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Presidential Ballot Access: Ohio Edition
As of today, a state is currently set to only have one of the two major parties candidates for President on the ballot, but it's not the one you might expect.
To be fair, this law has existed since 2010, albeit with a couple past temporary exceptions (probably a compromise number downstream of a 2006 court case over a third-party candidate 120-day deadline; see references to Blackwell and progeny here). and the Ohio legislature (majority Republican) has done nothing less out of explicit desire to screw over democracy and more because the Ohio GOP's House and Senate are fighting each other, and a GOP interest in getting some sort of Red Tribe value out of it (the closest bill, HB114, also bans some foreign contributions to ballot initiatives, for about the reasons you'd expect). DeWine, the (Republican) governor, is pressing pretty hard to find some sort of solution, whether that ends up an emergency legislative fix, hoping the courts can and will step in, or a more dubious executive branch intervention. And it's not like there's any plausible situation where Ohio would be the turning point for the 2024 election.
((There's some theories that Ohio Dems are trying to bolster Sherrod Brown's chances, though I don't think that's very likely or even particularly coherent.))
To be less charitable, nice motive, still excluding a major political party from the ballot. It's not going to be doing any wonders for society, and as we get closer to the election, the available options, whether taken or merely proposed, will only make the mess clearer. The current planned resolution looks to be a 'virtual Democratic National Convention call', officially nominating Biden before the actual Chicago
disasterconvention. Hopefully, that's enough of an excuse for the Ohio legislative special session to also clean things up, but more likely the virtual call gets counted as close enough for Ohio law (less optimistically, it leaves no one able to challenge it). But the whole thing has just been a parade of one group after another absolutely certain that someone else will fix the problem that they're rolling directly into, and 'it wasn't my fault' is an awful epitaph.Fauci et All Foiling FOIA
None of this is particularly surprising, from a cynic's perspective -- government employees fucking with FOIA requirements is a day ending in Y. There's a steelman where certain scientists involved in climate change research were getting spammed with so many duplicative FOIA requests that it edged on harassment, though given neither Morens nor Fauci every worked in environmental stuff that that's leafspring-grade steel.
There's no serious chance of serious punishment, here: Morens was already investigated and found not guilty of anything that the NIH cared about, and if anyone has problems with him lying to Congress, well, there's some fun legal realism questions about whether the law is the statute or the enforcement, but the enforcement still comes from one place.
On the other hand, it does seem enough to have pissed off no small number of partisans aligned to that One Place, if, cynically, more in the sense that Morens et all got caught. HHS is at least moving against EcoHealth Alliance. If you were to ask what one would consider a good sign, well, there's certainly end results that could point to people taking this seriously.
Title VII Religious Freedom in California
Another day, another VanDyke dissent:
We've had discussions here about a more expansive framework for discrimination, but this seems the punchline. Title VII has prohibited religious discrimination in hiring and firing of employees for sixty years, and while the exact borders of the doctrine have ebbed and flowed from one jurisdiction to the next, or as courts have pushed at the very edges, trying to bring them to these style of cases has been an expensive shitshow, where even the lucky winners spend decades for minimal defenses. Even defining this class of cases is a mess: I want to say discrimination against the 'majority' (but anti-woman discrimination is clearly covered!), or 'non-subaltern' (but trite agnosticism is protected, he says as a trite agnostic), rather than just Groups Progressives Want To Discriminate Against, and that's kinda the problem.
However, that punchline's also a bit of a repeat: not just that VanDyke is writing his dissent at an en banc appeal that had no chance of victory, or that the original opinion had to be edited to not be hilariously wrong, but that Kennedy went to and was decided by SCOTUS almost a year before the original appeal decision came from the 9th Circuit. The facts in Hittle are different, sure -- Stockton alleges, not very credibly, that they 'really' fired Hittle for endorsing a consulting business and for not disclosing closeness to a union president -- but the courts were (supposedly) not yet deciding facts, but merely the motion for summary judgement.
Instead of motions for summary judgement focusing on questions of law, various balancing tests and excuses can fall into play where judges don't like the plaintiff's perspective. Instead of protecting Hittle against employers that were outraged by his place in a complaint-named 'Christian coalition', the law in California now holds that there is a "legitimate concern that the City could violate constitutional prohibitions and face liability if it is seen to engage in favoritism with certain employees because they happen to be members of a particular religion." Sure, that anti-endorsement test had been explicitly rejected contemporaneously to and previously by SCOTUS, but SCOTUS "can't catch 'em all", and increasingly doesn't seem interested in trying.
That failure mode isn't and wasn't inevitable: despite my expectations, Fulton hasn't come back to the courts (yet). But it's a problem that haunts any attempt at legislative or executive branch 'fixes'.
((At a more concrete level, Hittle was fired in October 2011, at a time where he was nearing age 50. The unusual length of the court case here reflects Stockton's bankruptcy rather than overt malfeasance specific to him, but it still means he's in his mid-60s today. Even should, SCOTUS hear this case, overturn it, remand with direct instructions, no further interlocutory appeals or weirdness occur, and the trial occur speedily, he might see a court room on the facts before he self-moots by old age, but probably not before he sees his 70th birthday.))
An Appeal to Heaven
Compare February and to May. Diff, context. Also see here, and here.
The Cloud is Someone Else's (Broken) Computer
Unisuper is an Australian superannuation fund, which is close enough to a psuedo-mandatory version of American retirement funds. AshLael might know the more specific differences. It has 600k members, about one in fifty Australians, with over 125 billion AUD (~88 billion USD) funds under management. It also fell off the internet on May 5th, only restoring full functionality May 20th, allegedly as a result of a 'one-in-a-million' bug in Google Cloud services dropping both the main Unisuper database and all Google Cloud backups.
This is a little weird, and not just for having an actual benefit from multicloud. Google Cloud Platform doesn't have the best reputation, but 'keeping multiple copies of long-standing data' is one of those things cloud providers are supposed to excel at, and having first disclosure come through the client rather than the cloud provider is a decision that Google Cloud didn't have to make. There are even arguments, a la Patio11-style, that part of what a client Unisuper's size is buying from a cloud provider is to have a name to fall on a sword. This has lead to no small number of people reading tea leaves to conclude that the fault 'really' reflected an error by Unisuper (or a separate smaller contractor) making a configuration mistake. Unisuper was migrating from VMWare, which has its own mess, and is exactly the sort of situation you would see greater vulnerability to client developer error. That still wouldn't be great for Google, since most cloud providers at that scale claim a lot of safety checks and emergency backups, but I could understand if they just failed to idiot-proof every service.
Nope :
We probably won't get a full breakdown until the Aussie regulatory agency finishes an investigation (if then), so there may always be more to the story, and a lot of fun questions about what, if any, data was out-of-date or lost from the backup. But this is pretty damning for Google, as things stand.
On one hand, this probably is a one-in-a-million bug, and readily closed. On the other hand, as anyone with network engineering or statistics or X-Com background can tell you, one-in-a-million means a lot less than the naive expectation, and Google Cloud Platform has an estimated just under a half-million business customers, and this is an embarrassing bug.
Does that mean that they're got it out of their system for another million customers? Or that this is just the first time it happened and was big enough a deal to make the news?
((Okay, the real answer is I'm being pedantic and reading too much out of a turn of phrase.))
The bigger problem is that Cloud has long been sold as The Professionals Doing It Right. That was always a little more true at the margins than the center. As bad as rando small businesses trying to maintain a Gitlab instance can get (and it can get bad: even by web software standards, it's a masochist's tool), no small number of seemingly-legit smaller cloud providers have gone belly up, wildly revised their offerings, or just plain disappeared. It's quite possible that Unisuper moved to Google Cloud in part because the Broadcom buyout of VMWare (only finalized in December 2023, but after 18 months of regulatory review) raised concerns that they'd start lopping down product offerings.
(But to move to Google?)
It's increasingly tenuous, here, though. Unisuper are not fresh college grads confused by the difference between a RAID and a backup, but a massive company that maintains many sites as a matter of course. Google is one of the Big Three when it comes to cloud provisioning. One can imagine counterfactuals where a self-run or classically-hosted Unisuper herped the derp, but the factual here makes them look like the competent ones. And that's not alone.
Which would be one thing if Unisuper were the only people pressed into cloud services.
How's everyone feel about OneDrive integration in Windows, or Google and Apple cloud in their phones?
I remember reading about how the federal agencies involved in the Waco massacre claimed both in court and to numerous FOIA requests that they had little to no video or audio recordings of the raid or the siege, and maintained this story for years. Finally it was revealed through litigation that pretty much all the agents involved in documenting the operations had claimed to be using "personal" devices for their official documentation, with the understanding that anything useful to the agencies would be entered into the record when it was convinient to do so, and the rest withheld from public scrutiny indefinitely. This was in 1993, more than three decades ago.
Within the last few weeks, we've seen ATF agents involved in an unjustifiable no-knock raid resulting in the fatal shooting of a law-abiding citizen claim to have left their body-cameras behind. In the shooting of Bundy supporter Roy Finecum (Wikipedia, lol), FBI agents attempted to conceal having fired shots at Finecum while his empty hands were raised over his head. The record overflows with similar examples.
We discuss with some frequency the question of whether government conspiracies are possible. What we see here, as we have seen many, many times before, is that deliberate efforts to evade lawful oversight are both routine and universal. Nor is there any reason to believe that all or even most such efforts are caught; given the absurd scenarios that result in discovery, here being one email mistakenly breaking cover, or in Hillary's case an unrelated sex-crimes investigation snagging a laptop with emails on it, we are very clearly only seeing a small and randomly-selected portion of the cases. This was, in fact, a government conspiracy, directly related to one of the worst disasters of the last hundred years, which very well might have been directly caused by the conspirators themselves.
No one cares. Nothing will be done. Everyone knows it.
[EDIT] - Why not demand the emails from Google? The government spies on my emails just fine, why can't they get those of Fauci and friends?
There were also a number of 'official' recordings that just disappeared, too, along with other disappearing physical evidence like the famous front door. With the noteworthy exception of Kahoe after Ruby Ridge, it's less that bringing any enforcement against FBI or DoJ destruction of evidence was tried and found hard, and more than trying them was found undesirable and left untried.
In theory, that's the next step: the House had already asked Morens twice about his personal e-mails, producing 2k with a 'voluntary' letter in November 2023, and then getting this dump of 30k pages after a subpoena mid-April 2024, and they had credible reason to believe he was sandbagging them.
But the House investigations are not criminal investigations, nor are they the FBI or DoJ. The theoretically-broad subpoena powers are limited on the enforcement side, and there's little if any executive branch support here. With a few notable exceptions all on one side of the political aisle, the threat of a contempt of congress charge is toothless unless the issuing subpoena bends over backwards about following all rules, and unlikely even then.
And one of those rules are 18 USC 2702, which generally prohibits ISPs from disclosing stored data. There are a few exceptions -- LEO have wide cutouts in 18 USC 2517, 18 USC 2511(2)(a)ii lets FISA and the attorney general do whatever they want -- and some that apply outside of a warrant, but nothing relevant here. This is also why, even though using a personal e-mail for government business makes the entire personal e-mail subject to FOIA review in civil courts (though see caveat about "under agency control", since Fauci retired), it's almost always necessary to motion for a party to the case to disclose them, rather than the ISP or e-mail service.
So, uh, mostly because they don't want to be able to.
If the House really had stones, they would threaten to zero out the budgets of offices evading their investigations. And follow through as necessary.
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