohammed bin Salman, had an American-based journalist murdered and dismembered at the Saudi consulate in Istanbul, Trump boasted of protecting bin Salman from the consequences. “I saved his ass,” Trump told Woodward. “I was able to get Congress to leave him alone.” What mattered to Trump was only that Saudi Arabia buys expensive weapons from U.S. manufacturers for its war in Yemen. For this president and his administration, “America first” has always had less to do with American security or American values than with purely commercial considerations. Of course, other presidents have paid too little attention to our allies’ human-rights abuses, but Trump is the first to be openly indifferent to them. In general, cruelty does not seem to bother him, perhaps because it is a proof of power. Finally, Trump has invited foreign governments to interfere in U.S. elections and was even impeached for it—was it less than a year ago? But it says a lot about him that his impeachment may not even be one of the first things that come to mind when we remember what a disastrous president he was.

No, what will come to mind will be the thousands of migrant families he separated at the border, and the children he put in cages. It will be his unwillingness to condemn a white-supremacist rally in Charlottesville, Virginia; his habit of inciting violence against his political opponents, members of the press, and immigrants; his description of American soldiers who died on the battlefield as “suckers” and “losers,” and his disgust at the prospect of amputees appearing in military parades. We will remember that he had peaceful protesters tear-gassed to clear the way for a risible photo op; that he pulled the United States out of the Paris climate accord and opened up the Arctic National Wildlife Refuge to oil and gas drilling; that, as the leader of the free world, he seemed to spend most of his time watching Fox News and retweeting conspiracy theories. Most of all, we will remember him as the president who misled us about a pandemic that has already killed more than 200,000 Americans, because he was afraid that telling us what he knew might spook the stock market and hurt his chances of reelection. As Trump’s presidency has degenerated from farce to tragedy, it’s become clear that his apparent cluelessness was often something much worse: a complete contempt for the truth and a lack of concern for anyone but himself.

It will take years, maybe decades, to undo the damage he has done. The sooner we get started, the better. Joe Biden is a decent and thoughtful man, curious about the world and capable of empathy. He may be past his prime; his agenda may be inadequate to the scale of the many crises we face; he still seems to be harboring sentimental illusions about the willingness of a post-Trump GOP to compromise. For now, none of that matters. What matters is that he isn’t Donald Trump, already the worst president in this country’s history and an existential threat to its future.

The Washington Post published this fascinating story about Trump’s determination to gain control of his ailing father’s estate, at the expense of his siblings. There are many links to depositions and audio recordings. Please open the story to read and hear.

Donald Trump was facing financial disaster in 1990 when he came up with an audacious plan to exert control of his father’s estate.
His creditors threatened to force him into personal bankruptcy, and his first wife, Ivana, wanted “a billion dollars” in a divorce settlement, Donald Trump said in a deposition. So he sent an accountant and a lawyer to see his father, Fred Trump Sr., who was told he needed to immediately sign a document changing the will according to his son’s wishes, according to depositions from family members.

It was a fragile moment for the senior Trump, who was 85 years old and had built a real estate empire worth hundreds of millions of dollars. He would soon be diagnosed with cognitive problems, such as being unable to recall things he was told 30 minutes earlier or remember his birth date, according to his medical records, which were included in a related court case.

Now, those records and other sources of information about the episode obtained by The Washington Post reveal the extent of Fred Trump Sr.’s cognitive impairment and how Donald’s effort to change his father’s will tore apart the Trump family, which continues to reverberate today.

The recent release of a tell-all book by the president’s niece Mary L. Trump and the disclosure of secret recordings of her conversations with her aunt reflect the ongoing resentment of some family members toward Donald Trump’s attempt to change his father’s will.

Play episode

Listen to Maryanne Trump Barry tell her niece Mary L. Trump how Donald Trump tried to take over the family estate.

With the election weeks away, the documents and recordings provide more fodder for Mary Trump’s continuing efforts to see her uncle defeated by Democrat Joe Biden, whom she has said she would do “everything in my power” to elect.

Trump’s sister Maryanne Trump Barry was recorded by her niece in January 2019 expressing outrage over her brother’s efforts to change the will as their father’s mental capacity was declining. “Dad was in dementia,” Barry said.

Listen to Maryanne Trump Barry, Donald Trump’s sister, say that their father had dementia when Donald sought to change his will.

Barry said that when she was asked by her father in 1990 to review the proposed changes, she consulted with her husband, John Barry, an attorney familiar with estate law who died in 2000. “I show it to John, and he says, ‘Holy s–t.’ It was basically taking the whole estate and giving it to Donald,” Barry said.

Barry helped convince her father to reject her brother’s effort. As a result, Donald Trump “didn’t talk to me for two years,” Barry said during one of several conversations her niece recorded. Mary Trump recently provided the tapes to The Post.

Listen to Maryanne Trump Barry, Donald Trump’s sister, tell her niece Mary L. Trump that after the fight over the family estate, Donald Trump “didn’t talk to me for two years.”

In other taped conversations, referring to immigration policy and other matters, Barry said President Trump has “no principles” and “you can’t trust him.” In a brief telephone conversation, Barry said, “At this point, I’m not making any comment.”

Underlying the episode about the will was a troubling question: Did Donald Trump try to take advantage of his father at a time when the senior Trump was in the early stages of dementia? In a deposition, Donald said he had no idea his father was suffering from dementia, saying his father was “very, very sharp” at the time. But medical records and accounts by two of his siblings indicate the elder Trump’s cognitive abilities were already declining.

Donald Trump’s deposition from 2000 inheritance case

Q. Do you recall your father suffering from any memory lapses in 1991?
A. No.

Q. Do you recall him being diagnosed as having senile dementia in 1991?

A. No, I don’t.

Q. Do you recall him exhibiting any confusion in 1991?

A. No.

Then, within months of Trump’s effort to amend his father’s will, Fred Trump Sr. was formally diagnosed with “early stages of dementia,” according to medical records that were disclosed in a 2000 court case brought by Mary Trump and others seeking a larger inheritance from the elder Trump’s estate. In that case, Donald Trump and two of his siblings were deposed, and Fred Trump Sr.’s medical records were disclosed.

Mary Trump on Thursday filed suit in a New York court against Donald Trump, Barry and the estate of their brother Robert Trump, alleging that they — as executors of their father’s estate — later deceived her about the “true value” of what she believes she should have inherited. Her complaint said she was “fleeced her of tens of millions of dollars or more.”
Mary Trump said in a statement to The Post that Donald Trump’s initial effort to change his father’s will when his mental state was in decline is still relevant today because it shows how he put his own interests above even those of his own family members.

“As demonstrated by his willingness to alter his father’s will illicitly and in secret, there are no limits to Donald’s unethical behavior,” she said. “Because doing so benefited Donald, however, he had no compunction about deceiving his father in order to defraud his own siblings. There is no code of conduct, no moral or ethical imperative that stands in the way of Donald’s craven willingness to achieve his ends no matter the means.”

White House spokesman Judd Deere, asked for comment, said via email: “Old News. Totally False.”

The state of Fred Trump Sr.’s mind, as it turned out, would prove to be a crucial factor for his son as the legal dramas over the estate escalated.

Trump’s business problems

By the end of 1990, Donald Trump’s financial problems were spiraling out of control, and he increasingly looked to his inheritance as his salvation.

“It was a very bad period of time and if for any reason I was not able to come out of this well, then this would be giving me a trust to protect the money” that he would inherit, Trump said in a deposition he gave in the 2000 inheritance case, explaining why he came up with the idea to amend the will.

His casino empire at the time was in “severe financial distress,” according to a report by New Jersey regulators, the Trump Shuttle airline was losing millions of dollars per month, and his latest project, his crown jewel called the Taj Mahal, was cannibalizing business from his other casinos.

Trump convinced bankers to give him a $100 million line of credit, he told The Post in an interview for the biography “Trump Revealed.” But the possibility of personal bankruptcy still loomed, and he pleaded with more bankers — one of whom later told The Post that they gave him a financial lifeline only because if he went down, they might go down, and thus was worth keeping “alive.”

Still, the debts kept mounting, and Trump relied even more heavily on the man who had repeatedly bailed him out: his father. Fred Trump Sr. sent a lawyer to one of his son’s casinos with a check for $3.35 million, which paid for 670 gambling chips worth $5,000 a piece, according to a New Jersey regulator’s report. The maneuver funneled desperately needed cash into the casino.

Donald Trump, right, waits with his brother Robert for the start of a Casino Control Commission meeting in Atlantic City in 1990, seeking final approval for the Taj Mahal casino.

But it still wasn’t enough. A string of six corporate bankruptcies would follow. Fearing that his future inheritance would be seized, Donald Trump came up with his plan for an amendment, known as a codicil, to his father’s will.

While Trump had been expected to be the lead executor in an initial version of the will, this amendment would have broadened that role, according to Mary Trump’s account in her book. She wrote that the codicil would have put his siblings “at Donald’s financial mercy, dependent on his approval for the smallest transaction.”

Don Novick of Novick & Associates, an expert on New York estate law who reviewed the documents at The Post’s request, said: “It gave [Donald Trump] an enormous amount of authority he didn’t have in the original will. It gave him essentially full control to do whatever he wanted to run these businesses and to use estate and trust assets for that purpose.”

The codicil, reported by the New York Times in 2018 as part of its investigation into the family’s tax-avoidance measures, also was designed to protect Donald Trump’s inheritance from efforts to seize it by creditors and Ivana.

Trump’s uncontested divorce from Ivana was finalized in December 1990, with cruel and inhuman treatment by Donald Trump cited as the grounds. The division of property was then to be decided. Ivana had originally asked for $2.5 billion, half of Trump’s estimated worth, but his lawyers said her prenuptial agreement allowed her to receive less than 1 percent of his assets. (A private settlement eventually would be reached. Ivana Trump said in a brief telephone conversation: “I have no idea what Donald Trump and his father did. I have no comment.”)

‘You’re not signing anything’

Donald Trump asked a lawyer, Peter Valente, to write the codicil, according to Barry’s deposition in the 2000 case. (Valente said he could not discuss the matter due to attorney-client privilege.) Then, instead of presenting the proposal to his father, Trump said in the deposition that he sent two of his father’s most trusted associates to make the pitch in December 1990. They were Fred Sr.’s lawyer, Irwin Durben, and his accountant, Jack Mitnick.
Durben died in 2016. Mitnick declined to comment.

When Durban and Mitnick brought the codicil to Trump’s father for his signature, Trump’s mother, Mary MacLeod Trump, looked at the document and told her husband, “You’re not signing anything until I have had a chance to read it,” Barry said in the recording made by her niece.

Maryanne Trump Barry’s deposition from 2000 inheritance case

Q. Can you tell us when you first became aware of that document?

A. I first became aware of this document when my father called me and said he had been given this document by Irwin Durben and Jack Mitnick and asked to sign it and he said he didn’t like what he saw in there and he wanted me to take a look at it.

Q. Do you know approximately when that phone call was?

A. It wasn’t, I am trying to remember. It was either late 1990 or early 1991 and I have a distinct recollection of him bringing the document to me when we were down at my brother Donald’s house in Florida for a weekend that early 91. Early 91 maybe. But in any event, he called me on it and brought it to me because he was disturbed by what he read.

After Fred Trump Sr. refused the request to sign the document, he called Barry. Fred Sr. later met with his daughter, showed her the proposed codicil and said he was annoyed at the way Donald had tried to use two trusted advisers to get him to “sign it immediately,” according to Barry’s deposition in the 2000 case.

As father and daughter discussed the document, Barry said, they concluded that it would mean “Donald has sole control of everything as the executor/trustee, can sell, do anything he wants, you know, with the properties,” Barry said in her deposition.

Maryanne Trump Barry’s deposition from 2000 inheritance case

Q. So he [Fred Trump Sr.] expressed to you some sort of concern that by dint of the instrument putting Donald in control of the assets, even as his capacity as fiduciary, that somehow creditors of Donald would be able to attach the assets?

A. Right. Rightly or wrongly, that’s how he perceived it and that is how it looked to me too.

“Dad was concerned because although he always had the highest respect for Donald and admiration for him, this was a time when Donald was in precarious financial straits by his own admission and Dad was very concerned as a man who worked hard for his money and never wanted any of it to leave the family,” she said.
“He said to me . . . ‘This doesn’t pass the smell test,’ ” Barry said. “Here’s his attorney giving him something that he reads [that] could potentially denude his estate and he was annoyed that should happen that way.” It was done “behind his back, he had not authorized it, didn’t know they were going to give it to him for signature.”

It was left to Barry to tell Donald Trump that their father was killing the codicil. Years later, Trump, who rarely admits a mistake, said in a deposition that “I blame myself” for the way he sought the change in the will.

Donald Trump deposition from 2000 inheritance case

Q. Did Mr. Mitnick ever tell you what aspect or aspects of the whole episode your father found annoying, if I can use that word?

A. I think the presentation was not handled properly and he didn’t know Mr. Valente, didn’t feel comfortable having a lawyer that he never met putting a codicil in front of him and that was it. He wasn’t happy about it and I blame myself for that because I think the presentation was probably, in retrospect, not done right but I had a lot of things on my mind at that the point and this is not the biggest thing at all.

“My father wasn’t happy about it,” Trump said in his deposition. “The man was very, very sharp and wanted to know, you know, who the lawyer was. He wanted to read the document, wanted to get to understand the document and in the end he just didn’t like maybe the concept of the document or didn’t like the way it was presented or he just wanted to review the whole situation.”

By the spring of 1991, Fred Trump Sr. was working on the new will that made Donald Trump a co-executor of the estate, along with two of his siblings, Robert, who died August 15, and Maryanne. (The other siblings are Fred Jr., who is Mary’s father and died in 1981, and Elizabeth, who was not an executor of her father’s estate and thus not actively involved in the matter.)

Another fight

It was at this time that a new question came up: What would be given to the two children of Fred Trump Jr., Donald’s older brother, who had died in 1981 of an alcohol-related disease?
Mary and Fred III went to court in 2000 to argue that Fred Trump Sr. was not of sound mind when Donald and his siblings sought changes in the will in September 1991 that led to their effective disinheritance.

To bolster their case, they obtained medical and other records that showed Fred Trump Sr. was increasingly in mental decline. Mary said in an affidavit that her grandfather suffered from “senile dementia” and alleged that the will was “the product of undue influence and coercion” by Donald Trump and his siblings.
Robert Trump, Donald’s younger brother, said their father had been in “notable decline” in his cognitive ability starting in 1990, the year that Donald wanted his father to sign the codicil, according to medical records.
Robert Trump’s deposition from 2000 inheritance case

A. My father was very angry that a document, again, a document which I had never seen nor was I aware of it, but a document had been presented to him for signature almost as if it was a fait accompli, and evidently the preparers of the document were Mr. Durben and Mr. Mitnick, and I later learned it was also Mr. Valente, whoever he was.

And my father was quite unhappy that they had not had the courtesy and the professionalism to tell him that they were working on something, truly on his behalf as well as Donald’s behalf, and gave it — gave him a document and said, sign this and we’ve got to get it fast, sign it. And when he read it I don’t believe he understood it completely. So he was very unhappy with those two individuals particularly.

Then in October 1991, Fred Trump Sr. went to see one of his physicians, C. Ronald MacKenzie. The doctor wrote in his report that Fred Trump Sr. had “significant memory impairment” and showed “early signs of dementia.” In his notes, MacKenzie wrote that Trump Sr. had “obvious memory decline in recent years.” MacKenzie declined to comment.

In February 1992, Fred Trump Sr. underwent a neuropsychological evaluation by Rajendra Jutagir. The doctor wrote in the report, which is included in court records, that Fred Trump Sr. “did not know his birth date, was unsure of his age, and turned to his son [Robert] for help in responding to some questions.”
Jutagir’s exam found that the senior Trump’s cognitive ability was below the 15th percentile for a person in his age group. He could not recall what he was told 30 minutes earlier, the report said. He was given standard tests and failed or performed poorly. He was able to recall only three of the previous nine U.S. presidents. He was unable to draw hands on a clock to show a requested time. After reading a story, he could only remember one detail out of 23. Jutagir could not be reached for comment.

Rajendra Jutagir’s report

Memory: Immediate recall of stories read to him was poor relative to his achievement. Although norms are not well established for his age group, conservative estimation suggests performance below the 15th percentile. After a delay of 30 minutes recall of stories was nil. Immediate recall of a story that he read to himself was also impaired as he could remember only one detail (out of a possible 23), and showed evidence of mild confabulation.

From a 1992 medical record about Fred Trump Sr.

Despite all of this, Donald Trump insisted in his deposition that he never saw or heard of any evidence of his father’s mental decline during this time.

“Do you recall him being diagnosed as having senile dementia in 1991?” Trump was asked by a lawyer in the deposition.

“No,” Trump responded.

“Do you recall him exhibiting any confusion in 1991?” the lawyer asked.

“No,” Trump said.

Then, when the lawyer asked Trump to look at a doctor’s report from October 1991 that said his father “has mild senile dementia,” Trump said he knew nothing about it.

2000 Donald Trump deposition

Q. Let’s look at the exhibit. On Page 3, under the entry in the middle of the page, October 3rd of 1991, the 3rd paragraph next to the last sentence. “He [Fred Trump Sr.] has mild senile dementia.” You indicated before you had never heard of that. Does this in any way refresh your memory that some doctor made such a diagnosis on October 3rd of 91?

A. No.

Q. And you never heard it at any time thereafter through the end of 1993?

A. No, I have not.

(When asked during the 2016 campaign about dementia in his family, Trump said on “The Dr. Oz Show” that his father developed signs of Alzheimer’s disease only in “the last few years” before dying in 1999.)

Mary Trump said in an affidavit in her 2000 case that the executors of Fred Trump Sr.’s estate, including her uncle Donald, had “lied in the probate proceeding” about the elder Trump’s mental health and coerced the elder Trump to effectively disinherit her and her brother.

Trump and his brother Robert led an effort against a challenge to the will made by Mary and her brother, Fred III, saying they would withdraw medical care that was being provided by a Trump company to Fred III’s son, William, who had cerebral palsy. Donald Trump told the New York Daily News that after he was sued by Mary and Fred III over the will, he decided, “Why should we give [William] medical coverage?”

Mary Trump’s 2000 Affidavit

At the time, my uncle [Robert Trump] reported to the neuropsychological examiner that my grandfather’s memory had been in “notable decline” for the past two years. This is the same man who swore at his deposition, as did his brother and sister, that his father was mentally fit at the time he made his Will.
In the end, Mary and Fred III settled the inheritance fight and signed confidentiality agreements.

But Mary said this year she wasn’t bound by secrecy because of what she had learned about the value of the estate. Based on records she provided to the New York Times, she said had she been told the estate was worth $30 million when it was actually worth closer to $1 billion. She said she began to secretly record her aunt in an effort to extract knowledge about what Mary considered the family’s deception.

The fallout, as it turns out, had been foreshadowed by one of Fred Trump Sr.’s advisers, whose name is not disclosed in court records. In 1991, the adviser wrote him a memo that referred to the way he was effectively disinheriting Mary Trump and her brother. Suggesting that he consider giving them a more equitable share of the inheritance, the adviser wrote: “You may wish to increase their participation in your estate to avoid ill will in the future.”

The elder Trump ignored the advice.
Nearly 30 years later, Mary Trump, still upset over the inheritance battle and deeply at odds with her uncle’s political views, published her book with the title “Too Much and Never Enough.”

Dan Alexander, a senior editor at Forbes who covers Trump’s businessses, writes that Trump really is a billionaire. His net worth, he says, is about $2.5 billion. That’s after taking into account more than $1 billion in Trump debts.

That makes it even more scandalous that Trump employs every accounting trick to pay no taxes in most years (while deducting $70,000 for his hair stylist), and only $750 in two years when he actually paid something to the government.

The former principal of a closed charter school in Arizona was sentenced to 3.75 years in prison for participating in a scheme to loot $2.5 million by inflating enrollment. The principal was a high school graduate, which is okay in Arizona, where credentials don’t matter. The principal and his associates forged documents for phantom students.

Craig Harris of the Arizona Republic wrote:


The former principal of a closed West Valley charter school was sentenced to 3.75 years in prison on Monday, after pleading guilty to engaging in a $2.5 million enrollment-inflation scheme.

Harold Cadiz, 56, expressed contrition and took responsibility for his actions before Maricopa County Superior Court Judge Jay Ryan Adleman, but Cadiz placed much of the blame on two co-defendants who also face prison sentences in the fraud case.

“I’m tremendously sorry,” Cadiz said. “The state is so short-funded for kids, and for this to happen is appalling … The state has suffered because of my involvement. I knew it was wrong.”

Cadiz, who has a high school education, said he was “dragged” into the scheme. Charter schools, unlike traditional school districts, do not require advanced degrees for those running the publicly funded but privately operated campuses.

Cadiz’s plea deal with the state Attorney General’s Office had called for a prison sentence of between 3 and 12½ years with up to 7 years of probation, but Adleman settled on the lower ended and ordered that Cadiz also be placed on 5 years of probation after his release from prison. Cadiz and the two other defendants also must repay $2.5 million.

The judge noted in making his sentencing decision that there were mitigating factors, including that Cadiz was not personally enriched from the scheme other than keeping his job at the charter school.

Two sheriff’s deputies took Cadiz into custody immediately after the roughly 30-minute hearing in downtown Phoenix.

Cadiz is the first Discovery Creemos Academy executive to face prison time. Three former executives admitted to defrauding the state and federal governments by inflating the Goodyear charter school’s enrollment numbers by hundreds of students from 2016 to 2018.

Arizona public schools are funded based on their enrollment, meaning each additional student a school reports to the state brings more tax dollars.

Former Vice Principal Joann Vega is slated to be sentenced Sept. 23. She faces up to 8.75 years in prison.

Daniel Hughes, the former president and CEO of the charter school, is scheduled to be sentenced Nov. 16.

Harris says that Hughes is likely to get a sentence of five years in prison.

I have posted many times about the corruption embedded in the for-profit virtual charter industry. The founder of Pennsylvania’s largest virtual charter school was sentenced to prison for misappropriating $8 million. The single biggest scam in U.S. history involved an online charter chain in California called A3, whose owners managed to make $50 million in state funding disappear. The Electronic Classroom of Tomorrow (ECOT) in Ohio collected $1 billion over its nearly two decades, its owner paid his companies for supplying services, he made generous gifts to elected officials, but ECOT declared bankruptcy in 2018 to avoid repaying the state for phantom students. The stories of corruption, embezzlement, and scamming go on and on.

Therefore I was delighted to find this excellent summary by journalist Florina Rodov, who gathers many of the scandals and research reports in one place to demonstrate the woeful failure of virtual charters. As she points out, the virtual charter industry has beefed up its already massive marketing budget to take advantage of the pandemic and try to gather market share.

One detail that I found fascinating was the link to executive compensation for K12 Inc., the for-profit virtual chain that has the largest enrollment in the nation. The top five executives receive a total of $28 million in compensation. Beats teaching!

She begins:

“Instead of going to school every morning, what if school could come to you?” an ad asks enticingly, promising students “online personalized learning” tailored to their specific needs. It’s one of hundreds of active Facebook ads run by K12 Inc., the largest for-profit virtual charter school provider in the United States. As public schools rose to the challenge of educating students online during the pandemic, corporations like K12 Inc., whose stock price has been climbing since mid-March, were licking their chops at the prospect of moving kids online permanently. Though virtual charter schools perform dismally academically and are plagued by scandal, the goal is for them to replace traditional brick-and-mortar public schools in an effort to privatize education. While this would harm students, it would most egregiously damage Black and Latino children, who’ve already been disproportionately impacted by the coronavirus, due to structural inequities such as lack of access to computers and internet service, as well as inconsistent health care and crowded housing.

The article has many important links and I urge you to read it in full. The virtual charter industry has the full-throated support of Betsy DeVos, who lied about their results at her confirmation hearings in 2017, claiming they had 100% graduation rates, when their graduation rates are abysmal.

Investigative reporter Barton Gellman describes a nightmare scenario that would sow chaos and destroy our democracy.

What if Trump refuses to concede? He has repeatedly said that mail-in ballots are fraudulent. He’s already predicted that, unless he wins, the election will be “rigged.”

Yesterday, he was asked directly if he would accept the results of the election, and he refused to say that he would.

Gellman writes:

In this election year of plague and recession and catastrophized politics, the mechanisms of decision are at meaningful risk of breaking down. Close students of election law and procedure are warning that conditions are ripe for a constitutional crisis that would leave the nation without an authoritative result. We have no fail-safe against that calamity. Thus the blinking red lights.

“We could well see a protracted postelection struggle in the courts and the streets if the results are close,” says Richard L. Hasen, a professor at the UC Irvine School of Law and the author of a recent book called Election Meltdown. “The kind of election meltdown we could see would be much worse than 2000’s Bush v. Gore case.”

A lot of people, including Joe Biden, the Democratic Party nominee, have mis­conceived the nature of the threat. They frame it as a concern, unthinkable for presidents past, that Trump might refuse to vacate the Oval Office if he loses. They generally conclude, as Biden has, that in that event the proper authorities “will escort him from the White House with great dispatch.”

The worst case, however, is not that Trump rejects the election outcome. The worst case is that he uses his power to prevent a decisive outcome against him. If Trump sheds all restraint, and if his Republican allies play the parts he assigns them, he could obstruct the emergence of a legally unambiguous victory for Biden in the Electoral College and then in Congress. He could prevent the formation of consensus about whether there is any outcome at all. He could seize on that un­certainty to hold on to power.

Trump’s state and national legal teams are already laying the groundwork for postelection maneuvers that would circumvent the results of the vote count in battleground states. Ambiguities in the Constitution and logic bombs in the Electoral Count Act make it possible to extend the dispute all the way to Inauguration Day, which would bring the nation to a precipice. The Twentieth Amendment is crystal clear that the president’s term in office “shall end” at noon on January 20, but two men could show up to be sworn in. One of them would arrive with all the tools and power of the presidency already in hand.

“We are not prepared for this at all,” Julian Zelizer, a Prince­ton professor of history and public affairs, told me. “We talk about it, some worry about it, and we imagine what it would be. But few people have actual answers to what happens if the machinery of democracy is used to prevent a legitimate resolution to the election.”

The article goes on to describe in detail how Trump and his allies are already planning to disrupt the election, tie up the count with lawsuits, discredit mail-in ballots, and, if necessary, call out armed mobs to intimidate voters. Gellman believes that Trump will never concede.

I hope the article is not behind a paywall.

It details the worst threat to our democracy in our lifetimes, maybe since the the Civil War, maybe ever.

I just finished reading Michael Cohen’s new tell-all about his years as Donald Trump’s “fixer.” It is called Disloyal: The True Story of the Former Personal Attorney to President Donald J. Trump. Quite a lot of the book consists of Cohen flaying himself for being a lackey who happily did Trump’s bidding, even when he knew that he was being asked to lie, cheat, or cover up for Trump’s misdeeds. He was a lawyer, and he showed no respect for the law. His job for Trump was to twist the law to benefit Trump and to silence those who claimed that Trump had wronged them.

There is a morbid fascination to the book. It confirms everything that Trump’s most rabid critics have said about him. He lies whenever it suits his purposes, and he expects his top executives to lie for him without hesitation. He is unscrupulous, amoral, cynical, and completely self-absorbed. Everyone else in the world is merely an instrument to advance his self-aggrandizement.

He despises the working people who constitute his base. He pretended to be a Christian to win over the evangelical leaders who met with him in Trump Tower and who blessed him with a “laying on of hands” ceremony; as soon as they left his presence, he ridiculed them. He has no religious beliefs whatever. He is obsessed with hating Obama; he even hired someone to impersonate Obama so he could pour out his wrath on the actor. Trump’s ticket to entry into politics was birtherism; he concocted a tale about sending investigators to Hawaii to determine whether Obama was an American citizen. He promised to release the findings. He never did. He claimed that Obama’s success in life was due solely to affirmative action, and hinted that Obama was a mediocre student. Meanwhile, he assigned Cohen the job of making sure that his own academic records from high school, college, and graduate school were never released.

When asked why he didn’t condemn the Saudi government for the murder of journalist Jamaal Khashoggi, Trump would say, “What the f— do I care? He shouldn’t have written what he did. He should have shut the f— up.” So much for freedom of the press.

Cohen spends much of the book explaining his attraction to Trump, whom he knew was a fraud. Trump demanded absolute and complete loyalty, and Cohen gave it to him, like a puppy dog. Cohen admitted that he was drawn to Trump’s outrageousness, his money, his power, his celebrity, his flair, and the excitement of being in a daily circus of chaos and drama. 

Cohen’s fascination with Trump is foreshadowed by his description of his adolescence. He grew up in an affluent suburb on Long Island in New York. His father was a refugee who became a doctor. Young Michael had no interest in school, other than to get by. What he liked best was hanging out at his uncle’s club in Brooklyn, El Caribe, which was a favorite of Mafia figures. They were tough and brazen. They carried guns. He admired their cool, their wealth, their power. He writes about an incident where a wise guy took off his bathing suit in the middle of the club’s swimming pool, which was crowded with women and children. The tough guys told the miscreant to put his suit on; he didn’t. Then one of them pulled a gun and shot him in his butt. Blood streaked the water. When the police arrived, nodody knew anything, no one saw it happen. Cohen relished, as a Trump executive, being armed, with a gun on his belt, another in an ankle holster. He says Trump too was armed.

We learn that Trump regularly ridicules Don Jr. in front of other people. He thinks Don Jr. is a fool and a loser. Don Jr. takes his father’s insults and put-downs with silence; he is used to his scorn. Tiffany, the only child of Marla Maples, is treated by her half-siblings as an outsider. Jared is an arrogant snob. Cohen says that Trump’s first campaign manager in 2016, Corey Lewandowski, was a drunk and was having an affair with Hope Hicks. 

Trump is very boastful about his sexual prowess. He thinks that he can have any woman he wants. Cohen recalls a day when he took his family to swim at Trump’s New Jersey golf club. Trump spotted a young woman on one of his tennis courts and said, “Look at that piece of ass. I would love some of that.” Cohen was mortified. It was his 15-year-old daughter. Cohen was too supine to object. 

If you enjoy hearing tales of how Trump managed to trick others and stiff the little guys, you will find much to enjoy. For Trump, the “art of the deal” consisted of cleverly cheating people of millions of dollars. Contractors and subcontractors who worked on Trump properties were lucky to get 20% of what Trump owed them. Anyone who threatened to sue him was threatened with a countersuit that would bankrupt them. Who wants to be sued by a billionaire with deep pockets?

Michael Cohen is in prison. It is hard to feel sorry for him. He chose his fate. As a young man, he admired gangsters, and he loved being in the company of ruthless thugs. In Trump-world, he found the environment in which he flourished, providing the muscle and threats to compel people to back off when Trump cheated them.

He is less interesting than the mega-star in whose orbit he lived: a liar, a con man, a cheat, a narcissist, a man with no ethics or morality or conscience. Trump attracted moths to his flame, and Cohen got burned.

Tom Ultican, retired teacher of physics and advanced mathematics in California, writes frequently about school “reform,” aka school choice, as a substitute for adequate funding.

In this post, he explains the fraud of school choice and why billionaires and rightwing zealots promote it. To read it in full,as well as his kinks, open the full post.

He begins:

Birthed in the bowels of the 1950’s segregationist south, school choice has never been about improving education. It is about white supremacy, profiting off taxpayers, cutting taxes, selling market based solutions and financing religion. School choice ideology has a long dark history of dealing significant harm to public education.

Market Based Ideology

Milton Friedman first recommended school vouchers in a 1955 essay. In 2006, he was asked by a conservative group of legislators what he envisioned back then. PRWatch reports that he said, “It had nothing whatsoever to do with helping ‘indigent’ children; no, he explained to thunderous applause, vouchers were all about ‘abolishing the public school system.”’ [Emphasis added]

Market based ideologues are convinced that business is the superior model for school management. Starting with the infamous Regan era polemic, “A Nation at Risk,” the claim that “private business management is superior” has been a consistent theory of education reform promoted by corporate leaders like IBM’s Louis Gerstner, Microsoft’s Bill Gates, Wal-Mart’s Walton family, Bloomberg LP’s founder, Michael Bloomberg and SunAmerica’s Eli Broad. It is a central tenet of both neoliberal and libertarian philosophy.

Charles Koch and his late brother David have spent lavishly promoting their libertarian beliefs. Inspired by Friedman’s doyen, Austrian Economist Friedrich Hayek, the brothers agreed that public education must be abolished.

To this and other ends like defeating climate change legislation, the Kochs created the American Legislative Exchange Council (ALEC). This lobbying organization has contributing members from throughout corporate America. ALEC writes model legislation and financially supports state politicians who promote their libertarian principles.

Like the Walton family and Betsy DeVos, Charles Koch promotes private school vouchers.

The founder and headmaster of a charter school in St. Louis admitted to skimming $2.4 million in public funding by inflating enrollment.

This is to be expected when private companies obtain public money without accountability or transparency.

The former head of a failed charter school has pleaded guilty to federal wire fraud charges in a scheme that cost taxpayers $2.4 million.

Michael Malone, who founded St. Louis College Prep, inflated attendance numbers for years as a way to collect more government funding for the struggling school.

“What the former headmaster did through his deception, repeatedly over many years, was take advantage of the Missouri taxpayers, while obtaining an unfair advantage over the St. Louis Public Schools and other area charter schools,” U.S. Attorney for the Eastern District of Missouri Jeff Jensen said in a news release. “This was not a mistake. Evidence proved Michael Malone’s actions were intentional and, unfortunately he got away with it for years.”

Malone, 44, opened the school in 2011 and served as headmaster until November 2018, when he resigned after an internal review and an investigation by Missouri Auditor Nicole Galloway showed he was cooking the books. The school closed in 2019.

As a charter school, St. Louis College Prep was funded through the state Department of Elementary and Secondary Education. The funding is calculated through daily attendance records, and Malone routinely jacked up those numbers to increase funding. At times, those numbers exceeded even the total enrollment by as much as 124 percent…

The fraud meant money that rightfully would have gone to St. Louis Public Schools went to the charter school to educate phantom students, authorities say.

Dabs Milbank is a regular opinion writer for the Washington Post. In this post, he reminds us of the numerous Trump allies who have been arrested or indicted or convicted or pardoned. So much for “Draining the Swamp.” What a joke! Trump’s Swamp is bigger and badder than anyone else’s.

He writes:

As Donald Trump’s chief strategist in 2016, Steve Bannon helped shape Trump’s “America First” campaign. Now, Bannon is inadvertently helping to test Trump’s 2020 reelection message: “Me First.”

On the eve of this week’s Republican National Convention, federal authorities arrested Bannon aboard a Chinese billionaire’s $28 million, 152-foot yacht and charged Bannon and three other men with defrauding donors giving to a private effort to build a wall along the border with Mexico. Bannon and his alleged co-conspirators had promised donors that “not a penny” would go to the organizers and “100 percent” would go to the wall. Instead, they allegedly used donations for such things as home renovations, boat payments, a luxury SUV, a golf cart, jewelry, cosmetic surgery, personal tax payments, credit-card debt, travel, hotels and consumer goods. Bannon allegedly squirreled away $1 million for himself and another organizer, much of it funneled through a nonprofit Bannon created called Citizens of the American Republic, ostensibly devoted to “economic nationalism and American sovereignty.” To top it all off: The small section of the wall the group did build was so poorly done that it is now in danger of falling into the Rio Grande.

Give Bannon credit: The alleged fraud perfectly captures the cynicism and self-dealing among leaders of the American right at this moment. As the president seeks reelection, the moral rot of Trump and his retinue has spread to the core.

At the National Rifle Association, chief executive Wayne LaPierre and other leaders have drained millions of dollars from the organization, the New York attorney general alleged this month, much of it for private jets, security, yachts in the Bahamas and personal payouts.

On Tuesday, Jerry Falwell Jr. said he had resigned as president of Liberty University, which he had used as a forum to vouch for Trump’s moral integrity and religious bona fides. Falwell acknowledged a multiyear affair in which he is accused of watching his wife have sex with a pool boy.

On Monday, the New York state attorney general, Letitia James, reported that the Trump Organization has refused to hand over some documents and that Eric Trump canceled an interview with prosecutors looking into whether the company paid proper taxes when a lender forgave more than $100 million of debt on a Trump hotel in Chicago.

Separately, the Manhattan district attorney, Cyrus Vance Jr., continues to seek Trump’s financial records as part of an investigation into payoffs made in 2016 to women who claimed they had affairs with Trump — and potentially into Trump business dealings.

Last week, a bipartisan report by the Senate Intelligence Committee concluded that Trump’s 2016 campaign chairman, Paul Manafort (now doing prison time over his ill-gotten gains), was a “grave counterintelligence threat” because his receptivity to Russian outreach during the campaign made the Trump campaign vulnerable to “malign Russian influence.”

These developments are on top of former adviser Roger Stone’s prison sentence (which Trump commuted); former Trump adviser Michael Flynn’s guilty plea (which Trump’s Justice Department wants dismissed); the upcoming trial of two associates of Trump lawyer Rudy Giuliani; and former Trump aide Michael Cohen’s three-year prison sentence for what he called “my duty to cover up his dirty deeds.”

But the biggest swindle happens in front of our eyes: a president using his office to promote his business properties around the world, to push for tax policies that benefit his businesses, and to pressure foreign countries to help his campaign.

Former national security adviser John Bolton attributes our current pandemic woes to the president’s pursuit of self-interest: Trump ignored early warnings “because he didn’t want to concede that the pandemic . . . could have a dramatically negative impact on the U.S. economy and therefore his ticket to reelection.”
At the convention this week, we see Trump stripping the GOP of policy (the party declined to approve a platform) and replacing it with a cult of personality. He has stacked the speaking program with members of his family, his friends and himself — nightly. The lead consultant to the convention? A guy who produced “The Apprentice” for Trump and was a judge for Trump’s Miss Universe pageant.

Trump is using federal property — the White House itself — as a political backdrop for his campaign. Secretary of State Mike Pompeo, using Israel as his campaign backdrop, is one of a host of officials violating laws and rules in ways previously unimaginable to play overtly political roles in the convention.
With Trump in charge, is it any wonder those around him are also taking a “Me First” approach? The same day as Bannon’s yacht-deck arrest last week, We Build the Wall posted a picture of Trump on Facebook. Written across the photo: “The Most Honest Man in Washington!”