Thursday, December 18, 2014

The Interview pulled by Sony

With theater chains defecting en masse, Sony Pictures Entertainment has pulled the planned Christmas Day release of “The Interview.”

U.S. officials have reportedly linked a massive cyber attack against Sony to North Korea, which is at the center of the Seth Rogen-James Franco comedy.

“We are deeply saddened at this brazen effort to suppress the distribution of a movie, and in the process do damage to our company, our employees, and the American public,” Sony said in a statement. “We stand by our filmmakers and their right to free expression and are extremely disappointed by this outcome.”


In announcing the decision to cancel the holiday debut, Sony also hit back at the hackers who threatened movie theaters and moviegoers and who have terrorized the studio and its employees for weeks.

“Those who attacked us stole our intellectual property, private emails and sensitive and proprietary material, and sought to destroy our spirit and our morale – all apparently to thwart the release of a movie they did not like,” the statement reads.

A few hours after making the announcent, a studio spokesman said that Sony had “no further plans” to release the comedy, either on VOD or DVD.

“The Interview” centers on a hapless television host who is recruited to assassinate North Korean dictator Kim Jong-un. The country has condemned the film and some cyber-security experts believe that it played a role in the hacking attack on the studio. North Korea has denied involvement in the attacks.

***

Washington (CNN) -- From Hollywood to Washington, the outrage is spreading over Sony Pictures' decision to cancel a movie release following a cyber attack and threats from a group of North Korea-backed hackers.

Politicians urged Sony not to back down in the face of threats tied to the release of the controversial comedy "The Interview," and then began lashing out when the studio made it clear it has no further plans to release the film, which depicts an assassination plot against North Korean leader Kim Jong Un.

Republican Rep. Ed Royce, chairman of the House Foreign Affairs Committee, slammed Sony's decision Thursday as a "capitulation" to the North Korean dictator and called for the U.S. to rally the international community and severely sanction North Korea for carrying out what he called a "cyber war."

FBI investigators tracked the hackers who broke into Sony's servers, published private information and threatened moviegoers back to the North Korean regime, U.S. law enforcement officials told CNN on Wednesday. The North Korean regime slammed the movie this summer as "terrorism and a war action."

And despite the hackers' threat to attack movie theaters, the Department of Homeland Security has said "there is no credible intelligence" supporting an active plot against movie theaters. And President Barack Obama urged people to "go to the movies."

"Once you capitulate to one dictator, does that mean that the next dictator or the next terrorist that says you're not going to make a comedy about -- or a film at all about ISIS," Royce said. "All of us in public life have a responsibility right now to speak out and to say, 'No, Sony, you did the wrong thing' and to say to Hollywood, come behind -- the other studios should come behind Sony and offer their support."
Royce said the U.S. should get international support to sanction North Korea and cut off its access to financial institutions.


More broadly, Royce said Sony's decision to "self-censor" undercuts U.S. efforts to promote freedom throughout the world, including in the hermit kingdom.

"That's what's most worrisome about this decision," Royce said.

Former Republican presidential nominee Mitt Romney also urged Sony, "don't cave, fight" in a tweet on Wednesday.

***

Dr. Evil commentary

*** [12/23/14]

(Reuters) - Sony Pictures will allow "The Interview" to play in some U.S. theaters on Christmas Day, reversing its decision to pull the film, after coming under criticism from President Barack Obama and others for caving into pressure from North Korea.

The White House praised Sony's about-face, which the studio said would result in "a limited theatrical release" of the film, which stars Seth Rogen and James Franco and is about a fictional plot to assassinate North Korea leader Kim Jong Un.

Obama on Friday had called Sony's decision to pull the $44 million movie a mistake, suggesting it could set a precedent in which "some dictator some place can start imposing censorship here in the United States."

Congressional Republicans and Democrats, as well as Hollywood luminaries such as George Clooney, had also assailed the canceled release, with some accusing the studio of self-censorship. Some in Congress called for screenings on Capitol Hill or at the White House.

Franco and Rogen, who also co-directed the film, broke their silence after Sony made the announcement.

"The people have spoken! Freedom has prevailed!" Rogen said, while Franco added, "VICTORY!!!!!!! The PEOPLE and THE PRESIDENT have spoken!!!"

A national security official said U.S. authorities did not rate the threats by hackers against theatergoers as credible and that he was unaware of any plans by U.S. agencies to issue warnings of possible attacks on exhibitors screening the film.

North Korea experienced Internet problems at the weekend and a complete outage of nearly nine hours before links were largely restored on Tuesday; U.S. officials said Washington was not involved.

*** [12/24/14]

The Interview to stream today on youtube, Google Play, XBox Live.

*** [1/21/15] Coming to Netflix

Thursday, December 04, 2014

the first mile

City and rail officials eagerly showed off the transit system's first 220 feet of track on Wednesday and gave the first public view from atop the so-called elevated guideway 37 feet above farmland in East Kapolei.

"We're really seeing the project become reality," said Councilman Joey Manahan. "Today's the first of many milestones for the project."

After delays caused by a lawsuit and the failure to gain all necessary permits before construction began on the West Oahu/Farrington Highway segment, Dan Grabauskas, executive director and CEO of the Honolulu Authority for Rapid Transportation, said Wednesday that the first elevated guideway was slightly ahead of schedule.

Construction crews were supposed to have the first mile of elevated guideway ready by Wednesday for what will be the Ho‘opili Station, the third of 21 stations planned for the $5.26 billion project.

Instead, workers finished building a 1.25-mile stretch by Tuesday.

The track is laid down on the horizontal concrete guideway.

Mayor Kirk Caldwell got stuck in traffic driving from Honolulu Hale to Kapolei and said the 42-minute commute by rail from the start of the system at the Kroc Center Hawaii to Ala Moana Center will improve life for commuters.

Despite a misty, gray view from the top of the rain-soaked guideway Wednesday, Caldwell said people will be impressed when they finally see it close up.

"It's actually pretty darn nice," Caldwell said. "Most people will be pleased at how it looks. Visually, it's much narrower than the H-1 viaduct and the elevated freeway in Kahala."

Thursday, November 20, 2014

Obama's immigration plan

WASHINGTON — President Obama chose confrontation over conciliation on Thursday as he asserted the powers of the Oval Office to reshape the nation’s immigration system and dared members of next year’s Republican-controlled Congress to reverse his actions on behalf of millions of immigrants.

In an address to the nation from the East Room of the White House, Mr. Obama displayed years of frustration with congressional gridlock and a desire to frame the last years of his presidency with far-reaching executive actions. The president’s directive will shield up to five million people from deportation and allow many to work legally, but will not give them a path to citizenship.

“The actions I’m taking are not only lawful, they’re the kinds of actions taken by every single Republican president and every Democratic president for the past half century,” Mr. Obama said. “To those members of Congress who question my authority to make our immigration system work better, or question the wisdom of me acting where Congress has failed, I have one answer: Pass a bill.”

Conservative lawmakers accused the president of a gross abuse of authority and promised a legislative fight when they take full control of Congress next year. But even before Mr. Obama’s speech, Republicans appeared divided about how to stop him and unsure about how to express their anger without severely damaging their standing with Latinos.

Mr. Obama’s actions will sharpen the focus of government enforcement on criminals and foreigners who pose security threats, vastly reducing the specter that many immigrants would be detained by federal agents. High-tech workers will have an easier time coming to the United States, and security on the border will be increased.

The centerpiece of the president’s announcement is a new program for undocumented people who are the parents of United States citizens. Most of those people — estimated by officials to number slightly more than four million — would be eligible for a new legal status that would defer their deportations and allow them to work legally in the country. They must pass background checks and pay taxes, but they will get Social Security cards, officials said.

How Republicans choose to proceed in their opposition to the president’s directive will shape the final two years of Mr. Obama’s tenure and could help set the tone of the 2016 presidential campaign. Several Republicans on Thursday said they wanted to use an forthcoming spending bill and the threat of a government shutdown as leverage against Mr. Obama, while others in the party reached for ways that Congress might undercut the president’s actions by withholding money or threatening other priorities.

“If President Obama acts in defiance of the people and imposes his will on the country, Congress will act,” said Senator Mitch McConnell of Kentucky, who will become Senate majority leader in January. “We’re considering a variety of options. But make no mistake. Make no mistake. When the newly elected representatives of the people take their seats, they will act.”

Even as Republican lawyers analyzed what the White House said was the legal basis of Mr. Obama’s actions, it remained unclear how they might undo them. The agency that will carry out most of the president’s executive actions, Citizenship and Immigration Services, is funded with application fees, and does not rely on a budget vote in Congress to keep operating.

But accusations of a presidential abuse of power appear to have gained some traction in recent days, as a Wall Street Journal/NBC poll found just 38 percent support for Mr. Obama’s executive actions even as there is broad support for a path to citizenship for undocumented immigrants. In the poll, 48 percent said they oppose Mr. Obama’s actions. Even a few Democrats have expressed concern about the propriety of the president’s actions.

Tuesday, November 04, 2014

Republicans take the senate

Washington (CNN) -- A Republican tide ripped the Senate away from Democrats Tuesday, according to CNN projections, giving the GOP full control of Congress and the power to pin down President Barack Obama during his last two years in office.

The thumping win upends the balance of power between the White House and Capitol Hill only six years after Obama's Democrats swept to power and marginalized Republicans in a rush to reform health care, Wall Street and pass a huge stimulus package.

Now, it's Democrats who will take the back seat on Capitol Hill, relying mostly on the power of the filibuster to stymie Republicans and keep Obama's legacy intact.

"For too long, this administration has tried to tell the American people what is good for them and then blame somebody else when their policies didn't work out," Mitch McConnell, who is expected to become the next Senate majority leader, said in a victory speech.

House Speaker John Boehner, celebrating a widened majority, said he is "humbled by the responsibility the American people have placed with us."

"But this is not a time for celebration," he said. "It's time for government to start getting results and implementing solutions to the challenges facing our country, starting with our still-struggling economy.

Senate Majority Leader Harry Reid, who has controlled the Senate since 2007, congratulated Republicans on their victory.

"The message from voters is clear: they want us to work together," Reid said. "I look forward to working with Senator McConnell to get things done for the middle class."

But there was silence from the White House after Tuesday's results became clear. Obama will make a public statement Wednesday on an election many will see as a repudiation of his presidency, and he will host bipartisan leaders on Friday to try to chart a way forward.

***

WASHINGTON (AP) — Republicans seized control of the Senate and strengthened their hold on the House in a wave of Election Day victories Tuesday that served as a repudiation of President Barack Obama’s second-term policies and put a series of Democratic-leaning states — including Obama’s home, Illinois — under control of new Republican governors.

Senate Republican leader Mitch McConnell defeated Democrat Alison Lundergan Grimes in Kentucky, putting him in position to become the new Senate majority leader and confront Obama over his signature health care law.

Republicans took over formerly Democratic Senate seats in seven states, including GOP-leaning Arkansas, Montana, South Dakota and West Virginia. That number also included three states that figured prominently in Obama’s two victorious presidential campaigns: Iowa and Colorado, where he won twice, and North Carolina, where he won in 2008. Republicans needed a net gain of six seats in all to win back the majority for the first time since 2006.

“Thanks to you, Iowa, we are headed to Washington, and we are going to make them squeal,” declared Iowa Republican Joni Ernst, who vowed to cut pork in Washington in television ads that memorably cited her growing up castrating hogs.

In the House, Republicans were on track to meet or exceed the 246 seats they held during President Harry S. Truman’s administration more than 60 years ago.

“We are humbled by the responsibility the American people have placed with us, but this is not a time for celebration,” said House Speaker John Boehner, R-Ohio. “It’s time for government to start getting results and implementing solutions to the challenges facing our country, starting with our still-struggling economy.”

In state capitols, Republicans were poised to leave their imprint, picking up governors’ seats in reliably Democratic states like Illinois, Maryland and Massachusetts. With Congress grappling with gridlock, states have been at the forefront of efforts to raise the minimum wage and implement Obama’s health care law.

Obama’s poor approval ratings turned him into a liability for Democrats seeking re-election. The outcome offered parallels to the sixth year of Republican George W. Bush’s presidency, when Democrats won sweeping victories amid voter discontent with the wars in Iraq and Afghanistan.

*** [11/5/14]

(Reuters) - President Barack Obama and his powerful U.S. Senate adversary struck a conciliatory tone on Wednesday, but Obama's plans to proceed with new immigration rules foreshadowed a bumpy start to his relationship with a Republican-controlled Congress.

Obama and Mitch McConnell, who will become majority leader when Republicans take charge in the Senate in January, signaled they hoped to get past a previously frosty relationship to pass legislation on priorities on which they can both agree.

Republicans swept elections on Tuesday, capturing their biggest majority in the House of Representatives in more than 60 years and gaining a majority in the Senate for the first time since 2006. The election result limits what Obama can achieve without bipartisan support during his final two years in office.

"As president, I have a unique responsibility to try and make this town work," Obama, a Democrat, said at a White House news conference. "So, to everyone who voted, I want you to know that I hear you."

Obama lauded McConnell, with whom he said he hoped to share some Kentucky bourbon, and House Speaker John Boehner for expressing the wish to seek common ground after the elections. He spoke to both men earlier in the day.

McConnell said he believed Obama was interested in moving forward on trade agreements and tax reform, two issues at a standstill in Washington because of political differences.

"This gridlock and dysfunction can be ended. It can be ended by having a Senate that actually works," McConnell told reporters in his home state Kentucky.

But the words of reconciliation only went so far.

Wednesday, October 08, 2014

$31 million in the red

The University of Hawaii's flagship Manoa campus is facing a multimillion-dollar tuition shortfall for a fourth straight year as state support continues to decline while energy and personnel costs escalate.

Manoa officials are projecting a $31 million deficit for the fiscal year that ends June 30, despite efforts to curb spending.

Interim Manoa Chancellor Robert Bley-Vroman, who took the reins Sept. 1, said he is actively seeking ways to cut costs but cautioned that Manoa's debt could keep growing as the campus re-evaluates its spending priorities.

"Our goal is to fly level for this year, and during this year try to reconnoiter and figure out where we're going to go in the future," Bley-Vroman told the Hono­lulu Star-Advertiser on Tuesday. "The university as a whole needs to fly level. I think we can do it. I think it will be tough, and we may see our bank balance decline even more for a while, but we can do it."

The overspending began in 2012, when the campus incurred a $2.6 million deficit under then-Chancellor Virginia Hin­shaw.

UH-Manoa had started that year with a $21 million surplus in tuition revenue but was instructed by UH system administration to spend down some of its reserves for fear that the state might view the surplus as too healthy, said Kathy Cut­shaw, Manoa's vice chancellor for administration, finance and operations. Tuition revenues were subsequently spent on faculty salary restorations, student laboratory space and information technology upgrades.

The shortfall swelled to $17 million and then $26 million in the following two years under then-Chancellor Tom Apple. Those shortfalls were covered by university reserves.

Utility costs ran over budget by a combined $13 million in those years. Among other added costs, the campus also paid out $6.4 million for 3 percent faculty salary increases that it had expected the state to cover, and suffered a $7 million cut from the Legislature, in fiscal 2014.

Manoa's financial crisis was the chief reason UH President David Lassner gave when he fired Apple on July 30 with three years remaining on a contract.

Monday, October 06, 2014

Ebola spreading

[10/6/14] MADRID » In the first known transmission of the outbreak of Ebola outside West Africa, a Spanish nurse who treated a missionary for the disease at a Madrid hospital has tested positive for the virus, Spain's health minister said Monday.

The female nurse was part of the medical team that cared for a 69-year-old Spanish priest who died Sept. 25 in a Madrid hospital designated for treating Ebola patients after he was flown home from Sierra Leone, where he served as the medical director of a hospital there treating infected Ebola patients, Health Minister Ana Mato said.

The nurse is believed to have contracted the virus from that priest, though she was also a member of the team that treated another Spanish priest who died earlier from Ebola.

More than 370 health workers in West Africa have become infected in the outbreak, and more than half of those have died. Doctors and nurses there have worked under difficult conditions, treating patients in overflowing wards, sometimes without proper protection. But even under ideal conditions, experts warn that caring for Ebola patients always involves a risk.

WHO estimates the latest Ebola outbreak has killed more than 3,400 people.

The World Health Organization on Monday night confirmed there has not been a transmission outside West Africa in the current outbreak prior to the Spanish nurse.

Wednesday, October 01, 2014

Hong Kong protests

The protesters aren't backing down, China isn't giving in, and the world isn't looking away.

Pro-democracy demonstrations continued in Hong Kong's streets for a sixth day on Wednesday over anger at China's refusal to allow the open selection of candidates for Hong Kong's leader in the city's first democratic election, scheduled for 2017. Hong Kong is a semi-autonomous city that is officially ruled by China.

The Chinese government is fighting social media's power of connectedness to keep mainland China in the dark, while Hong Kong protesters are harnessing it to ensure the world hears them.

Monday, August 25, 2014

French government dissolved

PARIS (AP) — French President Francois Hollande dissolved the government on Monday after open feuding among his Cabinet over the country's stagnant economy.

Prime Minister Manuel Valls offered up his Socialist government's resignation after accusing France's outspoken economy minister of crossing a line with his blunt criticism of the government's policies. Hollande accepted the resignation and ordered Valls to form a new government by Tuesday.

France has had effectively no economic growth this year, unemployment is hovering around 10 percent and Hollande's approval ratings are sunk in the teens. The country is under pressure from the 28-nation European Union to get its finances in order, but Economy Minister Arnaud Montebourg has questioned whether the austerity tack pressed by the EU will really kick start French growth.

Hollande's promises to cut taxes and make it easier for businesses to open and operate have stalled, in large part because of the divisions among his Socialist party.

Friday, August 15, 2014

rail transit bids exceeding budget

New construction bids show the costs to build Honolulu's rail transit system are rising sharply -- and local transit leaders remain uncertain whether they'll ultimately be able to deliver the project on budget.

This week, rail officials opened three bids to build the transit system's first nine stations. Each of those bids exceeded the project's budget for that work by more than $100 million.

The least expensive bid -- a $294.5 million proposal from Nan Inc. -- still exceeded what rail officials had budgeted by about 60 percent.

"Clearly our estimates right now are suspect," Honolulu Authority for Rapid Transportation board Vice Chairman Don Horner said Thursday.

[surprise surprise surprise]

HMSA is pulling out of Hawaii Health Connector

Hawaii's largest health insurer is pulling out of the small-business side of the state's troubled health exchange, leaving the Hawaii Health Connector with only one insurance company for employers to select.

Michael Gold, president of Hawaii Medical Services Association, told The Associated Press that his staff is spending too much time and money dealing with the Connector's technical problems.

"It's an ongoing expense that everyone in the state is going to have to bear, and almost everyone in the state agrees it is not the best model for Hawaii," Gold said in an interview.

The decision affects more than 300 Hawaii businesses that buy plans for 664 subscribers and independents from HMSA through the exchange. HMSA will stop offering plans to small businesses beginning January 2015. The companies will be able to finish the terms of their enrollment over the next few months, and then they can either enroll in plans directly through HMSA or choose a different plan on the exchange, likely from the only other insurer, Kaiser Permanente, Gold said.

That represents about half the Hawaii businesses purchasing insurance plans through the Connector, state Sen. Rosalyn Baker said.

"They really are dissing small businesses, and I'm appalled by that," Baker said. "They don't think about the impact. They're so used to having their way."

Tom Matsuda, interim director of the Hawaii Health Connector, said he was disappointed that HMSA decided to pull out of the small business exchange after less than a year.

The small business exchange "provides the only opportunity for small businesses to get tax credits that reduce the cost of insurance for their employees by up to 50 percent," Matsuda said in an emailed statement. "I am especially concerned about small business owners who have already qualified for the tax credits by purchasing HMSA plans through the Connector.  We will do our best to help those employers."

Small businesses have to buy insurance plans through the Connector to qualify for those tax credits, said Lindsay Chambers, spokeswoman for Hawaii's Insurance Commissioner Gordon Ito, in an email.

"We will continue to seek other ways to ensure that Hawaii's small businesses are able to obtain these tax credits in accordance with federal law," Chambers said.

Gold said very few employers qualify for the tax credits.

Matsuda will work with other insurers that may want to offer plans on the exchange, he said.

The Hawaii Health Connector has been plagued with problems from its inception. Its open-enrollment period was delayed because of technical problems. Then it enrolled just 10,800 people and earned just $40,350 in its first six months, far below the $320,000 it expected. It was awarded more than $200 million in federal grants, but it couldn't get by without a $1.5 million appropriation from the Legislature. Now, Connector officials are working on reducing expenses.

While the company is pulling out of the small business side, HMSA will continue to sell plans through the Connector on the individual side, where it has nearly 5,000 customers, Gold said.

Many employers already provide insurance to most employees because of the state's Prepaid Health Care Act, which mandates coverage for workers who clock more than 20 hours per week.

But HMSA staff logged 8,000 hours dealing with problems such as data from 133 patient accounts that disappeared when it was sent from the Connector to HMSA, Gold said.

"It's an astonishing number of hours we've spent on this," Gold said. "The system still is not really working correctly."

Eric Alborg, deputy director of the Connector, said it's unfortunate that HMSA is focusing on problems and drawing attention away from the fact that "they are denying their customers tax credits." But it is true that on both sides there was a lot of time spent on fixing issues with both systems, Alborg said.

HMSA reported year-to-date loss of $8.4 million Thursday. It blamed its $30 million first-quarter loss on the Affordable Care Act and said it made up some of that loss in the second quarter.

[meanwhile that same day]

Hawaii Medical Service Association, the state's dominant health insurer, reported a $21.8 million profit in the second quarter, compared with losing $2.3 million in the same period a year ago.

The health plan collected $730.4 million in premiums, up 8.3 percent from $674.2 million, and spent $652.3 million, a 2.9 percent increase from $634.2 million in the second quarter of 2013. Administrative expenses totaled $54.8 million, down 10.2 percent from the $61 million it spent a year earlier.

HMSA's $17 million operating gain was augmented by $4.8 million in investment income, resulting in earnings of $21.8 million. A year earlier, investment gains of $15.4 million reduced the insurer's $21 million operating loss to a $2.3 million deficit.

At the end of the second quarter, HMSA's membership grew to 730,745, up from 719,977, and its reserve stood at $391.7 million, or $536 per member per month.

In July, HMSA boosted rates by 8.9 percent for 110,000 consumers and 8,500 small businesses. HMSA had originally sought a rate hike of 13.1 percent, but that was lowered by the state Insurance Division, which regulates health plan rates.

"It's a struggle to live in Hawaii and make ends meet for businesses and individuals," Steve Van Ribbink, HMSA's chief financial officer, said in a statement. "When we set premiums, we put every effort into making sure we collect only what's necessary to cover the cost of making sure our members' health care needs are met."

Beyond the written statement, Van Ribbink was not available to answer questions about the quarterly earnings.

HMSA said the second-quarter gain helped the company recoup some of its losses in the first quarter, which totaled $30.1 million. It attributed much of the first-quarter loss to $46.1 million in fees related to the Affordable Care Act, also known as Obamacare.

While the ACA fees will be paid to the federal government in September, all insurers, including HMSA, were required to set money aside and record it in financial reports Jan. 1, Van Ribbink said.

"The gain we reported for the second quarter can be attributed in part to collecting ACA fees from our members in the second quarter and recognizing those fees as revenue without recording the related expense, since the related expense was previously recorded on Jan. 1," Van Ribbink said.

The not-for-profit mutual benefit society will pay $65.4 million in ACA fees this year, with the remaining Obamacare fees -- about $19.3 million -- to be expensed throughout the year.

Friday, August 08, 2014

Obama authorizes airstrikes in Iraq

Washington (CNN) -- U.S. President Barack Obama said Thursday that he's authorized "targeted airstrikes" in Iraq to protect American personnel and help Iraqi forces.

"We do whatever is necessary to protect our people," Obama said. "We support our allies when they're in danger."

A key concern for U.S. officials: dozens of American consular staff and military advisers working with the Iraqi military in Irbil, the largest city in Iraq's Kurdish region.

Obama said Thursday he'd directed the military to take targeted strikes against Islamist militants "should they move towards the city."

Rapid developments on the ground, where a humanitarian crisis is emerging with minority groups facing possible slaughter by Sunni Muslim extremists, have set the stage for an increasingly dire situation.

Thousands of families from the Yazidi minority are reportedly trapped in the mountains without food, water or medical care after fleeing the rampaging fighters of the Islamic State, also known as Islamic State of Iraq and Syria or ISIS.

Throngs of refugees, many of them Iraqi Christians, are on the run -- their largest city, Qaraqosh, now occupied by fighters who gave them an ultimatum, "Convert to Islam or die."

Obama also said he'd authorized targeted airstrikes "if necessary" to help Iraqi forces protect civilians trapped on the mountain.

"When we face a situation like we do on that mountain with innocent people facing the prospect of violence on a horrific scale, when we have a mandate to help, in this case a request from the Iraqi government, and when we have the unique capabilities to help avert a massacre, then I believe the United States of America cannot turn a blind eye," Obama said. "We can act, carefully and responsibly to prevent a potential act of genocide."

The potential escalation of U.S. military involvement comes two years after Obama ended the Iraq war and brought home American forces.

Iselle and Julio

[8/10/14] Julio moves north

[8/9/14] The one-two hurricane punch that was supposed to hit Hawaii is looking more like a jab and a missed left hook.

After Hawaii cleared Tropical Storm Iselle largely without deterring sunbathers and surfers, the state looked toward Hurricane Julio, which was expected to pass roughly 160 miles northeast of the islands at its closest point early Sunday.

While prospects for Julio could quickly change, the storms appear to have been more a scare for Hawaii than a significant threat.

[8/8/14] At the same time Iselle is wreaking havoc on the Hawaiian Islands, Hurricane Julio continues to churn in its wake, offering a real threat to deliver a rare double whammy of destruction on the state.

Julio strengthened to a Category 3 hurricane Thursday with 115 mph winds and traveling westerly at 16 mph more than 1,000 miles to the east of Hawaii.

It's moving in roughly the same path as Iselle, although the projected track would take it just north of the islands and arriving near Hawaii island Sunday and the rest of the chain Monday.

[8/8/14] HILO » The power supply and the geothermal plant in Puna proved to be among the first casualties of Iselle as it bore down on the Big Island Thursday night.

More than 18,000 people were without power, a Hawai‘i Electric Light Co. spokeswoman said.

After spending nearly all day as a Category 1 hurricane, Iselle weakened into a tropical storm, packing 70 mph winds, by 11 p.m., when its center was about 50 miles south of Hilo, according to the Central Pacific Hurricane Center.

No injuries were reported, but Iselle knocked out power, forced roads to close and sent more than 800 people and pets into evacuation centers to ride out the first hurricane to touch island shores since Iniki devastated Kauai in 1992.

Iselle, a Category 1 hurricane, triggered heavy rain, thundershowers, winds and high surf that forced repair crews to head out into the night Thursday to restore power from Puna through Hilo.

"So much wind, so much rain," Mayor Billy Kenoi said Thursday night at the Hawaii County Civil Defense headquarters in Hilo.

[8/7/14] After Hurricane Iselle surprised forecasters Wednesday by gaining strength, it may now become the first hurricane to make landfall in Hawaii since Iniki 22 years ago.

The storm was on a course to slam into Hawaii island Thursday and unleash sustained winds of 60 to 70 mph with gusts to 95 mph, forecasters said.

But projections show the storm should weaken as it moves west and south of Maui County Thursday night and Oahu and Kauai on Friday, packing 35- to 45-plus mph winds with locally higher gusts.

"The volcanoes of the Big Island will do a number on the system," said Mike Cantin, National Weather Service meteorologist. "So what it looks like on the other side — that's something we will be looking at closely."

All of the islands, he said, should prepare for 5 to 8 inches of rain and up to a foot of rain in some locations, especially in windward areas, with flash flooding a possibility.

"People need to understand this is a large system and the impacts will reach far from the center," he said.

Making matters worse, another storm, Julio, grew into a Category 1 hurricane late Tuesday and is following in the wake of Iselle a couple of days to the rear. But forecasters expect it to weaken and become a tropical storm when it nears Hawaii Sunday or later.

Tuesday, August 05, 2014

Obamacare: a tale of two Americas

WASHINGTON (AP) - President Barack Obama's health care law has become a tale of two Americas.

States that fully embraced the law's coverage expansion are experiencing a significant drop in the number of uninsured residents, according to a major new survey released Tuesday. States whose leaders still object to "Obamacare" are seeing much less change.

The Gallup-Healthways Well-Being Index found an overall drop of 4 percentage points in the share of uninsured residents for states accepting the law's core coverage provisions. Those are states that expanded their Medicaid programs and also built or took an active role managing new online insurance markets.

The drop was about half that level — 2.2 percentage points — in states that took neither of those steps, or just one of them.

"Those states that implement the law's major mechanisms are seeing a significantly greater decline in their uninsured rates," said Dan Witters, research director for the poll.

Medicaid expansion mainly helps low-income uninsured adults in states accepting it. Insurance exchanges operate in every state, offering taxpayer-subsidized private coverage to people who have no health plan on the job.

Leading the nation were two southern states where the law has found political support. Arkansas saw a drop of about 10 percentage points in its share of uninsured residents, from 22.5 percent in 2013, to 12.4 percent by the middle of this year. Kentucky experienced a drop of nearly 9 percentage points, from 20.4 percent of its residents uninsured in 2013, to 11.9 percent.

Monday, August 04, 2014

Israeli shelling of Gaza

[8/5/14] (CNN) -- Withdrawing its ground forces from Gaza Tuesday for a three-day cease-fire with Hamas, Israel announced that its central goal was achieved.

"Mission accomplished," the Israel Defense Forces (IDF) said on Twitter. "We have dismantled the underground terror network built by Hamas to infiltrate and attack Israel." The military said 32 tunnels were destroyed in the four-week conflict.

The declaration came amid suspicions on both sides over whether the 72-hour humanitarian cease-fire will hold.

Nearly 1,900 Palestinians have been killed in Gaza during the conflict, according to the Palestinian Health Ministry. It's unclear how many were militants. The United Nations estimates that about 70% of the dead were civilians. But the IDF says about 900 militants were killed. It did not provide a breakdown of the victims by age or gender.

Israeli officials have said 64 Israeli soldiers and three civilians in Israel have died.

Israel is implementing the Egyptian-brokered truce, which took effect Tuesday morning, while maintaining "defensive positions" outside Gaza, the IDF said.

[8/4/14] Washington (AFP) - The United States lashed out at the "disgraceful" shelling of a United Nations school packed with refugees in Gaza on Sunday, demanding Israel do more to avoid civilian casualties.

In one of the most strongly-worded statements yet from Washington since the conflict began nearly a month ago, State Department spokeswoman Jen Psaki said the United States was "appalled" by the attack on the school in Rafah.

At least 10 people were killed in the shelling, the third time in 10 days that a UN school has been hit in fighting amid growing international outrage over the civilian death toll in the nearly month-old conflict.

Thousands of Palestinians had sought refuge at the school from fierce fighting between Israeli forces and the Palestinian enclave's Islamist rulers Hamas.

"The United States is appalled by today’s disgraceful shelling outside an UNRWA school in Rafah sheltering some 3,000 displaced persons, in which at least 10 more Palestinian civilians were tragically killed," Psaki said in a statement.

"We once again stress that Israel must do more to meet its own standards and avoid civilian casualties."

[7/20/14] GAZA/JERUSALEM (Reuters) - At least 40 Palestinians were killed on Sunday by Israeli shelling in a Gaza neighborhood, where bodies were strewn in the street and thousands fled toward a hospital packed with wounded, witnesses and health officials said.

The mass casualties in the Shejaia district in northeast Gaza were the heaviest since Israel launched its offensive on the Palestinian territory on July 8 after cross-border rocket strikes by militants intensified.

Anguished cries of "Did you see Ahmed?" "Did you see my wife?" echoed through the courtyard of Gaza's Shifa hospital, where panicked residents of Shejaia gathered in family groups, while inside bodies and wounded lay on blood-stained floors.

Video given to Reuters by a local showed at least a dozen mangled corpses, including three children, lying in the rubble-filled streets.

At the hospital, about 3 km (2 miles away), elderly men said the Israeli attack was the fiercest they had seen since the 1967 Middle East war, when Israel captured Gaza.

"Forty martyrs have been counted so far ... medics are searching for possibly more casualties," Naser Tattar, Shifa hospital's director, told Reuters. He said some 400 people were wounded in the Israeli attack.

Thousands fled Shejaia, some by foot and others piling into the backs of trucks and sitting on the hoods of cars filled with families trying to get away.

Asked about the attack, an Israeli military spokeswoman said: "Two days ago, residents of Shejaia received recorded messages to evacuate the area in order to protect their lives."

There were no signs of a diplomatic breakthrough toward a ceasefire, and militants kept up their rocket fire on Israel. Sirens sounded in southern Israeli towns and in the Tel Aviv metropolitan area. There were no reports of casualties.

Hamas, the dominant armed group in the Gaza Strip, had urged people across the territory not to heed the Israeli warnings and abandon their homes.

As the tank shells began to land, Shejaia residents called radio stations pleading for evacuation. An air strike on the Shejaia home of Khalil al-Hayya, a senior Hamas official, killed his son, daughter-in-law and two grandchildren, hospital officials said.

Palestinian President Mahmoud Abbas condemned "the new massacre committed by the Israeli government in Shejaia", a spokesman for the Western-backed leader said.

Israel, which has accused Hamas of using civilians as human shields by launching rockets from residential areas, sent ground forces into the Gaza Strip on Thursday after 10 days of air, naval and artillery barrages failed to stop the salvoes.

The military said it beefed up its presence on Sunday, with a focus on destroying missile stockpiles and a vast tunnel system Hamas built along the frontier that crosses into Israel.

Gaza's Health Ministry officials said at least 370 Palestinians, many of them civilians, have been killed in the 13-day conflict and about 2,600 have been wounded. On Israel's side, two civilians were killed by cross-border fire and five soldiers died as fighting occurred at close quarters.

Saturday, August 02, 2014

2014 Hawaii Elections

[11/4/14] Democrats win in Hawaii

Ige defeats Aiona and Hannemann for governor

Mark Takai defeats Charles Djou 52% to 48% for Congress

Schatz takes the Senate race over Cavasso

Maui GMO ban barely passes

Takashi Ohno over Max Fowler for State House District 27

Hey, here's a Republican who won.  Gene Ward over Chris Stump for State House District 17 - Kalama Valley, Queens Gate, Hawaii Kai.  Another one Aaron Ling Johanson over Lei Sharsh, State House District 31 - Fort Shafter, Moanalua Gardens, Aliamanu.  One more.  Beth Fukumoto Chang over Marilyn Lee, District 36 - Mililani, Mililani Mauka, Waipio Acres.  OK, it wasn't quite a clean sweep.  Andria Tupola over Karen Leinani Awana, District 43 - Kalaeloa, Ko Olina, Maili.  Lauren Cheape Matsumoto (former Miss Hawaii) over Michael Yadao Magaoay, District 45 - Mililani, Schofield, Kunia.  Cynthia Thielen over Holly Broman, District 50 (Kailua, Kaneohe).

OHA.  Waihee, Rowena Akana, Lei Ahu Isa,

Constitutional amendments  (I voted yes on all of them).

The one on early childhood education (preschools) didn't pass.  There were commercials against it saying it would take away money from the public schools.  I guess the public school teachers union was against it.

[8/10/14] Ige trounces Abercrombie, Schatz and Hanabusa still too close to call

I have little idea who to vote for.  Let the fun begin.

Clayton Hee vs. Shan Tsutsui for Lt. Governor
Hee characterizes radio ad as a smear campaign
Star-Advertiser endorses Tsutsui

Stiff competition
Star-Advertiser endorsements

[8/7/14] Better mail in my ballot

I'm going to vote Democratic in the primary because that's where the large majority of the main candidates are.

I'm going to base my decision on the Star Advertiser.  Hey, that's what I'm paying them for..

Governor: Abercrombie vs. Ige

Abercrombie is not getting enough credit for the progress that has been made, and it's on the strength of that effort -- and the promise of further advances -- that the Honolulu Star-Advertiser endorses him for the Democratic nomination to a second term.

Abercrombie is locked in a tough contest with Ige, outgoing chairman of the Senate's Ways and Means Committee. Ige is genial and refreshingly devoid of the theatrics the governor often brings to his encounters.

Ige, who still works as a private-sector engineer, has vowed to bring a tech-savvy business perspective often lacking in government.

So Abercrombie is a loudmouth who gets things done.  Sometimes you need somebody loud.  Ige is genial  and intelligent.  I like that combination.  Ige (though conceding the Abercrombie will probably get more things done, like it or not).

Lieutenant Governor: Tsutsui vs. Hee.

Among the field of five candidates vying for the Democratic nomination, the Honolulu Star-Advertiser endorses incumbent Lt. Gov. Shan S. Tsutsui. The 42-year-old Maui native represents the future of his party and of Hawaii, as a new generation rightly takes the lead and as neighbor islands add population at a faster rate than Oahu.

The former state Senate president, who previously served as vice chairman of the Ways and Means committee, is known as an inclusive collaborator who brings a fresh perspective to state government's Oahu-centric power circles. 

The incumbent's most serious challenger is Clayton Hee, 61, an effective state senator who vows to be a galvanizing lieutenant governor.

Hee has a long record of laudable public service, including as an advocate for Native Hawaiians, a key player in the approval of same-sex marriage, the driver of Hawaii's ban on shark-finning and a catalyst for the conservation of priceless North Shore land. However, he also can be a polarizing figure and ruthless power broker, a reputation gained over the decades he's been elected to serve in the state House, Office of Hawaiian Affairs and state Senate.

Ruthless power broker?  What does that mean?  According to wikipedia: A power broker is a person who can influence people to vote towards a particular client in exchange for political or financial benefits.

Oh, a politician.  Tsutsui it is.

U.S. Senate: Schatz vs. Hanabusa
In what has to be one of the most momentous primary elections in recent Hawaii history, voters are confronted with a difficult choice between two eminently qualified candidates for a U.S. Senate seat.
Although both clearly possess the intellect and political savvy to serve the state well, the Star-Advertiser endorses Brian Schatz, who has held the seat since his appointment in 2012, for the Democratic nomination. In that short time, the 41-year-old former lieutenant governor and state lawmaker has demonstrated a commitment to his party's ideals and an ability to connect with D.C. power-brokers who can advance a progressive agenda on the state's behalf.

Hanabusa, 63, in 2006 became the first woman to be elected president of the state Senate, where she represented Waianae's 21st District from 1998 to 2010. Throughout the campaign she has touted her legislative leadership record among her chief credentials for advancing to the U.S. Senate.

Hanabusa blindly supports the protection of Social Security and Medicare for Seniors (Kapuna).  But no mention on whether the country afford it as is.  This is pandering for votes.

Meanwhile, a group of US senators and representatives, including Sen. Bernie Sanders, an independent socialist from Vermont, Sen. Elizabeth Warren (D-MA), Sen. Tom Harkin (D-IA), Sen. Sherrod Brown (D-OH), Sen. Mark Begich )D-AK) and Sen. Bryan Shatz (D-HI), is calling for eliminating the cap on income subject to Social Security taxation, so that all Americans, including millionaires and billionaires, pay the full FICA tax on their income, a move which would effectively end any talk of the Social Security program “running out of money.”  

Is Hanabusa protecting the millionaires and billionaires from paying more Social Security tax?  (Actually, no.)

Video of debate on Social Security.  Hanabusa against chained CPI (which was part of Obama's budget).  Otherwise, I dunno.  It sounds like Schatz is saying he is more for Social Security than Hanabusa?

I'll go with Schatz.  For reasons increasingly unclear..

1st Congressional District: Takai vs. Donna Mercado Kim

The Honolulu Star-Advertiser endorses state Rep. Mark Takai's bid for the Democratic nomination in this important national race.

Takai, a 20-year lawmaker, lieutenant colonel in the Hawaii National Guard and a veteran of Operation Iraqi Freedom, has a strong grasp of the national issues that are most vital to Hawaii residents and a keen understanding of the relationship-building necessary to match the state's needs with the federal resources available to fill them. One example is the six-year effort he coordinated to net more than $40 million in federal impact aid for the Hawaii Department of Education — money that made a real difference in the lives of public schoolchildren throughout the state.

We believe that Takai's amiable but persistent style would serve Hawaii well in this divisive environment. He has not been the type to wield a cudgel, and no Democrat will have a cudgel to wield if he or she gets to Washington. Takai's experience as a dogged consensus builder would be useful as he strives to build necessary relationships across the aisle.

Mark Takai was a champion swimmer.

No mention of Donna Mercado Kim in the story.  Despite the race being a dead heat.

Let's see what I can dig up.  I guess she likes Ritchie Valens.  Kim said the nation's budget, ObamaCare, and foreign policy top her list of issues. She said her Kalihi-Palama upbringing gave her a fighting spirit to get things done.

Fighting spirit is good.  But I like consensus builder.  Takai.

Charles Djou is the Republican candidate.

In the Republican primary, former U.S. Rep. Charles Djou, 43, a major in the U.S. Army Reserve, merits the Star-Advertisers's endorsement. Djou, also a former state lawmaker and Honolulu City Councilman, held the 1st Congressional seat in 2010-2011 and emphasizes economic issues in his campaign. He insists that after 60 years of one-party rule in Hawaii, Oahu residents besieged by the high cost of living are ready for a change. The U.S. House is expected to remain under GOP control, meaning that if Djou prevails in the general election, he would be part of the majority caucus — a potential plus for Hawaii and its junior delegation of Democrats.

I kind of like Djou but I'm voting Democratis in the primary.

[10/13/14: Takai vs. Djou debate, PBS debate]

City Council District 6: Carol Fukunaga vs. Joli Tokusato

In District 6, Carol Fukunaga won a special election in 2012 to fill the last two years of now-U.S. Rep. Tulsi Gabbard's seat. Those two years have been momentous ones for the district, which stretches from Makiki to Aiea and includes Chinatown-Downtown and Kakaako, ground zero for homelessness and urban development.

Fukunaga's process-oriented approach to solving problems reflects her long experience as a state legislator. Of the four candidates for this seat, Fukunaga, 66, possesses a unique combination of political experience and policy knowledge that makes her the best qualified for the city's most complex problems. She supports rail and the potential benefits of transit-oriented development for this district's older residential communities, as well as the Complete Streets approach.

Joli Tokusato has a strong grass roots campaign (since I've been visited a couple of times) and is running seemingly because Fukunaga voted against the Hotel Workers.

From Tokusato's flyers:

While Carol Fukunaga tried to lower the minimum wage for thousands of hospitality workers in Hawaii, Joli defended her co-workers.  After Carol Fukunaga voted to give condo and hotel developers millions in tax breaks that takes money from local services, Joli decided to run for City Countel.

Carol Fukunaga proposed a law to lower the minimum wage for thousands of hotel workers on Oahu.

Carol Fukunaga voted to cut property tax increases on big hotels but end senior citizen's property tax exemption.

From Fukunaga's flyer: Aikea's advertising is out to win votes by smearing my record.  Such tactics call into question the integrity of the organization that distributes it - and Joli Tokusato, the candidate who relies on deception, not accomplishments, to run for office.

Akea Smear Number 1

Aikea misled voters by claiming Carol Fukunaga and the City lowered property taxes for hotels.

[my response: they didn't say that property taxes were lowered for hotel, they said she voted to cut property taxes on hotels]

Simple Truth: Carol and the City raised, not lowered, property taxes for hotels.  The resolution passed unanimously with all nine members voting in favor.

So if it was unanimous, then Fukunaga couldn't have voted to cut property taxes.  Maybe she was arguing for it, but in the ended didn't vote for it (?)

Actually the negative flyers are from Aikea, not from Tokusato.

Aikea Smear Number 2

Aikea tries to mislead voters by saying Carol Fukunaga and the City ended the senior citizen's property tax exemption.

[Actually they didn't say that.  They said she voted to end senior citizens' property tax exemption, not that it was ended.]

What does Aikea say in response to the response?  

Carol Fukunaga has claimed that she did not vote to raise property taxes on elderly homeowners.  Unfortunately, this is just not true.  Let us explain how this tax increase on low-income elderly homeowners works:

Currently, for every house that is occupied by the owner as their principal residence, there is a home exemption for property tax of up to the first $80,000 of value of the house.  That means the taxes are only charged on the value above $80,000.  At age 65, that exemption goes up to $120,000.  

It used to be that the for low-income residents who applied, the exemption would increase again to $140,000 at age 75, $160,000 at age 80, $180,000 at age 85 and $200,000 from age 90 on.

In 2013, the Honolulu City Council passed Bill 40 (which became Ordinance 13-32).  Council voted to end all of the exemptions over the $120,000, except for people who applied for them prior to September 30, 2013.  Even for those people, the exemption will end within 5 years unless they were age 90 or above.  Carol Fukunaga voted three times to pass this bill through.

[Actually I don't see that Fukunaga claimed that she did not vote to raise property taxes.  Only that it wasn't raised.]

Aikea Smear Number 3
Aikea misleads voters by saying Carol Fukunaga supported lowering the minimum wage for hotel workers.

Simple Truth: The minimum wage is a state law and was never an issue before the City Council.

I thought I saw something on Tokusato's website on the minimum wage issue.  Something like allowing tips to count toward their wages.  But don't see it there now.

So apparently the facts are that Fukunaga voted to raise property taxes for hotels.

But voted to end property tax exemptions for the elderly.  Which didn't pass.

Why would somebody vote to end the exemptions?  Well not all elderly are poor.  Some have a lot of money, so why exempt them?

Much ado about nothing.

It seems that Tokusato is fixating on property taxes and the minimum wage, but that's Aikea.  Her actual campaign seems more far-reaching.  I don't see either property taxes or minimum wages as issues mentioned on Tokusato's website.

I don't find Fukunaga's defense pretty weak.  But I'll go with Fukunaga because I don't like negative campaigning.  And apparently nothing that Aikea is decrying Fukunaga for, actually came to pass.

State Representative, Dist 27
Takashi Ohno (D) vs. Max Fowler (R).  Don't know much about Max.  But Takashi seems very active.  And very friendly as he hits the pavement himself.  Seems to be well-meaning, sincere, and a hard worker.  I'll vote for him again.

That leaves OHA.

Don't see the StarAdvertiser endorsement.  Here's a the primary election guide.  OHA starts on page 37.

I don't know.  Peter Alo sounds good as a singer-songwriter and body boarder at age 75.  Lei Ahu Isa is an experienced name, but I don't know how much she knows about OHA.  Maybe I should let the Hawaiians vote for their own affairs.  Rowena Akana sounds familiar.  Mililani Trask sounds like she knows what she's doing.  John Waihee, Jr. too.  Harvey McInerny is the head coach of track and field at Kamehameha.  Lorraine Shin-Penn is B.J. Penn's mother.

OK, I'll go for Alo.  Trask.  Isa.  Akana.

Thursday, July 31, 2014

pope too liberal for the House?

Pope Francis may be "too liberal" to gain widespread Republican support in the face of House legislation that seeks to honor him. 

The Hill reported that a resolution written by Catholic Reps. Pete King, R-N.Y., and John Larson, D-Conn., which seeks to congratulate Francis on his March 2013 election, has been stalled in the House Foreign Affairs Committee since December. On Friday, Larson sent a letter to Speaker John Boehner, R-Ohio and a fellow Catholic, requesting a vote. 

Only 19 of the 221 co-sponsors of the bill are Republicans, which is strange given the GOP's longtime positioning as the party of faith. One congressional Republican who wished to remain anonymous told The Hill that perhaps the lack of support stemmed from a view that the new Pope is "too liberal." 

The source speculated that many Republicans are uncomfortable with the Pope "sounding like Obama." 

"He actually used the term 'trickle-down economics,'" said the source, "which is politically charged." 

The Huffington Post noted that among Pope Francis' more liberal viewpoints are his seeming support for same-sex civil unions (but not marriage) in March, and his unwavering support for extensive redistribution of wealth. 

In Larson's letter to Boehner asking for a vote on the legislation, he reminded the Speaker of his own invitation to address Congress made in March, and suggested that failure to congratulate the new Pope on his office would be unprecedented. 

"To my knowledge this would be an historic first. I ask that you take a look at a bipartisan resolution introduced by Representative Peter King and myself, acknowledging the first Pope from the Americas . . . it is my sincere hope that you will consider this resolution for the suspension calendar for a vote," Larson wrote in the letter.

Tom Apple fired as University of Hawaii Chancellor

University of Hawaii at Manoa Chancellor Tom Apple says he was forced out as head of the UH system's flagship campus Wednesday, two years into his five-year appointment.

Apple said he was removed "for alleged unsatisfactory performance" in his job.

"The community has a right to know from the horse's mouth, rather than wondering what happened," Apple said in an email to reporters late Wednesday. "I was handed a termination letter late this afternoon by President Lassner. … I asked one more time if there was any chance that he might reverse his intention to release me from the post, and was told ‘no.'"

Apple said he had provided David Lassner with a rebuttal of the allegations.

"I believe I have done my job to the best of my ability and in service to the true needs of this institution," he said in a statement released by his lawyer, Hawaii island attorney Jerry Hiatt.

Apple was hired in May 2012 at a $439,008 annual salary under former UH President M.R.C. Greenwood, who recommended he be appointed to a five-year term through June 30, 2017, "subject each year to successful annual performance evaluations at the level of satisfactory or above."

Hiatt had previously said the chancellor had three years remaining on a five-year contract that included rights to a tenured faculty position.

Under the terms of a settlement agreement released to the media by Hiatt, Apple will be reassigned as a tenured chemistry professor at an annual salary of $299,000, effective Sept. 1. The settlement also includes a $100,000 lump-sum payout as compensation and for attorneys' fees.

Apple said he rejected a previous offer for a position at Manoa's medical school because he would have had to report to John A. Burns School of Medicine Dean Jerris Hedges.

"That would have created untenable conditions, under which I would have had to leave the university entirely," he said. (Apple reportedly tried to terminate Hedges.)

The move comes one day after UH President David Lassner alluded to an impending firing in a statement that said he had tried to maintain confidentiality about the situation "to provide the chancellor the privacy and dignity that any of us would want for ourselves in a difficult personnel situation."

Hiatt has said that Apple's efforts to curb expenses at Manoa have riled some deans and directors, who have lobbied for his removal.

Earlier this month, Apple announced a plan to save $10 million in each of the next two years by imposing a hiring freeze and suspending salary increases for nonunion employees until further notice. The plan also stipulates that programs that ended the fiscal year in the red will have their negative balances applied against their 2014-15 budgets.

He's also been criticized for allegedly favoring the athletic department, last year "forgiving" a $14.7 million accumulated net deficit the department built up over the previous decade.

"Though I have been forced out of my post as chancellor, I remain willing to serve the university,"  Apple said.

He expressed gratitude and aloha "to the students, staff, faculty and administrators here on campus, and to the members of the larger community throughout the state, who have worked so tirelessly with me."

*** [8/1/14]

University of Hawaii President David Lassner said former Manoa Chancellor Tom Apple's performance over the past two years raised serious red flags about his abilities to turn around a fiscal crisis, inspire his leadership team to carry out strategic goals, and champion the university's flagship campus.

For those and other reasons, Lassner said, he initiated discussions with Apple a couple weeks ago to remove him as chancellor.

"I have had concerns about his performance. I have tried to discuss them with him over this past year, and I have been unsuccessful in improving his performance," Lassner told a crowd of about 100 students and faculty who marched to his offices Thursday to protest his decision to fire Apple the night before.

He mostly read from talking points, and was clearly flustered at times as students and faculty peppered him with questions and at times booed him.

"I had several concerns. One was the financial condition of the campus," Lassner said. "I had concerns about (his) ability to lead a cohesive leadership team. I had concerns about divisiveness on the campus, and increasing zero-sum-game attitudes about who's getting whose money."

Apple announced Wednesday night he was forced out by Lassner, following an unsatisfactory job rating. Apple, who was hired in May 2012 at a $439,008 annual salary, had three years remaining on a five-year appointment.

The school's Graduate Student Organization and the Association Students of the University of Hawaii organized Thursday's rally, which turned into a sit-in at Bachman Hall, where Lassner's offices are located.

Students blasted Lassner, wanting to know why the evaluation process didn't involve students and faculty.

"We had no opportunity, as the key stakeholders of our campus, to give you input before you made your decision," said Bonniejean Manini, a former chairwoman of the Manoa Faculty Senate.

Lassner said the evaluation process traditionally has not involved outside input, but added that he would revisit the policy.

He defended his decision to keep his discussions with Apple private.

"We went into a negotiation period, and his attorney advised us that Chancellor Apple had committed to him not to talk with the press," Lassner said. "It was during this period that Chancellor Apple began, clearly, to talk with people inside and outside the university, and this became news."

Manoa physics and astronomy professor John Learned said, "You had to have known this was going to cause an uproar."

"That was Chancellor Apple's choice," Lassner said, triggering boos from the crowd. "I haven't enjoyed this any more than you have or Chancellor Apple, quite frankly."

Lassner said the financial crisis at Manoa troubled him most.

He said he became aware of what Apple has characterized as a $20 million annual shortfall in operating funds soon after Lassner became interim president last fall.

"That did not exist in 2012. His vice chancellors have been trying to advise him of this, I have personally been trying to advise him of these challenges, and there was no apparent change in course of action until the freeze was announced, which was announced after we began our separation conversations," Lassner said.

In a July 15 memo, Apple announced a plan to save $10 million in each of the next two years by imposing a hiring freeze and suspending salary increases for nonunion employees until further notice.

"As Chancellor Apple's line manager, if he's as bad as he is, shouldn't you be ultimately responsible for his performance? Shouldn't we therefore be talking about your termination?" questioned Margaret Maaka, a professor in the College of Education, drawing cheers.

"It is not my job to manage the Manoa campus. It is my job to try to help the leader of the Manoa campus succeed, and I have done so regularly throughout the course of this year," Lassner replied.

Lassner insisted that outside influences did not prompt his decision. "There was no outside political influence asking me or directing me or pressuring me to remove Tom Apple," he said.

He was asked whether the 14 Manoa deans who nominated him for the permanent president post had lobbied him to fire Apple. "Was there a quid pro quo for your nomination?" Maaka asked.

"No. No. No," Lassner repeated, his voice escalating.

He was also asked whether Apple's two failed attempts to fire UHCancer Center DirectorMichele Carbone factored into the decision. "Whether or not he believed that director should be removed was not a factor in my evaluation,"Lassner said.

Apple has agreed to a settlement that will reassign him as a tenured chemistry professor at a $299,000 annual salary, effective Sept. 1. He also will receive a $100,000 lump-sum payout. His chancellor duties have been rescinded.

Apple did not immediately respond to a request for comment on specific statements by Lassner.

He shared a five-page letter he sent Lassner in response to his job rating, outlining initiatives he's implemented and defending his performance.

"You seem to have forgotten that you personally voiced support for my vision for (Manoa) on many occasions,"Apple wrote. "I stood up and took the knocks that inevitably come with such hard decisions, so I admit that I am very disappointed by the absence of support shown by you when controversy arises. ... It appears that this was deliberately done to get the result you wished to achieve -- support for a false claim of unsatisfactory performance."

*** [8/13/14] Bob Jone speculates (MidWeek, August 13, 2014):

What troubles me (from poring over Apple’s defense of himself) is my nagging feeling that much of this was about the unhappiness of a few Big Money contributors to UH Cancer Center when Apple tried to get rid of center director Michele Carbone. Apple makes that accusation himself in this letter:

“Your negative comments in my evaluation about interactions with community stakeholders thus do appear to refer to those few powerful people who support the Director of the Cancer Center, whom I tried to remove with your initial consent.

“Dr. Carbone has driven away two of our top researchers (Goodman and Kolonel), alienated two other top researchers (Le Marc-hand and Wilkens), and angered, alienated and persecuted several others. In addition to this thoroughly embarrassing and truly awful history, Dr. Carbone now requires one full-time $300,000 ‘assistant’ (Blanchette) and another $300,000 advisor (Hinshaw) to oversee his conduct.

“Had you not abruptly and unwisely reversed your earlier position on this issue, we would not now still have dysfunctional, erratic and incredibly expensive leadership at the Cancer Center.”

Those are very powerful accusations against Lassner. They suggest that he bowed to pressure from wealthy community philanthropists who have given heavily to the Cancer Center, and are close friends with and stalwart supporters of director Carbone.

That’s an issue never to be resolved. I don’t expect Lassner to say, “OK, you got me. They told me to either fire you or we lose their money. I chose the money.”

*** [9/18/14]

The University of Hawaii-Manoa Faculty Senate voted 43-16 Wednesday in favor of censuring UH President David Lassner over the group's displeasure with how Manoa Chancellor Tom Apple was fired.

The largely symbolic move apparently is a first for a UH administrator, and comes less than three months into Lassner's tenure as president and about two months after he terminated Apple following what he said was an unsatisfactory performance review.

Apple, who was two years into a five-year contract, says he was forced out and blamed for mismanaging Manoa's finances. He contends he was removed for his failed attempts to fire the controversial director of the UH Cancer Center and for budget cuts that angered the medical school dean, but Lassner insists no one influenced his decision.

The Faculty Senate considered amending the censure resolution language to a stronger vote of no confidence, which some equated to a call for Lassner to step down. But that effort failed in a tie vote that Faculty Senate Chairman Ron Bontekoe broke in favor of the original censure language.

The censure vote has no practical effect on Lassner but is meant to convey the faculty's disappointment with the new president.

Wednesday, July 30, 2014

House authorizes lawsuit against Obama

(CNN) -- The Republican-led House approved a resolution on Wednesday authorizing Speaker John Boehner to sue President Barack Obama over claims he abused his powers at the expense of Congress and the Constitution.

The vote was 225-201.

Republicans argue Obama's executive orders in a number of areas were unlawful because it's the job of Congress to make or change laws. But they believe his handling of the Affordable Care act gives them the best chance at proving their case, and are basing the suit on that issue.

House authorization now allows GOP-leaders to have the unusual challenge filed in federal court. The time frame for that is not clear and many legal experts question whether any judge would take it on.
Obama tells Congress: Stop hatin'

Not a single House Democrat voted for the resolution and five Republicans opposed it. They were: GOP members Paul Broun of Maryland, Scott Garrett of New Jersey, Thomas Massie of Kentucky, Steve Stockman of Texas, and Walter Jones of North Carolina.

The vote takes partisan rancor in Washington to a new level less than four months before congressional midterms with control of the Senate at stake.

The focus on Obamacare also magnifies politics around the sweeping health law Republicans didn't support and have tried to derail since its approval in 2010. It also illustrates Obama's attempts to act on his own with he and Congress getting nowhere on top-shelf legislative initiatives.

Tuesday, July 22, 2014

ACA subsidies in danger

WASHINGTON –  A powerful federal appeals court dealt a major blow to ObamaCare on Tuesday, ruling against the legality of some subsidies issued to people through the Affordable Care Act exchanges.

A three-judge panel ruled 2-1 on Tuesday that the IRS went too far in reinterpreting the language in ObamaCare to extend subsidies to those who buy insurance through the federally run exchanges, known as HealthCare.gov.

The case, Halbig v Sebelius, is one of the first major legal challenges that cuts to the heart of the Affordable Care Act by going after the legality of massive federal subsidies and those who benefit from them.

In the case, the plaintiff claimed the Obama administration – in particular, the Internal Revenue Service -- is breaking the law by offering tax subsidies in all 50 states to offset the cost of health insurance. The suit maintains that the language in ObamaCare actually restricts subsidies to state-run exchanges -- of which there are only 14 -- and does not authorize them to be given in the 36 states that use the federally run system, commonly known as HealthCare.gov.

The ruling, though likely to be appealed, could threaten the entire foundation of the newly devised health care system. Nearly 90 percent of the federal exchange’s insurance enrollees were eligible for subsidies because of low or moderate incomes that the outcome of the case could potentially leave millions without affordable health insurance.

“We reach this conclusion, frankly, with reluctance. At least until states that wish to can set up Exchanges, our ruling will likely have significant consequences both for the millions  of individuals receiving tax credits through federal Exchanges and for health insurance markets more broadly,” the ruling stated.

A total of $1 trillion in subsidies is projected to be doled out over the next decade.

A U.S. District Court previously sided with the Obama administration on Jan. 15.