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January 31, 2017

Farm nationalism: Washington insiders wrap Dow-DuPont merger in U.S. flag

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As regulators review what the mega-merger would do to materials prices, competition, pollution clean-ups and pension promises, a couple of former U.S. Secretaries of Agriculture have wrapped the planned Dow-DuPont combination in the American flag, framing pro-merger arguments in nationalist tones. 

Two former U.S. Secretaries of Agriculture argue that the deal, which promises investors big savings while costing employees thousands of jobs as Dow and DuPont close redundant plants, labs and offices and consolidate vendors, would make America strong by giving U.S. farmers and eaters a U.S.-based giant pesticide and genetically-modified seed company to compete with foreign rivals. 

Writing here on the Washington-based Morning Consult website for lobbyists, ex-U.S. Sen. Mike Johanns, who was Agriculture Secretary under George W. Bush (he recently joined the John Deere board), and ex-U.S. Rep. Dan Glickman, who held the job under Bill Clinton (and chaired the Motion Picture Association of America), say U.S. farmers can boost exports far above last year's $130 billion in our growing, hungry world — but first must face the "challenge" of a fast-consolidating farm-supply industry, as European and Chinese giants buy up small U.S. and foreign suppliers.  

The ex-AgSecs frame this as a "security" issue: Only a merged Dow-DuPont, among U.S. seed and pest-killer companies, can hope to handle "the unmanageable cost of innovation and the need for a strong, focused American-owned agriculture company."

Mother Nature, they say (without mentioning the warming climate), "throws curve balls" at farmers.

To fight nature, they argue, science and technology are our best defense. Bold companies build chemical and genetic "tools focused on reducing water usage and raising drought resistant crops; nutritional advancements that assure the hungry are fed and improve overall health and well-being; better planting techniques and conservation and tillage practices that improve and preserve soil health; practices that reduce post-harvest loss and food waste; and new seed varieties that can stand up and thrive under the most difficult conditions."

And who could oppose healthier soil, less waste, more food? Too bad it's all so expensive! As "agriculture has become both more global and more competitive, fewer and fewer companies have the scale to afford the costly, end-to-end process from discovery through development and regulatory approval that is required to bring new products to farmers," Gickman and Johanns lament.

Growers face "the prospect of limited choices and fewer new products" — not enough poison to go around. Even though, as they acknowledge, farm-supply innovators can "come in all sizes" — still, given the global scale of farming, growers now face an "innovation bottleneck" holding back progress. This can only be solved by "large companies with scale and focused resources."

The secretaries warn of "foreign-owned" giants "seeking to take control of American companies (they don't name names, but it's been widely reported that Germany's Bayer is trying to buy Monsanto, as ChemChina seeks control of Europe's Syngenta.)

Are you afraid yet? Meet America's corporate farm supply champion: "Dow and DuPont are each huge conglomerates within which their relatively small agriculture businesses must compete for resources against other businesses," the secretaries write, of their former constituents. (DuPont spokesman Dan Turner assures me DuPont isn't paying them to say so.)

"By coming together, they intend to then create a single, independent, U.S.-based and -owned pure agriculture company capable of competing effectively against their still larger global peers...

"America’s farmers need what Dow and DuPont are proposing – a strong, focused American agriculture company that is American-owned, championing the interests of the American farmer in a marketplace that may soon be dominated by foreign-owned behemoths."

Swelling like old-time Fourth of July oratory, their propaganda promises a massive mobilization of corporate resources on behalf of U.S. farms: "Without such an enterprise, totally and completely focused on agriculture, with every minute of every day devoted to working in partnership with farmers and the full range of entities working to feed an ever-expanding need for sustainable food sources, the American farmers who grow our food lose out – and the people who eat it do, too."

They speak for farmers, who, they say, "all want a faster, bigger and better stream of new products, techniques and tools because they need them. They want to seize business opportunities by putting food on tables, at home and abroad."

They close with an appeal to the old virtues of putting your shoulder to the plow (or your chief financial officer to his spreadsheet), and a modest demeanor, and national solidarity between farmer and pesticide corporation: "This will mean hard work for America’s farmers, which they will do with humility and excellence, as they always have. They need a strong, American-owned agriculture company by their side."

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Investors claim 'financial shell game' by Bucks firm running Philly Catholic cemeteries

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When the Archdiocese of Philadelphia two years ago announced plans to lease its 13 cemeteries to a private company, the deal was heralded as one to help the church recover from a dire financial situation.

Now, the Bucks County-based StoneMor Partners LP could be facing money problems of its own.

Its stock plummeted in the fall after the company slashed its quarterly dividend to shareholders. Investors claim in lawsuits they have been misled. Some municipalities and school districts are locked in battles with StoneMor over property taxes on the cemeteries. 

To bring in more cash, StoneMor has started burying empty vaults purchased by Philadelphia-area Catholics who have not yet died — a move that allows it to access money otherwise held in a trust until someone is buried. And the company plans to open its cemetery gates to non-Catholics.

The changes are worrying investors and giving new ammunition to local Catholics and funeral directors who in the past complained about aggressive sales tactics by the company, which oversees about 7,000 Catholic burials a year in the Philadelphia region. 

"We just don’t want to see consumers taken advantage of if this company gets in even more financial distress,” said Paul Cavanagh, a director at Cavanagh Family Funeral Homes in Delaware County.

StoneMor executives have acknowledged a cash-flow problem. But the archdiocese calls its relationship with StoneMor a positive one. And both sides declare the partnership, locked in for decades, to be a success.

“Other than the cash drain, which we had anticipated, it’s a terrific acquisition, and we’re hoping to find other archdioceses that are willing to partner up with us,” StoneMor CEO Larry Miller told investors during a conference call in December.

In 2013, the Archdiocese of Philadelphia, which had always run its cemeteries, handed operations over to StoneMor, a publicly traded firm that owns or manages 317 cemeteries nationwide.

The 60-year lease called for the company to pay the church $89 million over 30 years. In return, StoneMor maintains the cemeteries, arranges burials, and sells plots, vaults, and caskets.

Within months of the deal, some local Catholics and funeral directors began complaining that   StoneMor was misleading or harassing mourners with aggressive sales tactics at a time when many are most fragile or vulnerable.

Miller maintains such complaints were stirred by funeral directors simply concerned about new competition in selling caskets and burial vaults.

Ken Gavin, a spokesman for the Philadelphia Archdiocese, said the number of complaints that come in are largely consistent with what the archdiocese saw before leasing the cemeteries. He said church officials maintain  “a positive working relationship” with StoneMor and have a right to inspect its records and monitor compliance with terms of the deal. “We communicate with them regularly regarding the cemeteries,” Gavin said.

Last year, StoneMor reported a decrease in cash flow, cut its dividend, and became the target of investor lawsuits.

Seeking to ease shareholder concerns, StoneMor executives used the December conference call to lay out plans to bolster their sales force and increase cash flow.

One solution they explained: Getting more money from Philadelphia-area Catholics before they die.

State law requires funds from cemetery sales made ahead of a person’s death to be held in a trust until a vault is delivered and installed, which traditionally occurs after the death. StoneMor has a practice of burying those prepurchased vaults at the cemetery long before the intended occupant’s death, giving it access to the trust funds.

In its call to investors, the company said it would begin burying the 3,700 vaults it sold in the last two years to Philadelphia-area consumers to cash in on $8 million in trust funds.

Miller defended that practice in an interview last week as “the right thing to do” because, he said, buried vaults secure and reinforce the ground at the cemetery.

“We did make a very conscious decision that we were not going to install vaults (in the Philadelphia-area cemeteries) for two years,” Miller told investors in December, according to a recording of the call posted on the firm's website. "We wanted to make sure that we were supported by the Catholic families, and we are, and we’re now installing those.”

It's not a fine-print issue. When StoneMor customers sign prepurchase contracts, they also sign paperwork authorizing delivery and burial of their empty vaults before they die, the company says. 

Still, State Sen. Tommy Tomlinson (R., Bucks), who is a funeral director, said he believes pre-delivery of vaults does not follow the law’s intent: to protect the consumer and keep their money safe until they need to be buried “They certainly are violating the spirit of the law,” Tomlinson said, “and they are not being consumer friendly.”

Sen. Tom McGarrigle (R., Delaware) introduced a bill last session that would have required all prepurchase money be kept in a trust until a person’s death. It passed the Senate but stalled in the House. He plans to reintroduce it this year.

“My goal is to ensure that merchandise which consumers purchase is available to them and in the condition they expect it to be when the time comes for it to be used for its intended purpose,” McGarrigle said in a statement last week.

Miller dismissed the opposition over burying empty vaults as a tactic from funeral directors frustrated that StoneMor is cutting into their business.

“When we took over the archdiocese cemeteries, we started to sell the merchandise, and that inflamed a handful of funeral directors,” he said. “And they’ve been fighting it ever since, trying to protect their turf.”

Miller also told investors in December that additional cash would come from opening burial gardens in the Philadelphia area Catholic cemeteries for non-Catholic Christians. In the interview last week, he said he still had plans to do so but provided no timeline for that move.

Gavin, the archdiocesan spokesman, said any such move must be approved by the archdiocese, and StoneMor “has not yet sought permission to do so.”

Some investors have expressed skepticism about StoneMor’s plans.

“There’s been no specificity, it’s basically been trust us, things haven’t worked so well recently, but they’re going to get better,” one, Jeffrey Schwarz of Metropolitan Capital Advisors, said in the Dec. 14 call. “I could be wrong, but I for one would love to see a little bit more meat on the bones.”

One lawsuit, filed in Philadelphia on behalf of a shareholder by the Berwyn-based Weiser Law Firm, calls StoneMor’s business model “a financial shell game” based on making false and misleading statements.

That and other lawsuits allege that StoneMor had to amend its financial reports last year because the Securities and Exchange Commission required it to stop relying on flawed metrics, and that their new reports resulted in lower revenue and distributable cash flow.

Miller said last week the lawsuits had “no merit.” He characterized investors’ allegations as confusion over StoneMor’s business model, because it relies heavily on pre-need sales.

“We have an enormously strong balance sheet,” Miller said. “The company is a very, very strong company.”

Gavin, the spokesman for the archdiocese, said the lease with StoneMor allows church officials to monitor the company’s records and compliance.

It also requires StoneMor to pay property taxes on the cemeteries where they are taxed, although the archdiocese must shoulder some of the tax burden for the first 11 years.

One such battle is ongoing in Delaware County, where the Marple Newtown School District claims the $1.85 million assessment for the 321-acre SS. Peter and Paul cemetery should be millions more than it is, and StoneMor claims the property deserves tax exemption as a religious worship site.

Similar cases are underway in Montgomery County, where StoneMor is challenging the county board of assessment's decision to revoke cemeteries’ tax-exempt status after they were leased to StoneMor.

Miller attributes the company’s decrease in cash flow to leasing the Catholic cemeteries in Philadelphia and costs associated with building up a sales force here. Despite the ongoing litigation and criticism, he said StoneMor officials remain confident and hope to make similar deals with other Catholic cemeteries across the country.         

“We make attempts periodically to reach out,” Miller said, “because there’s a lot of archdioceses in financial trouble.”

$870K raised to rebuild South Texas mosque destroyed in fire

VICTORIA, Texas (AP) - An online fund established to raise money to rebuild a South Texas mosque destroyed by fire over the weekend has far exceeded its $850,000 goal.

A GoFundMe page set up on behalf of the Islamic Center of Victoria indicated Monday that about $870,000 has been raised in just two days. The page shows more than 18,500 people have contributed.

Fire officials say it's too early to determine the cause of the blaze early Saturday morning.

The mosque was broken into about a week ago and the target of a hate message in 2013, but Muslim leaders and others are cautioning against a rush to judgment.

The Victoria Advocate reports that police estimate about 400 people attended a prayer rally Sunday outside the remains of the mosque.

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Trump fires Justice Dept. head over executive order defiance

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WASHINGTON (AP) - Accusing her of betrayal and insubordination, President Donald Trump on Monday fired Sally Yates, the acting attorney general of the United States and a Democratic appointee, after she publicly questioned the constitutionality of his controversial refugee and immigration ban and refused to defend it in court.

Deputy Attorney General Sally Yates was fired Monday night.
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Trump fires Justice Dept. head over executive order defiance

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The dramatic public clash between the new president and the nation's top law enforcement officer laid bare the growing discord and dissent surrounding Trump's executive order, which temporarily halted the entire U.S. refugee program and banned all entries from seven Muslim-majority nations for 90 days.

The firing came hours after Yates directed Justice Department attorneys not to defend the executive order, saying she was not convinced it was lawful or consistent with the agency's obligation "to stand for what is right." Trump soon followed with a statement accusing Yates of having "betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States."

He immediately named longtime federal prosecutor Dana Boente, the U.S. Attorney for the Eastern District of Virginia, as Yates' replacement. Boente was sworn in privately late Monday, the White House said.

Yates' refusal to defend the executive order was largely symbolic given that Sen. Jeff Sessions, Trump's pick for attorney general, will almost certainly defend the policy once he's sworn in. He's expected to be confirmed Tuesday by the Senate Judiciary Committee and could be approved within days by the full Senate.

The chain of events bore echoes of the Nixon-era "Saturday Night Massacre," when the attorney general and deputy attorney general resigned rather than follow an order to fire a special prosecutor investigating the Watergate scandal. The prosecutor, Archibald Cox, was fired by the solicitor general.

Yates's abrupt decision reflected the growing conflict over the executive order, with administration officials moving Monday to distance themselves from the policy. As protests erupted at airports over the weekend and confusion disrupted travel around the globe, even some of Trump's top advisers and fellow Republicans made clear they were not involved in crafting the policy or consulted on its implementation.

At least three top national security officials - Defense Secretary Jim Mattis, Homeland Security Secretary John Kelly and Rex Tillerson, who is awaiting confirmation to lead the State Department - have told associates they were not aware of details of the directive until around the time Trump signed it. Leading intelligence officials were also left largely in the dark, according to U.S. officials.

Tennessee Sen. Bob Corker, the top Republican on the Senate Foreign Relations committee, said that despite White House assurances that congressional leaders were consulted, he learned about the order in the media.

Trump's order pauses America's entire refugee program for four months, indefinitely bans all those from war-ravaged Syria and temporarily freezes immigration from Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen. Federal judges in New York and several other states issued orders that temporarily block the government from deporting people with valid visas who arrived after Trump's travel ban took effect and found themselves in limbo.

Yates, who was appointed deputy attorney general in 2015 and was the No. 2 Justice Department official under Loretta Lynch, declared Monday she was instructing department lawyers not to defend the order in court.

"I am responsible for ensuring that the positions we take in court remain consistent with this institution's solemn obligation to always seek justice and stand for what is right," Yates wrote in a letter announcing her position. "At present, I am not convinced that the defense of the Executive Order is consistent with these responsibilities nor am I convinced that the Executive Order is lawful."

Trump said the order had been "approved" by Justice Department lawyers. However, the department has said the Office of Legal Counsel review was limited to whether the order was properly drafted, but did not address broader policy questions.

Other parts of Trump's administration also voiced dissent Monday. A large group of American diplomats circulated a memo voicing their opposition to the order, which temporarily halted the entire U.S. refugee program and banned all entries from seven Muslim-majority nations for 90 days. White House spokesman Sean Spicer challenged those opposed to the measure to resign.

"They should either get with the program or they can go," Spicer said.

The blowback underscored Trump's tenuous relationship with his own national security advisers, many of whom he met for the first time during the transition.

Mattis, who stood next to Trump during Friday's signing ceremony, is said to be particularly incensed. A senior U.S. official said Mattis, along with Joint Chiefs Chairman Joseph Dunford, was aware of the general concept of Trump's order but not the details. Tillerson has told the president's political advisers that he was baffled over not being consulted on the substance of the order.

U.S. officials and others with knowledge of the Cabinet's thinking insisted on anonymity in order to disclose the officials' private views.

Despite his public defense of the policy, the president has privately acknowledged flaws in the rollout, according to a person with knowledge of his thinking. But he's also blamed the media - his frequent target - for what he believes are reports exaggerating the dissent and the number of people actually affected.

After a chaotic weekend during which some U.S. legal permanent residents were detained at airports, some agencies were moving swiftly to try to clean up after the White House.

Homeland Security, the agency tasked with implementing much of the refugee ban, clarified that customs and border agents should allow legal residents to enter the country. The Pentagon was trying to exempt Iraqis who worked alongside the U.S. and coalition forces from the 90-day ban on entry from the predominantly Muslim countries.

"There are a number of people in Iraq who have worked for us in a partnership role, whether fighting alongside us or working as translators, often doing so at great peril to themselves," said Navy Capt. Jeff Davis, a Pentagon spokesman.

On Capitol Hill, lawmakers in Trump's party sought to distance themselves from the wide-ranging order.

While Spicer said "appropriate committees and leadership offices" on Capitol Hill were consulted, GOP lawmakers said their offices had no hand in drafting the order and no briefings from the White House on how it would work.

"I think they know that it could have been done in a better way," Corker said of the White House.

___

AP writers Matthew Lee, Lolita C. Baldor, Erica Werner, Jonathan Lemire and Vivian Salama contributed to this report.

___

Follow Julie Pace at http://twitter.com/jpaceDC

Koch network could serve as potent resistance in Trump era

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INDIAN WELLS, Calif. — The weekend gathering of wealthy donors who help finance the conservative Koch network was supposed to serve as a celebration of the policy victories within reach now that Republicans control Washington: a repeal of the Affordable Care Act, a rollback of environmental regulations, perhaps even a corporate tax overhaul.

But with President Donald Trump already embroiled in chaos and controversy, the conservative financiers assembled at a desert resort here were also forced to contend with a new uncertainty: whether the new president will be an ally or an obstacle.

In their first formal break with the administration, top network officials on Sunday condemned Trump's travel ban on some refugees and immigrants, calling it "the wrong approach." Some here expressed alarm that Trump has staked out positions anathema to the network's libertarian principles, targeting individual companies that produce goods abroad and indicating possible support for a border tax on imports. And the network's chief patron, billionaire industrialist Charles Koch, who pointedly declined to back Trump in the presidential campaign, warned in stark terms of the potential perils of the anti-establishment mood that gave rise to Trump.

"We have a tremendous danger because we can go the authoritarian route . . . or we can move toward a free and open society," he told a packed ballroom Sunday afternoon.

The mixed emotions on display here reflect a provocative role for the Koch network in the age of Trump — as a potent resistance movement within the GOP, well-positioned to fight the president and his allies on Capitol Hill when they push policies that run counter to the group's libertarian credo.

Network officials made it clear throughout the weekend that their allegiance is not to the GOP. They have already criticized House leaders, including House Speaker Paul D. Ryan (R., Wis.) for backing the idea of a border adjustment tax and are contemplating intensifying the pressure through digital ads and grass-roots lobbying.

"We're not limiting ourselves on our ability to go out and fight on this," said James Davis, a spokesman for the network.

The network could present a political dilemma for many GOP lawmakers ahead of the 2018 midterm elections as they choose between two influential forces within the party, a populist wing buoyed by Trump's "America First" call and the well-organized, well-funded Koch-aligned activists who embrace open trade.

In the next two years, the network aims to spend $300 million to $400 million on policy and political campaigns, officials said — up from $250 million during the 2016 elections.

The Koch operation counts several highly placed allies within the Trump administration, including Vice President Mike Pence; Scott Pruitt, the nominee to lead the Environmental Protection Agency; and Marc Short, a former top Koch official who is now serving as the White House legislative liaison.

Nonetheless, network officials made it clear that they intend to deal with Trump and congressional Republicans as they have every other administration — which could mean an impending confrontation with GOP leaders.

"Our secret sauce, so to speak, is the accountability play," said Mark Holden, general counsel of Koch Industries and co-chairman of the weekend conference. "We're principled, and if we can't get comfortable with the policies that are in place, then we're not going to support them."

White House officials did not respond to requests for comment.

Ryan spokeswoman AshLee Strong said the speaker welcomes "all constructive dialogue on tax reform so that we can create jobs here at home and leapfrog the rest of the world."

After spending its early years trying to maintain a low public profile, the Koch network has adopted a much more public posture recently, a move that has coincided with its increased financial and grass-roots reach. More than 550 donors who give the Koch operation at least $100,000 a year flocked to the Palm Springs, Calif., area for the weekend's conclave — the largest turnout since Charles Koch began the twice-a-year seminars with like-minded donors in 2003. Among the attendees were some of the wealthiest figures on the right, such as Boston-based investor John W. Childs and retail executive Art Pope of North Carolina.

Over the past decade, Koch and his fellow donors have channeled hundreds of millions of dollars into an unparalleled political and policy operation, which now counts 1,600 staffers and thousands of activists spread across 36 states. The network's main political advocacy arm, Americans for Prosperity, relentlessly led the charge against the Affordable Care Act, mobilizing its volunteers nationwide in door-knocking and phone-bank efforts during the past three elections.

The Koch operation also has its own for-profit data company and recently started a stand-alone communications firm.

No one from the Trump administration attended the weekend's conclave. However, five Republican senators made appearances: Pat Toomey, Pa., David Perdue, Ga., Ben Sasse, Neb., Mike Lee, Utah, and James Lankford, Okla., along with two House members, Jason Chaffetz, Utah, and Marsha Blackburn, Tenn. And three governors flew in: Scott Walker of Wisconsin, Doug Ducey of Arizona and Bruce Rauner of Illinois.

Toomey used his time on stage to thank the network for helping him prevail in the most expensive Senate race in U.S. history.

"It wouldn't have happened without this network and the people in this room," he said during a Saturday dinner.

For all the gratitude on display, the Koch network has a history of challenging the GOP that dates backs to its founding during the George W. Bush administration. Charles Koch initially convened a small group of like-minded conservatives and libertarians alarmed about Republican policies like steel tariffs and No Child Left Behind, which gave the federal government a greater role in education.

On Sunday, Brian Hooks, the president of the Charles Koch Foundation, who is co-chairing the weekend seminar, reminded the audience how much the federal government grew under Bush.

"We're going to support this administration and Congress when they support principled public policy, and we're going to have the courage to oppose bad policies . . . regardless of who proposes them," he said, drawing muted applause.

Officials acknowledge that not all donors will support the network if it takes a stance against the Trump administration. Some of its biggest past benefactors, such as Wisconsin roofing billionaire Diane Hendricks, Oklahoma oilman Harold Hamm and New York hedge-fund magnate Robert Mercer, are staunch backers of the president and did not attend the Indian Wells gathering.

Those on hand offered mixed assessments of the new administration - and the posture they believe the network should take toward Trump.

Indiana donor Fred Klipsch, a longtime Pence ally, said he has been "overwhelmingly impressed" by the actions of the Trump White House. He said he is confident that "when it comes time to get the work done," the network and the administration will be "working for the same direction and the same goals."

David Kellogg, a defense contractor based in Arlington, Virginia, said he considers Trump as "a hothead, but I'm taking a wait-and-see approach."

"You've got to at least give the guy a chance," he added.

Dennis Patrick, a movie producer who served as chairman of the Federal Communications Commission during the Reagan administration, said he was impressed by the network's willingness "to let the chips fall where they may."

"It's been very clear to me in all the conversations I've had with senior members of the organization that this organization is about policies — whether you agree with them or disagree with them," said Patrick, who was attending the donor conclave for the first time. "What I have heard is this outfit is willing to hold this president accountable where he varies from those principles."

Wariness about the new era of GOP dominance repeatedly surfaced among the network's top officials and invited speakers throughout the weekend.

Lee pleaded with the network to keep pressure on his own Republican colleagues not to give too much during negotiations about what a replacement of the Affordable Care Act should look like.

"Keep the heat on us, because we need that heat," said the senator from Utah, who just won a second term last fall. "We need to continue to be reminded of the fact that you elected us to not just repeal Obamacare, but to keep it repealed."

Charles Murray, a political scientist most famous for his 1996 book "The Bell Curve," told the group that he was worried that the United States was turning away from "the basics of individualism and freedom and opportunity."

"Completely apart from the individual person of the president, I think we see an environment that is fertile for authoritarianism in the United States now," he warned.

Koch later echoed Murray's worry and quoted abolitionist Frederick Douglass, telling donors that they should "unite with anybody to do right and with nobody to do wrong."

"And that needs to be our attitude," he said. "We cannot be partisan. We cannot say, 'Okay, this is our party, right or wrong.' . . . We support them when we believe they're doing right, and we try to oppose them and change them when we believe they're doing wrong."

As donors sipped wine Saturday evening in a courtyard under the starry desert night sky, Koch tempered the buoyant atmosphere with a warning.

"This isn't going to happen if we rest on our laurels, if we say, 'Okay, now we've got it made,' he told the group. "We haven't got it made. We now have a chance."

Southern New Jersey mostly spared by latest winter storm

MOUNT HOLLY, N.J. (AP) - Most of southern New Jersey has been spared by a winter storm system that was expected to drop a few inches of snow on the region.

The National Weather Service says 2 to 3 inches of snow had fallen Monday in Cape May county.

But just trace amounts of snow were reported in Burlington, Cumberland and Ocean counties. Those areas had been expected to get 1 to 3 inches of snow.

Forecasters say the heavier snows stayed farther south than expected, so the storm did not have a major impact on New Jersey. The system had mostly moved out of the region by early Monday afternoon.

No major travel problems were reported.

Published:

Acclaimed Iranian Oscar nominee to boycott Academy Awards over Trump executive order

Farhadi 1 Use

Oscar-nominated Iranian director Asghar Farhadi, whose film The Salesman opens Friday in Philadelphia, says he will boycott the Academy Awards ceremony on Feb. 26, even if he is allowed to enter the country.

Farhadi’s home nation is one of seven affected by a temporary 90-day immigration ban President Trump put into effect Friday by executive order. The ban, which also affects people traveling from Iraq, Syria, Yemen, Sudan, Libya and Somalia, affects individuals seeking any form of entry into the country, including a temporary visa.

Farhadi’s film is his third Oscar nomination. He won Best Foreign Language Film in 2012 for his fifth feature, A Separation.

Read our 2012 interview with Farhardi

When nominated, Farhadi expressed his happiness over the honor in a statement, saying, "What I have strived for in my filmmaking has always been to create a sense of empathy toward my characters. Empathy meaning understanding the conditions and situations of other human beings who very much resemble us."

Previously, Farhadi said he had planned to attend the ceremony and use the platform to voice his opposition to “unjust” policies already adopted by President Trump’s administration. He changed his mind upon hearing of Friday’s executive order, which he said added even more “ifs and buts which are in no way acceptable to me even if exceptions were to be made for my trip.”

The Academy of Motion Picture Arts and Sciences on Monday afternoon bemoaned that Farhadi might be banned from attending the Oscars. “The Academy celebrates achievement in the art of filmmaking, which seeks to transcend borders and speak to audiences around the world, regardless of national, ethnic, or religious differences,” said the Academy.

“As supporters of filmmakers—and the human rights of all people—around the globe, we find it extremely troubling that Asghar Farhadi, the director of the Oscar-winning film from Iran A Separation, along with the cast and crew of this year’s Oscar-nominated film The Salesman, could be barred from entering the country because of their religion or country of origin.”

Farhadi, 45, is known for films that examine relationships in contemporary Iran. His stories are populated by young, well-educated Iranians navigating the demands of marriage. His seventh feature as director, The Salesman, stars frequent Farhadi collaborators Shahab Hosseini and Taraneh Alidoosti as married actors starring in a new stage production of Arthur Miller’s Death of a Salesman. The film follows the effects, both personal and professional, of a domestic crisis involving the police.

In his statement, Farhadi criticized the actions of “hard-liners” across the world. “Hard-liners, despite their nationalities, political arguments and wars, regard and understand the world in very much the same way,” he said. “In order to understand the world, they have no choice but to regard it via an 'us and them' mentality, which they use to create a fearful image of 'them' and inflict fear in the people of their own countries.”

The Trump administration has not released a response to statements either by Farhadi or the Academy.

Published: The Philadelphia Inquirer
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Sixers sign Chasson Randle to a 3-year deal

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The 76ers signed Chasson Randle to a three-year deal.

The third-string point guard is signed for the remainder of the season and the next two years.

Randle finished his second 10-day contract with the team on Sunday.

Poll

Should the 76ers trade T.J. McConnell if they get the chance?

The 6-foot-2, 185-pounder has made four appearances with the Sixers, averaging 4.0 points in 7.3 minutes. He shot 57.1 percent on three-pointers.

Follow and contact 76ers beat writer Keith Pompey on Twitter and on Instagram at PompeyOnSixers.

N.J. considers rules for daily fantasy sports gaming

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TRENTON — New Jersey lawmakers are considering regulating and taxing daily fantasy sports sites, proposing rules for an industry that has come under scrutiny from law enforcement in other states.

Daily fantasy companies such as DraftKings already operate in the state. Lawmakers said a bill advanced by an Assembly committee Monday was intended to protect the sites’ users.

The legislation wouldn’t affect season-long fantasy games. Ten other states have passed laws to legalize or regulate the daily fantasy sports industry, including New York, Maryland, Kansas, and Colorado, according to Steven P. Perskie, a former chairman of the New Jersey Casino Control Commission.

In written testimony before the Assembly Tourism, Gaming, and Arts Committee, Perskie, who is also a former state legislator and judge, said fantasy sports were “games of skill,” not “gambling,” and therefore could be regulated by the Legislature.

DraftKings and the site Fan Duel were forced to shut down in New York last March by the state attorney general, who found they had engaged in deceptive advertising practices. But the companies, which have since announced a merger, reached settlements in October, and the state legalized daily fantasy contests.

In response to such problems in other states, New Jersey lawmakers said they wanted to establish rules here to protect consumers of daily fantasy gaming.

Users compete by building a roster of players in football, basketball, or baseball and competing with imaginary teams. 

Under the legislation, the state Department of Law and Public Safety would be able to issue permits to operators such as DraftKings and casinos.

To play, users would have to be at least 18.   

Based on industry and census data, the Legislature’s nonpartisan research office estimates that about 1.25 million Garden State residents play daily fantasy games, spending a total of $625.8 million annually.

In the spring, state senators advanced a bill that would impose a 9.5 percent tax on gross revenues. Given that providers such as DraftKings and Yahoo typically take a 10 percent cut of entry fees, the tax would generate $5.8 million in annual revenue for the state, according to the Office of Legislative Services.

The office said it could not project how much revenue the state would net long-term.

On Monday, the Assembly committee approved an amended version of the Senate bill, boosting the tax rate to 10.5 percent of gross revenues.  

The Assembly sponsors are Vincent Mazzeo (D., Atlantic), John Burzichelli (D., Gloucester), and Ralph Caputo (D., Essex).

Each house of the Democratic-controlled Legislature would need to pass the same version of the bill in order to send it to Gov. Christie, a Republican.

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Lawyers make final pitches to jurors in Farnese's federal fraud trial

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In their final pitch to the jury, prosecutors in Larry Farnese's federal fraud trial painted the state senator as so desperate five years ago to become leader of the city's Eighth Democratic Ward that he was willing to buy the vote of a committeewoman to do it.

Luckily for him, prosecutor Robert Heberle said during his closing argument Monday, one member of the ward committee, Ellen Chapman, was so desperate for money to fund her daughter's education that she was willing to sell her vote.

"The money and the promise to vote for Farnese were tied together," he said. "Quid pro quo. This for that. There's a word for such a payment - it's a bribe."

But defense lawyers, in their final remarks, called prosecutors desperate, too - so desperate to score a conviction that they twisted a perfectly legal act of constituent service into a nefarious tale of corruption.

Where the jury of seven women and five men stands in that debate as it begins deliberations Tuesday could determine whether Farnese will become the third consecutive state senator from his district to end his political career in a prison cell.

"This is not the way criminals act," Farnese lawyer Mark Sheppard told the jury, referring to the scores of emails, campaign-finance filings, and other paperwork documenting the senator's $6,000 contribution to the tuition owed by Chapman's daughter. "Criminals don't file public records," he said. "Criminals don't keep the emails that the government now alleges are evidence of an illicit agreement. Criminals don't pay bribes with checks."

Throughout the five-day trial before U.S. District Judge Cynthia M. Rufe, both sides have sparred over how to describe that payment, which went to fund a study-abroad trip to Kyrgyzstan for Chapman's daughter, Hannah Feldman, then at the University of Pennsylvania.

What the defense has described as a "good deed" for a deserving constituent, prosecutors called a bribe.

They noted that it is the largest donation Farnese ever reported on campaign-finance filings to a nonpolitical expense.

Government witnesses have testified that Chapman appeared conflicted about her decision to give the senator her backing in the ward leader race.

A quid pro quo agreement with Farnese, Heberle said, would explain why Chapman was in tears when she informed Farnese's rival in the race, a good friend, that she would be throwing her support behind the senator due to the financial aid he promised to find for her daughter.

If her dealings with Farnese were aboveboard, he asked, "why would Chapman be crying over just having secured funding for her daughter? Wouldn't that be great news?"

But Chapman lawyer Elizabeth Toplin offered an alternative explanation.

"Sometimes your friend isn't the right person for the job and it's not easy to tell him that," she told the jury. "If the fact that [Farnese] took an interest in her child and didn't blow her off factored into her decision to support him, that's not a quid pro quo. . . . That's what we would all do."

The senator's own lawyers also emphasized that point with their final witness Monday - Center City lawyer Lawrence Tabas, an expert in Pennsylvania election law. He testified that state campaign-finance statutes allow candidates to spend their money on just about anything that might help influence an election.

But in Farnese's case, Sheppard argued in his closing remarks, he didn't even need Chapman's support. Several committee members that testified at the trial described Farnese as a clear front-runner in the ward leader race from the beginning.

If Farnese was trying to swing the election through bribery, Sheppard asked, why would he pay off only one out of the more than 50 voters he needed to win?

"This was not a bribe," he said. "This was Sen. Farnese doing what he does best - helping others."

Blast closes Main Line Catholic school for a week

A pre-dawn boiler explosion Monday at Saints Colman-John Neumann School in Bryn Mawr has forced the cancellation of classes until at least Friday, the archdiocese said.

"This incident occurred prior to the arrival of any students or school administrators. Thankfully, no one was injured," said Kenneth A. Gavin, spokesman for the Archdiocese of Philadelphia.

When staff first arrived at the school at 372 Highland Lane, "they initially noticed a lack of proper heat in the building and communicated the same to school families. Later, they detected an odor of natural gas," which led to the discovery that one of two boilers had exploded, Gavin said.

A structural engineer was brought in to examine the area of the explosion and determine if there were any other problems caused by the explosion. A PECO crew and an insurance adjuster also visited the school Monday.

Both boilers will be replaced and that work is expected to take at least until Thursday to complete, Gavin said.

Gavin said an issue with the boiler caused the explosion.

Gas explosion at school in Delaware Co. #6abc - https://t.co/uQQZrJMRd2 pic.twitter.com/apm1zFOm3F

— Action __news on 6abc (@6abc) January 30, 2017

Published: The Philadelphia Inquirer
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Trump fires acting Attorney General Sally Yates after she orders Justice Dept. lawyers to stop defending refugee ban

WASHINGTON (AP) - Trump fires acting Attorney General Sally Yates after she orders Justice Dept. lawyers to stop defending refugee ban.

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Time for Pa. to end its prison-industrial complex

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One of the challenges of the Trump era in America is that we can't forget about the important issues that aren't swept up in the daily maelstrom of Trumpworld. On the national stage -- and to a certain extent, on the local level as well -- a number of important topics seem to have been pushed to the back burner while we fight over immigration and Obamacare. Like the opioid-abuse crisis. Or the struggles of low-wage workers. And improving police-community relations and reducing violence.

And then there's mass incarceration.

On an alternative planet somewhere, the struggle to reduce the bat-guano crazy number of folks who are locked in America -- more than any other developed nation, by a longshot -- would be having a moment. And the issue may indeed get its due...in Hollywood, where filmmaker Ava DuVernay is up for an Academy Award for the haunting documentary "13th," which makes a compelling argument that the disproportionate number of African-Americans behind bars is the moral successor to slavery and Jim Crow. But in Washington, Barack Obama -- the first president to call out mass incarceration as a significant issue -- has been replaced with the "law-and-order" POTUS in Trump. taking justice reform off that table.

Here at home, Pennsylvania would seem the perfect laboratory for reducing the enormous social and economic costs of locking away so many people for so many prime years of their life. Consider these statistics: From 1980 until 2012, the prison population here in the Keystone State skyrocketed by some 500 percent. During that same period, taxpayers popped for the construction of eight new prisons, at about $200 million a pop. And spending on incarceration rose by about 1,700 percent, making the prison system one of the largest line items in Pennsylvania's ever-strapped budget.

Now, I know what you're saying -- that I probably pulled these stats from some leftist, patchouli-scented blog, right? Actually, no -- I got them from the website of the Commonwealth Foundation, the state's leading conservative think tank. Because if any issue can bridge the great political divide in 2017 America, it should be mass incarceration. To be sure, the debate has largely been driven by liberals questioning the social injustice of long sentences for offenders who are too often non-violent and disproportionately non-white. But a growing number of thoughtful conservatives are also worried about the massive power of the state to deprive individuals of their liberty, and to expropriate massive amounts of dollars in doing so.

Pennsylvania's recent efforts to promote alternatives to incarceration has finally turned this battleship ever so slightly, with a nearly 4 percent drop in prison population from the peak. And with Harrisburg facing yet another budget crisis, there seemed to be an opportunity to take a bigger step in the right direction. Earlier this month, the Wolf administration proposed shutting down two state prisons -- from a list of five -- in a move estimated to save $80 million in the first fiscal year.

You won't believe what happened next. OK, maybe you will. Pennsylvania's prison-industrial complex sprung into action. Lawmakers from both parties, backed by correctional workers, cried foul -- citing safety concerns but mainly the potential loss of jobs that would hurt rural counties that are already struggling economically. Already, Wolf has partly backed away -- proposing instead that just one prison, in Pittsburgh, close. That's because the city's economy can better absorb the job loss.

The debate -- which is far from over, as Pittsburgh-area lawmakers continue to fight to keep that prison, the oldest in the state system. open -- proves one thing. The notion of locking up thousands of people -- many of them from Philadelphia and other urban areas -- to create jobs in rural counties where prisons have become the No. 1 employer has become much too deeply ingrained in the lifeblood of the Pennsylvania economy.

And so the politics of this has become far too crazy to do this piecemeal, as the Wolf administration is learning right now. Pennsylvania needs to make deep cuts in the number of inmates and, ultimately, the number of facilities -- but it's going to have to have a plan. In the late 1990s, the feds used a base-closing commission to reduce the size of the military and bypass a lot of the inevitable politics. Maybe it's time for Pennsylvania to launch a prison-closing commission -- one that will also work with local police and prosecutors to steadily bring prison populations back toward saner, pre-1980s levels. And work with those rural counties to develop real, sustainable jobs that aren't dependent on a phony "war on drugs" and mandatory minimum sentences.

What we have right now -- a schools-to-prison pipeline, in a state that has steadily cut its spending on classrooms but lacks the political will to take the budget axe to incarceration -- is not sustainable. It's not fiscally sustainable. Much more importantly, it's not morally sustainable. At this point, the only debate our politicians -- liberal or conservative -- should be having about mass incarceration is how quickly we can abolish it.

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Anti-Trump graffiti spray-painted on Rowan University sign

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Authorities are trying to determine who spray-painted the words "NO TRUMP" and "PUNCH NAZIS" on a sign at Rowan University in Glassboro.

Facebook post by Justin Torrisi.

A faculty member and a borough resident reported the graffiti around 9:30 a.m. Sunday on the sign for Hollybush Mansion, a historic building at the edge of campus near Summit Lane and Whitney Avenue.

Joe Cardona, a university spokesman, said crews quickly removed the black spray-painted graffiti, which he added might have been scrawled early Sunday.

Hollybush Mansion was built in 1849. In 1967, then-President Lyndon B. Johnson and Soviet Premier Alexei B. Kosygin met at the building during a three-day summit in an attempt to improve relations between the countries.

The building is now a museum and meeting center, according to the university's website.

Anyone with information may contact Rowan's police department at 856-256-4911.

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Villanova professor facing prison for child-porn charge found dead

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A longtime Villanova University professor was found dead on Saturday, two days before he was scheduled to begin serving a 20-month federal prison term for child pornography charges. 

Christopher Haas, 60, was declared dead at 5:10 p.m. Saturday, David Daugherty, chief deputy coroner for Chester County, said Monday. He said the death was not suspicious, but declined to disclose the cause or manner until after he notifies Haas' family.   

Scott Godshall, Haas’ attorney, did not speculate on the professor's death except to say the timing was "worrisome.”  

He said he had been planning to drive Haas on Monday to the federal prison at Joint Base McGuire-Dix-Lakehurst. Haas was apprehensive about going to prison, as anyone would be, but he seemed in good spirits when they talked last week, his lawyer said.

A history professor, Haas was accused of using a computer on Villanova's campus to search the internet for child pornography from 10:30 p.m. to 5:30 a.m. on March 21 and 22, 2016. He pleaded guilty in September to one count of accessing the internet with the intent to view child exploitation images and was sentenced last month.

"He was doing everything he could to make sure this never happened again," Godshall said. "A good man with a bad disease.”

Godshall said his client was living at a Paoli apartment and had come to the area from Kansas for his position at Villanova. Haas had a wife and two sons.

In 2012, Haas went missing and police in Radnor Township feared he was suicidal after finding a note he wrote suggesting he might harm himself. State police found him unharmed. 

Sunoco to announce new hiring at Marcus Hook site

Sunoco Logistics Partners LP is set to announce Tuesday it will hire about 20 new operators and technicians at its Marcus Hook Industrial Complex to accommodate an increase in business related to its Mariner East pipeline projects.

Delaware County Council and Sunoco Logistics have scheduled a __news conference to announce the addition of around 20 new permanent positions to the current workforce of 180 people at Marcus Hook, said Jeff Shields, spokesman for Sunoco Logistics. The payroll for the entire workforce is about $16 million.

Sunoco Logisitics also currently employs about 2,200 temporary construction workers at the Marcus Hook complex, who are transforming the former refinery site into an energy terminal for products that are delivered through the Mariner East pipeline, which originates in the Marcellus and Utica Shale formations.

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After arrest by corrupt cop, 6 years in prison, N. Philly man to be freed

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The Philadelphia District Attorney’s Office has agreed to dismiss all charges against a North Philadelphia man who has served more than six years in prison for a drug conviction based on the testimony of a disgraced police officer.

Assistant District Attorney Robin Godfrey, chief of the office’s Post Conviction Relief Act unit, confirmed that prosecutors had dismissed the charges against Feldon Bush, 34, in a motion Monday before Philadelphia Common Pleas Court Judge Glynnis Hill.

Hill was the same judge who on June 4, 2010, sentenced Bush to five to 10 years in prison on his conviction on drug and conspiracy charges involving a 2007 crack cocaine deal in North Philadelphia.

“Thank God,” said Ruth Miller, 51, Bush’s mother and strongest advocate.

Miller said she relayed the __news to her son in the state prison in Chester by phone Monday. She said he is eager to get out, and anxious because he has to wait until the court paperwork gets to prison officials, possibly on Tuesday.

Her son, she said, was eager to start picking up the pieces of the life he left behind. Part of that will be literally retrieving his name: a typo years ago misspelled it “Busch,” and that’s been his official name for much of the last decade.

Bush will live with her, Miller said.

“He don’t have no choice,” Miller said. “He don’t have anything.”

Bush’s protracted case was featured in the second part of a series, “Justice on Hold,” which appeared Nov. 21, 2016, in the Inquirer and Daily News.

Bush’s lawyer, James R. Lloyd III, could not be reached for comment.

Bush served most of his five- to 10-year prison sentence in the state prison at Rockview, near State College. Miller said her son was recently transferred to Chester because he was possibly being paroled within months.

From the beginning, Bush maintained that he was innocent, and that his conviction rested only on a murky identification by ex-Philadelphia Police Officer Christopher Hulmes.

But Hulmes’ identification and reputation — he was a 19-year veteran with 13 years on the Narcotics Strike Force — held sway in court, and Bush was convicted and sentenced.

It was not until 2014, when Philadelphia City Paper and the Inquirer and Daily __news began chronicling allegations that Hulmes lied in arresting alleged drug defendants, that the veteran narcotics officer’s reputation began crumbling.

In May 2015, Hulmes was arrested and charged with perjury and lying on paperwork used to arrest drug suspects.

Last June, the District Attorney’s Office agreed to let Hulmes, 44, enter a pretrial diversion program for first-time offenders after he promised not to try to get his job back.

As with other narcotics officers found to have falsified documents and testimony, the Defender Association of Philadelphia announced a review of 529 Hulmes drug convictions to see whether any of them should be vacated.

Commonwealth v. Feldon Busch was one of them.

Bush, however, then encountered the harsh reality of a decade of prosecuting corrupt Philadelphia drug police: The list of convictions being reviewed was long and growing, and Bush was not near the top of the pile.

Since 2006, Assistant Public Defender Bradley Bridge has filed more than 1,300 petitions asking to vacate the drug convictions of people arrested by six police officers prosecuted for corruption by the U.S. attorney.

With limited support staff, Bridge said, he and Godfrey have resolved roughly two-thirds of the cases and vacated 852 convictions, but must finish the rest before reviewing the 529 Hulmes cases.

With up to four years left on his sentence, Bush sat in Rockview and seethed, filing his own regular, angry court briefs expressing his frustration at the pace of review.

Bush and Miller pushed for a court-appointed lawyer to handle his case. Last April, Lloyd was appointed to handle Bush’s appeal.

Bridge said Monday that he and Godfrey are to be back before a Common Pleas Court judge on March 3 to submit for dismissal another group of cases involving corrupt narcotics officers.

“It really just never does seem to end,” Bridge said.