Tuesday, August 15, 2023

Does David McCormick live in Pennsylvania? by Julia Terruso

McCormick is a top likely Senate candidate who splits his time between Connecticut and Pennsylvania. What are his ties to the state?

 

David McCormick’s ties to Pennsylvania are again in the spotlight as he prepares for a widely expected second run for U.S. Senate.

The former hedge fund manager moved from Connecticut to Pennsylvania to run in the 2022 Republican primary, which he narrowly lost to celebrity doctor Mehmet Oz. But he still spends a good deal of time in Connecticut, the Associated Press reported this week, prompting attacks from Democrats eager to repeat an offensive that worked well against Oz last year and ardent defenses from Republicans, who are encouraging him to run.

 

McCormick, 56, faced some scrutiny over moving here to run in the last Senate election, which had several transplants. Oz had moved from New Jersey to run, and Carla Sands, former ambassador to Denmark, was from California. McCormick arguably had the most direct claim to Pennsylvania of the three, having lived here for the first 30 years of his life.

But now, as McCormick prepares a likely second run, with a currently clear GOP primary field, questions over his ties to Pennsylvania could create campaign hurdles similar to Oz, who struggled to bat back attacks from Democrats that he was a wealthy, out-of-touch outsider who didn’t understand Pennsylvanians.

McCormick has residences in Connecticut and Pennsylvania

It’s clear McCormick spends time in both Pennsylvania and Connecticut, where his daughters attend high school. The Associated Press reported this week the balance seems to fall far more heavily on Connecticut’s Gold Coast, an affluent stretch 50 miles from New York that is home to many wealthy Manhattanites.

McCormick rents a $16 million mansion in Westport overlooking Long Island Sound. The six-bedroom, nine-bathroom, two-acre estate has a 1,500-bottle wine cellar, an outdoor fireplace, and a hot tub overlooking the waterfront.

 

In January 2022, McCormick sold his $6.5 million home in Fairfield, Conn., and bought a $2.8 million home in Pittsburgh’s Shadyside neighborhood ahead of the GOP primary that spring. McCormick didn’t get a homestead tax exemption on the Pittsburgh home, though, a break typically used for a person’s primary place of residence, the AP noted. He voted at his Pittsburgh precinct in both the 2022 primary and general elections, according to the Pennsylvania voter roll.

McCormick’s Connecticut address has appeared on documentation as his home address, including on paperwork related to the sale of his $13 million condo on the Upper East Side. McCormick has also done several Zoom interviews from the house.

 

He’s been around Pennsylvania, too. McCormick attended frequent GOP events in Pennsylvania in the last year, promoting his book and gearing up for his campaign.

“The son of two Pennsylvania public school teachers, David McCormick lives in the commonwealth & has spent the majority of his life in PA, coming from humble roots, graduating from public schools, and later raising his young family and creating jobs in Western Pennsylvania,” his spokesperson Elizabeth Gregory said in a statement. “And to smear him as a private citizen because he also spends time where his daughters go to school now is disgraceful.”

He grew up in Western Pennsylvania

McCormick was born in Washington, Pa., and grew up in the Pittsburgh area, including on his family’s Christmas tree farm in Bloomsburg. His dad is the past president of Bloomsburg University and was also a chancellor within the Pennsylvania State System of Higher Education.

In 1987, McCormick graduated from West Point. He was part of the first wave of U.S. troops sent into Iraq during the first Gulf War, where he led an engineering company of 130 soldiers clearing minefields. McCormick left the service in 1992 after five years and enrolled in a PhD program at Princeton.

 

His career in finance started in Pittsburgh in 1996 as a consultant at McKinsey & Co. From 2005 to 2009, he served in President George W. Bush’s administration.

McCormick talks about his upbringing in Pennsylvania frequently and aired campaign ads in 2022 highlighting his Keystone State roots. He also launched a super PAC last year to help GOP candidates in Pennsylvania.

His other real estate holdings

McCormick and his wife had between $24 million to $120 million worth in various city homes, farmland, and rental properties as of last year’s statement of financial interest.

He and Oz poured significant personal wealth into their campaigns last year, and the two candidates’ riches defined the Republican primary. If either had been elected, they would have been the wealthiest person ever to represent Pennsylvania in the Senate.

In addition to the Pittsburgh home, public property records show McCormick and his wife purchased a Dallas condo in 2021 for $4.1 million. They described it as an investment property on the statement of financial interest, along with a Colorado ranch worth between $5 million and $25 million.

McCormick also owns his family farm in Bloomsburg, where he grew up, valued now at $1 million to $5 million. Public records show he has significantly expanded it over the years by buying up neighboring land. McCormick’s 2022 campaign said he has owned the farm for 10 years.

What are the residency requirements for running for Senate?

There are only three constitutional requirements for serving in the Senate: be at least 30 years old, a U.S. citizen for at least nine years, and “inhabit” the state you’ll represent at the time you’re elected.

McCormick — or anyone else — could theoretically run a campaign from Hawaii, and wait until just before Election Day to move to Pennsylvania and legally be eligible.

 

There’s no precise definition of what makes someone an “inhabitant” and no minimum time period attached to that designation. The Constitution’s framers, in fact, explicitly debated a time requirement and rejected the idea, according to the Congressional Research Service, Congress’ nonpartisan research body.

“There is a general (legal) presumption within the American democratic tradition that the whole of the adult citizenry are eligible to serve in political office, and anyone challenging such presumption of eligibility has the burden of proof,” CRS wrote in a 2015 report.

How might all this affect McCormick’s chances?

It’s unclear. McCormick still hasn’t officially declared his candidacy for the office yet, so it’s possible he’ll spend a lot more time in the state once the campaign is underway. And voters aren’t particularly tuned into the Senate race right now.

The amount of time McCormick spends in Pennsylvania is unlikely to be a factor in the GOP primary unless other serious candidates get into the race.

 

But Democrats are already seizing on an opening to attack McCormick over his dual-state residency and revive an offensive that worked well against Oz last year in parochial Pennsylvania. Oz struggled to quiet an onslaught of attacks from Sen. John Fetterman about being from New Jersey.

Fetterman on Monday retweeted a link to an article about McCormick’s residency alongside a viral video that he’d recaptioned: “That m*****f***** is not a Pa. resident.”

Oz had baggage McCormick won’t — like 20 years of hosting a daytime talk show with sometimes questionable medical advice and Hollywood connections that contributed to a negative impression among some voters that he was an opportunistic outsider.

Allegheny County GOP chair Sam DeMarco called any question of McCormick’s ties to Pennsylvania “ridiculous.”

“Dave is a Pennsylvanian who is laser-focused on helping Republicans win in Pennsylvania, and anyone who doesn’t see that hasn’t been paying attention,” he said.

“He’s raising money for candidates, speaking at events to generate enthusiasm, and having one-on-one conversations with Republicans all across the commonwealth about how to win this November.”

 

A central Kansas police force comes under constitutional criticism after raiding a newspaper

 By John Hanna and Margery A. Beck, Associated Press

 A small central Kansas police department is facing a torrent of criticism after it raided the offices of a local newspaper and the home of its publisher and owner.

 

MARION, Kan. — A small newspaper and a police department in Kansas are at the center of a dispute over freedom of speech that is being watched around the country after police raided the office of the local newspaper and the home of its owner and publisher.

Officials with the Marion Police Department confiscated computers and cellphones from the publisher and staff of the Marion County Record in the Friday raid, prompting press freedom watchdogs to condemn the actions of local authorities as a blatant violation of the U.S. Constitution’s protection for a free press. The police searches were apparently prompted by a complaint from a local restaurant owner, Kari Newell, who accused the newspaper of invading her privacy after it obtained copies of her driving record, which included a 2008 conviction for drunk driving.

Newspaper publisher and co-owner Eric Meyer maintains that the newspaper’s aggressive coverage of local politics and Police Chief Gideon Cody’s record are the main reason for the raids.

A search warrant tied Friday morning raids, led by Cody, to a dispute between the newspaper and Newell. She is accusing the newspaper of illegally accessing information about her and her driving record — a charge Meyer disputes. She also suggested that the newspaper targeted her after she ordered Meyer and a reporter out of her restaurant earlier this month during a political event.

 

“This is the type of stuff that, you know, that Vladimir Putin does, that Third World dictators do,” Meyer said during an interview with The Associated Press in his office.

Cody said Sunday that the raid was legal and tied to a criminal investigation.

The raids occurred in a town of about 1,900 people, nestled among rolling prairie hills, about 150 miles (241 kilometers) southwest of Kansas City, making the small weekly newspaper the latest to find itself in the headlines and possibly targeted for its reporting.

Last year in New Hampshire, the publisher of a weekly newspaper accused the state attorney general’s office of government overreach after she was arrested for allegedly publishing advertisements for local races without properly marking them as political advertising. In Las Vegas, former Democratic elected official Robert Telles is scheduled to face trial in November for allegedly fatally stabbing Las Vegas Review-Journal reporter Jeff German after German wrote articles critical of Telles and his managerial conduct.

 

Meyer said one Record reporter suffered an injury to a finger when Cody wrested her cellphone out of her hand during the raid of the newspaper. The newspaper’s surveillance video showed officers reading that reporter her rights while Cody watched, though she wasn’t arrested or detained. Newspaper employees were hustled out of the building while the search continued for more than 90 minutes, according to the footage.

Meanwhile, Meyer said, police simultaneously raided his home, seizing computers, his cellphone and the home’s internet router. He worked with his staff Sunday to reconstruct stories, ads and other materials for its next edition Wednesday.

Both Meyer and Newell have said they’ve fielded messages — and some threats — from as far away as London in the aftermath of the raids.

Newell said she threw Meyer and the reporter out of the event for Republican U.S. Rep. Jake LaTurner at the request of others who are upset with the “toxic” newspaper. On the town’s main street, one storefront included a handmade “Support Marion PD” sign.”

 

LaTurner’s office has not returned phone messages left since Sunday at his Washington and district offices seeking comment.

While Newell accused the newspaper of unlawfully seeking information on the status of her driver’s license, the newspaper countered that it received that information unsolicited, which it verified through public online records. It eventually decided not to run a story because it wasn’t sure the source who supplied it had obtained it legally. But the newspaper did run a story on the city council meeting, in which Newell herself confirmed she’d had a DUI conviction and that she had continued to drive even after her license was suspended.

A two-page search warrant, signed by a local judge, lists Newell as the victim of alleged crimes by the newspaper. When the newspaper asked for a copy of the probable cause affidavit required by law to issue a search warrant, the district court issued a signed statement saying no such affidavit was on file, the Record reported.

Cody, the police chief, indicated that probable cause affidavits were used to get the search warrants. When asked for a copy, Cody replied in an email late Sunday that the affidavits would be available “once charges are filed.”

 

Cody defended the raid on the newsroom, saying there is an exception to the federal requirement for a subpoena — not just a search warrant — to do so “when there is reason to believe the journalist is taking part in the underlying wrongdoing.”

Cody, who was hired in late April as Marion’s police chief after serving 24 years in the Kansas City police, did not give details about what that alleged wrongdoing entailed and did not respond to questions about how police believe Newell was victimized.

Press freedom and civil rights organizations have said that police overstepped their authority with the raids.

Both Meyer and Newell are contemplating lawsuits — Newell against the newspaper and Meyer against the public officials who staged the raid.

Meyer also blames the home raid for stressing his 98-year-old mother enough to cause her death on Saturday. Joan Meyer was the newspaper’s co-owner.

As for the criticism of the raid as a violation of First Amendment rights, Newell said her privacy rights were violated, and they are “just as important as anybody else’s.”

Sunday, August 6, 2023

f Trump Gets Convicted, Blame Ulysses S. Grant by Joshua Zeitz

When a federal jury in Washington indicted former President Donald Trump this week for his role in attempting to overturn the results of the 2020 election, it did so in part on the basis of 18 U.S.C. § 241, a statute dating originally to 1870, when President Ulysses S. Grant signed into law the first of three Enforcement Acts, aimed at ensuring that formerly enslaved people could freely vote, participate in politics and serve in public office.

Conservatives took umbrage at the use of Section 241, a century-and-a-half old law, to prosecute Trump. “Smith is charging Trump with a civil-rights violation … based on a post-Civil War statute designed to punish violent intimidation and forcible attacks against blacks attempting to exercise their right to vote,” the National Review editorialized. “What Trump did, though reprehensible, bears no relation to what the statute covers.”

 

And yet, it does. The Enforcement Acts, one of which was known also as the Ku Klux Klan Act, given its prime target, criminalized widespread attempts by former Confederates to deny Black Southerners their right to vote, to have their votes counted and hold office — rights they enjoyed under the Reconstruction Act of 1867, the 14th Amendment and soon, the 15th Amendment. Coming at a time when American democracy teetered on the edge, these laws gave teeth to the federal government’s insistence that no eligible voter could be denied the right to vote and have his vote counted. (At the time, only men could exercise the franchise.) The laws were a direct response to Southern Democrats’ efforts to abrogate the practical effects of the Civil War and nullify Black political participation and representation.

Today, American democracy stands once again at a crossroads. The refusal of many Republican officeholders to accept the outcome of a free and fair election, and Trump’s outright appeal to fraud and violence in an effort to overturn that election, are precisely the kinds of antidemocratic practices the Enforcement Acts were intended to criminalize and punish.

 

In the aftermath of the Civil War, Republican majorities in Congress — first overruling the veto of President Andrew Johnson, then with the approval of President Grant — passed a series of measures intended to secure the Union victory in the Civil War. In the immediate aftermath of the war, Southern states passed a series of “Black Codes” that sharply restricted the rights of freedmen to free speech, assembly, firearm ownership, religious worship and employment freedom. In response, Congress passed the 1866 Civil Rights Act, codifying these rights at the federal level, and the 14th Amendment, establishing fundamental civil rights for all Americans. When the South overwhelmingly refused to ratify the new amendment, in 1867 Congress placed the former Confederacy under military rule and stipulated that states would need to pass new constitutions extending the franchise to Black men before they could be readmitted to the Union.

For a time, it seemed to work. Coalitions of Black men and white Republicans ratified new state constitutions extending the franchise to men regardless of race, and throughout the South, Republicans came to control a majority of state and federal offices. So-called Reconstruction state governments instituted a range of reforms, including expenditures on public education, sanitation, health and welfare and public infrastructure — programs that had been sorely lacking in the Old South.

But if they enjoyed working majorities in many places, Black and white Republicans still incurred the wrath of white Democrats, who employed a full range of tactics to “redeem” their states. In coordination with paramilitary groups including but not limited to the Ku Klux Klan, Democrats attempted to restore white-only rule through violence and fraud, and they effectively dared Republicans in Washington to do anything about it.

In Alamance County, North Carolina, the Klan and White Brotherhood initiated a wave of terrorism against Black and white Republicans, whipping prominent activists in their front yards for their families and neighbors to see, raping the wives of Republican Party loyalists and sexually mutilating men. In 1867, they dragged a prominent Black political leader away from his family and lynched him in front of the local courthouse, hanging a sign that read: “Beware you guilty black and white.” In neighboring Caswell County, they publicly murdered a Black politician, raped an unrelated Black woman and “afterwards stuck their knives into various parts of her body.”

 

Violence was one mechanism for seizing control of local or state governments. So was fraud or political trickery. When Democrats wrested control of the state Legislature in Georgia in 1868, they voted to oust all Black members, effectively creating for themselves a supermajority. They relied on the waning enthusiasm of Republican moderates in Washington for military occupation and federal control over local matters — moderates like Senator Lyman Trumbull, once a committed radical, but now reluctant to see the national government “usurp unauthorized power.”

Republicans on the ground in the South, including white Republicans like Senator Willard Warner of Alabama, lamented “a want of confidence, a lack of faith in the reconstruction of these states” on the part of national Republicans. Amos Akerman, a one-time Confederate officer who after the war became a Republican in both party and principle, observed that the Reconstruction amendments to the Constitution made the country “more national in theory” but worried that “even among Republicans, a hesitation to exercise the powers to redress wrongs in the states” would reverse the gains of the war.

But faced with increased violence, and with the prospect that white Democrats would soon not only wrest control of state governments, but also come to enjoy the same dominance over the federal government they held in the antebellum period, Congress passed the 1870 Enforcement Act. The new law cracked down on the Klan, to be sure (one provision made it illegal for more than two people to travel together while masked), but also made it a federal crime to “conspire to injure, oppress, threaten, or intimidate any person” to deprive people of their right to vote and have their votes counted. Its provisions covered everything from outright violence to more workaday crimes like bribery and ballot stuffing.

The Grant administration invoked the Enforcement Acts in a massive crackdown on the Klan. But by the mid-1870s, as the North effectively abandoned Reconstruction, the laws gathered dust, leaving white Democrats wide ground to impose Jim Crow rule throughout the South. The laws became a relic of a fleeting moment when the government in Washington seemed committed to a national standard for democratic self-governance. It would take another 100 years for the nation to finish the project of Reconstruction, and when it did, dormant laws and amendments dating from the 1860s helped provide the legal underpinning for this project of democratization.

 

In the days to come, Trumps’ defenders may claim that the 1870 Enforcement Act is antiquated and obsolete or, as the National Review argued, irrelevant to the case in hand.

In fact, as the Washington Post recently documented, while the act was precipitated by Klan violence in the 1860s, throughout the 20th century and even in more recent times, “Section 241 has also been used to prosecute a wider range of election subversion, including threatening or intimidating voters, impersonating voters, destroying ballots and preventing the official count of ballots.” That includes its use to prosecute white people who terrorized civil rights volunteers during the 1964 Freedom Summer in Mississippi and in cases involving election interference in states like Oklahoma, Tennessee and Kentucky. In other words, it is hardly what legal observers call a “strange law,” or a law still on the books but no longer relevant or enforceable.

Moreover, the acts of which Trump stands accused of committing are precisely what the Enforcement Act was intended to combat. Nullifying the votes of citizens. Fraudulently submitting fake elector slates. Attempting to intimidate state officials into falsifying returns. Bullying a vice president into discarding the official election count. And yes, inciting violence in the furtherance of overturning a free and fair election.

Our system presumes that a defendant is innocent until proven guilty. It is now incumbent upon the Department of Justice to make its case. But the shameful events of late 2020 and early 2021 only reinforce the lasting relevance and importance of the 1870 Enforcement Act, a law constructed to meet challenges that, a century and a half later, still hang over America’s fragile democracy.

The Coming Enshittification of Public Libraries by Karawynn Long

Global investment vampires have positioned themselves to suck our libraries dry

 

As a hyperlexic child, I read the way other people breathed — constantly if allowed, desperately if thwarted. As an adult, books are still only slightly less necessary to me than air. I read over a hundred of them every year — many times more books than a permanent member of the precariat like myself could ever afford to buy.

I love libraries because time and again, they have been my literal lifeline. As an abused child and as a financially insecure adult, library access to books has often kept me this side of suicidal levels of despair. The thought of anything threatening public libraries makes me ready to fight someone with my actual teeth.

Never have libraries in the United States been more threatened than they are right now. There are politicians across the country banning thousands of books and making it illegal for minors to access library materials.

But there’s another threat to libraries looming that I haven’t seen anyone else talking about: capitalist enshittification.

 

“Enshittification” is a great word, in part because it seems self-explanatory: it’s the active process by which a thing that used to be good deteriorates into utter crap. (It’s also great because, you know, <gestures at the entire world> zeitgeist.)

But if you’ve been using the word in a broad sense without being aware of the precise context it was coined to describe, you’re missing out on an important insight.

Here is how platforms die: first, they are good to their users; then they abuse their users to make things better for their business customers; finally, they abuse those business customers to claw back all the value for themselves. Then, they die.

I call this enshittification, and it is a seemingly inevitable consequence arising from the combination of the ease of changing how a platform allocates value, combined with the nature of a “two sided market,” where a platform sits between buyers and sellers, holding each hostage to the other, raking off an ever-larger share of the value that passes between them.

That’s from an essay by Cory Doctorow, in which he goes on to use the examples of Amazon and Facebook to demonstrate exactly how corporations have successfully run the enshittification playbook, making themselves heaps of money while screwing over everyone else. If you haven’t read it, please go do that now, because everything I’m going to say next is built on an understanding of that recurring pattern.


Okay, so. If you’re a rapacious corporation looking to make a killing with this particular capitalist bait-and-switch playbook, the first thing you do is identify a middleman position: between buyers and sellers, consumers and advertisers, riders and drivers, readers and writers … basically any two groups who want to find and interact with each other. Then you build a platform — a website, an interface, an app, whatever — and plop it down right there in that chokepoint between those two parties.

Whatever you build must genuinely improve things for the people and organizations on either side of the interaction … if it doesn’t, everyone will just ignore it, and it’s game over, you lose. So you start by building something useful and good. That’s the bait.

Then you work on attracting the people and organizations on both sides of whatever interaction or transaction you’re intermediating. Keep pulling them in — squashing or buying all competitors — until you have a functional monopoly, defined as “when the users of your platform are dependent upon it and have no reasonable alternative”.

At that point you (as the rapacious corporation) have no further reason to give a shit about anybody else. Now it’s time for the switch: start pulling as much money as you can from the parties whose interaction you’ve been facilitating. Most of the time that involves deliberately making your intermediating platform less useful and less good than it already is — for example, by removing an existing feature so that you can charge for it separately.

But so what? Enshittify as much as you want. It’s not like anyone’s got any other options left.


What does this have to do with libraries?

Well, if you use a public library in the United States or Canada, and you ever access their ebooks or audiobooks, you’re almost certainly familiar with the OverDrive platform or its mobile app Libby.

That’s because OverDrive, a private corporation, has a monopoly on managing the availability and distribution of ebooks and audiobooks for government-funded public libraries in North America. (I looked for exact current numbers, but turns out that would require the time and resources of a professional journalist.

Best I could do: as of December 2019, OverDrive controlled digital lending for “more than 95% of public libraries in the US and Canada”.)

For about a decade now, OverDrive has provided users with digital library access two ways: through its website (individual library portals hosted on overdrive.com) and its mobile apps (OverDrive and Libby). I’ve always gone the web route myself — at first because it was the only option, before the app was built; later deliberately avoiding the app in order to reduce the amount of surveillance data collected.

Which is why I noticed almost immediately when, at the beginning of May, an important feature disappeared from all OverDrive web portals: the ability to recommend a book to your library’s buyers.

Previously, if you searched for an ebook/audiobook your library did not offer, but which was listed in OverDrive’s extensive database,

that book would appear in a separate section at the bottom of your search results with an option to recommend it to your library. Similarly, searching an author name would pull up any titles which your library did not own, or which were scheduled but not yet released, again with option to recommend.

All of that functionality just vanished. Now, searching on a title or author not currently held by your library returns only the error “We couldn’t find any matches for [x].”

The rest of the page is blank.

This has nothing to do with availability — in fact, the search box autocomplete suggestions still reveal which titles and authors are in the distribution database, and therefore available for library acquisition. These titles, both backlist and preorder, are now being actively suppressed by OverDrive.

As an author with many author friends, I know that the publishing industry is structured such that preorders of new titles have an outsized impact on a book’s success, so the active removal of the ability to suggest them to my library was not just frustrating but alarming. I went digging to find out what had happened.

 

OverDrive really was not interested in making this easy, but eventually I turned up a help page — with the slantwise subject of “How to see title recommendations you’ve made to your library” — which mentions, as an aside, “The title recommendation feature is no longer available, but ... to express interest in titles your library doesn’t offer, you can add a ‘Notify Me’ tag in Libby instead.”

Okay, so at the very least, OverDrive is trying to force people away from the web and into their proprietary app, which probably means they’re trying to gather more surveillance data. Great. (I also learned that, simultaneous with disappearing the recommendation feature from the web portals, they’d withdrawn the OverDrive app, forcing those users to migrate over to the newer Libby app as well.)

Disgruntled, I downloaded Libby and tried to figure out how to “add a ‘Notify Me’ tag”.

Either their UI people are ridiculously bad at their jobs, or OverDrive doesn’t want users using this feature, very possibly because it doesn’t actually work.

To say this process was obfuscated would be underselling its obscurity. First of all, the only way to learn that such a tag even exists is to do a targeted search in Libby’s help, which (assuming you pick the right keywords) will lead you to this page.

Which in turn explains that in order to reveal the “Notify Me” tag option, you must first run a search, and then activate the “deep search” filter tag (!?!) in the search interface.

Because that is intuitive and makes total sense. I also note that the same page says those “Notify Me” tags “express interest in titles to your library” and are “anonymously shared with your saved libraries” ... but then also notes “Not all libraries offer this feature at this time.”

Which could mean any amount of library adoption from 99% to none; no way for any given library’s patrons to know if our suggestions are being received by the acquisitions staff, or falling into a black hole.

Also, once you’ve toggled the “deep search” filter in Libby and “Notify Me” finally appears, the tag only promises to do what it says on the tin: notify you if your library happens to acquire the title. No mention here of any kind of “recommend to library buyers” functionality.

So at this point, I’m like … either their UI people are ridiculously bad at their jobs, or OverDrive doesn’t want users actually using this feature, very possibly because it doesn’t actually work.

 

What, I wondered, did librarians think of this change to the book recommendation feature? I asked on Mastodon and got a few to weigh in.

None of them were in favor of the switch. One, Alex, called it “categorically worse, to the point that it's not actually useful … I’d rather have us switch completely to our still pretty bad purchase/ILL [Inter-Library Loan] workflow than use this new system.”

“From the library side, this change is a real downgrade,” responded Anne, a public librarian in Michigan. She added that the old system, which connected the recommendations to individual users, allowed libraries to factor in the number of other requests that same user had made. “Balancing those requests was an important part of the selection process,” she said, but the aggregated dump from the “Notify Me” recommendations hides that information.

I also learned that for libraries in a resource-sharing ‘consortium’ — which seems to be most small and mid-sized public libraries, as well as some large ones — the new system is functionally useless. It’s no longer clear which titles were requested by their own patrons, as opposed to the patrons of another library in the same consortium.

In order to get that information — which until May was freely available — each library now has to pay a separate fee for an “Advantage” account. And if they then purchase a book and want to share it with their consortium members, as before? Well, that requires an “Advantage Plus” account (and presumably a higher fee; OverDrive does not make their pricing public).

Anne also said that the backend interface in the former system was easier for libraries to use. “You could have the system generate a cart automatically, of titles your patrons had recommended,” showing the number of those requests per title. The replacement interface, she said, “is much more complicated.” Because patrons have no way of knowing about these backend changes, Anne worried that most would assume that “notify me” worked the same as “recommend to library,” and would end up “annoyed that the library seems to be ignoring their notify me tags.”

Or, because the purpose of the ‘notify me’ tag is so obscured and self-contradictory, the confusion might go the opposite way. Thane, a librarian in Illinois, mentioned that under the new system, “We’re getting way more notifications for titles,” but he suspected that was because “people are liberally using the notify tag without realizing that we’re using it as a signal to order.” He is also frustrated that he can no longer contact patrons directly to let them know the library offers the title on a different platform.

Can’t redirect users to another platform anymore? Gosh, how convenient for OverDrive.

 

This whole thing smelled like enshittification to me, so I kept digging, this time into OverDrive itself. Right away I saw that in June 2020, OverDrive was sold to global investment firm KKR.

With that sentence, my audience just divided into two types of people:

  1. the ones who (like me, usually) pay no particular attention to the world of “high finance”, don’t recognize the moniker, and so had zero reaction, and

  2. the ones like my friend who happens to be a business journalist at the New York Times, whose reaction as soon as I said “KKR” was the aural equivalent of the Munch scream emoji.

The private equity firm of Kohlberg Kravis Roberts, I quickly learned, was either the inventor of, or an early pioneer in, basically all the Shitty Business Practices: leveraged buyouts, corporate raiding, vulture capitalism. They’ve been at it since the 1970s and they’re still going strong.

 

KKR was the subject of the famous 1989 book (and subsequent movie) Barbarians at the Gate, in which a pair of investigative journalists from the Wall Street Journal detail what one Times reviewer called the “avarice, malice, and egomania” of KKR’s leveraged buyout of RJR Nabisco with “all the suspense of a first-rate thriller”. The ultimate result: KKR’s private equity barons raked in the cash, while thousands of employees were axed and consumer prices of RJR Nabisco products soared.

More recently, KKR teamed up with two other private equity firms to execute a leveraged buyout of Toys ‘R’ Us. They deliberately weighted down the company with a crushing level of debt in order to begin feeding on its profits; they sucked out half a billion dollars as the company staggered along for another dozen years. When Toys ‘R’ Us finally collapsed and died in 2018, the vultures flapped off, unconcerned, leaving 33,000 desperate workers unemployed and without severance.

Even in the world of investment capital, where evil is arguably banal, KKR is notoriously vile. They are the World Champions of Grabbing All The Money And Leaving Everyone Else In The Shit.

“In the popular imagination, private equity is often portrayed as a vulture, or some other scavenger that feasts on the sick and dying,” writes Hannah Levintova in Mother Jones. “But the bulk of the work done by modern-day private equity firms is not to finish off sick companies, but rather to stalk and gut the healthy ones.”

Calling them “vampire capitalists” would be more accurate.

Enshittified platforms are not an accidental outcome; they are just one of the inevitable dessicated corpses the vampires leave behind.

And these vampire capitalists currently have a chokehold on the digital catalogs of the public library systems of North America.


OverDrive, of course, does not want you to think they’re the bad guys (or owned and controlled by the bad guys). Their website makes a big deal of their “certified B Corp” status, which is supposed to ensure their “social responsibility”. I do not find this reassuring, for two reasons:

  1. The legal terminology around designated “benefit corporations” is full of vague and ambiguous language that doesn’t have any teeth. B corps agree to pursue a mission other than shareholder profit, but there’s no standard by which they can be required to actually achieve it. Even the strictest state laws require only that benefit corporations consider the impact of their decisions on other stakeholders (like customers and workers), after which they can go off and act as rapaciously as any other corporation.

  2. Any corporation can decide to abandon their B Corp certification without penalty at any point. Just look at Etsy, which loudly trumpeted its B Corp status as a marker of its “commitment to social responsibility” but dropped the designation as soon as it conflicted with shareholder interests. (Predictably, in the five years since, Etsy has been merrily enshittifying away, gouging ever more money from sellers with one hand while making the experience ever more frustrating for buyers with the other hand.)

As one library industry publication warned in advance of the sale to KKR, “This time, the acquisition of OverDrive is a ‘financial investment,’ in which the buyer, usually a private equity firm or other financial sponsor, expects to increase the value of the company over the short term, typically five to seven years.”

We are now three years into that five-to-seven, making it likely that KKR’s timeframe for completing maximum profit extraction is two to four more years. Typically this is accomplished by levying enormous annual “management fees” on the purchased company, while also forcing it (through Board of Director mandates) to make changes to its operations that will result in short-term profit gains regardless of long-term instability. When they believe the short-term gains are maxed out, the investment firm sells off the company again, leaving it with a giant pile of unsustainable debt from the leveraged buyout and often sending it into bankruptcy.

I don’t know what KKR’s exact game plan is, although gouging more money from libraries for a reduced feature-set is clearly part of it. I am certainly suspicious of the fact that they appear to be setting up to gather more user data than ever while passing on less of that data to libraries, their ostensible customers. For example, I can easily imagine OverDrive matching a bunch of the sort of general user data that many apps collect (location, age, message content, purchases, interests, etc.) to book- and reading-specific data from the Libby app and selling it to publishers — especially the deep-pocketed Big Five, who I suspect would leap at any chance to level the playing field between themselves and Amazon, which has its own giant consumer spy network full of proprietary data. (“Publishers: Partner with OverDrive to get catalog exposure and insights”, says the OverDrive website [emphasis added].)

But the one certain thing is that OverDrive, from its monopoly position, has begun the cycle of purposeful enshittification: making their platform worse for both libraries and their patrons with the sole aim of further enriching some of the most rapacious, amoral capitalists on the planet.

 

I love public libraries not just because of what they’ve done for me personally, but because they are little socialist oases in the capitalist desert hellscape of twenty-first century America.

Every extra dollar that KKR sucks out of libraries is another dollar they don’t have for buying books, or for librarian staffing, or for supporting any of the dozens of other small but important services that public libraries provide their local communities, like free access to computers and the internet. Some libraries that already struggle for funding might be starved out of existence.

The removal of the recommendation feature is the canary in the coal mine.

And if OverDrive goes belly-up at some point in the future, crushed by KKR’s leveraged debt, it’s going to take down access to the digital catalogs of nearly every public library in North America. Between now and then, I expect the user experience to degrade precipitously. The removal of the recommendation feature, I believe, is the canary in the coal mine.

In the short term, I would suggest that library patrons find out whether their library has an alternate book recommendation channel, outside of Libby, and use that instead. (Mine has a web form on the non-OverDrive portion of their website, which to my surprise was acknowledged by an actual human librarian, something that never happened when I was using OverDrive recommendation.)

In the long term … I don’t know. The biggest obstacle I see is neither patrons nor libraries, but publishers. Libraries ultimately have service goals, and some libraries already have a secondary platform (even if OverDrive is the dominant one by far). But corporate publishers have only profit goals, and I imagine OverDrive’s lure of a giant stream of marketing data would continue to be compelling, even if their monopoly was successfully broken.

Alternative platforms already exist: one promising place to start might be the Palace Project and the associated Palace Marketplace, which right now mostly seems to let libraries buy ebooks and audiobooks from indie authors, and access out-of-copyright classics. The company behind it, Lyrasis, is a 501(c)(3) nonprofit; that doesn’t mean it’s immune to mismanagement, but it’s a better legal framework than a for-profit B corp. And its board is teeming with actual career librarians, instead of one token librarian and a handful of investors and executives, like OverDrive. The Palace app is designed to combine content from multiple vendors, including OverDrive, which could help with transition. But the Palace Project so far has relationships with less than 5% of US libraries.

I don’t have a neat solution to the fact that OverDrive has a functional monopoly in the space, or that it’s now owned by vampires. All I know to do is point at the dead canary and yell as loud as I can.

I asked my reporter friend how I might go about getting a real journalist to write about it, and she regretfully advised me that she didn’t think it was a big enough story yet to get any professional interest. Once public libraries have actually been devastated by private equity, it’ll be a story.

It will also be too late.

 

 

Fact-Checking the Defenses of Trump After His Latest Indictment By Linda Qiu

Former President Donald Trump’s supporters have made inaccurate claims about the judge presiding over his case and misleadingly compared his conduct to that of other politicians.

 

Allies of former President Donald J. Trump have rushed to his defense since he was charged on Tuesday in connection with his efforts to overturn the 2020 election.

They inaccurately attacked the judge assigned to oversee the trial, baselessly speculated that the timing of the accusations was intended to obscure misconduct by the Bidens and misleadingly compared his conduct to that of Democratic politicians.

 

Here’s a fact check.

What Was Said

“Judge Chutkan was appointed to the D.C. District Court by Barack Obama, and she has a reputation for being far left, even by D.C. District Court standards. Judge Chutkan, for example, has set aside numerous federal death-penalty cases, and she is the only federal judge in Washington, D.C., who has sentenced Jan. 6 defendants to sentences longer than the government requested.”
— Senator Ted Cruz, Republican of Texas, in a podcast on Wednesday

This is exaggerated. Mr. Cruz is correct that Judge Tanya S. Chutkan, the trial judge overseeing Mr. Trump’s prosecution in the case, was appointed by President Barack Obama. While she has gained a reputation for handing down tough sentences to people convicted of crimes in the Jan. 6 riot, she is not the only federal judge who has exceeded prosecutors’ sentencing recommendations.

 Of the more than 1,000 people who have been charged for their activities on Jan. 6, 2021, about 561 people have received a sentence, including 335 in jail and another 119 in home detention, as of July 6, according to the Justice Department. Judges have largely issued sentences shorter than what prosecutors sought and what federal sentencing guidelines recommend, data compiled by NPR and The Washington Post shows.

 

Judge Chutkan ordered longer penalties in at least four cases, according to NPR, and appears to have done so more frequently than her peers. But other judges in Federal District Court in Washington have also imposed harsher sentences.

Those include Judge Royce C. Lamberth, appointed by President Ronald Reagan, who sentenced a man to 60 days in prison while the government had asked for 14 days. He sentenced another to 51 months, rather than 46 months, and another to 60 days, rather than 30.

 Judge Amy Berman Jackson, an Obama appointee, sentenced another defendant to 30 days, twice as long as the government recommendation. Judge Reggie B. Walton, nominated by President George W. Bush, sentenced a defendant to 50 days compared with the recommended 30 days. And Judge Emmet G. Sullivan, appointed by President Bill Clinton, sentenced a man to 60 days rather than 45 days

 Moreover, Mr. Cruz described Judge Chutkan’s appointment as “highly problematic” given her political leanings. But it is worth noting that in the Federal District Court in Washington, cases are randomly assigned — similar to how Judge Aileen M. Cannon, a Trump appointee, was randomly assigned to preside over the case involving Mr. Trump’s handling of classified documents after he left office.

 

What Was Said

“All of these indictments have been called into question because they come right after massive evidence is released about the Biden family. On June 7, the F.B.I. released documents alleging that the Bidens took in $10 million in bribes from Burisma. The very next day, Jack Smith indicted Trump over the classified documents kept at Mar-a-Lago. And then you go to July 26. That’s when Hunter Biden’s plea deal fell apart after the D.O.J. tried giving him blanket immunity from any future prosecutions. The very next day, Jack Smith added more charges to the Mar-a-Lago case. And now, just one day after Devon Archer gave explosive testimony about Joe Biden’s involvement in Hunter Biden’s business deals, Smith indicts Trump for Jan. 6.”

 — Maria Bartiromo, anchor on Fox Business Network, on Wednesday

This lacks evidence. Mr. Trump and many of his supporters have suggested that the timing of developments in investigations into his conduct runs suspiciously parallel to investigations into the conduct of Hunter Biden and is meant as a distraction.

But there is no proof that Mr. Smith, the special counsel overseeing the cases, has deliberately synced his inquiries into Mr. Trump with investigations into the Bidens, one of which is handled by federal prosecutors and others by House Republicans.

Attorney General Merrick B. Garland appointed Mr. Smith as special counsel in November to investigate Mr. Trump’s role in the Jan. 6 riot at the Capitol as well as the former president’s retention of classified documents. After Republicans won the House that same month, lawmakers in the party said they would begin to investigate the Bidens. (The Justice Department separately began an inquiry into Hunter Biden’s taxes and business dealings in 2018.)

 

Over the next few months, the inquiries barreled along, with some developments inevitably occurring almost in tandem. In some cases, Mr. Smith has little control over the developments or when they are publicly revealed.

The first overlap Ms. Bartiromo cited centered on an F.B.I. document from June 2020 that contained an unsubstantiated allegation of bribery against President Biden and his son, and on charges filed against Mr. Trump over his handling of classified documents.

 

Representative James R. Comer of Kentucky, the Republican chairman of the House oversight committee, issued a subpoena in May for the document. The F.B.I. allowed Mr. Comer and the committee’s top Democrat access to a redacted version on June 5. That same day, Mr. Comer said he would initiate contempt-of-Congress hearings against the F.B.I. director on June 8, as the agency was still resisting giving all members access to the document.

Two days later, on June 7, Mr. Comer announced that the F.B.I. had relented and that he would cancel the contempt proceedings. Members of the committee viewed the document on the morning of June 8, and Representative Marjorie Taylor Greene, Republican of Georgia, held a news conference that afternoon describing the document.

 

That night, Mr. Trump himself, not the Justice Department, announced that he had been charged over his mishandling of classified documents, overtaking any headlines about the Bidens. The department declined to comment, and the indictment was unsealed a day later, on June 9.

In the second overlap, on July 26, a federal judge put on hold a proposed plea deal between Hunter Biden and the Justice Department over tax and gun charges. Ms. Bartiromo is correct that a grand jury issued new charges against Mr. Trump in the documents case on July 27.

The timing of the latest developments in Ms. Bartiromo’s third example, too, was not entirely in Mr. Smith’s hands.

Hunter Biden’s former business partner Devon Archer was first subpoenaed on June 12 to testify before the committee on June 16. Mr. Comer told The Washington Examiner that Mr. Archer rescheduled his appearance three times before his lawyer confirmed on July 30 that he would appear the next day. Mr. Archer then spoke to the House oversight committee in nearly five hours of closed-door testimony on July 31. Republicans and Democrats on the committee gave conflicting accounts of what Mr. Archer said.

Mr. Trump announced on July 18 that federal prosecutors had informed him he was a target of their investigation into his efforts to stay in office, suggesting that he would soon be indicted. Mr. Trump’s lawyers met with officials in the office of Mr. Smith on July 27. A magistrate judge ordered the indictment unsealed at 5:30 p.m. on Aug. 1.

 

What Was Said

“All of the people who claim that the 2016 election wasn’t legitimate, all of the people who claimed in 2004, with a formal objection in the Congress, that that election wasn’t legitimate, and in fact, objected to the point where they said that the voting machines in Ohio were tampered with and that President Bush was selected, not elected — and not to mention former presidents of the United States and secretary of states, Hillary Clinton, Jimmy Carter and a whole slew of House Democrats who repeatedly led the nation to believe — lied to the nation, that they said Russia selected Donald Trump as president, that the election was completely illegitimate — all of that was allowed to pass, but yet, once again, we see a criminalization when it comes to Donald Trump.”
— Representative Michael Waltz, Republican of Florida, on CNN on Wednesday

This is misleading. Mr. Trump’s supporters have long argued that Democrats, too, have objected to election results and pushed allegations of voting malfeasance. None of the objections cited, though, have been paired with concerted efforts to overturn election results, as was the case for Mr. Trump.

Democratic lawmakers objected to counting a state’s electors after the elections of recent Republican presidents in 2001, 2005 and 2017. In 2001 and 2017, objecting House members were unable to find a senator to sign on to their objections, as is required, and were overruled by the vice president. In 2005, two Democrats objected to counting Ohio’s electoral votes. The two chambers then convened debate and rejected the objections.

In each case, the losing candidate had already conceded, did not try to overturn election results and did not try to persuade the vice president to halt proceedings as Mr. Trump is accused of doing in 2020.

Mrs. Clinton has said repeatedly that Russian interference was partly to blame for her defeat in the 2016 presidential election. But she is not accused of trying to overthrow the results of the election. Prosecutors have not detailed any involvement on her part in a multifaceted effort to stay in power, including by organizing slates of false electors or pressuring officials to overturn voting results.

 

What Was Said

“Indicting political opponent candidates during a presidential election is what happens in banana republics and Third World countries.”
— Representative Andy Harris, Republican of Maryland, in a Twitter post on Tuesday

This is exaggerated. Mr. Trump is the first former U.S. president to be indicted on criminal charges, but he is not the only presidential candidate to face charges in the United States and certainly not in the world.

 

Rick Perry, the former governor of Texas, was indicted in August 2014 and accused of abusing his power. Mr. Perry, who ran for president in 2012, had hinted that he would run again and set up a political action committee the same month he was indicted. He officially announced his presidential bid in 2015 but dropped out before a court dismissed the charges against him in 2016.

Eugene V. Debs, the socialist leader, ran for president behind bars in 1920 after he was indicted on a charge of sedition for opposing American involvement in World War I. He was sentenced in 1918 to 10 years in prison.

 

It is also not unheard-of for political leaders in advanced economies and democracies to face charges while campaigning for office. In Israel, Prime Minister Benjamin Netanyahu was indicted in 2019 on charges of fraud and bribery. After losing power, he returned to his post in November 2022 while still facing charges. In Italy, Silvio Berlusconi faced numerous charges and scandals over tax fraud and prostitution while he served as prime minister in the 2000s.

And in Taiwan, prosecutors said in 2006 that they had enough evidence to bring corruption charges against the president at the time, Chen Shui-bian. Mr. Chen remained his party’s chairman through parliamentary elections in 2008 as the investigation loomed over him, and he was arrested and charged that November.