Thursday, August 24, 2023

Lahaina Inferno Began After Firefighters Departed a ‘Contained’ Scene

Serge F. Kovaleski and Mike Baker
Wed, August 23, 2023 

The charred remains of a vehicle in the shoreline community of Lahaina, which was devastated by wildfires ten days prior, on the Hawaiian island of Maui, Aug. 18, 2023. 
(Bryan Anselm/The New York Times)

More than eight hours before a deadly fire swept through the Hawaiian town of Lahaina on Aug. 8, a small brush fire broke out on the edge of a residential neighborhood located a little more than 1 mile away from the town’s historic waterfront.

Firefighters spent hours dousing the blaze with water and carving boundaries around the burning fields with heavy machinery. They managed to keep the fire away from nearby homes, containing it to some empty plots of land.

Then came what could prove to be one of the key turning points in a disaster that became the deadliest U.S. wildfire in more than a century. With hurricane-force gusts still blowing over the fire site and the surrounding arid shrubbery, crews left the neighborhood. They were needed, officials said, at other locations.

Within an hour, residents and Maui County authorities said, the initial brush fire flared up again and roared down the hillside toward the ocean, destroying nearly everything in its path. This time, the fire swiftly grew out of control. The death toll has reached at least 115, and more than 2,000 structures were destroyed.

In interviews this week, several residents of the area near the original brush fire said they had worried about its return when the fire trucks left their neighborhood. The fire, driven by the wind, had thrown off copious amounts of embers into the dry grasses, some of them said.

“I was angry because they were leaving the area unattended,” said Juan Advincula, 58, who watched the initial efforts to put the fire out. “It was the winds, the dryness and the embers I was afraid of. Someone should have stayed.”

Soon after the fire crews departed, residents said, the fire restarted along the edge of the neighborhood and began rapidly churning down the hillside, casting embers in the grasslands and parched shrubbery.

Gov. Josh Green said in an interview that the fire had been “temporarily out” before it “burst anew.”

“I think there were just embers and wind,” he said.

Maui’s fire chief, Brad Ventura, said in a statement that crews had departed the scene of the first fire to help handle “numerous additional calls for service in other parts of West Maui,” mostly for downed power lines.

The initial fire began burning around 6:35 a.m. in an area more than 1 mile above the town’s central business district. Flames appeared to break out next to Lahainaluna Road in the area of a broken power line operated by Hawaiian Electric, video images show. The fire was already sweeping through dry grass as fire crews arrived on the scene, and it had grown serious enough that some residents were evacuated through thick smoke.

By 9 a.m., the fire department declared that the brush fire was “100% contained,” according to a county communiqué. The fire crews stayed on scene for several hours, monitoring the area, according to videos captured by residents.

Kimo Clark, who owns an excavation company, said that when he learned about the fire, which occurred in the neighborhood where his parents lived, he volunteered his company’s services to help. He said that he left the scene around noon, with firefighters thanking him for pitching in and saying that they did not need his services any longer.

“There was a little bit of smoke here and there, but it was pretty much out,” Clark said. “You cannot contain every piece of burning root and wood. It’s like coal. It would have to rain and flood to put all that out.”

Although the county has said from the beginning that the initial brush fire of about 3 acres was “100% contained” before firefighters left, that would not mean the fire was extinguished. “It means that firefighters have the blaze fully surrounded by a perimeter, inside which it can still burn,” the county said in a news release last week explaining the terms. “A fire is declared ‘extinguished’ when fire personnel believe there is nothing left burning.”

In his statement Tuesday, Ventura changed the county’s description of the early fire’s status, now calling it “extinguished,” with no smoke or heat. Crews left the scene at 2 p.m., he said.

But a woman who lives near the original fire location and declined to be identified because she was helping with the fire investigation said that the burned territory on the edge of the neighborhood still showed signs of heat later that afternoon, with smoke rising in small spots. She said the fire reignited next to her home around 2:45 p.m., and she dialed 911.

As the flames began to spread, some residents rushed to grab hoses to put out the blaze and other new hot spots, while others packed children into vehicles to flee the area. Fire crews raced back to the scene, but by then, the flames were well beyond containment, with winds pushing the fire toward the dense residential neighborhoods below.

“It was wind-driven. Big time. There were 60- to 80-mile-per-hour winds, and we don’t train for that,” said Bobby Lee, president of the Hawaii Fire Fighters Association. “It was a blowtorch, blowing sideways and pushing the fire house to house faster than anyone could extinguish it.”

Christopher Dicus, a professor who specializes in wildland fires and fuels management at California Polytechnic State University, said that a contained fire does not mean that it is fully controlled. Some personnel usually stay to monitor the aftermath, he said, but crews often depart the scene for the sake of cost savings or other duties.

Yet, a fire that seems to be extinguished can roar back to life unexpectedly, especially in strong winds, he said. He noted the 1991 fire that consumed thousands of buildings and killed 25 people in Oakland, California.

Experts had been warning in recent years about the growing wildfire risks in West Maui, a windy landscape filled with nonnative grasses that turn particularly flammable during droughts that are becoming more frequent.

All of these conditions created a dangerous and predictable fire risk, as warned on that day by the National Weather Service, which noted a hurricane offshore and powerful winds blowing over the ridge tops. Even before flames surfaced in Lahaina that morning, a brush fire had broken out near Kula, elsewhere on Maui.

Fire crews would have had to balance the risk that the powerful winds might reignite the morning brush fire against the need to use resources elsewhere. The firefighters association has estimated that about 65 firefighters are on duty on the island at any given time.

“We don’t have a lot of extra firefighters that can come across from, you know, Jersey or Pennsylvania,” Green said. “We have what we have. So the fire broke out again and spread to the town, and the town was dry. So the rest, of course, is tragedy.”

The governor said that the reignited blaze was out of control before firefighters could properly confront it — and quickly got worse.

The inferno was moving so fast, the governor said, that some fire trucks were caught in its path. “Two huge trucks were immediately consumed and melted,” he said. “Fire trucks melted.”

By the time the fire began surging through the central part of town, firefighters had encountered a new problem: The town’s water system was starting to collapse, leaving no water in the hydrants. Firefighters, some of whom lived in the town and lost their homes, had little power to stop the blaze at that point.

The state attorney general has said it will commission an outside investigation to examine the causes of the Lahaina fire and the efforts to combat it. The inquiry will most likely also look at the decision to leave the scene of the earlier brush fire — a decision that some residents are still debating.

Jay Ramos, who lives nearby and had to evacuate his family before fire crews returned, said the day probably would have unfolded much differently had the crews stuck around just a bit longer after the morning brush fire. But he said the island’s firefighting crews have always been quick to respond and did what they thought was right at the time.

“​​I don’t blame them at all,” he said.

But Aaron Arconado, 27, said he couldn’t help but think that the crews’ departure — from an area he said is known to have brush fires, on a day with so much wind — was the wrong decision. He said that he and his father were surprised as they watched the firefighters leave.

“I wish they had stayed longer because that could have changed things,” Arconado said. “And we would still have a town.”

c.2023 The New York Times Company

GM's Ultium Cells Battery Plant Has Been a Hotbed of OSHA Investigations

Nico DeMattia
Wed, August 23, 2023 

Photo | GM


The United Auto Workers Union (UAW) has been fighting for a new contract, with better safety protections and pay for its workers, at GM's Ultium Cells plant in Warren, Ohio for months. There have been multiple incidents regarding worker safety that are being investigated by the Occupational Safety and Health Administration (OSHA) at the Ultium plant, and the latest involved a dangerous chemical spill over the weekend.

According to The Detroit News, Ultium spokesperson Katie Burdette said that operations in the area are paused until a third-party company finishes cleaning and containing the leak. The black slurry that covered the ground is as hazardous as it looks, as it contains n-Methylpyrrolidone (NMP), a chemical used for dissolving polymer that contains battery materials like aluminum, lithium, and manganese.

While there's no federal exposure limit to NMP, the Environmental Protection Agency (EPA) says that NMP "presents an unreasonable risk of injury to health under its conditions of use." The California Department of Public Health (CDPH) says that NMP can affect the nervous system, cause fetal issues, and even lead to infertility.

Cadillac Lyric assembly

Ultium Cells reported the incident to OSHA, which has opened an investigation to find out what happened and how the company handled the incident. Add it to the list, as there were already five open OSHA investigations into the Ultium plant, making this one the sixth. And that's in addition to the five OSHA investigations that already closed, which resulted in three fines, totaling $31,078.


Why aren't Ultium workers protected by the same UAW contract as other GM plant workers? Because Ultium LLC is a separate entity that's owned both by GM and LG Energy Solutions. Previous union agreements don't apply to such joint ventures, which is something the UAW feels is intentional, so automakers can skirt master-labor wages, according to Bloomberg. GM disagrees, saying the joint venture was done to take advantage of LG's intellectual property.

Since existing UAW agreements with GM don't apply to Ultium workers, they aren't protected in the same way in case of injury. Thankfully, there are no known injuries from the chemical spill at the Ultium plant over the weekend. However, OSHA will continue its investigation into what caused the spill and what safety precautions are in place. At the same time, the UAW is continuing to fight for Ultium plant workers to have the same union protections as the rest of its members.
GM announces closure of Arizona IT Innovation Center, resulting in 940 job cuts

Jamie L. LaReau, Detroit Free Press
Updated Wed, August 23, 2023 
General Motors is cutting 940 salaried jobs as it closes its Arizona IT Innovation Center at the end of October.

The news comes almost a week after the automaker said it gave notice to about 200 engineers elsewhere that their positions were being eliminated.

On Wednesday, GM notified the 1,029 nonunion employees at the Arizona IT Innovation Center of the decision to cut most of the jobs there, followed by a companywide email, which was obtained by the Detroit Free Press.


General Motors will close its Information Technology innovation center in Chandler, Arizona at the end of October cutting about 940 jobs.

"Today we announced the difficult decision to cease IDT (information and digital technology) operations at the Arizona IT Innovation Center at the end of October. This decision was not an easy one, but it will help to optimize our innovation center footprint and gain the efficiencies and effectiveness we need to have to continue to support the company," wrote Stacy Lynett, GM's vice president of Information and Digital Technology.

Lynett wrote that all information and digital technology jobs are being eliminated at the center to streamline operations so that GM can focus on its growth areas, which she did not further explain. Those employees who lose their jobs can apply for other openings at GM, she wrote, and GM will provide outplacement support. Those with at least one year with the company will be eligible for a severance package, she wrote.

GM spokesman Kevin Kelly confirmed the cuts, saying that some of the employees at the center who work on vehicle software will remain in their jobs. The rest, about 940, will be let go. The closure is not for cost-cutting purposes, he said, but rather to streamline efficiencies.

"We're rationalizing the number of IT innovation centers we have in the country," Kelly said. "We're keeping the other three. But as we look at efficiencies there were some redundancies and that's why we decided to remove one of the centers."

The Arizona center, located in Chandler, about 5 miles southeast of Tempe, opened in 2014, according to GM's website. It "supports GM’s IT needs including web technologies, end-user applications, dealer and factory systems and vehicle technology," the website said.

GM’s three other IT centers are in Warren, Michigan; Austin, Texas, and another in suburban Atlanta.

The move comes after GM had been expanding its presence at the Chandler center. In a post on the city of Chandler's website in February 2022, it noted GM was looking to hire several hundred employees for software-based positions at the center saying, "GM selected Chandler in part for its strong local workforce when it opened the site in 2014, and the company has found success recruiting from area universities, as many of the available positions are entry level."

Lynett said in the email that GM will be formulating a plan to transition some of the work that was being done at the Arizona IT Center to other centers.

"As we continue reshaping the organization, we will be working with individual leaders on a plan to transition the work and knowledge," Lynett wrote in the GM email. "This includes realigning teams and updates to employees with a leader in Arizona. I am confident that together we can determine how to continue to deliver our most critical initiatives."

Hawaiian Electric Engages Guggenheim in Wake of Maui Wildfire Suits
GUGGENHEIM SECURITIES NOT THE GUGGENHEIM ART GALLERY

Reshmi Basu, Mark Chediak and Rachel Butt
Tue, August 22, 2023



(Bloomberg) -- Hawaiian Electric Industries Inc. said it is seeking advice from various experts, including Guggenheim Securities as it takes steps to determine the fallout from the deadly wildfires in Maui.

“We are seeking advice from various experts as we position HEI and Hawaiian Electric to be the strong, financially healthy local utility that the people of Maui and Hawai‘i need over the long term,” the company said a statement. “One of those experts is Guggenheim Securities, and their deep experience working with other utilities will be invaluable as we move forward.”

A representative for Guggenheim declined to comment. Reorg earlier reported on the mandate.

Numerous lawsuits have been filed alleging that the utility’s power lines ignited the fires which destroyed much of Lahaina, Hawaii earlier this month. The potential liabilities could reach almost $4 billion if the utility is deemed negligent, according to investment research firm Capstone LLC.

Hawaiian Electric Industries owns Hawaii’s main utility, which provides power to 95% of the state’s population. It also owns the regional American Savings Bank.

The company has been cut to junk by all three major credit ratings firms, with Fitch Ratings estimating that potential liabilities may top $3.8 billion, “representing an existential threat to the company.”
'ChatGPT Does 80% Of My Job' — How AI Enables People To Work Second And Third Jobs

Jeannine Mancini
Tue, August 22, 2023 


A new breed of overemployed workers has emerged, turning to artificial intelligence (AI)-powered language models like ChatGPT to handle a significant portion of their job responsibilities.

"ChatGPT does like 80% of my job," stated one worker, while another, currently holding down four robot-performed jobs, says, "Five would be overkill."

As the popularity of AI-powered tools like ChatGPT continues to soar, concerns are growing about the impact on the global job market. With the potential for jobs to be automated and replaced by chatbots, experts are warning of a possible future where human workers become obsolete.

In combination with other AI tools like ChatGPT, RAD AI is helping marketers become more efficient and effective in their work. By using RAD AI, marketing professionals can quickly identify trends, understand consumer behavior and optimize campaigns for maximum impact.

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But a small group of savvy people are using these tools to the max. These fast-thinking go-getters are finding ways to use AI technology to take on multiple jobs — without their employers suspecting a thing. While many may view this as a negative trend, for those who are successfully exploiting AI, it's a golden opportunity not to be missed.

With the onset of the COVID-19 pandemic and the subsequent shift to remote work, a group of workers took advantage of the newfound flexibility and dubbed themselves the "over-employed." These savvy individuals found ways to juggle multiple jobs simultaneously, capitalizing on the increased flexibility that comes with working from home.

One of those people is Ben (his real name was changed for privacy), a financial technology marketer in Toronto who was initially skeptical about the idea. He became intrigued after learning that one of his friends was able to pull it off. But the challenge for Ben was that his job involved a lot of writing, making it seemingly impossible for him to work two jobs at once.

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Inspired by the success of his friend and armed with the knowledge of AI's capabilities, Ben began to explore the possibilities of working multiple jobs using ChatGPT. He and his colleagues quickly realized that ChatGPT could be used to quickly locate information and generate written materials, saving them valuable time. This gave Ben the idea of using ChatGPT to take on a second job. And to his delight, he was successful in doing so earlier this year — even using the AI chatbot to write his cover letters while applying.

According to Ben, the recent release of GPT-4, an even more advanced version of the AI, has made his job easier.

"I can just tell it to create a story, and it just does it for me, based on the context that I gave it," he said. But he still needs to tweak the text occasionally, as AI can make mistakes.

While some may worry that these advancements in AI will lead to widespread job displacement, Ben and other workers believe their expertise is still necessary to ensure the accuracy of the text generated by the AI.

To make messages to his manager look like they were written by a busy worker, Ben uses ChatGPT to write them in lowercase letters. Another employee even uses AI to transcribe Zoom meetings, allowing them to multitask and review notes later.

Mateo G., a 30-year-old from North Jersey who works on the administrative side of food and beverage production, has been talking about his covert use of ChatGPT on the job. And the best part? His boss has no idea.

According to a report from the New York Post, Mateo recently came to the rescue of his entire department when corporate officials hounded his supervisor for a massive spreadsheet project. The task would have taken weeks to complete, but with the help of ChatGPT, Mateo was able to quickly and efficiently deliver a flawless project ahead of schedule.

The prevalence of ChatGPT in the workplace is becoming apparent as more professionals use it on the job — and many do so without their bosses knowing. According to a February poll by the professional social network Fishbowl, 68% of ChatGPT users keep their usage discreet.

For instance, Joël Kai Lenz, 27, a corporate writer based in London, admits to using ChatGPT's time-saving properties but keeps his usage under wraps.

"I wouldn't go out and scream it from the rooftops," Kai Lenz said, adding that he avoids the topic when clients inquire about how he completes his work so quickly.



Esmark Says It Will Not Make Takeover Bid for US Steel

Joe Deaux
Wed, August 23, 2023 


2 / 2

Esmark Says It Will Not Make Takeover Bid for US Steel


(Bloomberg) -- Steel distributor Esmark Inc. has changed its mind on buying United States Steel Corp., citing union support for a rival bid from Cleveland-Cliffs Inc. for the sudden turnabout.

The reversal is the latest twist in a frantic 11 days that has seen US Steel unexpectedly announce it was exploring strategic alternatives, its rejection of a $7.25 billion offer from Cliffs, and the United Steelworkers union coming out and exclusively supporting Cliffs’ bid. The battle over the iconic American steelmaker has fixated investors, producers, consumers and analysts that gathered in Atlanta this week for the industry’s biggest conference in North America.

Esmark said in an emailed statement Wednesday that it wouldn’t participate in the purchase process for US Steel, with the closely held company saying it “respects” the USW’s support of Cliffs. The statement comes nine days after Esmark made a surprise offer to buy US Steel for $7.8 billion in cash, trumping Cliffs’ earlier bid.

Shares of US Steel fell as much as 3.2% after Esmark’s statement. The stock settled 2.2% lower at $31.32 as of 4:15 p.m. in New York.

“The USW was our partner in the successful acquisition of Wheeling Pittsburgh Steel, and we remain close with them,” Jim Bouchard, Esmark chairman and CEO, said in the statement. “Esmark had previously stated its intention to bid for, and negotiate a purchase with, US Steel,” he said, adding that Esmark respects the USW position.

Esmark’s unexpected offer on Aug. 14 sent steel market participants scrambling to learn more about the service center and its CEO. The company’s announcement of an offer was light on details for investors and included a lengthy biographical section about Bouchard, 62, that included personal accolades stretching back to his high school days.

Skeptical Analysts


Shares of US Steel never touched the $35-a-share offer by Bouchard, and multiple analysts went public expressing skepticism of his bid. BNP Paribas even wrote in an Aug. 17 note to its clients that it didn’t believe Esmark’s offer was credible. “Inconsistencies in the press release, the absence of SEC filings and an unusual interview from the CEO are also leaving us dubious,” BNP said in its note.

The most recent developments between US Steel and Cliffs have centered on the Steelworkers’ right to bid for the Pittsburgh-based producer in the event that the company is presented with a “bona fide” takeover offer. US Steel said Tuesday in a filing that it sent a letter to its union workers regarding the strategic review process announced earlier this month, informing them of rights outlined in last year’s labor contract. Hours later, Cliffs submitted a filing indicating it sent US Steel a letter saying the company is obliged to inform the steelworkers and Cliffs of any proposals received.

“Let’s see what happens next,” Bouchard said in a text message to Bloomberg News.

Wednesday, August 23, 2023

Apollo Sued Over $570 Million Payout Tied to Leon Black Departure

Jef Feeley
Wed, August 23, 2023


(Bloomberg) -- Apollo Global Management was sued by an investor seeking information about $570 million in payments the private equity firm made to founders Leon Black, Josh Harris and Marc Rowan after Black’s ouster over his ties to sex offender Jeffrey Epstein.

The Anguilla Social Security Board filed a lawsuit on Aug. 17 that was unsealed yesterday in Delaware Chancery Court. The pension fund asked for an order requiring Apollo to produce records explaining why the three received the payments as part of a restructuring effort in the wake of the Epstein scandal.

“The process leading to the challenged payoff was rife with conflicts and procedural unfairness,” lawyers for the Anguilla fund said in the 83-page complaint filed in Delaware Chancery Court. “It is far from clear what the justification for the $570 million payment was.” The fund’s suit was first reported by the Financial Times.

Black has continued to be in spotlight over his ties to Epstein even after his 2021 Apollo departure. He sued Harris and several other people alleging they conspired with Russian model Guzel Ganieva to destroy his reputation with allegations of rape and abuse. A judge dismissed that suit last year. Black last week sued the law firm that previously represented Ganieva and has brought claims by two other women who claim the Apollo co-founder assaulted them inside Epstein’s New York mansion.

Black has admitted paying Epstein $158 million for tax and financial services but has denied knowing of his sex crimes.

Apollo didn’t immediately respond to a request for comment about the Anguilla fund’s suit seeking books and records. Such cases are frequently filed in Delaware to gather ammunition for later lawsuits.

Black stepped down as chairman of Apollo in March 2021, amid growing scrutiny of his ties to Epstein and the allegations by Ganieva. An explosive lawsuit by the model, with whom Black said he had a consensual relationship, was dismissed in May.

According to the Anguilla fund’s suit, Apollo officials said they agreed to pay the $570 million in payments to cover the founder’s tax liabilities as part of the reorganization following Black’s departure.


“Apollo publicly disclosed virtually nothing about the challenged payoff, the process leading to it, or the reasons for it,” attorneys for the Anguilla fund said. “An independent third party acting at arm’s length would not have paid Black and his co-founders any number approaching $570 million.”

The case is Anguilla Social Security Board v. Black, 2023-0846, Delaware Chancery Court (Wilmington).

(Updates with details from complaint, background.)

Most Read from Bloomberg Businessweek
Climate change could bring year-round heatwaves: UN researcher

Nina LARSON
Wed, August 23, 2023 

Extreme heat has dominated the headlines in recent weeks (Angelos Tzortzinis)

As Europe and other regions swelter, a UN researcher cautioned that climate change was enabling increasingly intense and long-lasting heatwaves, which in some areas could soon begin to hit year-round.

Extreme heat has dominated the headlines in recent weeks, from the current "heat dome" cooking much of Europe, to heat-fuelled wildfires raging in Greece, Spain, Canada and Hawaii, and soaring temperatures in the middle of the South American winter.

Heatwaves are beginning earlier, lasting longer and becoming more intense, John Nairn, a senior extreme heat advisor at the UN's World Meteorological Organization (WMO), told AFP in an interview.

"It's the most rapidly emerging consequence of global warming that we are seeing in the weather systems," he said, stressing that this was in line with scientific predictions.

"People are far too relaxed about the signs," he lamented.

"The science has been saying this is coming your way. And this is not where it stops."

"It will only get more intense and more frequent."

- 'Parked' heat -

One reason, he explained, was that global warming appears to be leading to a weakening of the global jet streams -- air that flows high in the Earth's atmosphere.

As the jet stream waves grow slower and wavier, they allow weather systems to "become parked" in one spot for longer.

"You can get a summertime situation where you get persistent heatwaves, and the heat just builds and builds and builds, because the wave is not moving on," Nairn said.

If you look at the planet as a whole, he said you could see that "these heatwaves are appearing in each of those same wavelengths around the globe".

"The slowing down and parking of the weather patterns is setting us up so that North America, parts of the Atlantic ocean, Europe and Asia are simultaneously sitting in the (wave) ridges, getting caught."

Heatwaves are among the deadliest natural hazards, with hundreds of thousands of people dying from preventable heat-related causes each year.

- 'More dangerous' -

Nairn called for the conversation around heat to become "smarter".

Among other things, he said, there should be far more focus on rising overnight minimum temperatures than on the maximum day temperatures that grab headlines.

Repeated high nighttime temperatures are particularly dangerous for human health, since the body is unable to recover from the heat it suffers through during the day.

Higher overnight temperatures also mean that the energy accumulated during the day has nowhere to go, pushing temperatures even higher the next day.

The fact that minimum temperatures are rising faster than maximums is thus pushing excess energy "into longer periods of higher temperatures", Nairn said.

"It's cumulative... So heatwaves are becoming much more dangerous."

And as the climate continues to change, the situation is due to get worse, Nairn said.

He voiced particular concern over the situation in the tropics and subtropics, pointing to the record heat seen in South America, with temperatures up towards 40 degrees Celsius in the middle of what is supposed to be their winter.

Looking forward, he cautioned that "we're going to see a lot more heatwaves across a much longer period of the year".

In the tropics and subtropics, "unfortunately, the indications are that severe and extreme heatwaves are likely to be able to occur anytime (of year) before the end of the century".

Less sunlight means year-round extreme heatwaves are not expected at other latitudes, but Nairn stressed that there too we will be seeing more "unseasonably warm periods" even in winter.

Asked what could be done to rein in the rampant heat, Nairn stressed that "all of us have the capabilities to actually turn this around".

"We need to electrify everything... and stop burning fossil fuels. It's not harder than that."

Trump's classified-documents indictment does more than allege crimes − it tells a compelling story

Derek H. Kiernan-Johnson, Teaching Professor of Law, University of Colorado Boulder
Wed, August 23, 2023 
THE CONVERSATION

The indictment of Donald Trump and an aide was 'laced with rhetorical and narrative techniques.' Photo Illustration by Drew Angerer/Getty Images

When special counsel Jack Smith announced the charges he was bringing against former President Donald Trump for retaining government documents, he did something unusual: He invited the public to read the formal legal document, known as an indictment, detailing the allegations.

And many did – concluding not only that the indictment was well-written but engaging.

study the ethics of using narrative and rhetoric in legal persuasion. I am also a lawyer. I know that nothing required Smith and his team at the Department of Justice to write this way. Although legal scholars have called for a more stringent standardthe law requires only that a federal indictment include a “plain, concise, and definite” outline of the “essential facts” of the case – just enough to help the defense attorney understand what the client faces. Prosecutors could have cleared this hurdle by writing a technocratic document intelligible only to other criminal law insiders.

Instead, they wrote what in legal circles is called a “speaking” indictment. This indictment told a story. And not just any story – one laced with rhetorical and narrative techniques to not just help the public understand the case, but more, to persuade readers that the prosecution is justified.

Show, don’t tell

Here are some examples of how the indictment tells a story aimed at persuading readers:

The storage boxes: Trump’s now famous boxes are introduced by, first, the use of selective detail to paint a sentimental scrapbooking scene: We imagine Trump gathering what are described as “newspapers, press clippings, letters, notes, cards, photographs, official documents, and other materials in cardboard boxes.” Yet among this image of keepsakes, notes the next paragraph, were documents about “defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; [and] potential vulnerabilities of the United States and its allies to military attack.”

Mar-a-Lago: These boxes didn’t remain at the White House; after Trump’s presidency ended, he took them to Mar-a-Lago. Prosecutors could have just referred to Trump’s “Florida residence” or listed a street address. But doing so might not only be boring but also leave readers with their own stock sense of what a “residence” is.

So they brought Mar-a-Lago to life, describing it as an “active social club” with “more than 25 guest rooms, two ballrooms, a spa, [and] a gift store” that, in the relevant period, hosted “150 social events, including weddings, movie premieres, and fundraisers that together drew tens of thousands of guests.” It was into this Gatsbyesque scene that Trump brought his boxes.

True, Mar-a-Lago does have a “storage room” where many boxes were put. But here, too, indictment authors counter readers’ image of what that might mean. This isn’t a room in a quiet basement corner, but rather one in a hallway with “multiple outside entrances,” near high-traffic areas like a “liquor supply closet” and “linen room.” In a moment of almost Shakespearean comedy, the indictment shows Trump employees in this setting chancing upon confidential documents spilled out on the floor. One texts, “I opened the door and found this…” to which the other replies, “Oh no oh no.”

The photos: Readers are not merely told that Trump stored highly sensitive intelligence materials at less-than-secure locations throughout Mar-a-Lago, they are shown photos of boxes on a stage and in a bathroom.



Boxes at former U.S. President Donald Trump’s Mar-a-Lago estate in Palm Beach, Fla., in a photo included by the Justice Department in its indictment of Trump for hoarding government documents. U.S. Department of Justice via Getty Images

In this handout photo provided by the Justice Department, stacks of boxes are stored in a bathroom and shower at former U.S. President Donald Trump’s Mar-a-Lago estate in Palm Beach, Fla. Photo by U.S. Department of Justice via Getty Images

These images not only keep readers engaged by breaking up the text but also reinforce the Department of Justice’s written allegations. And because viewers assume images to be true without reflection, including this photographic evidence as visual allegations is especially effective.

Plot inferences: As with any nonfiction story, the indictment has gaps. Readers know that phone calls occurred but not what was said. Readers know that actions took place one after another but not that the first caused the second. But through careful arrangement, the authors prime readers to fill in these gaps.

Using Trump’s own words, the indictment encourages readers to imagine him, to hear him, thinking out loud: “I don’t want anybody looking through my boxes … wouldn’t it be better if we just told them we don’t have anything here? … isn’t it better if there are no documents?” Then, starting a page later, readers twice see Trump speak to an employee for less than half a minute. They don’t know what’s said, but in both cases the next sentence after each phone call shows that employee moving boxes in, and then out, of the storage room.

Readers could infer what’s going on: Trump ordered that the boxes be moved and did so to conceal their contents. Without even realizing it, readers complete the story, giving content to the phone calls and meaning to the actions that followed them.

Throughout the indictment, writing techniques such as these transport readers through a story portal so that they see Mar-a-Lago, hear Trump barking orders and feel his motivations; the case’s disparate facts cohere into a vivid, engaging story.

‘It’s only one side’

A bare-bones, legalistic indictment would do none of these things. Nonexpert readers would gloss over it. The public would be left with just Trump’s claims about what the case was about. In contrast, Smith’s approach helps the public understand this historic prosecution.

So maybe more prosecutors should write this way.

But not every defendant has Trump’s power or influence. Not every defendant can broadcast a story for an indictment to then counter. Instead, an indictment full of persuasive storytelling techniques might frame the public’s first, and sometimes only, impressions.

Unlike in a Supreme Court case, where both sides get to share their story of what happened and should happen next, at the indictment stage the prosecutor is the only one speaking. If such a case settles before trial through a plea agreement, or if after trial the case isn’t appealed, then the defendant may never have a chance to present a public, written story.

Prosecutors wield incredible power. This includes the power to persuade through storytelling. While admiring the writing of Smith and his team here, readers should also be aware: It’s only one side of the story.

This article is republished from The Conversation, an independent nonprofit news site dedicated to sharing ideas from academic experts. \

It was written by: Derek H. Kiernan-JohnsonUniversity of Colorado Boulder.

Read more:

Judge rejects Newsmax bid to narrow Smartmatic lawsuit over 2020 US election

Tom Hals and Helen Coster
Wed, August 23, 2023 at 11:07 AM MDT·2 min read

Houston hosts NRA convention days after school massacre


By Tom Hals and Helen Coster

WILMINGTON, Delaware (Reuters) -A Delaware judge on Wednesday rejected Newsmax Media's bid to narrow the allegedly defamatory statements that the right-wing U.S. television network must defend in a lawsuit by voting machine company Smartmatic USA involving the 2020 presidential election.

Smartmatic, whose U.S. headquarters is in Boca Raton, Florida, sued Newsmax in November 2021, saying the network should be held accountable for knowingly spreading false claims that the company rigged the election against Republican then-President Donald Trump, who lost to Democrat Joe Biden.

After the original lawsuit was filed, Smartmatic amended its complaint to add 26 additional statements it said were defamatory, such as statements aired by the network that Smartmatic machines could have been hacked.

Newsmax had argued that the statute of limitations had passed and that it was too late to add allegedly defamatory statements to the amended complaint.

Delaware Superior Court Judge Eric Davis in his ruling said the additional statements fell within the themes of the original complaint and stemmed from the network's coverage of the election, so he allowed them.

Newsmax did not immediately respond to a request for comment.

Smartmatic did not say in its lawsuit how much money it was seeking in damages from Newsmax, but said election conspiracy theories have erased $2 billion in value from the company.

The company also has sued San Diego-based One America News in federal court in Washington and New York-based Fox News, its parent Fox Corp and several Fox hosts in a New York state court over similar claims.

Fox Corp and Fox News in April settled a similar defamation lawsuit with Dominion Voting Systems on the eve of trial in the same Delaware court for $787.5 million.

(Reporting by Tom Hals in Wilmington, Delaware; Editing by Will Dunham and Chizu Nomiyama)