Last Call For Water You Waiting For, Con't

Democrats were elected to power in Michigan, and finally, finally, it looks like the hammer is going to fall on former GOP Gov. Rick Snyder as the criminal investigation into the Flint water crisis is picking up serious steam.

Authorities investigating Flint’s water crisis have used search warrants to seize from storage the state-owned mobile devices of former Gov. Rick Snyder and 65 other current or former officials, The Associated Press has learned.

The warrants were sought two weeks ago by the attorney general’s office and signed by a Flint judge, according to documents the AP obtained through public records requests.

Solicitor General Fadwa Hammoud and Wayne County Prosecutor Kym Worthy, who is helping with the probe, confirmed they executed a series of search warrants related to the criminal investigation of Flint’s lead-contaminated water in 2014-15 and a deadly outbreak of Legionnaires’ disease.

The water crisis in Flint was one of the worst man-made environmental disasters in U.S. history. Untreated water leached lead from pipes and into Flint’s homes and businesses while cost-cutting financial managers — appointed by Snyder — were running the city.

The investigation has led to charges against 15 current or former government officials, including two who served in the Cabinet of Snyder, a Republican who left office in December. But no one is behind bars, and some Flint residents believe key players who could have prevented the lead debacle are getting off easy.

“As stated in recent motions, the prosecution is aware of substantial potential evidence that was not provided to the original prosecution team from the onset of the investigation,” Hammoud said in a statement Monday following the AP’s reporting. “The team is currently in the process of obtaining this evidence through a variety of means, including search warrants. The team is also conducting a thorough review of existing and newly received evidence pertaining to the Flint water crisis.”

One warrant, signed May 19, lists all content from Snyder’s state-issued cellphone, iPad and computer hard drive. Similar information was sought from the devices of 33 employees who worked in his office, 11 in the Department of Environmental Quality and 22 in the Department of Health and Human Services.

The evidence was apparently initially obtained by former special prosecutor Todd Flood with investigative subpoenas. Because it has been kept in a division of the attorney general’s office, Hammoud took the unusual step of securing a warrant to search another part of the office. She has been managing the probe since January.

“We’re doing everything we can to comply,” said Dan Olsen, a spokesman for Democratic Attorney General Dana Nessel, who is not involved in the criminal investigation and is instead handling lawsuits against the state by Flint residents. After succeeding former Republican Attorney General Bill Schuette this year, she appointed Hammoud to lead the probe.

This is what happens when you rid the government of Republicans, you get a responsive government that actually works to put things right.  And the right thing here is for Rick Snyder to go to prison for the rest of his life for what he did to the people of Flint.

Republicans sat on evidence that would have put people in jail.  The new government of Democratic Gov. Gretchen Whitmer is going to correct that injustice.

Sore Losers, Inc. Con't

Democrats won big victories in Wisconsin and Michigan, ousting two of the worst GOP governors in the nation with Scott Walker and Rick Snyder, men who have caused countless damage to millions of working-class folk and done everything they could to hurt people of color in cities like Detroit and Milwaukee, Flint and Madison.  Voters in November also approved a number of measures to help the state's most vulnerable.

Now Republicans, in unprecedented and awful lame duck midnight sessions, have passed bills that would scrap all that and as with North Carolina in 2016, strip much of the power over elections, legal challenges, and regulations from the governors and attorneys general in both states by giving the massively gerrymandered Republican state legislatures a final veto over day-to-day operations of the states' executive branches.

The Republican-led Michigan Legislature on Tuesday passed bills that would delay a minimum wage hike and scale back paid sick leave requirements, an unprecedented lame-duck strategy that was endorsed legally by the state’s conservative attorney general despite criticism that it is unconstitutional.

The fast-tracked legislation, which drew protesters to the Capitol, was pushed through on largely 60-48 and 26-12 party-line votes. Changes were made at the request of Republican Gov. Rick Snyder, who stayed mum on whether he will sign the measures despite Senate leaders saying they expect him to do so.

To prevent minimum wage and paid sick time ballot initiatives from going to the electorate last month, after which they would have been much harder to change if voters had passed them, GOP legislators — at the behest of business groups — preemptively approved them in September so that they could alter them after the election with simple majority votes in each chamber.

One bill would gradually increase the state’s $9.25 minimum wage to $12.05 an hour by 2030 — maybe later in the case of a recession — instead of $12 by 2022. It would also repeal provisions to tie future increases to inflation and bring a lower wage for tipped employees in line with the wage for other workers.

Another bill would exempt employers with fewer than 50 employees from having to provide paid sick time as required under the existing law that is scheduled to take effect in March. It also would limit the amount of annual mandatory leave at larger businesses to 40 hours, instead of 72 hours, and make other changes. About 162,000 small businesses that collectively employ 1 million workers would be exempt from awarding paid sick leave under the legislation, according to the Michigan League for Public Policy.

Democratic Rep. Darrin Camilleri of Wayne County’s Brownstown Township, who voted against the measures, said gutting the minimum wage hike “would not only hurt thousands of workers in Michigan but would also betray the trust of millions more by ignoring the will of the people.”

Wisconsin too saw a midnight session last night stripping power from incoming Gov. Tony Evers.

The Wisconsin Senate voted just before sunrise Wednesday following an all-night session to pass a sweeping bill in a lame-duck session designed to empower the GOP-controlled Legislature and weaken the Democrat replacing Republican Gov. Scott Walker.

Republicans pushed on through protests, internal disagreement and Democratic opposition to the measures designed to reduce the powers of incoming Democratic Gov.-elect Tony Evers and Democratic Attorney General-elect Josh Kaul. Both Evers and Kaul urged Republicans not to do it, warning that lawsuits would bring more gridlock to Wisconsin when the new administration, and the first divided government in 10 years, takes over.

But Republicans forged ahead regardless, passing it 17-16 with all Republicans except one in support. All Democrats voted against it. The Assembly was expected to pass the bill later Wednesday, sending it on to Walker for his consideration. Walker has signaled support.

"This is a heck of a way to run a railroad," Democratic Senate Minority Leader Jennifer Shilling said as debate resumed at 5 a.m. "This is embarrassing we're even here." 

In one concession, Republicans backed away from giving the Legislature the power to sidestep the attorney general and appoint their own attorney when state laws are challenged in court. An amendment to do away with that provision was part of a Republican rewrite of the bill, made public around 4:30 a.m. after all-night negotiations.

Walker, who was booed and heckled during an afternoon Christmas tree lighting ceremony in the Capitol rotunda, has signaled support for the measures that he would have to sign before they take effect. He's in his final five weeks as governor after losing a bid for a third term to Evers, the state schools superintendent.

Despite the victories by Evers, Kaul and every other Democrat running for statewide office, Republicans maintained majority control in the Legislature for the next two years. Democrats blamed partisan gerrymandering by Republicans for stacking the electoral map against them.

But faced with a Democratic governor for the first time in eight years, legislative Republicans came up with a package of lame-duck bills to protect their priorities and make it harder for Evers to enact his.

"Why are we here today?" Democratic Assembly Minority Leader Gordon Hintz said as the debate of more than nine hours began late Tuesday night. "What are we doing? Nothing we're doing here is about helping the people of Wisconsin. It's about helping politicians. It's about power and self-interest."

You have to admit, pushing back a minimum wage hike 12 years is pretty hideous, even for Republicans.  But that's exactly what's ahead for Michigan, and Wisconsin is going to face years of lawsuits, where North Carolina is now.

This is what happens when Republicans come to power.  When you evict them, they still cheat.

Water We Waiting For In Flint, Con't

The wheels of justice grind slowly when it comes to the ongoing water crisis in Flint, Michigan, but eventually they will crush the guilty.

The head of the Michigan health department was charged Wednesday with involuntary manslaughter, the highest-ranking member of Gov. Rick Snyder’s administration to be snagged in a criminal investigation of Flint’s lead-contaminated water. 

Nick Lyon is accused of misconduct in office for failing to alert the public about an outbreak of Legionnaires’ disease in the Flint area, which has been linked by some experts to poor water quality in 2014-15. 

The manslaughter charge is punishable by up to 15 years in prison, while the misconduct charge carries a prison sentence of up to five years. 

The state’s chief medical officer, Dr. Eden Wells, was charged with obstruction of justice and lying to a police officer. The obstruction charge carries a prison term of up to two years. 

Lyon’s failure to act resulted in the death of at least one person, 85-year-old Robert Skidmore, special agent Jeff Seipenko told a judge. 

The charges were read in court by Seipenko, a member of the state attorney general’s team. Lyon and Wells were not in court. A message seeking comment was left for Lyon’s attorneys. Wells’ lawyer was not immediately known. 

Flint began using water from the Flint River in 2014 but didn’t treat it to reduce corrosion, resulting in lead leaching from old plumbing into the water system. When the state was made aware of elevated lead levels in the drinking water, the Snyder administration confirmed the result and switched Flint back to the Detroit area water system in October 2015. 

Some experts also have linked the water to Legionnaires’ disease, a type of pneumonia caused by bacteria that thrive in warm water and infect the lungs. People can get sick if they inhale mist or vapor, typically from cooling systems. 

Twelve people died and another 79 in the Flint area were sickened in 2014 and 2015.

Hopefully more charges are coming, but the person who needs to be prosecuted and put behind bars is Michigan Gov. Rick Snyder.  Never forget that he's the man behind this mess in Flint and still hasn't fixed the problem.

More as always on Flint from our friends at Eclectablog.

Water We Waiting For, Con't

After nearly a year, it looks like somebody's finally going to be held responsible for the Flint water crisis in Michigan, just not anybody from GOP Gov. Rick Snyder's administration.

Six state employees were criminally charged this morning in district court in connection with the Flint water crisis. 

Charged are Michigan Department of Health and Human Services workers Nancy Peeler, Corinne Miller and Robert Scott, and Michigan Department of Environmental Quality employees Liane Shekter-Smith; Adam Rosenthal and Patrick Cook, according to testimony this morning in Flint’s district court. 

Michigan Attorney General Bill Schuette and Todd Flood, the Royal Oak attorney heading the AG's investigation, have called an 11:30 a.m. news conference at U-M Flint to further discuss today's criminal charges. 

In April, Schuette announced felony charges against two Michigan Department of Environmental Quality officials and one City of Flint official. At that time, he promised more criminal charges would be forthcoming.

The city employee, Mike Glasgow, pleaded no contest to a misdemeanor and is cooperating with the investigation as other charges were dropped. The two DEQ employees, Stephen Busch and Mike Prysby, are awaiting preliminary examinations. 

He later brought a civil lawsuit against engineering and consulting firms who had consulted on the Flint Water Treatment Plant. 

The civil lawsuit, filed in Flint in Genesee County Circuit Court, accuses engineering firm Lockwood, Andrews & Newnam and environmental consultant Veolia North America, plus related companies, of causing "the Flint Water Crisis to occur, continue and worsen." Both companies have denied any wrongdoing and vowed to fight the lawsuit.

What I'm seeing here is all the blame being put on testing and quality workers and not anyone actually responsible for the decisions that led to the problem in the first place.  However I'm hopeful that some sort of plea deal can be reached where these six workers turn states' evidence on the Snyder administration.

We can hope, at least.  Meanwhile, as Chris Savage at Eclectablog reminds us, Gov. Snyder continues to do nothing in order to try to fix Flint's water supply, and won't until Republicans are thrown out of power in Michigan.

Water Main Leak

Looks like Michigan GOP Gov. Rick Snyder has found his scapegoats for the Flint water disaster.

A city worker and two state officials were charged Wednesday in connection with the Flint water crisis — the first criminal charges filed over the water contamination emergency in the Michigan city. 

Felony and misdemeanor charges were filed against Flint worker Michael Glasgow and Michigan Department of Environmental Quality (MDEQ) employees Steven Busch and Michael Prysby, according to local media.

The charges were approved during a hearing by Judge Tracy L. Collier-Nix in the 5th division of Genesee County Court on Wednesday morning. 

Michigan Attorney General Bill Schuette, whose office has led the investigation, is expected to officially announce the charges later today. 

Glasgow, the city’s water supervisor, is charged with willful neglect of evidence and tampering with evidence for allegedly changing test results to show less lead had leaked into the city’s water supply from its aging pipes.

The two MDEQ workers are also facing evidence tampering charges and misconduct in office.

Well then, after 200 plus days, problem solved and everything's okay, right?

Earlier this month, I suggested that the Snyder administration has no intention of replacing a single water line in Flint where the drinking water was contaminated with the powerful neurotoxin lead through the actions of Snyder’s appointed Emergency Managers and the ineptitude of his appointee at the Department of Environmental Quality (DEQ), Dan Wyant, a man with zero experience in managing water systems:

Amid all this non-action, the Snyder administration has started to warn municipalities that they should avoid “partial lead service line replacements”. […] 

Add to this the fact that Flint water lead levels are beginning to drop as the phosphate added to the water for corrosion protection is building up a protective layer on the inside of water lines and it is starting to look as if the Snyder administration is simply waiting until lead levels have dropped enough for Flint residents to begin using their water again. Once that has happened, they could simply point to the data and say, “See? Everything is fine. Nothing to worry about.” 

There’s now more evidence that this is exactly what their plan is:

“If we make a policy decision that we should replace the lead lines, then we have to be thinking about that across the state,” said John Walsh, strategy director for Gov. Rick Snyder, at a Grand Rapids chamber meeting in March. “If you do it for one community, another is going to wonder why you didn’t do it for them.” 

Mark my words, the Snyder administration is not going to be involved in replacing ANY lead water service lines in Flint. They are going to wait until lead levels drop and then suggest it’s unfair to give them any sort of “special treatment”. The fact is, after the catastrophe that they themselves caused, the Snyder administration owes it to Flint residents and the 9,000 children that have potentially been poisoned with lead to make it right. But that’s not going to happen.

As always, Chris Savage at Eclectablog has everything you need to know about Flint and Rick Snyder.  Yet another state where Republican austerity is costing lives and hurting kids....

There's quite a few of those these days.

Out Like Flint, Con't

With Michigan's primary on Tuesday, both parties are battling for votes, and the Flint Water Crisis has been front and center for GOP Gov. Rick Snyder.  Snyder is complaining that Democratic candidates in his state for last night's debate will be gone by Wednesday, but that Snyder will be around to deal with the problems.

I will fix this crisis and help move Flint forward.

— Governor Rick Snyder (@onetoughnerd) March 7, 2016

Only one problem with that: Snyder knew in January 2015 that Flint's water was poison and sent water for state employee offices there, doing nothing for Flint residents.  No wonder then that both Clinton and Sanders have now called for Snyder's resignation.

For the first time, Hillary Clinton called for the resignation of Michigan Gov. Rick Snyder during the Democratic debate Sunday night. 

“The governor should resign or be recalled,” Clinton said, staking out a bolder claim on the issue. 

Clinton has made the Flint lead crisis a centerpiece of her campaign, and has repeatedly criticized the Republican governor for his role in the disaster. Sanders has not emphasized Flint as much as his rival, but he’s been calling for Snyder’s resignation since January. Clinton had stopped short of calling for his resignation.

Sanders made the call for Snyder’s resignation again at the debate, before Clinton was asked about Flint. 

“One of the points that I have made is the governor of this state should understand that his dereliction of duty was irresponsible,” Sanders said. “He should resign.”

As far as the people in Flint are concerned however, it's not like Republicans actually give a damn if people have water to drink in a city that votes blue.

A couple of U.S. senators including Republican Sen. Mike Lee of Utah continue to delay review of a $220 million Flint-inspired bill, pushing a vote on the measure into next week. 

Among Lee’s problems with the legislation are that it didn’t go through the Senate’s ordinary procedure, and the funds designated to pay for the legislation are repurposed from a stimulus appropriation, according to a Senate staffer familiar with the deliberations. 

Lee is also concerned that the bill is federalizing what has traditionally been a local issue — the maintenance of public water infrastructure.

So who knows if or when Flint's water pipes will get fixed?  Republicans are more concerned with Senate procedure than kids with lead poisoning, you know.

Just another day in GOP-controlled America.

Last Call For In Like Flint

Flint, Michigan's water crisis is a dangerous and immediate problem, but it's a symptom of a much larger issue of urban structural racism in America that affects all aspects of communities with large populations of black and Hispanic residents.  It's as much economic racism as it is environmental and social.

“It costs money to move,” said Sandra Ballard, a 62-year-old retiree who lives on the impoverished north side of Flint. Shesaid she struggled to pay her $350 a month rent for a three-bedroom apartment with a patched ceiling. “You’ve got to put first and last month’s rent down. Believe me, I wish I could get out of here.” 

People in poor and crime-ridden pockets of cities like Detroit and Baltimore often share the sense of being trapped because of market forces and limited resources. But the people of Flint have a special urgency about leaving. 

Because of the health crisis stemming from their tainted water, they spend their days dealing with the consequences. 

They use bottled water for drinking, washing their hands and preparing food. In between, they shuttle children to pediatricians for blood tests, lug bottled water home from firehouses and install and change water filters on their home faucets. (Even so, city and state officials warned Friday that lead levels were still so high in some homes that the filters might not be strong enough to be effective.) 

Yet many people here have no alternative but to stay. 

“I couldn’t rent out my house now if I wanted to,” said Joyce Cruz, 35, a homeowner and the mother of five. “Who would want to move to Flint?”

Republican misrule in Michigan and in dozens of other states makes that increasingly clear.  Even if there wasn't mass incarceration of black and brown individuals and a two-tiered public education system that's designed to close the poorest schools, now we're seeing black and brown communities being denied basic services and human rights.

I don't want to make light of the brutal situation in the West Bank or Gaza, or of the completely indecent and utterly inhumane conditions that Palestinians are forced to live in, but you look at cities like Flint and you wonder if America isn't going down a smilar path yet again in its dark history of internment and apartheid.

And in many ways we never left that path.

Water Under The Bridge

Looks like the FBI is finally getting involved in Flint's water crisis as the Obama administration is bringing major resources to bear, investigating Michigan officials to see if federal laws were broken.

The Federal Bureau of Investigation said on Tuesday it was joining a criminal investigation of lead-contaminated drinking water in Flint, Michigan, exploring whether laws were broken in a crisis that has captured international attention.

Federal prosecutors in Michigan were working with an investigative team that included the FBI, the U.S. Postal Inspection Service, the U.S. Environmental Protection Agency’s Office of Inspector General and the EPA’s Criminal Investigation Division, a spokeswoman for the U.S. Attorney’s Office in Detroit said.

An FBI spokeswoman said the agency was determining whether federal laws were broken, but declined further comment.

Of course, a largely Republican-controlled Congress over the last several decades has made sure that criminal charges for environmental disasters are very, very tough to bring.

The ability to seek criminal charges under U.S. environmental laws is limited, according to Peter Henning, a law professor at Wayne State University in Detroit and a former federal prosecutor. Prosecutors would need to find something egregious like a knowingly false statement.

“You need something that is false to build a case,” he said.Simply failing to recognize the seriousness of the situation would not rise to that level, Henning added.

Actually poisoning the water through gross negligence or incompetence apparently isn't a criminal act when it affects tens of thousands, but lying about it or trying to cover it up is another story.  We'll see what the Feds can find in Flint.

Jeb Bush, Professional Loser Magnet

Jeb Bush is a horrible candidate, and I'm not sure how the reputation as "the smart Bush" got hung around his neck, but if there's one thing Jeb! is actually good at, it's siding with the losers well after the game is over.

Republican presidential candidate Jeb Bush on Sunday applauded Michigan Gov. Rick Snyder's response to the water contamination crisis in Flint -- even though the situation was caused by Snyder's own administration.

"I admire Rick Snyder for stepping up right now," Bush said on CNN's "State of the Union." "He's going to the challenge. He's fired people and accepted responsibility to fix this."

Bush's praise comes as some are demanding Snyder's resignation over the preventable disaster in Flint, where as many as 100,000 people have been drinking and bathing in brown, lead-contaminated water that the government previously told them was safe. As The Huffington Post's Arthur Delaney reports, this happened because Snyder's government gave Flint bad water treatment advice.

When host Jake Tapper said he was surprised to hear positive words for Snyder given his role in the catastrophe, Bush held firm and said he's impressed with the way the Republican governor is owning the issue.

"Instead of saying, 'The dog ate my homework, it's someone else's fault,' once it became clear, he's taking the lead now," Bush said. "That's exactly what I think leaders have to do."

The guy has all the political instincts of a particularly runny cow pie, I swear.  He's abysmal at this. Rick Snyder is as politically toxic as the sludge water he's still forcing Flint residents to drink, and we're supposed to think that praising the guy is going to help Jeb Bush's case as "a guy who makes good decisions"?

Oy.  Can somebody just shut the guy up already?

Water We Waiting For In Flint, Con't

The New York Times analysis of the timeline of the decisions made by the city's emergency managers and by GOP Gov. Rick Snyder show nearly outright indifference to human life at best, and suggests letting citizens be poisoned indiscriminately in the name of cost-benefit analysis at worst.

A top aide to Michigan’s governor referred to people raising questions about the quality of Flint’s water as an “anti-everything group.” Other critics were accused of turning complaints about water into a “political football.” And worrisome findings about lead by a concerned pediatrician were dismissed as “data,” in quotes. 

That view of how the administration of Gov. Rick Snyder initially dealt with the water crisis in the poverty-stricken, black-majority city of Flint emerged from 274 pages of emails, made public by the governor on Wednesday. 

The correspondence records mounting complaints by the public and elected officials, as well as growing irritation by state officials over the reluctance to accept their assurances. 

It was not until late in 2015, after months of complaints, that state officials finally conceded what critics had been contending: that Flint was in the midst of a major public health emergency, as tap water pouring into families’ homes contained enough lead to show up in the blood of dozens of people in the city. Even small amounts of lead could cause lasting health and developmental problems in children.

And the email records that Snyder has released are a redacted mess.

The emails were released late in the day, after Mr. Snyder’s State of the State address Tuesday night in which he profusely apologized to the residents of Flint and promised to help remedy the problem and get to the bottom of how it occurred. The Michigan House on Wednesday approved $28 million requested by the governor to assist the city. 

Though Mr. Snyder issued the emails as part of an effort to reveal the administration’s transparency on the matter, the documents provide a glimpse of state leaders who were at times dismissive of the concerns of residents, seemed eager to place responsibility with local government and, even as the scientific testing was hinting at a larger problem, were reluctant to acknowledge it. 

The messages show that from the moment Flint decided to draw its water from a new source, the Flint River, officials were discounting concerns about its quality and celebrating a change meant to save the cash-starved city millions of dollars. From 2011 to 2015, Flint was in state receivership, its finances controlled by a succession of four emergency managers appointed by Mr. Snyder’s administration. 

That upbeat mood lasted for months, even as residents began complaining about the new water’s foul odor, odd color and strange health effects, and began showing up at events with “jugs of brownish water.”

It's amazing what happens when you take control of government, and make sure it doesn't work, then surprise, government doesn't work.  It's so bad that even House Republicans  want a little chat with him.

A U.S. House committee is expected to hold a hearing Wednesday, Feb. 3, on the Flint water crisis and the government’s response to high lead levels in drinking water there, U.S. Rep. Brenda Lawrence’s office said Thursday. 

And Michigan Gov. Rick Snyder, who has apologized for the state’s handling of reports of high lead levels in Flint’s drinking water after it switched to the Flint River as its water source, is expected to be among those invited to testify before the House Oversight and Government Reform Committee.

Yep, it's the Rep. Jason Chaffetz show, but I'm betting Ranking Democrat Elijah Cummings has a few choice words too.

The Lesson Of Detroit

Detroit's public schools are in such bad shape right now that schools are literally falling apart as students huddle inside, teachers are organizing sick-outs to call attention to the disaster, and the entire district may be out of money by April.  How did it get this bad?  Ask Gov. Rick Snyder, who "rescued" Detroit with his emergency manager program.

In Kathy Aaron’s decrepit public school, the heat fills the air with a moldy, rancid odor. Cockroaches, some three inches long, scuttle about until they are squashed by a student who volunteers for the task. Water drips from a leaky roof onto the gymnasium floor.

“We have rodents out in the middle of the day,” said Ms. Aaron, a teacher of 18 years. “Like they’re coming to class.”

Detroit’s public schools are a daily shock to the senses, run down after years of neglect and mismanagement, while failing academically and teetering on the edge of financial collapse. On Wednesday, teachers again protested the conditions, calling in sick en masse and forcing a shutdown of most of the city’s almost 100 schools.

As Michigan’s governor, Rick Snyder, grapples with the crisis in Flint, where residents have been poisoned by the local water supply under a state-appointed emergency manager, he has also had to confront the emergency here, another poor, largely African-American city with a problem that has also festered under state control.

Things have become so bad, district officials say, that the Detroit public school system could be insolvent by April.

“They’re in need of a transformational change,” Mr. Snyder, a Republican, acknowledged in his State of the State speech Tuesday. “Too many schools are failing at their central task. Not all Detroit students are getting the education they deserve.”

Many worry that the state of the schools will hamper Detroit’s recovery from bankruptcy, a recovery evident in the new loft-style townhouses and the bustling Whole Foods that Ms. Aaron passes near her school, where she teaches fifth grade.

Residents wonder how the city can ever recoup its lost population and attract young families if the public schools are in abysmal shape.

“As we begin to rebuild this city and we’re seeing money and development moving in, people are understanding that there is no way we can improve Detroit without a strong educational system,” said Mary Sheffield, a native of Detroit and a City Council member. “We have businesses and restaurants and arenas, but our schools are falling apart and our children are uneducated. There is no Detroit without good schools.”

But understand that this unacceptable state of disintegrating, infested, unsafe schools was always the plan, coming from a system starved for years and a largely black populace abandoned by a Republican governor.  It will take money, lots of money, to fix these schools and Michigan, like nearly every other Midwestern or Southern red state, is too involved in a race to the bottom to see how badly they can make government work and still get away with it.

Water, schools, roads, this is what happens when you put Republicans in charge and give them a mandate to drown government services in the austerity bathtub, and it's taking largely black communities to be drowned along with it. Snyder's emergency manager law was designed to cull those who don't matter to Republicans and their voters, and people are starting to take notice.

Five years ago, Snyder signed legislation that expanded the reasons why the state could choose to appoint a municipal emergency manager, then granted those appointees almost complete power over their assigned municipalities. Under Public Act 4, as it was called, state-appointed emergency managers could break collective bargaining agreements, fire elected officials and determine their salaries, and privatize or sell public assets.”We can’t stand by and watch schools fail, water shut off, or police protection disappear,” the governor said in a statement defending the emergency management law. “Without the emergency manager law, there is precious little that can be done to prevent those kinds of nightmare scenarios. But with it, we can take positive action on behalf of the people to quickly avert a crisis.”

Emergency management is a way to short-circuit democracy when a city faces financial insolvency, with the idea that a leader free from accountability to voters can make unpopular but necessary decisions. But Michigan voters rejected that law in a state-wide referendum, as many unions and civil rights groups raised alarm that this new breed of emergency managers could break union contracts and usurp local governance. A month later, the state legislature passed a replacement law that made minor adjustments and one major one: an appropriation banning a referendum on the new law. That was 2012.

By 2013, six Michigan cities—and almost half of the state’s African-American population—were under emergency management. In many of these cities, public services were pared down to the minimum. Pontiac’s emergency manager whittled the city’s employees to around 10% of their previous number, outsourcing almost every city service down to its cemetery workers. In an exit interview with Michigan Radio before the Flint water crisis reached its zenith, Flint’s fourth and final emergency manager, Jerry Ambrose, reflected on the limited city that emergency managers had left behind. “There’s just a point in time there’s just not enough gas in the tank. There’s just not enough revenue from the local taxpayers to solve the problems that are here,” he said. “Whether the city’s here or not, people will be here. And they’re going to have some basic needs that have to be met, one way or another.”

Detroit, Flint, other black communities were put under emergency management in order to be treated like numbers on a ledger and not human beings with basic rights. This is the result that they were always going to get, because this was always the plan.

 

Water We Waiting For In Flint

As President Obama is in Michigan this week, the water crisis in Flint continues and a lot of fingers are being pointed. Flint resident Conner Coyne writes in Vox about what the media has gotten wrong about the situation in the city, and that the reality is that the stage for the humanitarian disaster here was set with the election of GOP Gov. Rick Snyder.

Many national media reports would have you believe that the crisis began in April 2014, when the city started drawing its water from the Flint River. They'd also have you believe that the crisis was the fault of the locally elected officials who made a catastrophic decision, not to mention city residents who did not hold their leaders accountable. 

The stage was set on March 16, 2011, when Michigan Gov. Rick Snyder signed Public Act 4. This measure broadened an earlier law that provided an "emergency financial manager" for financially distressed cities and school districts. Under the new law, "emergency financial managers" became "emergency managers" with the power to cancel or renegotiate city contracts, liquidate assets, suspend local government, unilaterally draft policy, and even disincorporate. (It is worth noting that Michigan emergency managers have done all of these things except disincorporate, which was entertained by a manager in the city of Pontiac.) 

The need for an emergency manager was determined by a series of highly subjective criteria. Almost every city that got one was a poor, African-American-majority city devastated by a shrinking industrial sector: Flint, Pontiac, Detroit, Highland Park, Benton Harbor, and so on. 

Flint was one of the first cities to be assigned an emergency manager in 2011, and over the course of four years had four such managers. One of the first manager's first acts was to suspend local government, and this remained essentially in force until the departure of the last emergency manager in 2015. Even today, Flint is under the scrutiny of a "transition advisory board" that has veto power over any local decision, and that has frequently overstepped its professed limited mandate to assure fiscal restraint. 

Many Michiganders found Public Act 4 to be a violation of a strong state tradition of "home rule," and so overturned it by referendum in the 2012 election. But that didn't last long: the Republican-dominated state legislature immediately passed Public Act 436, which was almost identical, although it included a provision to pay the emergency managers from state coffers rather than local. Under Michigan law, a bill that includes an appropriation like this cannot be voided through referendum. 

Some emergency managers, true, delegated limited responsibilities to the mayor or to members of the city council, but they always retained (and used) their powers to void any decision with which they disagreed. This is the key point that early coverage by flagship newspapers like the New York Times and the Washington Post neglected to mention: From 2011 to 2015, Flint officials had noreal control over municipal policy.
For example, a Newsweek article from October 2015 was titled "Flint: The Cheapskate City That Poisoned Its Children." 

A New York Times article reports that "Flint's mayor, Dayne Walling ... had attended a 2014 event to celebrate the switch to the new water supply," without mentioning that the emergency manager who had actually signed on for the switch was also present at that event. 

A Washington Post article from last December doesn't even utter the words "emergency Manager." 

It's those two words — "emergency manager" — that differentiate Flint from all but a handful of cities around the country, and which made it particularly vulnerable to the kind of reckless oversight that led to our contaminated water.

Chris Savage and our good friends over at Eclectablog have been covering Michigan politics and Gov. Snyder's emergency manager disaster for years, so if you want to learn more about how Flint happened, it's a great place to start.

But let's understand that in the end, Gov. Snyder did this by putting an unelected and unaccountable emergency manager in place in Flint who chose to do this.

Still wondering who made the call to switch to Flint River water? Here is the key document, signed by the Gov's EM. pic.twitter.com/QHLMELNR9B

— Jeff Irwin (@JeffMIrwin) January 20, 2016

Last Call For Water Water Everywhere

In the comments, our good friend Prup has called me out on not covering the potable water situation in Flint, Michigan.

I was surprised to find no coverage of the Flint, Michigan Water Crisis, as far as the index goes, at least. I have somewhat questioned what I see as an overestimate on racism in some of your posts. Where I see it as one on many factors, or as a major, but not the only, contributing factor, you sometimes see it as the only factor. But there's no question in this one that racism and poverty are the main factors, and it shows HOW they create a situation.

As usual, Jim's right.  I haven't given the situation in Flint more than cursory coverage.  Michigan GOP Gov. Rick Snyder has largely gotten a pass compared to his neighbor Scott Walker in Wisconsin, and especially since it involves Michigan. Much of America has given up on the state because there's only so much Republican outrage one can keep track of, given the clown car in 2016 and the growing disaster of Bevinstan here locally.

But the Flint story is hands down one of the worst abuses of Republican government power in a long time, and is definitely a story where, as Jim says, racism and poverty are the main factors. Rick Snyder is guilty of criminal negligence, and it's time for more people to make noise who, can, starting with myself, so here goes with David Graham's primer in The Atlantic:

In Flint, Michigan, a scandal over lead-tainted water keeps getting darker.

On Tuesday, Governor Rick Snyder declared a state of emergency due to lead in the water supply. The same day, the U.S. Department of Justice announced that it is investigating what went wrong in the city. Several top officials have resigned, and Snyder apologized. But that’s only so comforting for residents. They’re drinking donated water supplies—though those donations are reportedly running dry—or using filters. Public schools have been ordered to shut off taps. Residents, and particularly children, are being poisoned by lead, which can cause irreversible brain damage and affect physical health. It could cost $1.5 billion to fix the problem, a staggering sum for any city, much less one already struggling as badly as Flint is.

The story is horrifying, on a visceral, “this isn’t supposed to happen here” level. While attention has been slow to focus on Flint, the more that emerges, the worse the story seems. The latest question is when Snyder knew about the problem. This week, an email from Snyder’s then-chief of staff to a health-department official was turned over as part of a freedom-of-information request. In July 2015, Dennis Muchmore wrote:

I'm frustrated by the water issue in Flint I really don't think people are getting the benefit of the doubt. Now they are concerned and rightfully so about the lead level studies they are receiving. These folks are scared and worried about the health impacts and they are basically getting blown off by us (as a state we're just not sympathizing with their plight).

On Thursday, while declaring the state of emergency, Snyder wouldn’t say when he became aware of the lead problem in Flint. The governor—who likes to portray himself as a can-do manager—reportedly grew testy when asked repeatedly about his own awareness.*

How did Flint's water supply get poisoned?  Effectively, Snyder's orders.

The problem dates back to April 2014, when Flint was under the direction of an emergency manager appointed by the state to try to fix the broken city. (Michigan law provides for the governor to select managers, and the provision has been used in several places in recent years, most prominently Detroit.) To save money, the city began drawing its water from the Flint River, rather than from Detroit’s system, which was deemed too costly. But the river’s water was high in salt, which helped corrode Flint’s aging pipes, leaching lead into the water supply.

The move saved millions, but the problems started becoming apparent almost immediately. The water starting smelling like rotten eggs. Engineers responded to that problem by jacking up the chlorine level, leading to dangerous toxicity. GM discovered that city water was corroding engines at a Flint factory and switched sources. Then children and others started getting rashes and falling sick. Marc Edwards, a Virginia Tech environmental-engineering professor, found that the water had nearly 900 times the recommend EPA limit for lead particles. As my colleague Alana Semuels noted in a deeply reported feature in July 2015, residents believe the city knew about problems as soon as May 2014. Yet as late as February 2015, even after tests showed dangerous lead levels, officials weretelling residents there was no threat.

The July 2015 date on Semuels’ story emphasizes the incredible slowness of authorities to respond. That was more than a year after the switch to water from the Flint River. This week’s state declaration of Emergency comes some 20 months after the switch. How did it take so long to get anything done?

Jim's already answered this question for us:

Not even his worst enemies would accuse Rick Snyder of deliberately trying to poison a community of poor, mostly black, working class people, any more than the pharm executive that sends out of date medicine wants to kill Africans. What it is is trying to handle a situation, usually a minor one ("We have to get rid of these pills but the bottom line would be better if we actually got something for them rather than throwing them into the dumpster" or "we can save money by switching the water supply in Flint, but buying and figuring out how to add this chemical is cheap, but it's such a hassle. And it's just for that bunch of n's in Flint, they're mostly criminals anyway, so why go through it. Probably the scientists are over-reacting, the water can't be that bad, can it. It smells funny -- but then so do they *snigger* -- and so, if some of them get upset tummies, it won't be that bad." Only, as we've found, lead in water gives a lot worse than upset tummies, like life-time brain damage.)

The intersection of Republican indifference to those people, institutionalized racism and classism, slashing even basic government services into non-functionality and a crumbling infrastructure that nobody wants to spend money to fix has directly resulted in the situation in Flint.  More of this will follow, and probably already is happening, in places around the country where the people that don't matter aren't able to make their voices heard over fracking lobbyists, mining companies, chemical giants and conservative think-tanks.

The fact is if this had been a white community, the water problem would have been fixed in 20 days or 20 weeks, not 20 months.

The best part?  The failure in Flint will be used by conservatives to say "See?  You can't even trust government to provide you with clean water anymore.  We need to privatize this now!"

Meanwhile the most vulnerable will continue to suffer, because hey, we don't even believe in fixing the pipes around here anymore, and we keep electing people who assure that will never happen.