Fires In LA, Foreboding In DC

In the immediate aftermath of the mammoth fires in Los Angeles, Ralph welcomes Douglas Heller, Director of Insurance at Consumer Federation of America to fill us in on what to expect from the industry and how to get the most out of your fire insurance claims. Then, our resident constitutional scholar, Bruce Fein, returns to present a list of constitutional crises to expect upon the second coming of Donald Trump.

Douglas Heller is a nationally-recognized insurance expert and Director of Insurance at Consumer Federation of America. In addition to conducting research for and providing expertise to consumer rights organizations, Mr. Heller is a member of the U.S. Department of Treasury’s Federal Advisory Committee on Insurance, an appointee of California’s Insurance Commissioner, serving as a board member of the California Automobile Assigned Risk Plan, and he serves on the Executive Board of the Coalition Against Insurance Fraud.

A key thing for everybody to know is that the premiums that we have paid over the last several years here in California—and this really goes across the country, but in California in particular—have put the insurance industry in a perfectly healthy position to deal with the claims, as dramatic and as severe as these fires are and the amount of damage that they caused…For the insurance companies to cry poverty in the wake of the buildup of capital over the last several years would be outrageous, and so we're going to be watching for that.

Douglas Heller

The story around the country was that California was already a terrible hellscape for the insurance companies to do business in. When in fact, they were doing far better than the rest of the country. One of the big trade journals that reports on the industry has said that State Farm has been kept afloat by its performance in California over the last couple of years. And it was more a kind of a climate opportunism—after ignoring the potential (and then, growing) impact of climate change on property risk for years and decades, the insurance companies finally had this kind of revelation that oh they can talk about climate change as a new risk and a justification for demanding whatever they want.

Douglas Heller

Battle lines seem to be drawn—at least in my opinion—between the “Drill baby, drill. All we need to do is rake the leaves” camp versus “Hey, this is another wake up call to the climate crisis.” Because this was a severe weather event. And there were four major fires at once, and no fire department, whose main daily job is medical emergencies, is equipped to deal with that. Especially since the first two days the winds were so high—hurricane force winds—they couldn't get helicopters and airplanes into the air to make the drops in these canyons. And I don't think there's any amount of brush clearing that would have stopped these winds from whipping up these embers to send them into these residential districts.

Steve Skrovan

Bruce Fein is a Constitutional scholar and an expert on international law. Mr. Fein was Associate Deputy Attorney General under Ronald Reagan and he is the author of Constitutional Peril: The Life and Death Struggle for Our Constitution and Democracy, and American Empire: Before the Fall.

The Trump regime has a high probability of being the most lawless dictatorial regime in American history. All presidents violate laws, but Trump has taken this to a new, boastful level of variety.

Ralph Nader

The reason why it's more likely that Trump will use this dragnet in a more abusive ways, is because he and his FBI nominee have said openly that they're going to do everything they can to persecute, to go after their enemies list…The only limitation on abuse is that they don't have the manpower to actually use it all.

Bruce Fein

We're the guardrails—not Congress anymore. It's the people who have to stand up and protest and not send scoundrels back to office if they're not discharging their obligations under the United States Constitution. If we aren't the guardrails, there aren't any out there.

Bruce Fein

News 1/15/25

1. In Gaza, CNN reports a ceasefire deal has finally been reached. This comes on the heels of negotiations between the warring parties, attended by envoys of both President Biden and incoming President Trump, with Egyptian and Qatari mediators. Under the terms of this deal, Hamas has agreed to free the remaining 33 Israeli hostages in their custody, while Israel will “free hundreds of Palestinian prisoners.” Trump’s apparent demand for an immediate settlement with this many Israeli concessions comes as a shock. Israeli journalist Erel Segal, widely seen as a Netanyahu proxy, is quoted saying “We're the 1st to pay a price for Trump's election. [The deal] is being forced upon us… We thought we'd take control of northern Gaza, that they'd let us impede humanitarian aid.”

2. In more foreign policy news, the American Prospect is out with a piece on the gifts received by senior foreign policy officials in the Biden Administration. According to this report, Bill Burns – Director of the Central Intelligence Agency – has in the past year received “an $18,000 astrograph, an $11,000 Omega watch, and a ceremonial Saudi war sword.” By comparison, Secretary of State Antony Blinken received $600 worth of memorabilia and “several acrylic landscape portraits.” As this piece notes, individuals cannot keep these gifts – they become public property – yet the disparity in these gifts does reflect the difference in perception toward Blinken and Burns. As one State Department official put it, “When you want someone to drink champagne, you send Blinken. When you need someone to actually fix s**t in Brazil, the Middle East, or Russia, you send Burns.”

3. And in the final days of his administration, AP’s Matt Lee reports President Biden will reverse Trump’s decision to designate Cuba a state sponsor of terror. The state sponsor of terror designation resulted in Cuba facing even harsher sanctions than they had during the decades-long embargo and led to multiple critical shortages of essential goods like fuel. Since the designation was announced in 2021, many have called for it to be reversed, including New York State Senators and representatives in New York, Massachusetts and Minnesota, as well as local representatives and labor unions like the UAW, UE, and others, per People’s Dispatch. It is unclear why Biden is taking this action now and Trump can reverse this move as soon as he takes office.

4. Turning to labor, NBC reports the Services Employees International Union (SEIU) will rejoin the AFL-CIO, 20 years after leaving the labor federation. With SEIU back in the fold, the AFL-CIO will represent over 15 million workers. AFL-CIO President Liz Shuler is quoted saying “We are the, probably, only institution in the country that has an infrastructure in every city, in every state, in every workplace, that is a mobilizing machine…And as they say, outside power builds inside power.” This move is widely seen as an attempt to consolidate worker power ahead of Trump’s return to office, though the unions have resisted saying so explicitly. The Teamsters left the AFL-CIO around the same time as the SEIU, but have made no moves to rejoin the labor federation and have instead opted to strategically align themselves with Trump. It remains to be seen which strategy will yield better results.

5. In more labor news, Fast Company reports servers at Waffle House franchises around the country claim “the chain forces them to do janitorial work and dishwashing for [sub-minimum] tipped wages, robbing them of up to $46.8 million.” As this piece notes, “Wage theft…is a common practice. As of 2017…workers lose $15 billion annually in minimum wage violations alone.” Moreover, “From 2021 to 2024, the Department of Labor recovered more than $1 billion in back wages and damages for 615,000 employees in the U.S.” Waffle House is a particularly egregious offender, with 90% of workers surveyed reporting they had experienced some form of wage theft in the past year. The state minimum wage in Georgia, where Waffle House is based, is a meager $5.15 per hour, yet the tipped minimum is even lower at just $2.13 – a starvation wage. One worker, Melissa Steach, is quoted saying “Corporations can’t keep throwing us around because we make all this money for them…And what are they really doing with it? They are not supporting their workers. They can’t keep screwing us around. We’re here. We’re worth it.”

6. On the other end of the spectrum, Apple CEO Tim Cook’s staggering compensation package hit nearly $75 million in 2024, according to the Hollywood Reporter. Converted to an hourly wage, this equates to roughly $600 per minute. This is a substantial increase from his 2023 total of $63.2 million, but still lower than the nearly $100 million he received in 2022. In October, Apple reported its services business, including Apple Music and iCloud, hit a revenue of $24.97 billion for the quarter, a “new all-time high for the company.”

7. In more tech news, the Intercept reports Meta – parent company of Facebook, Instagram and WhatsApp – is relaxing their content moderation rules as they relate to hate speech. The Intercept received leaked training materials to this effect, which explicitly outline what users are now allowed to say. These officially permitted statements include “Immigrants are grubby, filthy pieces of s**t,” “Jews are flat out greedier than Christians,” and simply “I’m a proud racist.” The Electronic Frontier Foundation’s international freedom of expression director Jillian York is quoted in this piece saying, “While [Meta’s previous censorship regime] has often resulted in over-moderation that I and many others have criticized, these examples demonstrate that Meta’s policy changes are political in nature and not intended to simply allow more freedom of expression.”

8. In a more positive story of social progress, EuroNews reports that the Italian Bishops’ Conference has issued new guidelines all but clearing the way for openly gay men to enter the priesthood. According to the newly issued report, titled "Guidelines and norms for seminaries,” "When referring to homosexual tendencies, it’s… appropriate not to reduce discernment only to this aspect, but, as for every candidate, to grasp its meaning in the global framework of the young person’s personality.” In 2023 Pope Francis told the AP that “being homosexual isn’t a crime,” and has endorsed the church “blessing” same-sex unions. Women remain entirely excluded from the priesthood.

9. On the domestic front, Axios reports Justice Democrats – the progressive insurgent group – is planning a new wave of primary challenges to unseat “corporatist” incumbent Democrats. While the group’s number one target seems to be George Latimer, who ousted Congressman Jamaal Bowman from his newly redrawn seat last cycle, spokesperson Usamah Andrabi told Axios the group is, “keeping every deep blue district on the table.” However, many of the prominent House progressives are shying away from this effort. Pramila Jayapal, former chair of the Progressive Caucus said “I think given what's at stake we feel really urgently that we need to protect all incumbents,” while Ilhan Omar said "There are folks who endorse against their own colleagues, but I don't."

10. Finally, Public Citizen co-presidents Rob Weissman and Lisa Gilbert have written a letter to the chairs of the Trump Transition team asking to be named members of the Department of Government Efficiency, aka DOGE. In this letter, Weissman and Gilbert express their “concerns about DOGE’s structure and mission,” particularly with regard to its proposed leaders Elon Musk and Vivek Ramaswamy, who “hold financial interests that will be directly affected by federal budgetary policies,” but also makes the key argument that DOGE’s mission to “slash excess regulation” and “cut wasteful expenditures” must be tied to the other “half of the picture: more efficiently regulating corporations to better protect consumers and the public from harmful corporate practices.” They argue that their “appointment to serve as members of DOGE” would enable them to serve as “voices for the interests of consumers and the public who are the beneficiaries of federal regulatory and spending programs.” Rather than an earnest plea for an appointment, this letter is more likely meant to expose a key issue with the DOGE project: those in charge of cutting supposed government waste are riddled with conflicts of interests. They have too many fingers in the pie. If Trump were serious about reducing government spending generally – and corruption specifically – he would appoint people like Weissman and Gilbert, not Ramaswamy and Musk. And they would start with the unbelievably bloated, unauditable Pentagon budget.

This has been Francesco DeSantis, with In Case You Haven’t Heard.

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