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Signs Point To Trump Getting Tougher On China Over Trade

For all his harsh rhetoric about unfair trade practices by China, President Trump stopped short of taking any punitive actions against Beijing during his first year in office.

That may be about to change, however.

Over the next few weeks, the Trump Administration is expected to release the results of a seven-month investigation into Chinese trade practices, under Section 301 of the Trade Act of 1974, a move that could lead to punitive actions against the country and at worst provoke a trade war that would hurt a lot of US businesses.

“The Trump Administration has made it very clear that it believes that it has the authority under Section 301 to threaten or impose tariffs on China directly over these practices,” says Edward Alden, senior fellow at the Council on Foreign Relations.

Section 301 gives the president wide latitude to impose penalties such as reciprocal bans on cross-border investments and tariffs on a wide variety of Chinese goods, he says.

It also could band together with allies to force China’s hand at the World Trade Organization. Countries in Asia, Latin America and Europe have long complained about Chinese trade practices such as forced transfers of technology, illegal government subsidies and dumping of low-cost exports in an effort to weaken competitors.

“I think there’s a widespread and growing consensus around the world that China is not playing by the rules and that together we as allies and trading partners need to take many, many different kinds of measures to ensure a level playing field,” says Trump trade adviser Peter Navarro, a staunch China critic.

Trump has been excoriating China for years, accusing it of blocking access to its markets for foreign companies.

Once in office, he has been slow to match his rhetoric with actions. His administration failed to label China a currency manipulator, even though Trump promised to do so during the campaign.

He may have hesitated in part because he needed Beijing’s help with North Korea, and because the prospect of a trade war scares US companies such as Boeing, which earn a lot of money in China.

But a clash seems almost inevitable, given China’s outsized role in global trade today.

“If you’re concerned about the large US trade deficit, which the president is and has said he is repeatedly, most of that’s a China problem,” Alden says.

Still, any move to punish China carries risks for the United States and the world as a whole.

The countries of the world have spent decades carefully crafting laws meant to regulate the flow of trade, says Dan Ikenson, director of the Cato Institute’s Herbert A. Stiefel Center for Trade Policy Studies. Dispute between nations are meant to be settled at the WTO.

If the US opts to act on its own, it could undermine the infrastructure of global trade in a way that causes more problems than it solves, he says.

“My main concern is that we actually go forward with these unilateral duties, and the rest of the world sees the United States as disavowing the WTO, China retaliates and the costs start to spread across the US economy,” he says.

While China has sometimes shown it’s willing to change some of its more egregious trade practices, it’s also made clear it will go at its own pace.

Too much pressure from Washington is likely to be seen as bullying by Beijing and could invite retaliation against US companies.

But after lobbing so much criticism at China over the years, Trump may feel he has little choice but to take action of some kind.

As Navarro sees it, such action has been a long time coming.

“It’s staggering—staggering!—what China does in terms of cheating the international system, and it’s refreshing that we finally have a president that’s standing up for all the American people and standing up to China on all this.”

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Game Over For Toys R Us: Chain Going Out Of Business

Numerous locations of Toys R Us, including this one in London, are offering going-out-of-business sales.

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Updated at 7:10 p.m. ET

After decades of being the go-to toy store for many Americans, Toys R Us is officially going out of business. Unable to get its finances in order through a months-long bankruptcy process, the retail chain has reached the end of the line.

Toys R Us has informed employees that the company plans to sell or close all of its U.S. stores, according to a person familiar with the plans who spoke anonymously because the official liquidation filing has not been publicly disclosed yet. The person did not say how long the wind-down will take but said the shutdown will not be immediate.

The chain employs more than 30,000 people in the U.S. and includes Babies R Us stores.

Toys R Us has struggled with a heavy load of debt inherited from a 2005 buyout, as well as intense competition from Walmart, Amazon and Target — made worse by disappointing holiday sales.

The chain — whose history traces back to a post-World War II baby furniture store — has spent many decades as the country’s largest dedicated toy emporium. In 2017, Toys R Us accounted for roughly one-fifth of toy sales in the U.S., according to Jefferies analyst Stephanie Wissink.

But in recent years, Toys R Us has found itself amid a trifecta of demographic and social changes, Wissink says.

Today’s parents are the millennial generation who grew up with the Internet and approach purchasing decisions and time they spend with children differently from baby boomers. Generally, foot traffic is falling at brick-and-mortar stores. And children are playing differently than they used to decades ago.

“Kids are generally happily scheduled many nights of the week,” Wissink says, “so the ability to devote dedicated time to play is being constrained.” They spend more time on activities and with electronic screens, she says.

Wissink also points out that the toy business is seasonal — three-quarters of sales take place during the holidays. This has weighed on Toys R Us, especially in the face of massive pressure from Amazon and Walmart.

Without Toys R Us, Wissink estimates that 85 percent to 90 percent of the shopping that would normally happen at the toy chain would shift to other retailers.

“What I worry about are many, many small companies,” she says — toymakers not big enough to negotiate deals with the giant retailers, but which have relied on being discovered by Toys R Us shoppers. “Many of those companies are likely going to be up for sale,” Wissink says.

At a Toys R Us store in Bailey’s Crossroads, a Virginia suburb of Washington, D.C., numerous shoppers were turning up to spend their gift cards, worried about the impending closings.

Mary Henely brought her son Thomas to buy some Legos. “I recognize that it’s a sign of the times with online shopping, perhaps. But I think it’s disappointing,” said Henely, who said she shops at Toys R Us about once a month.

Eunice Turner came to the store to buy in-line skates for her daughter. “It’s sad,” she said about the decline of Toys R Us. “In wintertime I look forward to going to Toys R Us, because this is the only place where kids can actually see toys and play — more than Kmart, more than Walmart and all those places. This is just meant for kids.”

The company has been laden with $5 billion in debt — a relic of a 2015 leveraged buyout. Private equity firms Bain Capital and KKR, together with real estate investor Vornado Realty Trust, took over Toys R Us and loaded the company with debt.

For years, Toys R Us paid a hefty interest fee. Meanwhile, the chain lagged further behind in technology and online sales strategy, while missing the mark on some major investments, such as licensed Star Wars toys and Lego movies.

When Toys R Us declared bankruptcy in September, the company said it would keep its stores open while it tried to regain financial footing. In January, Toys R Us announced plans to close almost 200 stores. While most retailers saw a boon from a perky holiday shopping season, Toys R Us faced what it called “operational missteps.”

According to The Wall Street Journal, Toys R Us owes a lot to the biggest toymakers: “Mattel and Hasbro are among Toys ‘R’ Us’s biggest unsecured creditors. Mattel is owed more than $135 million, while Hasbro is owed $59 million, according to court papers.”

NPR’s Ian Wren contributed to this report.

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President Trump Blocks Broadcom's Takeover Of Qualcomm, Citing National Security

Qualcomm.

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In an unusual step, President Trump has signed an executive order blocking Broadcom’s $117 billion bid to buy Qualcomm. The order released Monday cited “credible evidence” that led Trump to believe the Singapore-based Broadcom, in purchasing America’s largest mobile chipmaker, “might take action that threatens to impair the national security of the United States.”

“The proposed takeover of Qualcomm by the Purchaser is prohibited,” the president said in his order, “and any substantially equivalent merger, acquisition, or takeover, whether effected directly or indirectly, is also prohibited.”

Trump said his decision was informed by a recommendation from the Committee on Foreign Investment in the United States, an interagency panel that — in its own words — investigates “transactions that could result in control of a U.S. business by a foreign person.” The group evaluates these deals according to their possible effects on national security.

The CFIUS had already openly suggested its concerns with the massive tech merger. Aimen Mir, a top Treasury Department official serving on CFIUS, sent a letter earlier this month voicing those concerns to attorneys representing both companies.

As NPR’s Alina Selyukh reports, those concerns center especially on “the future of mobile connections,” where Qualcomm has been an industry leader.

“Countries around the world have been racing to develop technology for the new generation of wireless called 5G,” she explains. “It will power all the devices that are starting to connect to the Internet — like smart home speakers and even cars.”

Though Broadcom is based in Singapore, the principal worry rests with China. If Qualcomm’s “technological leadership” diminishes, Mir said in his March 5 letter, Chinese tech companies stand to gain in the race to develop 5G.

“Reduction in Qualcomm’s long-term technological competitiveness and influence in standard setting would significantly impact U.S. national security,” Mir wrote. “This is in large part because a weakening of Qualcomm’s position would leave an opening for China to expand its influence on the 5G standard-setting process.”

He also noted that Department of Defense programs rely on access to Qualcomm products.

This weekend, before Trump’s order, Mir wrote the same lawyers again, this time to note that the CFIUS investigation “has so far confirmed the national security concerns” identified in his earlier letter.

Broadcom, for its part, had argued earlier Monday — before the president’s order — that the national security fears were unwarranted because it plans to redomicile to the U.S. by early April.

“Broadcom, which is in all important respects a U.S. company, has been repeatedly approved by CFIUS in its previous acquisitions of U.S. companies,” the company said in its statement, “and has always engaged productively with CFIUS to ensure U.S. national security is protected.”

Trump disagreed with this line of reasoning, however. And he said he has directed Treasury Secretary Steven Mnuchin, to send a copy of his order blocking the merger to Qualcomm and Broadcom.

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How One Teacher Tweaked Her Lesson Plan For A New Career

Former schoolteacher Liz Stepansky at her new job as a speech pathologist at a hospital in Washington, D.C.

Mette Lutzhoft/Mette Lutzhoft

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Growing up, Liz Stepansky, the daughter of two schoolteachers in small town Illinois, thought teaching was the way to a stable, meaningful life.

“My dad would have students that would come back and visit him even years after they had graduated high school,” she said. “And to see him develop relationships like that, it seemed like a pretty important job. I liked that.”

After graduating from college in 2008, Stepansky, now 33, decided to follow in her parents’ footsteps, and was ecstatic when she landed her first job as a public middle school teacher in South Carolina.

“I couldn’t wait,” she recalled. “I had ordered all the books, and planned out my classroom and how I was going to have things organized, and I was ready. I was ready to begin my teaching career.”

But when September rolled around, Stepansky found that she “had no idea” what she was in for. She said her middle school students dialed 911, threw balloons filled with bleach and ink in hallways and constantly pulled the fire alarm.

“Four of those occasions were actual fires started by students,” she said. “Another teacher had a dead mouse put on her chair. I had a student put a frog in my coffee.”

As her frustration with her students’ antics built up, so did the hours she spent at school. Way past the dismissal bell, she was “calling parents, doing lessons preps,” she said. “I’d go home and sometimes I’d spend an hour grading papers. And then I’d go back the next day and do it all over again. … I remember my paycheck being $800 and something every two weeks.”

Stepansky transferred to another school, this one in Virginia, and encountered similar frustrations. After two years of teachingat public middle schools, Stepansky wondered: Was she wasting her time?

Then a re-connection with an old friend brought her back to another childhood interest: Speech pathology, a field of assessing, diagnosing and treating communication and swallowing disorders.

“I got a friend request from someone I was best friends with in fifth grade, and I noticed that she was a speech pathologist,” Stepansky said. “Growing up as a child, I went to a speech pathologist at our school. I couldn’t pronounce my R’s and my S’s. … I started thinking, ‘Maybe that would be an option to consider.’ “

All of the things that attracted Stepansky to teaching in the first place — education, compassion and interest in the progress of others — were present in this job, too, and its prospects were good: Schools and hospitals are in dire need of speech pathologists, and the BLS projects that speech pathologist employment will grow 18 percent from 2016 to 2026, “much faster” than the average for all occupations. Meanwhile, teachers who are college-educated are facing higher wage gaps than ever, according to the EPI.

After scouring the web to learn how to enter the field, Stepansky realized she would need to go back to school. She quit her teaching job, applied to the University of Virginia’s graduate program — and was denied.She took a job at a veterinary clinic, and volunteered at a local hospital and enrolled in prerequisite classes at a community college to strengthen her follow up application.

A year after her first attempt, Stepansky was accepted to UVA. She spent two and a half years taking classes and doing clinical work, and graduated to a fellowship in her favorite clinical placement — working with adults in a hospital.

Now, Stepansky has been working the National Rehabilitation Hospital in Washington, D.C. for just over a year. A standard day involves diagnosing patients and designing treatment strategies, including singing songs and playing card games designed to build patients’ language and communication skills.

“I’ve made a change in the people that I see, but kind of at the heart of it, I’m doing the same thing,” she said. “I’m showing someone how to do something, and eventually do it without me.”

Most of her Stepansky’s patients are persons who are re-adapting to life after experiencing strokes. Stepansky said working to rehabilitate their language and speech abilities is particularly emotional. “They are so much more appreciative, because they know the difference,” she said.

Stepansky said she has no regrets in changing up her career path. “As I was teaching, I kind of was looking at my friends who had established careers and knew what they wanted to do thinking gosh, I wish that was true for me,” she said.

“To be in a job where I love what I’m doing is kind of a gift, and it makes going through this whole process and this whole transition more than worth it.”

Former NPR Story Lab Intern Mette Lutzhoft helped produce this story for broadcast.

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Remembering The Impact Of Bush's Short-Lived Steel Tariffs

President Trump isn’t the first to impose steel tariffs in the U.S. NPR’s Michel Martin talks to Trans-Matic Manufacturing President PJ Thompson about how his company adapted to steel tariffs in 2002.

MICHEL MARTIN, HOST:

We’re going to start the program today looking at a couple of the president’s moves this week that upended past policies and shocked even allies and supporters. On Thursday, he signed orders to impose steep new tariffs on imported steel and aluminum, that against the objection of many members of his own party. And in the same day, the president said he had accepted an invitation to meet face-to-face with North Korean leader Kim Jong Un. We’ll look at both of these in turn. And we’re going to start with the tariffs.

Now, this was something President Trump promoted during his campaign, but the steel came as a shock to some allies, the financial markets and even some supporters. Normally a decision like this comes after a long period of negotiation and consultation. So in the absence of that, we’ve been canvassing people who are directly connected to those industries to get their perspectives. We were reminded that President George W. Bush imposed tariffs on steel in 2002, which he then rolled back a year later. We were looking for people who remember the impact of that decision, and we found P.J. Thompson. He is the president and second-generation owner of Trans-Matic Manufacturing. That’s a metal stamping company out of Holland, Mich. We reached him at the Precision Metalforming Association’s annual conference in Tucson, Ariz.

P.J. Thompson, thanks so much for stepping out of the conference to talk to us for a couple minutes.

P.J. THOMPSON: Thanks for having me.

MARTIN: So I have to ask you, speaking from this conference where there are steel manufacturers represented, there are people who buy steel represented, what’s the mood there?

THOMPSON: Well, there’s a lot of uncertainty, really, across the industry right now. My company and many like kind companies, we’re consumers of steel. We purchase steel. We use steel as a raw material in our component parts that we produce, and then we, in turn, we sell those into markets like automotive, other durable goods products and so on. So there’s a lot of concern right now that our primary input to our production process, that being steel, is suddenly going to spike up. I would say that our concerns are not just the increase in price but also the uncertainty about availability of supply.

MARTIN: For people who are unfamiliar with what your company does with metal stamp, would you just describe what your company produces…

THOMPSON: Sure.

MARTIN: …And how the price affects your bottom line?

THOMPSON: Yeah. Yeah, we make component parts that are custom to our customers’ end needs. So, like, if a company is making an automotive system product like an anti-lock brake, we can make the steel sleeves that might go into the control unit. Or if they’re making oxygen sensors, we can make the sensor housings. Anything that requires an engineered form component part is what we make.

MARTIN: So as we mentioned earlier, there was a recent experience with steel tariffs, which was in 2002. Do you remember that time? What happened then?

THOMPSON: That was really one of the first times that many of us experienced something, like, you know, tariffs put on a product like steel that explicitly. And back then many companies like Trans-Matic did in fact experience fairly dramatic increases in the cost of material. That went, you know, both ways – some good, some bad. It also enabled us to present price increases to our customers for a very explicit reason, and we were in an environment where price increases were unheard of. But the negative part is the fact that many of the consumers, a company like Trans-Matic, there’s kind of an asymmetrical relationship between us, the companies that we buy steel from and the companies we sell our parts to. You know, we’re a small, mid-market-sized company. Oftentimes, we don’t have the negotiating power on either end to protect ourselves.

MARTIN: Do you remember any of the details during the course of that year when those tariffs were imposed?

THOMPSON: Sure. Like, our company, we were fortunate in that we were able to capture a large amount of these sudden price increases through increases in prices to our customers. Some companies were not so lucky, either because they didn’t have the leverage with their customer, meaning their customer could simply say, no, I will not accept that price increase and or I’ll just get my part from another supplier. There were also companies who, unfortunately, thought that they could just absorb these cost increases and somehow everything would work out OK. It doesn’t work out OK. When a manufacturer has one of their input costs increase like that, it has to be borne eventually by whoever’s going to be consuming the product, and that would be the customer. And what we foresee, you know, a very real possibility, is that the consumers in the United States will bear a lot of the price of these tariffs.

MARTIN: That’s P.J. Thompson. He’s the president and second-generation owner of Trans-Matic Manufacturing. That’s a company based in Holland, Mich. And, as we mentioned, he was nice enough to step out from the Precision Metalforming Association’s annual conference in Tucson, Ariz.

Mr. Thompson, thanks so much for talking to us.

THOMPSON: Thank you for having me.

Copyright © 2018 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

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Martin Shkreli Sentenced to 7 Years For Securities Fraud

Former pharmaceutical CEO Martin Shkreli (left) was sentenced to seven years for securities fraud on Friday.

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Martin Shkreli, the former pharmaceutical executive who has been publicly excoriated for sharply increasing the price of a lifesaving HIV drug and derisively referred to as the “Pharma Bro,” was sentenced on Friday to seven years in prison for defrauding investors in two failed hedge funds and a drug company he once ran.

It’s less than half of the 15 years prosecutors were seeking, but it far exceeds the minimum 18-month sentence Shkreli’s attorneys were hoping to secure for their client, whose 35th birthday is later this month.

Shkreli was found guilty on two counts of securities fraud for duping hedge fund investors in MSMB Capital Management and MSMB Healthcare about the financial performance of the two companies that he operated. And he was convicted of conspiracy to commit securities fraud for manipulating stock shares of Retrophin, a pharmaceutical company he created.

U.S. District Judge Kiyo Matsumoto also ruled Monday that Shkreli must forfeit the money he made from his fraud — nearly $7.4 million — and pay a $75,000 fine. And, as NPR’s Colin Dwyer reported, if Shkreli can’t come up with the funds to pay back the government, he’ll have to hand over a few prized possessions, including a one-of-a-kind Wu-Tang Clan album and a Picasso painting.

Shkreli, who has often appeared defiant both in the courtroom and in interviews, made a sob-filled plea for leniency during the 2 1/2-hour proceedings leading up to Matsumoto’s decision, according to CNBC.

” ‘The one person to blame for me being here today is me,’ a choked-up Shkreli told a judge before she imposed the prison term. ‘Not the government. There is no conspiracy to take down Martin Shkreli.’

” ‘I took down Martin Shkreli with my disgraceful and shameful actions.’

” ‘This is my fault. I am no victim here,’ Shkreli said, before breaking down into tears as he promised not to let his lawyer Benjamin Brafman down in his efforts to contribute to society.

” ‘Do not feel bad for me,’ Shkreli told a packed courtroom that included many of his supporters and family members.

“And he had a message for the investors he duped: ‘I am terribly sorry I lost your trust … You deserve far better.’ “

Shkreli emerged as a public villain in 2015 after raising the price of Daraprim by more than 5,000 percent, from $13.50 to $750 per pill as CEO of Turing Pharmaceuticals. A later offer to pay $5,000 for a strand of Hillary Clinton’s hair — follicle included — after his conviction when he was out on bail, did nothing to rehabilitate his image. In fact, Matsumoto sent him back to jail for the stunt that Shkreli later claimed was a joke.

In a letter to the judge dated Feb. 26, Shkreli wrote:

“I feel I should try to explain my personality.

“I am an irreverant and free-wheeling individual, who has never been shy about speaking my mind. I am an individual who prizes equal rights, scholastic achievement and individuality. Please understand that when I get into a public war of words with someone, my comments do not always reflect my true nature. Sadly, when I get dragged into a mud fight, I often dive in, head first.”

Shkreli has been held in a federal prison in Brooklyn, N.Y., for six months. He said being behind bars is “both the most frightening experience of my life but also an opportunity for me to see a side of the world seldom seen or discussed.”

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Steelworker Union Leader On Why He Supports Trump's Tariffs On Imports

In a hotly contested move, President Trump formally ordered tariffs on steel and aluminum imports Thursday. Before the signing, several workers from the industry spoke, including Scott Sauritch, a steelworker union leader in West Mifflin, Pa.

MARY LOUISE KELLY, HOST:

President Trump made good today on his pledge to protect the U.S. steel and aluminum industries. He ordered steep tariffs on imported steel and aluminum, and he invited workers from those industries to watch him sign that order. One of those workers is Scott Sauritch. He’s the leader of the Steelworkers 2227 local union in West Mifflin, Pa.

(SOUNDBITE OF ARCHIVED RECORDING)

SCOTT SAURITCH: My father, during the ’80s, he lost his job due to imports coming into this country. And I just want to tell you what that does to a man with six kids is devastating. So I never forgot that looking into his eyes in my household what that does to a family. You hear about it, but when you’re actually involved and it impacts you, it’s – it’ll never leave you.

KELLY: And Scott Sauritch joins us now. Thank you so much for speaking with us.

SAURITCH: Yes, ma’am, go ahead. How are you?

KELLY: I’m well, thank you. And I thank you for joining us. What was it like to be at the White House and tell that story and have the president respond to it?

SAURITCH: I – it was – I still don’t have words for it. I can tell you it was unexpected. I didn’t plan to be there.

KELLY: Yeah.

SAURITCH: You know, they just – the steelworkers from the International said we were on a mission. And they said, gather up the troops – and I was one of them – we’re going to D.C. You know, it’s a possibility that it could be signed. You know, we didn’t know if it was going to happen or not. And so, hey, I had no idea where I was going to be and how it was going to go down. But, you know, I’m still – I’m tickled pink.

KELLY: Yeah.

SAURITCH: And I’m very, very happy.

KELLY: I gather it was quite the scene – a lot of Cabinet officials and men and women wearing blue jeans…

SAURITCH: Oh, yeah. Absolutely.

KELLY: …And hard hats all packed in. Did they tell you to bring the hard hats or did they pass them out there?

SAURITCH: Well, (laughter) you know, here’s – yeah, we probably could’ve. But, you know, we just brought coming down in regular…

KELLY: Worked itself out.

SAURITCH: …Union attire. Yeah, our union attire.

KELLY: But tell me why you think tariffs like this will help people like you.

SAURITCH: Well, I think if you’ve got the upper 1 percent, they don’t have a clue what the engine of society, the middle-class people, what we do. And with that being said, I can tell you that I’ve seen as I’m – you’re going up and down the valley where we live the compromised communities that all were economically filled with steelworkers that were doing very well. And to see the communities struggling – now you get a shot in the arm like this. It adds more security. And it opens up some great opportunity for many people. Maybe many people with no hope, but especially for Granite City.

KELLY: May I ask you in the short time we have left, what about the the other side? Do you hear the fears that people have raised about – that this could spark a trade war?

SAURITCH: I – you know, let’s face it. Any time there’s something going on in one way you hear stories and propaganda on another source. But I think this all needs action right now. And let me tell you something. For – if anything had to happen, this change in the steel industry, this attention what’s going on right now had to happen.

KELLY: Right. Right. Right. This…

SAURITCH: For the infrastructure and the safety and security it needed to happen.

KELLY: That’s Scott Sauritch. He is head of the Steelworkers 2227 local union in West Mifflin, Pa. Mr. Sauritch, thanks so much.

SAURITCH: Thank you so much for having me.

Copyright © 2018 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

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FBI Used Paid Informants On Best Buy's Geek Squad To Flag Child Pornography

Documents show the FBI paid technicians on Best Buy’s Geek Squad for reporting suspected child pornography found during computer repairs.

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The FBI paid Best Buy Geek Squad employees as informants, rewarding them for flagging indecent material when people brought their computers in for repair.

That’s according to documents released to the Electronic Frontier Foundation, a digital civil liberties organization, which filed a Freedom of Information Act lawsuit seeking records that might show warrantless searches of people’s devices.

EFF filed its complaint last year after revelations about the FBI’s interactions with Geek Squad technicians emerged in the case of Mark Rettenmaier, an Orange County, Calif., physician and surgeon who took his computer in for repair when it wouldn’t boot up. Rettenmaier faced child pornography charges after a Geek Squad employee flagged his computer to the FBI.

In May, a federal judge threw out almost all the evidence (which prosecutors said included hundreds of images of child pornography) because of “false and misleading statements” an FBI agent made in an affidavit to get a search warrant for Rettenmaier’s house. The government ended up dropping the charges against him.

The records now released to EFF shed a bit more light on the relationship between Best Buy and the FBI. The documents show a range of interactions: a $500 payment from the FBI to a Geek Squad employee, a meeting of the agency’s Cyber Working Group at Best Buy’s computer repair facility in Kentucky, and a number of investigations in which Geek Squad employees called the FBI field office in Louisville after finding suspected child pornography.

A key question is whether Best Buy employees “go fishing” in customers’ devices with the goal of helping the FBI.

That’s what Rettenmaier’s attorney James Riddet argued a Geek Squad technician had done when he searched the “unallocated space” of Rettenmaier’s computer, where he found an image that was used to persuade a judge to grant a search warrant for his home.

“Their relationship is so cozy,” Riddet told The Washington Post last year, “and so extensive that it turns searches by Best Buy into government searches. If they’re going to set up that network between Best Buy supervisors and FBI agents, you run the risk that Best Buy is a branch of the FBI.”

Best Buy tells NPR that it does indeed report discovery of child pornography to law enforcement, citing a “moral and, in more than 20 states, a legal obligation” to do so — but it says it prohibits employees from looking for “anything other than what is necessary to solve the customer’s problem.”

EFF says it is concerned the FBI is using Geek Squad informants to conduct private searches as a means of circumventing Fourth Amendment protections against warrantless searches.

“[T]he FBI’s Geek Squad informants should plainly qualify as agents of the government,” EFF wrote in May. “The records disclosed thus far indicate that FBI agents paid Geek Squad informants to conduct these wide-ranging searches of customers’ devices, suggesting that officials both knew about the searches and directed the informants to conduct them. The payments Geek Squad informants received also demonstrate that they conducted the searches with the intent to assist the FBI.”

Best Buy says it has “not sought or received training from law enforcement in how to search for child pornography” and has “redoubled our efforts to train employees on what to do — and not do — in these circumstances.”

The company says that three of the four employees who allegedly received payment from the FBI for turning over child pornography are no longer with the company, and the fourth was reprimanded and reassigned. “Any decision to accept payment was in very poor judgement and inconsistent with our training and policies,” it said in a statement to NPR.

The FBI would not comment on the matter, citing ongoing litigation. “In addition,” a spokesman said in an email to NPR, “the FBI does not provide any information on the dealings with informants, for obvious reasons.”

You can read the relevant documents released so far here and here.

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Deal To Take Over The Weinstein Co. Falls Through

Maria Contreras-Sweet led a group of investors seeking to acquire Weinstein Co. and install a women-led board of directors.

Evan Vucci/AP

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Evan Vucci/AP

Updated at 8:45 p.m. ET

The effort by a group of investors to buy the Weinstein Co., founded by the disgraced Hollywood mogul Harvey Weinstein, has ended.

The collapse of the deal was confirmed in a statement issued Tuesday by Maria Contreras-Sweet, a former Obama administration official.

“All of us have worked in earnest on the transaction to purchase the assets of The Weinstein Company. However, after signing and entering into the confirmatory diligence phase, we have received disappointing information about the viability of completing this transaction.

“As a result, we have decided to terminate this transaction.”

A source familiar with the deal told NPR that the “disappointing information” was the revelation of another $50 million-plus of debt, in addition to that previously known by the investors. Another source close to the negotiations said it was a combination of the new information and the worry that more debt could be uncovered later that killed the deal.

The Weinstein Co. board of directors released a statement saying it had always been open about the firm’s financial straits, and added, “We regret being correct that this buyer simply had no intention of following through on its promises.”

Contreras-Sweet had headed the Small Business Administration under President Barack Obama. She led a group of investors backed by billionaire Ron Burkle.

As the Two-Way reported, the investor group had hoped to salvage the New York-based Weinstein Co. after it announced in late February that it would file for bankruptcy in the wake of a storm of allegations of sexual misconduct, including rape, against Harvey Weinstein.

The company also was hit by a civil rights lawsuit filed by New York Attorney General Eric Schneiderman alleging that it broke state laws against sexual harassment and discrimination.

“We’ll be disappointed if the parties cannot work out their differences and close the deal. Our lawsuit against the Weinstein Company, Bob Weinstein, and Harvey Weinstein remains active and our investigation is ongoing,” said Schneiderman’s press secretary Amy Spitalnick.

In a statement, Contreras-Sweet thanked Schneiderman, Burkle and other investors involved in the now-collapsed deal. She also left open the possibility of pursuing company assets in bankruptcy proceedings.

“I believe that our vision to create a women-led film studio is still the correct course of action. To that end, we will consider acquiring assets that may become available in the event of bankruptcy proceedings, as well as other opportunities that may become available in the entertainment industry.

“I remain committed to working to advance women’s business ownership in all sectors and to inspire girls to envision their futures as leaders of important companies.”

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