Category Archives: Breaking News

Australia Ablaze: Aussies Endure Hottest Day in History, Deadly Wildfires amid Political Inaction

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Record Breaking December Summer Down Under…

2019 will undoubtedly go down as one of the hottest years on record. However, in the final weeks of the decade, the planet has surpassed yet another sweltering milestone, this time happening Down Under as Australia witnesses its hottest day ever. On Tuesday, December 17th, the Oceanic country experienced average temperatures of 40.9C (105.6F). This is .6 degrees higher than the previous national record of 40.3C, which took place on January 7th, 2013.

Being in the southern hemisphere, Australia experiences summer between December and February. Therefore, it is not a complete anomaly to see such frighteningly high temperatures this time of year. Nevertheless, these figures are unprecedented and potentially dangerous, and their causes, effects and meaning transcend the immediate sphere.

The foremost culprit for Australia’s recent heat waves is the Indian Ocean Dipole, an effect where the surface seawater is warmer in the western half of the ocean than it is in the east. Because Australia lies on the eastern edge of the Indian Ocean, it is engulfed in cold water. The air, however, compensates for this cold surface water with less precipitation, leading to droughts and intense heat. Meanwhile, land along the western Indian Ocean is experiencing a surplus of rainfall and treacherous floods linked to thermal expansion.

To call the Indian Ocean Dipole a natural occurrence is misleading. It is largely an effect of manmade climate change taking its tolls on the sea and atmosphere. When carbon dioxide enters the atmosphere, it traps the heat, creating dangerous conditions on land and jeopardizing ecosystems on all levels.

A Large Fossil Fuel Producer and Carbon Burning System

Australia is, although it seems rarely mentioned, one of the most fossil fuel dependent countries on the globe. With over twenty-four million people in just under 3 million square miles, the nation emits more carbon pollution per capita than most. It is also the world’s largest exporter of coal, and the third largest exporter of all fossil fuels worldwide, trailing behind Russia and Saudi Arabia.

Consequentially, Australia is feeling the effects of climate change firsthand. As a result of its scorching temperatures, seemingly the entire country has found itself ablaze in bushfires. Around the time of the hottest day on record, Australia endured over one hundred wildfires nationwide—an inextricable result of the heat waves and dry climate.

Bafflingly, the Australian government has been basically silent on these issues. Prime Minister Scott Morrison refuses to answer questions about climate change, and has hardly even addressed the heat waves’ relation to global warming. In the wake of the fires, he even fled the country to Hawaii, causing Australians to attack him on social media for his absence.

Likewise, Deputy Prime Minister Michael McCormack, the Australian government’s second in command, is a climate denier. A member of the country’s conservative National Party, he openly calls the climate crisis a leftist hoax, and claims that its links to the current fires are ungrounded.

Sadly so often the Case, Politics Continue to Lag Behind Science

Such lackluster political representation made Australia far from a progressive member at the recent UN Climate Conference in Madrid. This is ironic given the fact that the country is experiencing such extreme conditions. The nation has reportedly warmed more than 1 degrees Celsius in the last hundred years, making the droughts, fires, and heat more frequent. Based on the shortage of governmental response, we can assume that the Australian federal buildings are well air-conditioned.

Nevertheless, many Australian citizens have expressed outrage that their leaders are failing to take action against these environmental disasters. Heat waves are Australia’s deadliest natural phenomena. They have killed more people than the brush fires by a wide margin. When more people are dying from the heat in places that were temperate just decades ago, it is clear that the causes need to be addressed. If the government can’t or won’t respond, perhaps the people will start to act, and as in many countries currently, rebel against the prospect of going extinct, slowly and inexorably, fire by fire and drought by drought.


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Andrew Yang’s response to the 1st Debate Question Raises Serious Questions on the Nature of Reality in 2020

No Democrat should ever Legitimize Fake News by Calling it Anything but what it is: Propaganda

The responses by the various candidates to the first question of the debates in Los Angeles yesterday were all over the map.

“Why, if impeachment is so necessary, are more Americans not on board with it” Judy Woodruff of PBS NewsHour asked, referring to the polls that show a nearly 50-50 split on the issue.

Of all the candidates, Andrew Yang came closest to the real answer when he replied:

“We’re getting our news from different sources,” – Andrew Yang

While at least there is, in his response, an almost subtle hint at the iceberg of issues beneath it, the mountain beneath the surface is one that ought to be addressed, not just danced around.

In a nutshell the question would be better phrased: “with all the lies and high crimes of this president how could so many people not support impeachment and removal?”

Then unfortunate response would almost certainly bring up the issue that dare not speak it’s name: Fake News.

And by fearing to even mention this massive problem in our society, and allowing Trump to parade around calling real news “fake” for two years without an effective, specific retort, the media, and now the candidates, are potentially creating a dictator, impeached or not.

Because this question goes further: “How can millions of otherwise reasonable people support this parade of lies and deceit”?

The answer to all of this is, unfortauntely, the massive and electronically turbocharged propaganda machine that is creating a parallel fake, dangerous and destructive reality which is literally brainwashing people into thinking that it, and not the real fact based information reported in the “traditional” media, is “real”.

Naturally, anyone who has been paying attention already knows this. But knowing that there is literally a separate propaganda reality, starting with Fox News and going all the way down to the troll bots and fake accounts on twitter and facebook, and being able to do anything about it, let alone stop its growth and becoming established, are two different things.

Turnabout is FairPlay? Or Confront every Lie until the Truth Wins Out?

The victory for the Trump propaganda machine came when he started repeating the phrase “fake news” over and over and over while referring to the real news, singling out CNN and the New York Times in particular.

The response, en masse, from the so called “mainstream” media? Not much. Admittedly, getting into a playground style match with the President of “You are, no you are, I know you are but what am I?” is not what the NYT is known for.

But the response should have been, to use a favorite term often applied to Trump, to double-down and expose the depth and breadth of the “lies propagated as truth” problem. Perhaps that would confuse people, with an endless war of each media “army” calling the other “fake”.

But the alternative, that we are now saddled with, is to give legitimacy to an endless tsunami of lies and falsehoods and to confer on them an almost institutional status:

We’re getting our news from different sources

Oh really? As in, one source is real and the other one is filled with insane, ridiculous propaganda, like the now famous Putin initiated propaganda that, instead of the fact that Russia interfered with the 2016 election is was Ukraine? That kind of “different source”? That “news”?

Allowing even one lie to see the light of day without being attacked by anyone with a mouthpiece; a real media outlet, a twitter account of a citizen, presidential candidates and so on, promotes the idea that the “two realities” are separate and equal, not a matter of truth and lies.

Proapaganda lies are dangerous, insidious and very hard to fight against. That is no excuse, that is the fight that matters and could make a difference. Every candidate on that stage should have answered that 50% of the people, if that poll is to be believed, are being lied to and the lies are winning. And that the situation is a larger danger, potentially, than the man inhabiting the White House.


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Framers not on Trump’s Side as History Shows Founding Fathers Created Impeachment to Prevent Election Obstruction

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Throughout American history, only four presidents have ever faced formal impeachment inquiries. They are Andrew Johnson, Richard Nixon, Bill Clinton, and Donald Trump. Of those four, only two of them have ended up being actually tried: Johnson for unlawfully firing his Secretary of War in 1867, and Clinton for lying under oath and obstructing justice in 1998. Nixon resigned from office in 1974 before his impeachment for the Watergate Scandal got to a vote, as it was widely believed that he would have been Impeached by the House and Removed by the Senate.

And now there is Trump, the latest addition to the lineup, presently facing inquiries to find out if he will join the impeached ranks of Johnson and Clinton. Many Americans have accused Trump of committing impeachable offenses since before he was even elected in 2016. Now, however, he is finally under the gun, as the U.S. House Judiciary Committee is currently holding hearings in Washington D.C. to conclude if his actions are impeachable. 

Beginning on December 9th, House Speaker Nancy Pelosi announced on Thursday, the House Judiciary Committee, chaired by Rep. Jerrold Nadler, will begin the process of drafting the specific articles of impeachment.

Once the number and scope of the articles have been established , the president will be tried in the Senate for charges related to illegally soliciting foreign aid in the upcoming 2020 election and for abusing the office for political gain. Earlier this year, President Trump had a phone call with Ukrainian President Volodymyr Zelensky. During this conversation, Trump asked Zelensky to investigate into former Vice President Joe Biden and his potentially nepotistic connections to a Ukrainian energy company, where his son started working during the Obama administration. The publically released transcript of the dialogue confirms this.

Because Biden is currently a Democratic Candidate for the 2020 Presidential race, Trump’s actions can be deemed an obstruction of the election through bribery. In addition to the request, Trump supposedly dangled two bargaining chips over Zelensky’s head—one being $400 million in military aid to Ukraine and the other being a coveted meeting at the White House.

On the surface, Trump’s search for dirt on Biden may not seem as severe as Johnson’s misdemeanors or Nixon’s Watergate chaos. Many Republicans at the hearing are dismissing the accusations, and while not disputing the facts, have chosen to loudly denigrate the process itself, run by the Democrats. Meanwhile, the White House itself has declined to participate in the hearing at all, calling it “Hoax”. In an effort to clarify the roots and foundation for the process back to the US Constitution, using the Founding Fathers’ original guidelines for impeachment, which was mapped out in Article One of the U.S. Constitution.

Yale University Law Student Soren J. Schmidt recently reported in “The Atlantic” that Impeachment’s place in the Constitution directly stems from the Framers wanting to ensure that the President could not bribe his way into another term.

Bribery has a long and Sordid History in US Politics

Schmidt writes in great length about how “treating” (as bribing voters with “treats” was called over 200 years ago) constituents with gifts and services around election time created immense corruption in U.S. politics following the Revolutionary War.

“Shall the man who has practiced corruption & by that means procured his appointment in the first instance, be suffered to escape punishment, by repeating his guilt?”

George Mason in a debate Also attended by James Madison, July 20th, 1787

James Madison, in particular, lost the 1777 election for the Virginia House of Delegates because his opponent heavily “treated” (bribed) the voters. He took this experience to the Constitutional Convention ten years later where the fellow Founding Fathers agreed Presidents needed some sense of accountability and that obstructing elections would be an egregious misuse of power.

This is pertinent to Trump’s situation today, as his alleged wrongdoings are the epitome of why the Impeachment Clause even exists. Obviously, a few details are different, but the core issue remains the same – Presidents elected based on bribery and other illegal interference (such as the Russian interference in 2016) must be prevented from being re-elected by committing similar crimes.  

The key point, often lost in the media, but glaringly obvious when the history and facts are taken into account, is that Trump was elected in 2016 under circumstances that point to significant interference by Russia, that was welcomed by Trump, as detailed in the Mueller Report.

And, far from leaving that methodology behind, facts within the House Impeachment report indicate that similar and even more egregious offenses are present in efforts to effect the upcoming 2020 election.

This situation is precisely why the Framers of the Constitution created the Impeachment Process; in order to prevent a President from maintaing power through bribery and other election related crimes, preventing the option of “correcting” a flawed election with the next one, since the scoundrel that would illegally influence their initial rise to power, would likely do it again in a desperate attempt to retain that power.

This is why, as has been stated by the Democrats in the House many times, there is a Constitutional requirement to Impeach Trump, since the evidence and the facts indicate that, short of being stopped by the constitutional remedy of Impeachment (and Removal), he will continue to attempt to commit bribery and other crimes, as necessary, to try and secure his re-election in 2020.

And, if that were to occur, our Constitution, and therefore our Democracy will have failed, and the much cherished checks and balances will also have failed, and there will be nothing left to stop a tyrant, even the would-be tyrant, from declaring an end to Democracy itself by appointing himself “President for Life”, as was the case in China recently.

As history will have it, the Founding Fathers would not take Trump’s side if they were alive today. To interpret otherwise is incredulous given the evidence.


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UN Climate Conference Kicks Off in Madrid: U.S. House Speaker Nancy Pelosi says America is Still on Board

Taking stock after a 4 year Pause

On December 2nd the 2019 UN Climate Conference began in Madrid, Spain. Called COP25, this Madrid Conference is the first worldwide meeting focusing on the climate crisis since 2015’s COP21—also known as the Paris Climate Agreement. The Chilean Government is heading the Conference with Minister of Environment of Chile Carolina Schmidt acting as Conference President. As locational hosts, the Spanish government is also helping the Conference with logistical matters.

Shortly before the Conference began, the World Meteorologist Organization released a report showing that the amount of carbon dioxide in the Earth’s atmosphere is at an all time high. Around the same time, UN Secretary General Antonio Guterres set the tone of the meeting by claiming that the “point of no return is no longer over the horizon.” This is but a glimpse of what is at stake at COP25.

Over the next two weeks, the Conference expects to receive over 29,000 guests, among them are fifty heads of states and representatives from over two-hundred nations. As for the United States, President Donald Trump and key members of his administration have been absent from the event so far. However, House Speaker Nancy Pelosi entered the meeting with a strong message of reassurance. Beside a team of fifteen U.S. Democratic lawmakers, Pelosi promised the UN that America is still on board with the fight against climate change, even through President Trump recently withdrew the nation from the Paris Climate Accord.

When COP21 took place four years ago, President Obama was still in office, and he agreed to cooperate with the conditions set about at the Conference. These conditions included keeping global temperatures levels within no more than 2 degrees Celsius above pre-industrial levels, limiting greenhouse gas emissions to what is naturally sustainable, and wealthier countries supporting developing nations in their switch to renewable energy

Trump’s Oil Driven Agenda Rejected by Pelosi and her Constituents

After Trump entered office in 2016, though, his conservative administration immediately campaigned to pull America out of these terms. Prioritizing the U.S. economy and wanting to support domestic fossil fuel producers, Trump officially removed America from the plan in November.

Pelosi’s opening message on behalf of the American government is therefore a bold one, going against the intentions and outlook of the country’s sitting president. Nevertheless, it is one that both Americans and people across the world can take comfort in. After China, the United States produces more carbon dioxide than any other country. Thus, our participation in the battle against climate change is crucial if worldwide change is ever to be achieved.

Also within the first day at the conference, leaders from the European Union spoke up, expressing the bloc’s concern for the environment and its eagerness to prioritize the issue going forward. Overall, the rhetoric is strong on day one.. all the same, this is only the beginning, the tasks are daunting and there is lots of work left to do.

Even if we as a planet do come to a diplomatic agreement on how to lower our carbon footprint, there is no guarantee that every nation will live up to expectations. Although the outlook for international cooperation seemed promising immediately following the Paris Conference, five years later, progress has been halting and breakthroughs hard to some by. 2019 is still expected to be one of the hottest years on record, and the 2010s will undoubtedly be the warmest decade of all time.

The Conference will continue through Friday, December 13th. By that time, the world will hopefully have made some progress toward an intergovernmental plan for how to attack this global challenge. Far more will, in any event be needed, as a plan, however well intentioned, is only as good as the action it evokes.


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Impeachment gets Real, 300 pages from the Intel Committee: read last paragraph, the preface or just read it all

Rudy Giuliani , Devin Nunes, Pompeo and the Whole Gang Implicated by phone records

The report was anything but a non-event – publicly available: see links below and read for yourself. As per Rachel Maddow, you can read the Preface or the Executive summary or just the sub-headings thereof. Below you can find it all:

https://assets.documentcloud.org/documents/6566093/House-impeachment-report-PDF.pdf

[Subheadings taken from:]

SECTION I—THE PRESIDENT’S MISCONDUCT

The President Conditioned a White House Meeting and Military Aid to Ukraine on a Public Announcement of Investigations Beneficial to his Reelection Campaign

The President’s Request for a Political Favor

The President Removed Anti-Corruption Champion Ambassador Yovanovitch

The President’s Hand-Picked Agents Began the Scheme

The President Conditioned a White House Meeting on Investigations

The President’s Agents Pursued a “Drug Deal”

The President Pressed President Zelensky to Do a Political Favor

The President’s Representatives Ratcheted up Pressure on the Ukrainian President

Ukrainians Inquired about the President’s Hold on Security Assistance

The President’s Security Assistance Hold Became Public

The President’s Scheme Unraveled

The President’s Chief of Staff Confirmed Aid was Conditioned on Investigations

PREFACE [In Full]

This report reflects the evidence gathered thus far by the House Permanent Select Committee on Intelligence, in coordination with the Committee on Oversight and Reform and the Committee on Foreign Affairs, as part of the House of Representatives’ impeachment inquiry into Donald J. Trump, the 45th President of the United States.

The report is the culmination of an investigation that began in September 2019 and intensified over the past three months as new revelations and evidence of the President’s misconduct towards Ukraine emerged. The Committees pursued the truth vigorously, but fairly, ensuring the full participation of both parties throughout the probe.

Sustained by the tireless work of more than three dozen dedicated staff across the three Committees, we issued dozens of subpoenas for documents and testimony and took more than 100 hours of deposition testimony from 17 witnesses. To provide the American people the opportunity to learn and evaluate the facts themselves, the Intelligence Committee held seven public hearings with 12 witnesses—including three requested by the Republican Minority—that totaled more than 30 hours.

At the outset, I want to recognize my late friend and colleague Elijah E. Cummings, whose grace and commitment to justice served as our North Star throughout this investigation. I would also like to thank my colleagues Eliot L. Engel and Carolyn B. Maloney, chairs respectively of the Foreign Affairs and Oversight and Reform Committees, as well as the Members of those Committees, many of whom provided invaluable contributions. Members of the Intelligence Committee, as well, worked selflessly and collaboratively throughout this investigation. Finally, I am grateful to Speaker Nancy Pelosi for the trust she placed in our Committees to conduct this work and for her wise counsel throughout.

I also want to thank the dedicated professional staff of the Intelligence Committee, who worked ceaselessly and with remarkable poise and ability. My deepest gratitude goes to Daniel Goldman, Rheanne Wirkkala, Maher Bitar, Timothy Bergreen, Patrick Boland, Daniel Noble, Nicolas Mitchell, Sean Misko, Patrick Fallon, Diana Pilipenko, William Evans, Ariana Rowberry, Wells Bennett, and William Wu. Additional Intelligence Committee staff members also assured that the important oversight work of the Committee continued, even as we were required to take on the additional responsibility of conducting a key part of the House impeachment inquiry. Finally, I would like to thank the devoted and outstanding staff of the Committee on Oversight and Reform, including but not limited to Dave Rapallo, Susanne Sachsman Grooms, Peter Kenny, Krista Boyd, and Janet Kim, as well as Laura Carey from the Committee on Foreign Affairs.

** *

In his farewell address, President George Washington warned of a moment when “cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.”

The Framers of the Constitution well understood that an individual could one day occupy the Office of the President who would place his personal or political interests above those of the nation. Having just won hard-fought independence from a King with unbridled authority, they were attuned to the dangers of an executive who lacked fealty to the law and the Constitution.

In response, the Framers adopted a tool used by the British Parliament for several hundred years to constrain the Crown—the power of impeachment. Unlike in Britain, where impeachment was typically reserved for inferior officers but not the King himself, impeachment in our untested democracy was specifically intended to serve as the ultimate form of accountability for a duly-elected President. Rather than a mechanism to overturn an election, impeachment was explicitly contemplated as a remedy of last resort for a president who fails to faithfully execute his oath of office “to preserve, protect and defend the Constitution of the United States.”

Accordingly, the Constitution confers the power to impeach the president on Congress, stating that the president shall be removed from office upon conviction for “Treason, Bribery, or other high Crimes and Misdemeanors.” While the Constitutional standard for removal from office is justly a high one, it is nonetheless an essential check and balance on the authority of the occupant of the Office of the President, particularly when that occupant represents a continuing threat to our fundamental democratic norms, values, and laws.

Alexander Hamilton explained that impeachment was not designed to cover only criminal violations, but also crimes against the American people. “The subjects of its jurisdiction,” Hamilton wrote, “are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to the society itself.”

Similarly, future Associate Justice of the United States Supreme Court James Wilson, a delegate from Pennsylvania at the Constitutional Convention, distinguished impeachable offenses from those that reside “within the sphere of ordinary jurisprudence.” As he noted, “impeachments are confined to political characters, to political crimes and misdemeanors, and to political punishments.”

** *

As this report details, the impeachment inquiry has found that President Trump, personally and acting through agents within and outside of the U.S. government, solicited the interference of a foreign government, Ukraine, to benefit his reelection. In furtherance of this scheme, President Trump conditioned official acts on a public announcement by the new Ukrainian President, Volodymyr Zelensky, of politically-motivated investigations, including one into President Trump’s domestic political opponent. In pressuring President Zelensky to carry out his demand, President Trump withheld a White House meeting desperately sought by the Ukrainian President, and critical U.S. military assistance to fight Russian aggression in eastern Ukraine.

The President engaged in this course of conduct for the benefit of his own presidential reelection, to harm the election prospects of a political rival, and to influence our nation’s upcoming presidential election to his advantage. In doing so, the President placed his own personal and political interests above the national interests of the United States, sought to undermine the integrity of the U.S. presidential election process, and endangered U.S. national security.

At the center of this investigation is the memorandum prepared following President Trump’s July 25, 2019, phone call with Ukraine’s President, which the White House declassified and released under significant public pressure. The call record alone is stark evidence of misconduct; a demonstration of the President’s prioritization of his personal political benefit over the national interest. In response to President Zelensky’s appreciation for vital U.S. military assistance, which President Trump froze without explanation, President Trump asked for “a favor though”: two specific investigations designed to assist his reelection efforts.

Our investigation determined that this telephone call was neither the start nor the end of President Trump’s efforts to bend U.S. foreign policy for his personal gain. Rather, it was a dramatic crescendo within a months-long campaign driven by President Trump in which senior U.S. officials, including the Vice President, the Secretary of State, the Acting Chief of Staff, the Secretary of Energy, and others were either knowledgeable of or active participants in an effort to extract from a foreign nation the personal political benefits sought by the President.

The investigation revealed the nature and extent of the President’s misconduct, notwithstanding an unprecedented campaign of obstruction by the President and his Administration to prevent the Committees from obtaining documentary evidence and testimony. A dozen witnesses followed President Trump’s orders, defying voluntary requests and lawful subpoenas, and refusing to testify. The White House, Department of State, Department of Defense, Office of Management and Budget, and Department of Energy refused to produce a single document in response to our subpoenas.

Ultimately, this sweeping effort to stonewall the House of Representatives’ “sole Power of Impeachment” under the Constitution failed because witnesses courageously came forward and testified in response to lawful process. The report that follows was only possible because of their sense of duty and devotion to their country and its Constitution.

Nevertheless, there remain unanswered questions, and our investigation must continue, even as we transmit our report to the Judiciary Committee. Given the proximate threat of further presidential attempts to solicit foreign interference in our next election, we cannot wait to make a referral until our efforts to obtain additional testimony and documents wind their way through the courts. The evidence of the President’s misconduct is overwhelming, and so too is the evidence of his obstruction of Congress. Indeed, it would be hard to imagine a stronger or more complete case of obstruction than that demonstrated by the President since the inquiry began.

The damage the President has done to our relationship with a key strategic partner will be remedied over time, and Ukraine continues to enjoy strong bipartisan support in Congress. But the damage to our system of checks and balances, and to the balance of power within our three

branches of government, will be long-lasting and potentially irrevocable if the President’s ability to stonewall Congress goes unchecked. Any future President will feel empowered to resist an investigation into their own wrongdoing, malfeasance, or corruption, and the result will be a nation at far greater risk of all three.

** *

The decision to move forward with an impeachment inquiry is not one we took lightly. Under the best of circumstances, impeachment is a wrenching process for the nation. I resisted calls to undertake an impeachment investigation for many months on that basis, notwithstanding the existence of presidential misconduct that I believed to be deeply unethical and damaging to our democracy. The alarming events and actions detailed in this report, however, left us with no choice but to proceed.

In making the decision to move forward, we were struck by the fact that the President’s misconduct was not an isolated occurrence, nor was it the product of a naïve president. Instead, the efforts to involve Ukraine in our 2020 presidential election were undertaken by a President who himself was elected in 2016 with the benefit of an unprecedented and sweeping campaign of election interference undertaken by Russia in his favor, and which the President welcomed and utilized.

Having witnessed the degree to which interference by a foreign power in 2016 harmed our democracy, President Trump cannot credibly claim ignorance to its pernicious effects. Even more pointedly, the President’s July call with Ukrainian President Zelensky, in which he solicited an investigation to damage his most feared 2020 opponent, came the day after Special Counsel Robert Mueller testified to Congress about Russia’s efforts to damage his 2016 opponent and his urgent warning of the dangers of further foreign interference in the next election. With this backdrop, the solicitation of new foreign intervention was the act of a president unbound, not one chastened by experience. It was the act of a president who viewed himself as unaccountable and determined to use his vast official powers to secure his reelection.

This repeated and pervasive threat to our democratic electoral process added urgency to our work. On October 3, 2019, even as our Committee was engaged in this inquiry, President Trump publicly declared anew that other countries should open investigations into his chief political rival, saying, “China should start an investigation into the Bidens,” and that “President Zelensky, if it were me, I would recommend that they start an investigation into the Bidens.” When a reporter asked the President what he hoped Ukraine’s President would do following the July 25 call, President Trump, seeking to dispel any doubt as to his continuing intention, responded: “Well, I would think that, if they were honest about it, they’d start a major investigation into the Bidens. It’s a very simple answer.”

By doubling down on his misconduct and declaring that his July 25 call with President Zelensky was “perfect,” President Trump has shown a continued willingness to use the power of his office to seek foreign intervention in our next election. His Acting Chief of Staff, Mick Mulvaney, in the course of admitting that the President had linked security assistance to Ukraine to the announcement of one of his desired investigations, told the American people to “get over

it.” In these statements and actions, the President became the author of his own impeachment inquiry. The question presented by the set of facts enumerated in this report may be as simple as that posed by the President and his chief of staff’s brazenness: is the remedy of impeachment warranted for a president who would use the power of his office to coerce foreign interference in a U.S. election, or is that now a mere perk of the office that Americans must simply “get over”?

** *

Those watching the impeachment hearings might have been struck by how little discrepancy there was between the witnesses called by the Majority and Minority. Indeed, most of the facts presented in the pages that follow are uncontested. The broad outlines as well as many of the details of the President’s scheme have been presented by the witnesses with remarkable consistency. There will always be some variation in the testimony of multiple people witnessing the same events, but few of the differences here go to the heart of the matter. And so, it may have been all the more surprising to the public to see very disparate reactions to the testimony by the Members of Congress from each party.

If there was one ill the Founding Founders feared as much as that of an unfit president, it may have been that of excessive factionalism. Although the Framers viewed parties as necessary, they also endeavored to structure the new government in such a way as to minimize the “violence of faction.” As George Washington warned in his farewell address, “the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it.”

Today, we may be witnessing a collision between the power of a remedy meant to curb presidential misconduct and the power of faction determined to defend against the use of that remedy on a president of the same party. But perhaps even more corrosive to our democratic system of governance, the President and his allies are making a comprehensive attack on the very idea of fact and truth. How can a democracy survive without acceptance of a common set of experiences?

America remains the beacon of democracy and opportunity for freedom-loving people around the world. From their homes and their jail cells, from their public squares and their refugee camps, from their waking hours until their last breath, individuals fighting human rights abuses, journalists uncovering and exposing corruption, persecuted minorities struggling to survive and preserve their faith, and countless others around the globe just hoping for a better life look to America. What we do will determine what they see, and whether America remains a nation committed to the rule of law.

As Benjamin Franklin departed the Constitutional Convention, he was asked, “what have we got? A Republic or a Monarchy?” He responded simply: “A Republic, if you can keep it.”

Adam B. Schiff
Chairman, House Permanent Select Committee on Intelligence


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Magnitude 3.9 Earthquake at Ridgecrest in California, near epicenter of the 7.1 in July

80,000 Small Quakes have moved the fault line 0.8 inches since July 5th Quake…

On Wednesday, November 13th at 11:26 a.m., an earthquake with a magnitude of 3.9 and a depth of 5.7 miles was reported 12 miles away from Ridgecrest, California. Interestingly, this earthquake is located at the same epicenter as the record-breaking 6.1 magnitude and 7.1 magnitude earthquakes that occurred on July 4th and 5th, respectively.

A closer look at the big July earthquake that occurred on Independence Day reveals that it appears to have activated the Garlock fault. The fault line is 185 miles long and runs from a junction with the San Andreas fault at Antelope Valley and has largely been inactive for the past 500-years. However since the July quakes, Ridgecrest has felt more than 80,000 earthquakes, most of them too low on the richter scale to warrant news coverage, resulting from the Garlock fault’s movement.

“The fact that the Ridgecrest rupture terminated right next to the Garlock is what cased this behavior.”

Zachary Ross, Assistant Professor of Geophysics at Caltech

However, generally, such movement should not cause immediate alarm as it’s quite common for faults to shift after a big earthquake. A “trigger slip” is where an earthquake is triggered by a previous quake – in this case, according to seismologists, today’s quake may have been a “passive response” to the Magnitude 7.1 earthquake, 11 miles from Ridgecrest, CA at 8:19 PM.

“The fact that we have a trigger slip after a 7 [magnitude earthquake] is really common. It’s like a passive response to the energy being released by the big earthquake”

Lucy Jones, Seismologist
https://lynxotic.com/wp-content/uploads/2019/07/MASTER_PREP_FINAL.mov
Short video showing tips on how to prepare for an earthquake

The best policy is not to be Alarmed but to stay Prepared

In early October, Time magazine published a report citing scientific study, by researchers from  the California Institute of Technology and NASA’s Jet Propulsion Laboratory,  where it was indicated that the movement along the Garlock fault could indicate a possible increase in seismic activity, and that the fault was capable of producing an 8.0 magnitude earthquake at some point, although there is no way to predict when.

Earthquakes with a 3.0 magnitude or more were reported to have had an epicenter near the Ridgecrest fault in the last ten days. With a recent three-year data sample as a reference, 234 earthquakes on average happen every year in California and Nevada with 3.0 to 4.0 magnitudes. It is important to bear in mind that each whole number on the Richter scale is exponentially stronger than the previous whole number (an 8.0 is 33 times stronger than a 7.0 but a 9.0 is, yikes, 1,089 times stronger – arrived at by multiplying 33×33).

Although this earthquake, at 3.9 was at a magnitude that is common and not powerful enough to do damage, the fact is that Southern California is home to highly vulnerable fault lines and a quake measuring 8.0 or higher is going to happen at some point, it is only a question of when. Therefore it is highly advisable to prepare for any earthquake-induced emergencies that may happen now, and your chance of avoiding any negative effects will be far higher in the event that “the big one” happens anytime soon.


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Apple releases new 16-inch MacBook Pro, 80% Faster and, Finally, a new Keyboard

https://www.apple.com//105/media/us/macbook-pro-16/2019/fa0563a0-8534-4e01-a62a-081b87805fea/films/product/macbookpro-16-product-tpl-cc-us-2019_1280x720h.mp4

2nd Bombshell ? Mac Pro and Pro Display XDR also Released Today

World’s best Professional Notebook? Probably not even close

Right up front let’s state the obvious: sometimes bigger is better. This might be one of those times. 16 inches for a screen can help enormously to allow pro users to untether themselves from those huge multi-screen arrays with massive desktop functionality when traveling or just when that locked in feeling creeps up and creativity needs new scenery.

This idea is not to replace your upcoming new massive Mac Pro / Pro Display XDR combo (interestingly slated as of today for December availability) but to give you at least the feeling that you do not need to curtail the most power hungry activities while away from your main rig. And, if the specs herein are any indication, it will clearly enable you to do just that in all but the most demand situations. And with a max internal storage capacity of 8TB (yes, you are reading that right), for many, it could indeed replace an entire desktop workstation.

Here it is: The New Magic Keyboard

Billed as a “new scissor mechanism” but more importantly with a “rubber dome” that all of us hope will do away with the “dead” feeling of the now infamous “butterfly” keyboard. Headline is “comfortable and quiet”, but I think many would be satisfied if it is at least as nice as the “old” pre-butterfly model that was a durable dream to use. They put back the escape key (good job!) and, as this is the most expensive and fully decked out MacBook Pro ever, with the Touch Bar features and upgraded (fixed) keyboard we should be ready to rock.

More Power Demands a more Advanced Thermal Design

As processors get more and more powerful (here we have the 8‑core Intel Core i9) heat always becomes a potential issue and problem. As can be seen in the animated image above there has been a lot of effort put into dealing with this in an effective, elegant way. The improvements to the cooling capacity will allow the MacBook Pro 16″ to handle up to 12 more watts, while intensive workloads are present, compared with the previous MacBook Pro iteration.

100Wh Battery for 11 hours Browsing and an AMD Radeon Pro 5000M series GPU

For the largest screen and fastest processor, naturally, a bigger better battery is needed. The monster in question is a 100Wh (largest yet in a MacBook) and is said to add an extra hour of life, in spite of all the muscle under the hood.

With video and other intensive graphic workflows becoming more and more important (and software allowing more complex actions and higher video resolutions) a fast, powerful GPU is extremely crucial. It will be fantastic to see how far we can push the AMD Radeon Pro 5000M series graphics card which apple says is the first 7nm mobile discrete GPUs for pro users. External GPUs have been all the rage, perhaps the new 16 inch MacBook pro can dispense with the need via this AMD upgrade?

An 80% improvement in performance is claimed in comparison to the previous fastest-ever 8-core 15-inch MacBook Pro when equipped with the highest graphics options:

  • Video editors using DaVinci Resolve will see up to 1.8 times faster effects rendering when color grading.
  • Gamers will enjoy smoother gameplay with up to 1.6 times faster performance in games like Fortnite.
  • In Unity, developers will experience 1.4 times faster fly-through performance during game development.

And, yes, as you would expect, there are More Powerful Processors and Faster Memory

Again, the new MacBook Pro 16 inch (not coincidentally, released on the day that the Mac Pro and Pro Display XDR December release is also on the agenda) is all about computationally intensive tasks such as code rendering, graphics processing, up to 8k (!) video and so forth. In keeping with this goal, processors are beefed up 6- and 8-core 9th-generation with Turbo Boost speeds up to 5.0 GHz. Apple claims speeds up to 2.1 times faster performance than the quad-core 15-inch MacBook Pro. It’s possible to load this beast with up to 64GB and, also factoring in the result of the improved thermal design mentioned above, this could allow us all to blast through heretofore impossible tasks, if not with ease, at least with some fluency. According to Apple, when compared to the fastest quad-core 15-inch MacBook Pro:

  • Music producers can play back massive multi-track projects with up to 2.1 times more Amp Designer plug-ins in Logic Pro X.
  • Scientists and researchers will benefit from 2.1 times faster simulation of dynamical systems in MATLAB.
  • Developers using Xcode can compile code up to 1.8 times faster. 
  • Photographers can apply complex edits to photographs 1.7 times faster in Photoshop. 

Processor:

Configurable to 2.4GHz 8‑core Intel Core i9, Turbo Boost up to 5.0GHz, with 16MB shared L3 cache

Retina display

16″ Display:

16‑inch (diagonal) LED‑backlit display with IPS technology; 3072‑by‑1920 native resolution at 226 pixels per inch with support for millions of colors

Supported scaled resolutions:

  • 1920 by 1200
  • 1680 by 1050
  • 1280 by 800
  • 1024 by 640

500 nits brightness

Wide color (P3)

True Tone technology

Refresh rates: 47.95Hz, 48.00Hz, 50.00Hz, 59.94Hz, 60.00Hz


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Musk Announces Tesla’s 4th Gigafactory Location: Model 3 wins Midsize Car of the Year in Germany

https://video-lynxotic.akamaized.net/Musk-Giga4.mov
Elon Musk Accepting Award for the Model 3

Elon Musk made an appearance on German’s Auto Bild TV for the 2019 Golden Steering Wheels Awards (Die Verleihung des Goldenen Lenkrads 2019) showcasing the best cars of the year. While receiving an award, Musk announced that the location for the next Gigafactory will be in Berlin, Germany.

The first European Gigafactory will be situated near the newest airport in Berlin named the Brandenburg International Airport (BER). The airport is still under construction with reported plans for a 2020 opening date. Since the new Berlin airport location is already infamous for construction delays, Musk joked that the new Gigafactory would “hopefully” be completed more swiftly in comparison

Tesla’s site as of November 12th, now shows career opportunities in “Remote, Germany” for Gigafactory 4.

The Tesla Factory is located in Fremont, California, with Gigafactory 1 and 2 both based the United States in Sparks, Nevada and Buffalo, New York respectively. Gigafactory 3 is the first overseas factory in is located Shanghai, China.

In a tweet in June, Tesla’s CEO shared a potential teaser into the location of the European factory. The reality is, however, better- Berlin is in! The speed at which Gigfactories are popping up worldwide is impressive. Gigafactory 3, near Shanghai, that can build 150,000 Model 3 sedans a year, according to Tesla, was build in just 168 working days! 

Musk has previously estimated that it will eventually take 100 Gigafactories to build the components necessary in order to run the entire world on sustainable energy. Naturally, as he also pointed out, Tesla alone could not build that many, and plans are for, eventually, an initial twelve to be built. So, 8 more in the pipeline now that #4 in Berlin has been announced. At the time of completion the first Gigafactory was the second largest building in the world by volume, with the largest footprint at 1.9 million square feet, hence “Giga”.

Musk flew his private jet to Germany on November 11th, curiously missing the successful launch of 60 Starlink Satellites – and now we know the main reason why he did. Shortly after the award cerimony, a couple of tweets went live. The first, announcing the award, and more importantly, the second detailing the initial plans for the factory’s uses: building powertains and vehicles, starting with the Model Y and, of course, batteries.

The Model 3 has been, by almost any measure, a spectacular success. Now, with the Model Y looming on the horizon, and the mysterious Tesla pickup truck set to be unveiled on November 21st at the Tesla Design Center in Hawthorne, CA, 2020 is sizing up to be another make or beak year for Tesla and Elon.


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11,258 Scientists sign Foreboding Report that Declares a Climate Emergency for the Planet

Photo / Adobe Stock

If you are still having trouble accepting the fact that climate change is real, then you are definitely not factoring in the overwhelming consensus of science. Earlier this week, the academic journal BioScience released a scientific research paper providing data from the past forty years, all pointing to the conclusion that our planet is currently in a state of climate emergency. Then, if the paper’s research is not enough on its own, perhaps the fact that over 11,000 scientists authorized it will help convince you.

At the bottom of the report, there are 11,258 signatures, all coming from different scientists across 153 countries and multiple disciplines. The paper’s multi-disciplinary approach creates room for a variety of evidence, demonstrating how global warming is effecting the planet from geological, biological, physiological, neurological perspectives and beyond.

This is also a wake up call about the fact that the science on climate change is no longer divisive. In science’s unbiased eyes, the Earth is in an unequivocal state of emergency. 

Climate emergency” is the exact diction that the paper uses to define the planet’s current situation. The words associated with climate change have evolved many times over the years. From “global warming” to “crisis,” language can certainly affect the way people think about the issue. The authors of this paper decided on “emergency” because it provokes more urgency than mere “change” but not as much chaotic hopelessness as “crisis.” After all, the purpose of the paper is to unveil proof and evoke action, not to have people helplessly bury their heads in the sand.

The paper outlines six major changes people must enact if they want to save the planet. Namely,

  1. Implement massive energy efficiency practices and move to low-carbon renewables.
  2. Reduce emissions of toxic pollutants such as methane, black carbon and hydrofluorocarbons.
  3. Restore global ecosystems across reefs, forests, grasslands and more while preventing further biodiversity loss. 
  4. Reduce the consumption of animal products and opt for plant-based foods.
  5. Focus less on economic GDP growth and more on sustaining ecosystems and human well-being.
  6. Lower fertility rates to reduce the world population.

As the paper makes clear, these changes are hardly suggestions, but more like necessities at this point. If we do not alter our priorities in a timely manner, we will face the worst of climate change’s wrath and be utterly defenseless to it.

Like most realistic studies on the climate crisis, this paper is not for the faint of heart. It opts for harsh truth over optimism. That being said, the research is not without occasional glimmers of hope. The outline of solutions points us in the right direction. Similarly, the authors acknowledge recent surges in environmental protests and eco-friendly ingenuities across the world as ongoing positive changes. Data-wise, fertility rates are already dropping and more people are switching from fossil fuel burning to more sustainable, renewable energy practices. Likewise, even politics are slowly catching on to the issue, with the UK Parliament declaring a climate emergency and United States Reps. Alexandria Ocasio-Cortez and Earl Blumenauer and Sen. Bernie Sanders all introducing the Green New Deal to Congress. 

The world is far from perfect, and more action is still needed if we want to combat climate change effectively. However, the science is nearly unanimous, and the debate surrounding the issue’s severity is no longer a point of contention. Now, we just need people in power to stand with science, believe in the facts, and put in place urgently needed changes to begin to find ways to save us all from possible extinction.


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October 2019 is the Hottest Month on Record, continuing the Year’s Trend Towards a Climate Emergency

Looking for tangible evidence of global warming? According to the European Union’s Copernicus Climate Change Service, which studies temperature data from around the globe over time, this past month has been the hottest October on record, palpably indicating the world’s changing climate.

The EUCCCS’s records go back to 1979, and in their forty years of data, they have never had an October as hot as this year’s. 2019’s October was 0.69 degrees Celsius (1.24 degrees Fahrenheit) warmer than the average for the EUCCCS’s data. It was .01 degrees Celsius (0.018 degrees Fahrenheit) warmer than the previous warmest October, which took place in 2015.

Alongside October, 2019 also saw the hottest July on record, surpassing its 2016 predecessor. It was overall a record hot year. Each month in 2019 ranked among the top four hottest for the respective month. The past twelve years in total averaged 1.2 degrees Celsius (2.16 degrees Fahrenheit) warmer than pre-industrial temperatures. This is particularly eerie considering that the Intergovernmental Panel On Climate Change recently released a warning about the catastrophic effects of temperatures rising 1.5 degrees Celsius (2.7 degrees Fahrenheit) over pre-industrial levels. 

It is also worth noting that all of the EUCCCS’s data is based on global averages. Thus, some areas of the world may have experienced a colder 2019 than average, but these are the outliers to the worldwide trend. 

Of course, a 1.2 degrees temperature increase may not sound that alarming on the surface. However, this yearlong heat spike will actually have immense effects on climate change. The arctic ice will melt faster; wildfires will spread quicker; and biodiversity will diminish at accelerated rates. That is just to name a few of the ways such a small temperature boost might severely impact the planet if gone unchecked. 


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Apple Announces a $2.5 billion plan to combat California Housing Crisis

Photo / Apple

Apple’s Ambitious Commitment for Affordable Housing in California

Earlier today, Apple announced its $2.5 billion commitment to combat the housing affordability crisis in California.

$1 billion is designated for an affordable housing investment fund that provides an open line of credit to develop and build new low-to moderate-income housing at a faster rate and lower cost. Another $1 billion is designated for a first-time homebuyer mortgage assistance fund that will provide first-time homebuyers with financing and downpayment assistance with an emphasis on accessibility to first-time homeownership for service personnel, school employees, and veterans.

The remaining $0.5 billion will be for more specific projects that require immediate attention in the San Francisco Bay Area. $300 million will fund Apple-owned and available land in San Jose for affordable housing development. $150 million will go directly to a housing fund specifically for the Bay Area, which currently faces the brunt of the housing crisis. And finally, $50 million will be set apart to support vulnerable populations that will focus on driving systemic change across the many factors affecting homelessness. The $50 million will primarily go to “Destination: Home” to support their efforts to address homelessness in Silicon Valley, after which Apple will make similar efforts to combat homelessness throughout California.

Why is a Tech Company suddenly interested in affordable housing?

Before Silicon Valley became the vibrant tech powerhouse that it is today, and as well as one of the primary driving forces for the San Francisco Bay Area housing crisis, it was the home of Apple and thereby the birthplace of revolutionary personal technology.

Because of Apple’s historical impact on revolutionizing technology for the entire world since it introduced the Macintosh in 1984, the company felt a civic responsibility to alleviate the outrageous condition of California’s housing market that’s exacerbated by being a career destination for the ever-growing tech industry that they initiated into the world.

“Before the world knew the name Silicon Valley, and long before we carried technology in our pockets, Apple called this region home, and we feel a profound civic responsibility to ensure it remains a vibrant place where people can live, have a family and contribute to the community.”

– Tim Cook, CEO of Apple

The Golden State has yet to End its Gold Rush of Population Growth

As California increasingly becomes a more desirable place to live through a variety of factors, the cost of living skyrockets because residential properties increase in both scarcity and value and makes affordable housing availability unable to keep up with the state’s population growth.

It doesn’t help that the presence of the booming tech industry in the San Francisco Bay Area brings in an additional influx of tech professionals at a rapid pace. At this point, only tech professionals who make six-figure salaries could barely afford to live in the area while valuable community members like teachers, firefighters, and emergency first-responders are forced out.

“Affordable housing means stability and dignity, opportunity and pride. When these things fall out of reach for too many, we know the course we are on is unsustainable, and Apple is committed to being part of the solution.”

– Tim Cook, CEO of Apple

After having studied the housing issue in-depth, Apple’s full commitment to the state, in partnership with Governor Gavin Newsom, the state of California and community-based organizations, aims to provide statewide housing support that will be fully utilized in approximately two years, depending on housing project availabilities.

Photo / Apple

“The sky-high cost of housing — both for homeowners and renters — is the defining quality-of-life concern for millions of families across this state, one that can only be fixed by building more housing. This partnership with Apple will allow the state of California to do just that.”

– Gavin Newsom, Governor of California

Additionally, the capital returned to Apple through this project will be reinvested into future projects over the next five years. In the meantime, Apple is looking for private developers who are ready to start construction on affordable housing projects in the Bay Area as soon as possible.


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Climate Change fuels California Wildfires as Photochemical Smog evolves into Smoke in LA

Photo / Adobe stock

Pollution in DTLA from the 60s to Now: Smoke is the New Smog

Throughout the nineteen sixties, seventies, and eighties, a dark layer of photochemical smog clouded downtown Los Angeles. Produced by carbon emissions, this toxic smog came to define the city in many unflattering ways. Today, the smog is not as noticeable, however, a new kind of cloud has arrived to mask the face of La-La-Land yet again.

This time around, the cloud is composed of smoke from wildfires, and while this leftover smolder from burning forests may not be as immediately caustic as yester-decades’ smog, it could be more dangerous all the same, for it is a sign of California’s increasing vulnerability in the presence of the climate crisis.

Seasonal Wildfires in California Exacerbated and Turned Catastrophic by Climate Crisis

Wildfires in California, like hurricanes in the Deep South or blizzards up north, are somewhat seasonal. After a long, hot, and dry summer, the fires are only now starting to pick up, with an inordinate number of them taking place in the mountains around L.A. since the beginning of autumn. The region’s exceptionally arid landscape this time of year only helps the fires grow and travel at faster rates.

The reasons for these wildfires can vary, from natural causes to someone dropping a cigarette in the wrong place at the wrong time. Many of them are sparked by something immediate and unfortunate. However, their range, frequency, and ferocity can be linked to global warming—especially over the past few years, as the fires have become more intense and the effects of the climate crisis have been increasingly perceptible.

Indeed, a simple wayward cigarette could ignite a wildfire, but how much damage that fire does is determined in part by something far more elemental. As the climate crisis heats up the earth, things naturally become more flammable. The ecosystem is meant to respond to temperature spikes with additional moisture. Unfortunately, we have not experienced such compensation yet, and with the climate crisis being an unnatural phenomenon, it is unwise for us to expect the planet to respond in natural ways.

Wildfire Prevention is More than Putting Out a Spark, it’s Environmental, and California’s is Highly Flammable

Thus, a small spark can easily kindle a fire that quickly spreads over dry foliage with the wind. Although Los Angeles itself is celebrated as a land of perfect weather, its surrounding canyons produce gusts of wind up to 80 miles per hour. Because climate change has been significantly limiting nature’s innate defense mechanisms, the average area affected by wildfires has increased almost four-fold over the past few decades. 

Likewise, longer droughts are also making California’s fire season lengthier. The season is an estimated two months longer than it was in the 1970s, and the longer the season, the more destructive it can be. California’s six most intense seasons on record have all occurred in the past decade, and fifteen of the twenty most extreme individual fires have all taken place since the year 2000.

Official Red Flag Warnings, Evacuations, and Power Outages? Only a Precursor to Future Extremes

Just last week, the fires caused the National Weather Service to issue its first extreme red flag warning ever. A testament to how bad California’s fires are, this unprecedented warning shows that the recent wildfires are on par with some of the worst storms and tornadoes in our country’s history. In fact, they may be even more treacherous.

Californians and Angelinos in particular have already faced evacuations and power outages as results of the fires—and that is just over the past few weeks. President Trump, rarely a champion of progressive environmental policies, has hardly addressed the issue as California’s state government scrambles to combat the blazing infernos on its own. Despite the situation’s intensity, though, it is but a bleak microcosm of what the future may look like if the climate crisis continues to go unchecked by politicians.

From Smog to Smoke, the Only Difference is the Extent of our Unnecessarily-Long Relationship with Pollution

The fires are at their worst in the canyons and hills surrounding Los Angeles, but from downtown, residents can notice the smoke blocking the mountains on the horizon. The air is filled with the pungent smell of burning wood and the skyline becomes hazier each day, returning the city to its smog-infested image of former decades. 

Given that the smog was the result of fossil fuel burning and the fires are fueled by the climate crisis today, we can see that their resemblance is familial, and that the smoke from the California’s wildfires are the deformed son, the resurrected corpse, the Frankenstein’s monster of the undead smog and carbon emissions that we continue to carelessly release into our planet’s atmosphere. 


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Climate Crisis reaching Critical Mass: Extreme Events, Massive Protests and Celebrity Activism

Over the past year, in the face of a rapid increase in the threat of CO2 emissions and its effects on the climate, various groups and activist organizations have staged demonstrations in response to a lack of any solutions or action from governments and industry leaders worldwide. Curiously, real reporting that makes the important connections between the causes, the extreme weather events and the demonstrations into account is scarce.

Global Scale Mobility to Save Planet Earth

The week of September 20-27, 2019, we saw a record of 7.6 million people around the world take to the streets and strike for climate action. This is by far the largest assembly of people mobilized for an ecological cause in history.

The Global Climate Strike shows that there are clearly a significant number of people motivated to challenge the status quo and, potentially, spur an accelerated end to the fossil fuel era. People’s Climate, Rise for Climate, Fire Drill Fridays, are just a handful of the hundreds of organizations that have formed (and will continue to form) in recognition of, and in direct response to, the emerging ecological emergency.

“OVER 7.6 MILLION PEOPLE, 185 COUNTRIES, 73 TRADE UNIONS, 3024 BUSINESSES, 820 ORGANIZATIONS, 8583 WEBSITES, 613 ACTIONS”

INFOGRAPHIC / CLIMATE INTERACTIVE

From Jakarta to New York, Karachi to Amman, Berlin to Kampala, Istanbul to Quebec, Manila to Mumbai, Guadalajara to Asunción, in big cities and small villages, millions of people joined hands and raised their voices in defense of the climate. These large numbers are speaking out and showing concern in order to raise awareness and bring attention to both the problem and the lack of an adequate response from those in power. The least the media can do is acknowledge the overwhelming numbers and help by shining a light on the issue.

Record Breaking Extreme Weather Events and Evidence of Catastrophic Potentials

Extreme temperature swings from both extremes are happening. July was the hottest month in recorded in history worldwide since record keeping began over 400 years ago. Earlier this month, in Denver, Colorado, was one of the greatest temperature changes in the city’s recorded history of a 64 degrees range; with temperatures at 83 degrees in the a.m. dropping all the way down to 19 degrees. These are just a couple of examples, however, extreme data confirming the danger is being reported by scientists and researchers with increased regularity all over the globe.

Hurricanes and floods are getting larger and more frequent. Research by The Center for Climate and Energy Solutions and The Union of Concerned Scientists have found that hurricanes and storm systems have increased in the level of intensity over the past decades.  Scientists anticipate further and significant intensity increases, along with warmer ocean temperatures and higher sea levels, as a result of global warming trends. The ocean is facing a multitude of severe damage symptoms and dangers beyond the sea-level rise predicted, and that itself could wipe out major cities around the world.  Five storms this year: Hurricane Barry, Dorian, Imelda, Melissa and most recently Nestor have all directly impacted the United States. 

Fires have devastated the lowlands in Bolivia, destroyed thousands of acres in Plumas National Forest in the US, droughts result in fires in several parts of Australia, and the list goes on. California is preemptively shutting down power systems as they try to reduce the fire danger during high wind, low humidity conditions.

Greta Thunberg and Celebrity Activists

A growing number of famous activists and celebrities have been putting faces to the fight against the global climate crisis.

With her extensive news coverage, Greta Thunberg is the face at the forefront of the climate action movement. In August, she travelled by sailboat to the U.S. from Europe. This raised awareness for her campaign to bring attention to the Climate Crisis. A huge boost to her profile came with the now-famous/historic speech at the U.N. in late September.

Leonardo DiCaprio is well-known for his dedication to environmental activism, and he hasn’t slowed down. Even in 1998, he established the Leonardo DiCaprio Foundation to “restore balance to threatened ecosystems, ensuring long-term health and well-being for all Earth’s inhabitants.” So far, it has funded over 200 environmental projects and awarded 85 million euros in grants. He’s also spoken about the climate crisis at the Davos economic forum and with the United Nations.

Prince Harry and Meghan Markle recently revealed that they decided to have only two children to help protect the environment against the “terrifying” effects of the climate crisis. The royal couple have also taken significant actions outside of their marriage to fight against the climate crisis.

Celebrities: Natalie Portman, Mark Ruffalo, Will and Jaden Smith, Emma Thompson, Martin Sheen, Arnold Schwarzenegger, Radiohead, Robert Redford, Billie Eilish, Chris Hemsworth, Kerry Washington, Janelle Monáe, Chris Evans, James and Suzy Amis Cameron, David Attenborough, Matt Damon, Dave Matthews, Laurie David, Marshall Herskovitz, Alan and Cindy Horn, Norman and Lyn Lear, Julia Louis-Dreyfus, Ed Begley Jr., Adam McKay, Bill Nye, Gwyneth Paltrow, Pearl Jam, Kevin Reilly, Pharrell Williams, Shailene Woodley and more are all fighting hard to contribute towards positive change with the climate crisis using their public platforms.

https://video-lynxotic.akamaized.net/XRVideo.mp4

Over 100 Celebrities Back XR in Open Letter – Dear Media: Yes, We’re Hypocrites, but…

Last week, Extinction Rebellion had over 100 high-profile climate activists sign an open letter to the media to change the way that we relate to the global climate crisis. This record celebrity involvement with possibly the most militant and radical of climate crisis movements shows that its growth potential is as yet untapped.

Among the notorious names are: the actors Benedict Cumberbatch, Peter Capaldi, Ray Winstone, Jude Law, and Sienna Miller, and as well as the musicians Mel B, Adam Clayton, Bob Geldof, and Jarvis Cocker.

Extinction Rebellion praised all signatories: “it’s easy to call out people for being hypocrites, but braver to talk about transforming how we relate to the planet.” So far, the way that we’ve been talking about our relationship to the planet is that it is each individual person’s fault for contributing to the climate crisis and that we are simply not changing our lifestyles enough to reduce our collective carbon footprint. And while this is partly true, the greater issue is that individuals are essentially given no other choice but to perpetuate the fossil fuel industry that runs throughout every facet of our livelihood. Meanwhile it has become clear that those that have vested interests in those systems will never voluntarily relinquish power, even if that means the eventual extinction of all life on earth.

Dear journalists who have called us hypocrites,
you’re right. 

We live high carbon lives and the industries that we are part of have huge carbon footprints. Like you – and everyone else – we are stuck in this fossil-fuel economy and without systemic change, our lifestyles will keep on causing climate and ecological harm. 

There is, however, a more urgent story that our profiles and platforms can draw attention to.

Life on earth is dying.  We are living in the midst of the 6th mass extinction.

OCTOBER 16, 2019 BY EXTINCTION REBELLION

The letter is essentially a statement against the mass media culture that calls out the hypocrisy of climate activists who have no choice but to participate in the toxic structures they aim to dismantle. It’s an innovative argument against these repetitive and unproductive cries of hypocrisy that get us nowhere but closer to our own looming extinction.

The letter draws attention to a deeper issue, much larger than, and clearly unsolvable by, addressing individual hypocrisy, and it points to an urgent problem that requires immediate unified action from our international governments and industry leaders.

XR – An International Rebellion, Calling for Immediate and Substantive Action

Extinction Rebellion (XR) is an international movement that aims to halt mass extinction, which is an increasing danger brought on by the climate crisis and global warming, and minimize the risk of social collapse through non-violent civil disobedience. So far, they have engaged protests in cities all around the world, including London, Dublin, Vancouver, and more to come.

Founders Roger Hallam and Gail Bradbook created Extinction Rebellion to bring people together to express collective power to bring about necessary ecological change. Their motto “Rebel for life” stems from the very real crisis that our world is under attack and we need to do something about it now.

The movement was formed just under a year ago, and it has sparked worldwide attention by highlighting the world’s imminent collapse. Their vision on their official website, rebellion.earth, states: “We rise in name of truth and withdraw our consent for ecocide, oppression and patriarchy.

We rise up for a world where power is shared for regeneration, repair and reconciliation.” Their logo symbolizes the current state of mass extinction: an hourglass in the middle of the earth highlighting that time is running out and the earth is dying. The black coloring is also intentional and represents the color of mourning.

PHOTO / VLADIMIR MOROZOV / “BLACK ROCK IN LONDON, UK”

Meaningful Action Comes from Breaking the “Business As Usual” Mentality

In one form or another, most people can get behind the notion of doing “better” in regards to how we treat our planet, but Extinction Rebellion is taking that concept to another level: one of urgent action. Their stance is that our governments have failed us, and they continue to do little to nothing to address the climate crisis. In response, XR has taken a public and open defiance against the government, and they vow not to stop until their demands are met.

Their mass-coordinated events happen frequently, whether for inducting and training members regarding how to handle police presence, fundraising and organizing “rebel ringers”, facilitating global meditations, or targeting strategic locations for demonstrations. Their protest campaigns initially started in and around the UK, and now, even more are significantly being seen worldwide, in multiple countries and continents: XR is very much an international movement.

Their concept is to work outside our failed system because the government is currently unresponsive regarding what is truly happening to our planet. They do this by creating disruptions to the government sectors status quo, which is seen when XR shuts down roads, bridges, creates blockages, spills fake blood (the blood of our children), fake oil, or even super-gluing themselves to government buildings.

In whatever they do, their point is to make a drastic and bold statement that this is a planetary emergency. The disruptions are not meant to incite, but rather to maximize public exposure to garner more people to join the cause for change. Protesters are willing to uproot their lives and liberties, often getting arrested, just to join forces with others and call on those that can make actionable changes to save us and our future generations from a dying planet.

PHOTO / YAZ ASHMAWI / “RED BRIGADE ON THE UNDERGROUND”

XR’s Demands for Earth Rescue:

Extinction Rebellion has 3 main demands, which also encapsulate the general demands of the entire climate action movement. The first is to “Tell the Truth.” Governments must stop denying or hiding the fact that there is a very real and threatening ecological crisis, and they must properly and honestly declare the climate emergency.

The second is to reduce carbon emissions to net zero by the year 2025, by reducing green house gasses and preventing losses in biodiversity.

And finally, to insure a lasting effect, the creation of a Citizen’s Assembly, which would include ordinary educated people to lead in the decision-making processes for enacting innovative climate and ecological justice.

These movements are a multifaceted phenomenon that will not fade away and could soon become the largest sociopolitical movement the world has ever seen. And with each non-coincidental catastrophic weather event, the backlash against the entrenched “fossil-fuel industrial complex” will grow in size and influence.

“Global warming causes major damage to the global economy and the natural world and engenders risks of catastrophic and irreversible outcomes”

INTERNATIONAL MONETARY FUND, 10TH OCTOBER 2019

The number and size of ‘in-your-face’ protests will also increase. It will soon be impossible to ignore the reality of the climate crisis, as it unfolds before our eyes, and more and more people around the world will recognize the threat of almost certain global extinction, if we do not take immediate action to change the underlying corrupt systems immediately.

Right now, there are countless scientific and technological advancements that are available to give us another choice to save ourselves and our planet, and yet, nothing is happening because the powers-that-be are too complacent or corrupt to act. They continue to hide behind the media’s ignorant cry of celebrity and activist hypocrisy thereby blocking any meaningful change.

The Time to Act is Way Overdue: The Thin Line between Survival and an Uncertain Future Existence is in Immediate Action

Since the industrial revolution, there has been a struggle escape the system that threatens our collective survival, and now we desperately need a way out. The climate IS changing, whether it manifests overtly by droughts, flooding, heat waves, storms, melting polar caps or any number of catastrophic events. The chosen path should be obvious: one that works with sustainable energy, ‘zero-waste’ innovations and ultimately finding ways to halt any further planetary abuse. 

“Right now, we are facing a man-made disaster of global scale. Our greatest threat in thousands of years. Climate change. If we don’t take action, the collapse of our civilisations and the extinction of much of the natural world is on the horizon.” 

Sir David Attenborough, 3rd December 2018

The XR, along with other Climate Crisis Inspired movements will inevitably and unquestionably grow with each new extreme weather event, and this “battle” between those who are fighting for the planet and those who block progress will become the central issue of our time.

As a critical mass approaches, grass roots movements will increase in power and, hopefully, their influence will mark the beginning of a permanent change away from the human behaviors that created this crisis.


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Historic All Female Spacewalk and New Artemis Space Suits Unveiled by NASA

Photo / NASA

NASA Just Made ‘Her-story’ …

On October 18th, this particular spacewalk became a monumental one because it’s “breaking the galactic glass ceiling” by being the first one conducted entirely by women.

On the 221st spacewalk in support of the space station assembly, NASA astronauts Christina Koch and Jessica Meir will be replacing a battery/discharge unit that failed to activate on the space station’s exterior. This particular unit is one of many that regulates the solar energy collection charge put into the new batteries that were just installed on October 11th. Thankfully, the unit’s activation failure didn’t hinder station operations or endanger the crew, but once this unit is replaced, the new batteries will be able to provide increased station power.

This milestone, along the road to bringing the first woman and next man on the moon by 2024 through NASA’s Artemis Lunar Exploration Program, is sure to inspire students everywhere, especially young girls who’ve always dreamed of becoming astronauts. Now, they could see themselves on the way to the moon, and perhaps, beyond.

More updates about the spacewalk and as well as additional information about the International Space Station can be found on NASA’s blog.

Newly Revealed Spacesuits for Artemis Moon Mission Set for 2024

Two suits were unveiled; one for transit “Orion Crew Survival Suit (OCSS),” also known as a flight or launch and entry suit, and a suit for moon-based activities (Exploration Extravehicular Mobility Unit), called the ‘xEMU’ variant. The Orion suit is lighter and made to be worn during take-off and landing; the suit will be depressurized when in use but can provide protection in the event of accidental depressurization, as well as thermal and radiation protection. The xEMU suit is made to withstand and survive temperatures that range from -250- and +250-degrees Fahrenheit. 

The design’s greatest feature is that of increased flexibility and mobility, allowing astronauts to actually “moon walk” more easily compared to older model suits that was more of a “bunny hop” on Apollo mission with Buzz Aldrin. 

Another feature is its inclusive nature, the suit is made to accommodate any sizing and body type. 

Photo / NASA

Artemis and The Next Era of Space Exploration

Artemis comes from the name of the Greek sun god Apollo’s lunar twin sister, and this next mission is justly named after the Greek goddess of the moon.

The upcoming mission to the Moon represents new galactic grounds to be forged, including the first woman on the Moon and American astronauts’ first step onto the Moon’s South Pole, which is a location that no human has ever been before. The accumulated knowledge from the Artemis mission will be used to establish more sustainable missions and to be one step closer to sending humans to Mars. 

NASA plans to launch two missions prior to the Moon landing to test their deep space systems.  The Artemis 1 is set to launch in 2020 with no crew. The Artemis 2 with an on-board crew is targeted for 2022. And finally, the Artemis 3 is planned for 2024 with the first woman and next man on the Moon. 


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New iPad 10.2″ Retina Released – Video from Apple keynote Showcases the First 7th Generation iPad

https://video-lynxotic.akamaized.net/iPad_Release.mp4
Above: Video of Apple September Special Event keynote announcing the new ipad 7th gen.

$329 price point for this size is groundbreaking

This new iPad will benefit greatly from the new, iPadOS 13.1. With a bump from 9.7 to 10.2 this new version is twice as fast and has a larger screen in the same size case. Not quite as powerful as the current iPad Pro model, but with the A10 Fusion chip it will have some power for all the new multi-tasking features in iPadOS.

The new OS is a huge and “under the radar” shift in the history of tablets and computing. The long running debate over the possibility of the iPad being considered a “laptop replacement” continues but the beginning of the end comes with iPadOS.

It’s not the features or performance, although those are impressive, but the commitment to building an OS that is neither a “touch-screen computer” or, well, an iPad.

Instead, the new direction (finally!) for iPadOS, is an attempt, often emphasized by Apple while few listened, to take advantage of possibilities that only the iPad could achieve. The workflow and User Experience will continue to grow and transform and, at the same time, remain a completely unique and new “thing” living between laptop, desktop and iPhone.

Photo / Apple

The Smart Keyboard is compatible with the new iPad, as is the Apple Pencil. The emphasis in the “September Special Event” this year, as we, unlike some others, expected, is the truly huge evolution of the entire Apple Ecosystem. A particular and spectacular new product? Well, that’s in the eye of the beholder. “Just a better camera, just more pixels? just a faster processors?, all of this is great, but we’ve all become jaded and unmoved.

It’s the “invisible” evolution of the infrastructure that is the real “one more thing” that is never mentioned. Although many can not or do not take full advantage (in all fairness, who can?) it is the slowly creeping, relentless improvement in how the various devices work and, most importantly, work together, that is the real “game changer”.

Photo / Apple

Also in stealth mode until the September Special Event unveiling, is what Apple is calling “Machine Learning” along with Deep Fusion which are sort of like forms of AI without the scary world ending Musk scenarios. The new chips in iPad, iPhone and Macs (don’t forget Apple Watch!) are extending and continuing this aspect of why intensely complex activities gradually become commonplace on and across devices.

Features enabled by Machine learning have been growing in the background in iPhone and iPad, particularly in new models from the last 2 years, but now this will go into overdrive. Add 5g next year and the second wave will be ready to commence.

Naturally, stay tuned for other new iPad models models that may arrive later in the fall.


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Apple releases iOS 13.1: Download Now

After the initial release of iOS 13 proved to be a little buggy (but beautiful), today Apple released iOS 13.1 with updates and features along with added safety. Some features added since last weeks initial update include a “share ETA” feature in Apple Maps, as well as improved AirDrop performance.

iPad OS 13.1 is also going live in front of tomorrows release of the new seventh-generation iPad entry level. Orders start tomorrow with deliveries and in-store availability “later this week” according to Apple.

This is going to be an extremely eventful September and October for those who own a Mac, iPhone and iPad. With mac OS Catalina due out sometime in October (exact date not specified by apple yet) it will be weeks before all the new features are “digested” by our brains. Added to the fun is the fact that many features, such as Side-Car for Catalina, which allows the iPad to be used as not only an extended second screen but also as a sort of satellite stand alone control device for the Mac you choose as the source. We are working on live experiments with this feature and it is amazing, especially in conjunction with iPad OS 13.1. Stay tuned.

Although there are many, many new features, and this is the first year that there are three new major OS releases (4 if you have an Apple Watch) and the learning curve deserves a much more in depth look than just a hurried list of features and specs and comparisons to the same hurried lists from last year. These new updates will virtually define the word “synergy” and it will take months for the upgrades to be fully immersed into our digital worlds.

https://www.apple.com/105/media/us/iphone-11-pro/2019/3bd902e4-0752-4ac1-95f8-6225c32aec6d/films/product/iphone-11-pro-product-tpl-cc-us-2019_1920x1080h.mp4
iPhone 11 Pro video by Apple

After last year’s Mojave update marked the first real emergence of iCloud and shared features across all devices as a ninja-superpower force, the triumvirate of iOS 13, iPad OS 13 and Catalina looks to be an even more incredible coming of age for the eco-system writ large.

This is really great news of those who use the devices on a daily basis professionally, just as the new omnipresent “pro” tag has taken hold, and, although it is understood that bugs will come and eventually get squashed, this really is the new platform we have waited for.


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Amazon must pay 4 Million Euros in France for Unfair Practices: Verdict Could Pave Way for US Decisions

Most significant aspect is not the tiny fine, but the requirement that Amazon change it’s marketplace seller agreement on 7 of 11 practices that were deemed unfair

In a related development to our opinion piece published yesterday, the commercial court in Paris fined the giant US firm for clauses in it’s mandatory agreement for sellers that were found to be abusive and unfair.

In an exclusive story published (in French) by Next INpact the verdict was explained based on ongoing local coverage of the story.

In the article, which you can read in a google-generated translation provided below, it is noted that, similar to the US marketplace, in France approximately 60% of the income for Amazon’s online retail sales is generated by third-party sellers, using the Amazon Marketplace. Total sales are approximately 5 billion Euros per year.

Screen Shot of the Court Document (can be downloaded as PDF below

Of the 11 clauses that were scrutinized in the suit – 7 of them were deemed to be in violation of:

”Article L442-6 of the Commercial Code prohibits “to submit or attempt to subject a trading partner to obligations creating a significant imbalance in the rights and obligations of the parties”.

– Next Inpact reporting on the verdict in the commercial court of paris

Some examples of the offending clauses are summarized in the verdict, which will sound very familiar to US marketplace sellers:

“one of them allows Amazon to modify at any time, without notice, and in its absolute discretion the contract binding to sellers.

Result: either the seller resigns or he loses a significant share of turnover. A clause deemed “exorbitant of French law and contrary to all uses” concludes the decision.”

Nextinpact.com

“Another clause pinned, the one that allows Amazon to terminate a contract with immediate effect “for any reason and at any time by simple notification.

‘A contractual condition much too “general, discretionary and imprecise”, considers the court which notes the absence of notice and proportionality.”

“In the end, the court ruled that 7 of the 11 clauses pinned by Bercy were clearly unbalanced to the detriment of third-party sellers.“

nextinpact.com

With US anti-trust actions potentially moving forward at anytime, it is doubtful that this ruling, although representing little more than a “parking fine”, will be overlooked by prosecutors seeking to build a future case against the giant retailer.

As follows the full, rough, translation of the original article:

EXCLUSIVE.

The Paris Commercial Court sentenced Amazon to a fine of 4 million euros. The platform is also obliged to amend seven clauses under penalty. In question, the existence of a significant imbalance to the detriment of third-party sellers passing through this marketplace. Next INpact releases the judgment of 2 September 2019. In 2015 and 2016, the Directorate-General for Competition, Consumption and Fraud Control launched several surveys of marketplaces accessible in France. The goal? Gauge this sector and update any anti-competitive or restrictive practices.

Three companies stand out, all related to Amazon: Amazon Payments Europe, Amazon Service Europe and Amazon France Services, respectively APE, ASE and AFS. In December 2017, Bercy revealed his procedure initiated before the Commercial Court in July 2017. The administration recalled the ban on restrictive practices. Article L442-6 of the Commercial Code prohibits “to submit or attempt to subject a trading partner to obligations creating a significant imbalance in the rights and obligations of the parties”.

It claimed for this purpose in particular a civil fine of 9.5 million euros. The importance of this amount is easily explained. The company generates in France a turnover of over 5 billion annually.

And more than the majority of sales (60%) are made by third-party sellers, those using its marketplace. During its investigation, the DGCCRF identified several clauses that constitute a significant imbalance. They relate to contracts linking third party vendors with Amazon.

The jurisdiction of the French courts

Over the 49 pages, only APE, which deals with the part “payment”, could finally be put out of cause, not the other two companies. In this respect, Amazon France Service has been considered as a commercial partner of ASE, associated in the development of marketplaces.

ASE has also tried another circumvention: to oppose to the court the clause that attributes jurisdiction to the Luxembourg courts, while ensuring that two thirds of its sellers would be installed abroad.

The blow of the sword touched the water: the provisions in question being police laws, they are not subject to contractual conditions.

A significant imbalance

In the body of the decision, three points were sought: the existence of an economic bid, obviously unbalanced contract clauses and finally a possible rebalancing for the benefit of sellers in the benefits of using this platform.

The criterion of the tender was retained without difficulty, by the combination of several ingredients. Vendors face non-negotiable clauses. Amazon enjoys an economic power without equivalent.

The site is even essential for small third-party sellers, boosted by the network effect (or snowball).

“Amazon is obviously one of the” superstars “of the Internet, which this network phenomenon explains the exponential growth.

11 clauses were identified by the Minister of the Economy in his procedure.

For example, one of them allows Amazon to modify at any time, without notice, and in its absolute discretion the contract binding to sellers. It is up to the seller to look for this information published in the conditions of the site.

Unhappy, he can still terminate the contract, “but then without having had time to find a substitute,” said the court.

Result: either the seller resigns or he loses a significant share of turnover. A clause deemed “exorbitant of French law and contrary to all uses” concludes the decision.

Amazon was unsuccessful in arguing that trading with 170,000 vendors was impossible in an automated process. What the court told him was that “the automated system, precisely because it is, would work just as well with notice.”

With a certain malice, he also recalls that billions of transactions are made every day and that Amazon is in perfect ability to send them a letter on the order, and another on the state of delivery.

discretionary clauses

Another clause pinned, the one that allows Amazon to terminate a contract with immediate effect “for any reason and at any time by simple notification.”

A contractual condition much too “general, discretionary and imprecise”, considers the court which notes the absence of notice and proportionality.

Similarly, Amazon offers the possibility of imposing limits on salespeople based on “performance factors” without explaining their scope and the consequences of non-compliance with the evaluation criteria.

Still in the same vein, the platform is sanctioned for having the freedom to prohibit or restrict access to the site “at its sole discretion”. According to Amazon, the idea is to fight against the sale of dangerous products.

Only problem, the consular judges have not found this clarification in the contract. Same fate for the part that authorizes ASE to refund a customer even in case of non-return of the product of the third-party seller.

An imbalance not compensated by the benefits removed

In a logic of “balance”, the court then examined whether the imbalance of most pinned clauses was not offset by a series of benefits for sellers:

consumer confidence for Amazon, tools sharpened to facilitate management commercial operations, in addition to the storage of products.

The judges mainly recalled that these different benefits are not offered, but have as counterpart “the level of the various commissions paid to ASE by the third vendors”.

And these different benefits also benefit ASE for its own products and attract more and more third party sellers.

“On the other hand,” he says, “some of the shortcomings, especially those relating to business performance indicators, are such as to allow Amazon Service Europe to use a stipulation to, after testing a new product on a market. launched by a third-party seller, favoring the sale of his own to determine that of the third-party seller after aligning his price “.

7 censored clauses, 4 million euros fine

In the end, the court ruled that 7 of the 11 clauses pinned by Bercy were clearly unbalanced to the detriment of third-party sellers.

Amazon will have to modify them. 3 will remain intact, and one has been modified during the procedure. Amazon will have to modify them within 6 months, on pain of 10,000 euros per day.

Rather than the 9.5 million euros defended by Bercy, the court has finally revised down the fine to 4 million euros, especially given the good faith of Amazon, and different “positive steps” since the opening of the procedure.

Note however that the DGCCRF had requested the parameters of the algorithm used, from the United States, to highlight the products in the “Buy Box” Amazon … In vain.

The court finally refused the publication on the grounds that the press release of Bercy dated December 18, 2017 had been very widely (disseminated) and that this judgment should suffer a similar fate.

Download the judgment of the Commercial Court of Paris of September 2, 2019 news available until tomorrow. Posted on 03 September 2019 at 16:27 By Marc Rees


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Trump Blinks: Stocks Bounce, Apple gets Reprieve…(for now)

12 days ago, Trump announced that the remaining $300 billion in Chinese goods headed for the US would receive a 10% tariff, in addition to the $250 billion in other products already tagged with a 25% levy.

The reaction by the markets and the Chinese government was both swift and negative. In a move that was credited ( or blamed depending on your perspective) to the People’s Bank of China, for all practical purposes equivalent to the US Federal Reserve, the yuan was “allowed” to drop below the 7 to 1 rate against the dollar. Hitting the lowest point relative to the US currency since 2008.

The announcement was made today by the administration that the 10% hike, tentatively scheduled for September 1st, would be delayed until December 15th for some of the items on the list that were to have the tariffs applied. Those rescheduled include many important products for the holiday gift-giving season, including consumer electronics, computers and products such as Apple’s iPhone.

Speaking to a group of reporters on an airport tarmac around noon on Tuesday, Trump seemed to acknowledge something he previously had not, that the tariffs, which he appears to love so much, would harm companies and consumers in the US:

“We’re doing this for the Christmas season,”…“Just in case some of the tariffs would have an impact on U.S. customers.”

Donald Trump, August 13, 2019

He then backtracked, apparently attempting to clarify that he still believed, erroneously, that only China would be affected negatively:

“But so far they’ve had virtually none,” he continued. “But just in case they might have an impact on people, what we’ve done is we’ve delayed it, so that they won’t be relevant to the Christmas shopping season.”

The tweet with the original announcement from August 1st:

Retreat and Regroup: The New Trump Strategy?

This move, which amounts to a one-hundred-and-eighty-degree shift from his previous actions as the aggressor and instigator in the trade war so far, was unexpected and, in many quarters, welcome.

Whether China will see this as a conciliatory move or as a clear sign of weakness, by a man known to bluff with threats and then back-track almost on a daily basis, remains to be seen.

Economic problems are looming both here in the US and in Asia, as analysts have begun to talk of a recession, and fears of the trade war fallout have, according to market commentators, weighed on the markets and significantly increased volatility. There is widespread Fear of a repeat of the swoon from December 2018 when the market dropped, capping off what turned out to be the worst performance in a decade, ending the year down over 6%.

For companies like Apple, of course, the delay at least until December 15th is welcome news and that was reflected in the market today, with Apple and Best Buy both rebounding, up around 5% and 8%, respectively.

As many have pointed out, when Tariff-Man imposes a levy on Chinese goods coming into the US, it is virtually everyone except China that pays.

First of all, the actual tax, which is what a tariff is, will be collected from US importers as the goods enter the country. The taxes are paid at that time directly to the US customs.

The impact on China is not positive, however, and the higher prices that inevitably result from the tariffs, when ultimately passed on to the US consumer, cause a decrease in sales volumes, thereby hurting the producers in China directly.

Basically, in a nutshell, as in all previous trade wars, in the end, everybody loses. This is why, in a previous post, we stated that Trump was joining a “circular firing squad” with no hope of a positive outcome.

Read more: Tariff-man Joins Circular Firing Squad

Since the impact on tariffs takes time to reach the US economy, it is right about now that the levies would create negative fallout for Tump, his campaign and his popularity (and lack thereof). Clearly, it is no coincidence that this retreat is happening now.

With a man in the White House that is known to vacillate, there is no easy way to ascertain if this retreat marks the beginning of a surrender phase for Trump. While the “it’s for Christmas” excuse can help him to save face in this moment, and seeing the stock market’s reaction is certain welcome for many, this war was Trump’s invention and it is unlikely that he will suddenly admit that he was in error for starting it in the first place.

The “American Carnage” that would have been seen in the economy and the stock market, had he gone through with his threats and even raised the 10% up to 25% is almost unfathomable, and we can all breathe a sigh of relief that, for now, an renewed escalation is somewhat less likely than it was yesterday.


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Market Drops on Trade War Escalation: Dow Closes Down 767

photo collage / Lynxotic

Does over 925 points lost by the Dow Jones Industrial Average intraday qualify as a Market Crash? With the NASDAQ down over 4% and Bonds at record low yields, and the Chinese Yuan breaking the psychologically important 7 to 1 barrier against the dollar, it appears the Trade War is getting serious indeed. The Dow closed for the day down 767 points.

After Trump’s now infamous tweet, late last week, that set markets in the US tumbling, now, China’s immediate retaliation plans have been revealed, pushing the markets into a tailspin.

Lowering the currency exchange rate has the effect of countering the tariff by increasing the number of yuan generated by dollar denominated exports. Naturally there are more complex peripheral and ancillary effects that will be debated by economists until the end of time. The People’s Bank, for what it’s worth, claimed that the drop was “driven and determined” by market forces.<p>The yuan is now at its lowest point relative to the dollar since 2008.

The NASDAQ and tech stocks are now down for the sixth straight day. A man who at his inauguration spoke of “the end of American carnage”, and who touts his ability to conjure up stock market gains is now facing a serious problem, in addition to his legal and political woes.


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Update: Europe Markets Down, China Responds, Tariff-Man Threats Reverberate

Photo Montage / Lynxotic

Additional 10% Tariffs on $300 Billion will Commence September 1st…

Germany’s DAX down 2.5% while the Hang Seng Index loses 2.35% after Trump’s Tweets and Threats. China says they will respond in kind: “If the U.S. is going to implement the additional tariffs, China will have to take necessary countermeasures,” Hua Chunying, China’s Foreign Ministry spokeswoman said at a briefing in Beijing on Friday: “China won’t accept any maximum pressure, threat, or blackmailing, and won’t compromise at all on major principle matters…”

The DJIA was up more than 300 points on Thursday, when the announcement was made, then it ultimately ended the session down 280. The new tariffs are on the 300 billion in goods that have been, until this point, coming into the country without a toll. There are also 250 billion in Chinese goods that already have a 25% levy attached.

Recent trade negotiations in Shanghai concluded on Wednesday with little or no progress. Talks are scheduled to resume in September.

Speaking on July 30th, before reporters Trump speculated that China may be thinking of delaying a resolution until after the election in 2020, saying:

“They would just love if I got defeated so they could deal with somebody like Elizabeth Warren or Sleepy Joe Biden…. They’ll pray that Trump loses. And then they’ll make a deal with a stiff, somebody that doesn’t know what they’re doing like Obama and Biden, like all the presidents before.”

Donald J. Trump

Calling the tariff a “small additional levy” Trump also said in a series of tweets that China’s promise to buy large amounts of agricultural products from the US, was not kept.

While speaking to reporters this afternoon at the White House, he also threatened to lift the percentage to 25% and beyond, “But we are not looking to do that, necessarily”.

Products that will be included in this new batch of tariffed goods will be consumer electronics such as iPhones, toys and shoes, among other items.

There was some surprise noted, as the meetings and discussions in Shanghai appeared to end on a somewhat positive note, initially. Now, with this announcement, there is a sense of the talks having fallen short of any progress at all.

Fallout of the Trade War to Begin Hitting Home

Trump continues to claim that China will pay these levies, although studies have shown that the consumer in the US will ultimately pay through higher costs on all tariffed goods. The higher prices will also harm sellers in the US due to a reduced volume of sales.

While there is sill also a lot of “carrot” talk, how the negotiations can also take a turn for the better at any time, coming from both sides, it does not appear that there is much substance to be gleaned from these pronouncements.

Since the percentage of some of the products that will be affected, such as toys, include as high as 85% currently coming from China, these tariffs can have a substantial effect on the marketplace.

Also, possibly unintended beneficiaries to the trade war are neighboring countries such as Vietnam and Cambodia, that are already showing signs of increased activity due to the shifting of origin of manufacturing to those countries in order to avoid the levies.

Tariff-man is staying true to his self-given moniker and in September, as the next wave hits, it is yet to be seen what the economic effects will be, either in China or here in the US.


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NYC Blackout Sunday Night Affects 50k as Hopes Rise for the Heat Wave to Subside

photo credit: Reuters

A week and a day after the metropolis endured a blackout affecting hundreds of thousands due to a transformer fire, another power outage has affected up to fifty thousand throughout Brooklyn, Queens and The Bronx

Those affected lost power at around 6pm, with the heat level still at over one hundred degrees, and the cause was said to be “strain” and equipment failure.

All of this, after a weekend of record high temperatures across the eastern US and Midwest. The blistering barrage was felt as far west as Texas and north to Canada and even Alaska. The Great Lakes region and as far as Colorado and Kansas have been affected

Fortunately, with rain in the forecast by tomorrow the record highs are expected to subside, for now.

https://twitter.com/BriellaTReports/status/1153109094615736320

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Heatwave Hits Hard Across East and Midwest: Precautions and Predictions

After Hellish Weekend Worst Should Abate Next Week

Practically the entire east coast and most of the Midwest are sweltering in an intense humidity enhanced wave of record temperatures.

Large outdoor events such as festivals and even the NYC Triathlon were cancelled. A heat emergency was declared in Boston, anticipating a rise in heat related health and safety issues.

They are taking this seriously in New York, and have set up 500 “cooling centers” around the city.

Also in NYC, after various electricity related problems and the blackout last weekend, the 5 boroughs are on edge with massive demand from air conditioning and cooling appliances expected to stress the system further. Washington D.C. and Chicago are anticipating the same dangers to their systems due to the high demand.

Man is refreshing himself in Public square under summer high temperature with Fire hydrant water

The blistering barrage is being felt as far west as Texas and north to Canada and even Alaska. The Great Lakes region and as far as Colorado and Kansas are also being affected

The entire weekend is expected to remain hot, with possible relief coming as soon as Monday, as many areas of the US are expecting rain to start the work week ahead.

The wave is being seen as a worsening of summer extremes related to the climate crisis. After France and Europe experienced all time record high temperatures and even the arctic seas are being monitored at unheard of temps.

To Stay Cool, The Key is to Fight Back with Awareness: A Few Tips to Reduce the Danger

Stay Out Of It

This is obvious and sometimes not possible if you work outdoors, but it is important to alter your routine and stay low. Simply avoiding the heat by staying indoors or maximizing shade will at least reduce the temperatures that you are exposed to. If you are stuck in a place that is oppressively hot you can at least try to work with your body to stay cool.

Hydration

Water is paramount and this is the most obvious way to help your body stay cool. Iced peppermint tea can also give a cooling lift.

Homemade AC

A throwback to days before widespread electricity, a makeshift “swamp-cooler” can be devised using pre-frozen filled plastic water bottles on the floor in front of a fan.

Nighttime Tricks to Sleep Cool

Cooling your bed and your body before bed can help enhance your rest during the stress. The so-called “Egyptian Method” uses cold water sprinkled on sheets before laying down to help your body fight back. The new twist on this is to take your folded sheets and put the I’m the freezer for 30 minutes before laying them out.

Beware of Baking Car Interiors

Cars are heat collectors and generators, unless necessary, it’s better to stay our of them, naturally the AC is a natural attraction, but the heat all around the car will rise and inside, without ac will likely be hotter than the surrounding temps. Obviously, leaving pets or children (!) in a parked car is a recipe for disaster.

If You are Out In it or have Special Health Issues, Get Help

Big cities have emergencies “Cooling Centers” set up and across the country city governments and city service workers are on alert to help those in need. If we stick together and reach out to lend a hand we’ll all make it cool into next week, when the temperatures are expected to come down.


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