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NPR's Head Of News Placed On Leave After Past Harassment Allegations Surface

NPR has placed its senior vice president for news, Michael Oreskes, on leave after fielding accusations that he sexually harassed two women seeking career opportunities nearly two decades ago, when he worked at The New York Times.

Michael Oreskes was hired to lead NPR’s news and editorial operations in March 2015.

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Chuck Zoeller/AP

The allegations from the two women were first reported by The Washington Post on Tuesday afternoon. They included similar accounts of unwanted and unexpected kisses during business meetings.

Meanwhile, a current NPR employee is going public with her account of filing a formal complaint with the network’s human resources division in October 2015. Rebecca Hersher says she considers the incident less severe but nevertheless felt it crossed a line and made her uncomfortable. At the time a 26-year-old assistant producer on Weekend All Things Considered, she said Oreskes hijacked a career counseling session into a three-hour-long dinner that delved into deeply personal territory.

Oreskes did not respond to multiple efforts to reach him for comment. NPR executives say that they cannot address individual personnel matters but that they take concerns of sexual harassment or other inappropriate workplace behavior seriously.

According to The Washington Post, there were two separate complaints about Oreskes from his tenure as Washington bureau chief at The New York Times nearly 20 years ago. Both women tell similar stories: After meeting Oreskes and discussing their job prospects, they said he unexpectedly kissed them on the lips and stuck his tongue in their mouths. The Post did not disclose their names, stating they spoke on condition of anonymity because they did not want to damage future employment prospects. The women also shared their allegations with NPR management in mid-October.

After joining NPR in the spring of 2015, Oreskes encouraged staffers to reach out to him to discuss their careers during his visit to NPR West in Culver City, Calif. At the time Hersher had been working a series of temporary assignments for NPR, and she took him up on his offer during a subsequent visit to Washington. An afternoon meeting was pushed off into evening and an invitation to dinner at a seafood restaurant near Union Station.

Hersher, now a reporter and producer on NPR’s science desk, says she wanted to tell him about her belief that she would need to leave NPR to transform from a producer to a reporter. Her dinner with Oreskes became increasingly uncomfortable as the conversation veered into personal matters involving relationships and sex. At one point, she says, he referred to a former flame as his first “sex girlfriend.”

Hersher says the conversation made her uncomfortable.

“From my point of view, every little thing that he or I said pointed to the relative difference in power,” she said. “Like he’s the one with the power. He’s the one who gets to decide what we talk about — and I am trying to keep up.”

Hersher said he gave her what seemed like a nonromantic hug at the train station afterward, and that he did not otherwise touch her or suggest any physical involvement.

Still, Hersher said Tuesday, the entire evening felt as though it devalued her as a professional. She suddenly questioned why a senior executive would care about her career.

“I went to the train station, and I called my best friend; I cried on the phone to her,” Hersher says. “I went home and then I cried to my boyfriend. It undercut my confidence in a way that was surprising to me.”

Hersher reported the incident to NPR’s human resources division. The network formally rebuked Oreskes and informed other top network executives. Hersher said she felt satisfied with the company’s response and that she experienced no retribution.

Two colleagues at NPR confirmed that Hersher told them of the incident at the time. I did considerable reporting on the episode in spring 2016. At that time, Hersher was not willing to go on the record for a news story, and I was unable to confirm a pattern of behavior by Oreskes. The incident did not involve anything physical, and there was no force, retribution or request for a romantic involvement, and Hersher said she believed the network had held Oreskes appropriately accountable.

At the time, this reporter and editors of that story — who did not include Oreskes or anyone who reported directly to him — concluded that the incident on its own did not rise to the level of national news.

The new allegations concerning Oreskes’ tenure at The Times changed the equation.

In a note to staff on Tuesday, NPR CEO Jarl Mohn encouraged employees to come forward if they have been harassed.

“We take these kinds of allegations very seriously,” Mohn wrote. “If a concern is raised, we review the matter promptly. We take all appropriate steps to assure a safe, comfortable, and productive work environment for everyone at NPR. … This is our NPR. And I will stand up for it, and every one of you.”

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Facebook's Advertising Tools Complicate Efforts To Stop Russian Interference

Sen. Amy Klobuchar, D-Minn., (left) and Sen. Mark Warner, D-Va., holds a news conference Oct. 19 to introduce legislation designed to increase the transparency of political ads on Facebook, Twitter and other social media platforms.

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Facebook says 126 million people may have seen Russian content aimed at influencing Americans. Lawmakers on Capitol Hill want to weed out Russian operatives and extremist propaganda from Facebook.

But savvy marketers — people who’ve used Facebook’s advertising platform since its inception — say that social media giant will find it hard to banish nefarious actors because its technology is designed to be wide open and simple to use.

Unlike traditional ad buying, Facebook’s ad platform is self-service and automated, says Marty Weintraub, a marketing executive with the firm Aimclear. All an advertiser needs is a valid email address and a credit card. Facebook’s ad targeting software does the rest.

Advertisers have flocked to it because it works. Facebook’s done a great job of building “psychographic data” — not just facts about you that you offer up (like your birthday), but things you don’t say and your behavior reveals anyway (like your wedding anniversary, income level, if you own a home or play tennis). And this sophisticated targeting has been critical to Facebook’s success. Last year, the platform raked in nearly $27 billion in ad revenue

But several marketers say that Facebook’s cutting edge technology also allows scams, fake news and foreign interference to slip through the cracks, and seamlessly go viral.

The less subtle and the more viral the content, the more users engage and the better for Facebook’s bottom line. In the words of one Wall Street Journal writer, “If it’s outrageous, it’s contagious.” While Facebook is under political pressure to clean up shop, Weintraub says, it’s under far greater financial pressure to remain wide open.

“It’s their revenue their dealing with, so it’s not like they made a team of people from the NSA and said: lock this puppy down,” Weintraub says. His firm’s clients range from members of Congress promoting political campaigns to luxury brands marketing cars and handbags on Facebook.

Weintraub and his team demonstrate on his computer how to tailor an ad for a narrowly targeted audience. They start with the term “expats” — people who start their account in one country and then live in another. It’s a useful way to target immigrants — say for English language classes; or for a green card scam.

Aimclear, a marketing agency, created this ad search term for green card fraud to demonstrate how Facebook ads can be targeted to certain users.

Courtesy of Aimclear

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Courtesy of Aimclear

By adding user characteristics that Facebook tracks — country of origin, education level, interest in U.S. citizenship — an advertiser could, within minutes, build a target audience of people who are vulnerable, desperate and most likely to fall for a headline that reads: Get a green card for $400.

The same kind of targeting was used in the Russia-linked ads, only it was to seek out disenchanted Americans — supporters of Black Lives Matter angry at police brutality, or strident opponents of illegal immigration

Facebook has made changes in response to the revelations about Russia’s election interference. But they’ve typically been at the margins. Facebook doesn’t require every advertiser to show ID; but it does zap terms here and there. If you want to reach white supremacists, you can no longer target people with an interest in the KKK and David Duke. But you can still reach a similar audience by targeting those interested in certain racial conspiracy theories. It’s a game of whack-a-mole.

“The sharpest marketers in the world are going to find a way around any targeting system or redaction,” Weintraub says.

Facebook says it’s hiring more than 4,000 people to weed out fake accounts and violators. Still, company engineers are aggressively building new tools and enhancements that could make it far worse. Consider lookalike audiences. If an advertiser wants to target far-left extremists in California, she can just take an email list built from a rally attendance roster or from the cookies trackers of a far-left website and then feed it to the ad platform. The software does the rest, identifying more extremists without the advertiser having to say that’s what she’s looking for. “It’s a total blind. Facebook has no idea what targeting it’s providing you with,” Weintraub says.

(Disclosure: Facebook pays NPR and other leading news organizations to produce live video streams that run on its site.)

This week lawyers from Facebook, Google and Twitter will speak to Congress. Weintraub worries that lawmakers will get stuck in abstract policy debates, and not dig into advertising — the core of the business. “The tools are way deeper than you folks have even scratched the surface of,” he wants to tell lawmakers. “You have no idea what you’re dealing with here.”

Facebook plans to begin labeling ads as paid content, so it’s clear to users; and the company is regularly removing extremist interests — like KKK — from the advertising bucket. A spokesperson says it’s important to remember all the good that people promote through Facebook advertising — everything from disaster relief efforts to locally owned businesses.

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Puerto Rico Power Authority Calls To Cancel Dubious $300M Grid Contract

The Puerto Rico Power Authority canceled a massive energy contract to rebuild the island’s power grid. The contract had been with Whitefish Energy, a tiny Montana company with ties to the Trump Administration.

MICHEL MARTIN, HOST:

We’re going to start the program in Puerto Rico, where 70 percent of residents are still without electricity after Hurricane Maria destroyed the power grid more than a month ago. There are downed power lines and utility poles everywhere, which would be a tall order for repair under any circumstances. But today, the head of the Puerto Rican Power Authority announced that it is canceling the territory’s contract with Whitefish Energy. That’s the two-person electrical repair company out of Montana that had been signed to take on the huge project of restoring power to Puerto Rico. Now, this came after Governor Ricardo Rossello called for the cancellation in a press conference this morning.

(SOUNDBITE OF PRESS CONFERENCE)

RICARDO ROSSELLO: In the interest of protecting our public interest, I have asked the board of the power authority to invoke the cancellation clause in the contract immediately.

MARTIN: For more on this, we are going to go to Jason Beaubien, who is in San Juan, the capital of Puerto Rico. Jason, thanks so much for speaking with us.

JASON BEAUBIEN, BYLINE: Yeah, no problem.

MARTIN: So what’s the latest?

BEAUBIEN: So the latest is that, yes, this has been canceled. The governor basically asked the power authority to cancel it. And the power authority, just a little while ago, announced that they have done that. And, you know, the governor was – he had asked for a review of it by the comptroller earlier this week. He had asked the U.S. inspector general to look into it. Clearly, he was very unhappy with what he was seeing, as this being a no-bid contract to this tiny firm in Montana, charging rates that appeared incredibly steep. And even just that suspicion of corruption around it had become this huge distraction. And so now, this contract is cancelled.

MARTIN: Well, so tell us a little bit more about that if you would. Now, we already knew – or it had been known for, at least, a little bit of time now that Whitefish Energy is based, for example, in the same town as the interior secretary, Ryan Zinke, is from. The terms of the contract were concerning. So was there something that happened this past week that caused the governor to call for this move to cancel the contract?

BEAUBIEN: You know, I don’t think there was any one specific thing. It – he has not come out and said it was exactly this. But, clearly, the governor was growing more and more uncomfortable with the terms as they became more public and just this growing sense that there was something suspicious that had happened with it – with this deal – and that this deal was given, you know, as a sweetheart deal to a very tiny company.

There has been some connection between the people from Whitefish Energy and Secretary Zinke. They both have denied that there was any collusion on this contract or that the interior secretary had anything to do with it. Also, the power authority has said nothing illegal has happened. But, clearly, things had gotten to the point where he couldn’t just keep going forward with this. It had become a huge distraction, as I said a minute ago.

MARTIN: And before we let you go, Jason, do you have a sense of what the feeling is among Puerto Ricans about that? Is there – was there general concern over the terms of the contract, or are people just hoping to get their power back however they can?

BEAUBIEN: You know, across the political spectrum, there was a lot of people who wanted this contract to go. At the same time, Whitefish was a major player out there. They had hundreds of utility crew out on the – out there working. So this is going to be a setback, but I think most people here in Puerto Rico will welcome it.

MARTIN: That’s Jason Beaubien reporting for NPR in San Juan. Jason, thank you.

BEAUBIEN: You’re welcome.

Copyright © 2017 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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Solar Industry Anxious Ahead Of Tariff Decision

A U.S. trade commission next week will recommend whether to impose tariffs on cheap solar panels from Asia. The industry is divided over whether trade protection would cost jobs or create them.

MELISSA BLOCK, HOST:

The U.S. solar industry is on edge, waiting to see whether the Trump administration will impose steep tariffs on foreign-made solar panels. Unease over the looming decision is already affecting the market. Will Stone of member station KJZZ in Phoenix reports that a trade commission is set to make its recommendations to the president in just a few days.

WILL STONE, BYLINE: To see just how far solar has come, take a climb to the top of parking structure number five in the heart of Arizona State University’s campus. There are rows of solar panels and, every few minutes, a rising hum.

(SOUNDBITE OF TRACKER HUM)

LEE FELICIANO: That was the tracker moving two degrees to follow the path of the sun.

STONE: When Lee Feliciano developed this back in 2008, it was one of the biggest solar projects in Arizona. And these panels came at a premium. Since then, a lot has changed.

FELICIANO: Ninety percent decline in the price of the solar panels over less than 10 years. And part of that is due to volume. Part of that is due to an expanding global market and, really, the entry of China.

STONE: Cheap solar panels from Asia have led to a booming industry across the U.S. But now Feliciano, whose company invests in such projects, worries possible trade protections could so much as double the price of imported panels.

FELICIANO: This tariff could hit us within the next couple of months. And so there’s that uncertainty right now with almost our entire pipeline.

STONE: This threat of a tariff started when two domestic manufacturers of solar panels lodged a complaint under U.S. trade law arguing the flood of imports has made it impossible for them to compete. Attorney Tim Brightbill represents one of those manufacturers, SolarWorld.

TIM BRIGHTBILL: In order to have a strong solar industry, you have to have a strong manufacturing industry.

STONE: Brightbill argues domestic solar panel makers can’t compete with foreign dumping and panels priced well below the cost of production. He says a trade protection will actually create jobs.

BRIGHTBILL: Solar demand is going to continue to grow. Solar installations will grow.

STONE: But that’s not what most of the industry believes. They say it would kill tens of thousands of jobs tied to installing solar, especially when it comes to building the largest facilities, known as utility-scale solar. That sector has grown nearly 70 percent each year since 2010.

MORTEN LUND: It’s all a big math problem.

STONE: Morten Lund is a San Diego-based attorney who represents renewable energy developers and says if panels suddenly double in price…

LUND: That’s a completely massive, game-changing increase. And so it’s not something you can just casually plan around.

STONE: And the fate of such projects under a tariff could rest on which state they’re planned for.

LUND: Where the big solar was or was about to be price-competitive with other types of electricity, it almost certainly will no longer be competitive at all.

STONE: But that all depends on what regulators recommend to President Donald Trump – a tariff, a quota or some combination – and then what he ultimately decides to do. Shayle Kann is the head of GTM Research.

SHAYLE KANN: The president has fairly wide leeway to implement whatever he so desires.

STONE: Given Trump’s tough talk on China and support of tariffs in general, the solar market is now in turmoil as companies wait to see what happens. For NPR News, I’m Will Stone in Phoenix.

(SOUNDBITE OF LOWERCASE NOISES’ “PASSAGE”)

Copyright © 2017 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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Some Black Americans Turn To Informal Economy In The Face Of Discrimination

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What happens when you’re faced with a workforce that seems unwelcoming or even hostile? For people like Dennis Jackson, often the answer is to become your own boss.

In Los Angeles, he is making the best of an October heat wave by selling solar panels. Jackson says he has essentially always been an entrepreneur. He started in landscaping and moved toward solar panel installation.

The 40-year-old Detroit native says he chose those jobs because “there are not many black people in the industry. There’s some black guys that are landscapers, and we look at each other as unicorns because there’s not many of us.”

Race and how we perceive it affects what happens in the workplace. A poll by NPR, the Robert Wood Johnson Foundation and the Harvard T.H. Chan School of Public Health finds that a majority of African-Americans say they’ve experienced discrimination in hiring, pay and promotions.

There have only been a few brief times when Jackson has had a boss. He currently has a small operation — five employees and a few independent contractors. In many ways, he says, his entrepreneurial spirit has helped him avoid the glass ceiling.

“Discrimination, I try to avoid it at all cost,” Jackson says. “I’m not going to have to go through that because I’m going to write my own ticket.”

The poll found that 56 percent of African-Americans say they’ve experienced racial discrimination when applying for jobs and 57 percent say they’ve been discriminated against in being considered for promotions and in being paid equally.

Discrimination can deter African-Americans and other minorities from applying for certain jobs, says Marc Morial, a former mayor of New Orleans and current head of the National Urban League. Morial says the word gets out informally about certain industries and companies: “I’m not going to go over there and apply for a job because I heard they don’t like blacks.”

The employment picture overall and for black men has improved greatly since the Great Recession. But while the unemployment rate has plummeted for black men over 20, that number is still almost twice the rate of white men the same age. What’s hidden in the numbers is that many black men have fallen out of the workforce, Morial says. There is a menu of problems that lead to this. Race affects networking, education, mobility and access to information about jobs.

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“The issue isn’t really perception. It’s reality,” says Steven Pitts, the associate chair of the Center for Labor Research and Education at the University of California, Berkeley.

In response to discrimination in the workplace, black men look for alternatives. “It could be simply the hustling,” Pitts says of the ways black men work around the traditional labor market. It’s the worker who washes cars in the parking lot, or paints houses.

This informal — and growing — economy, Pitts says, is “not so much just the idea of on-the-corner drug stuff. It is a vast array of activity that simply isn’t governed by traditional labor laws.” He says the unemployment picture is made more complicated by the growth of independent contracting — in California, it represents 8.5 percent of the workforce.

Black men face real barriers to entering the formal workforce, Pitts says. Higher incarceration rates lead to criminal records, which he says can have the effect of keeping black men out of the formal economy. Many jobs require licenses, which are harder to obtain with a criminal record.

“Once you begin to screen out an entire sector of jobs that people can participate in … people will begin to find alternatives that are more informal,” whether they’re legal or not, Pitts says.

He says there has been a shift overall in the economy, including for white workers. In the last 30 years or so, he says, informal economic activity has been rising. “The hustle” — vital to the survival of black men for centuries — is becoming more important to the nation as a whole, Pitts adds.

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Twitter Says It Will Ban Ads From Russian News Agencies After Interference In 2016 Election

Twitter has said it will ban all ads from Russian news agencies effective immediately. The company made the decision as a result of role these agencies had in interfering with the 2016 election.

ROBERT SIEGEL, HOST:

Twitter has announced that from now on, it will reject all advertising from the Russian news outlets Sputnik and Russia Today, or RT. It will also give away the nearly $2 million it earned from past advertising. Both Sputnik and RT are backed directly by the Kremlin, and U.S. intelligence officials say both were used by the Russian government to help throw the U.S. presidential election into chaos. NPR media correspondent David Folkenflik joins us now with more on Twitter’s move. David, it’s long been known that these two news outlets answer to Moscow. Why is Twitter doing this now?

DAVID FOLKENFLIK, BYLINE: Well, you know, the U.S. intelligence officials came to the conclusion the Russians were trying to disrupt things basically a year ago. It announced earlier this year that they had concluded that the effort was there to really help put a thumb on the scales for President Trump or for now President Trump.

And then, you know, not so many weeks ago, U.S. officials decided to try to make RT and Sputnik register as foreign agents – that is, as entities explicitly trying to do the will of the Russian government in the sense that a lobbyist might or, you know, a – I mean, an agent, somebody acting on the government’s behalf, not simply as a news organization owned by the government. This has put a lot of pressure on organizations that do business with RT and Sputnik to figure out how to respond.

SIEGEL: Well, is Twitter now saying that it agrees with U.S. intelligence agencies that the Russian news outlets tried to tip the election to Trump?

FOLKENFLIK: Twitter’s official statements have actually been relatively restrained, just sort of acknowledging the effort to disrupt and that the ability of RT to take advantage of the viral nature of social media platforms, particularly Twitter in this instance, are things that they have to take into account.

SIEGEL: And what are the Russian news outlets – say about this?

FOLKENFLIK: Well, they’re saying a few things. They’re accusing Twitter of hypocrisy. They’re pointing out that Twitter officials came to them with a rather extensive plan to step up their advertising on the site and that, you know, that Twitter had courted their business. In addition, Russian officials at the Foreign Ministry are saying that this violates all kinds of United States and international protections on freedom of expression, that these are journalistic outlets.

And you know, there is the point being made, I think with validity, that the ads really accomplished less in many cases than some of the content and the news coverage, the framing of things, the misinformation, disinformation and actual stories that got picked up without – for amplification without any subsidy, without any advertising at all.

SIEGEL: Now, the Russians of course aren’t the only ones getting a tough look from Capitol Hill. Three committees are questioning tech giants next week, Twitter among them. You think that had something to do with Twitter’s announcement today?

FOLKENFLIK: Oh, I think that’s not incidental at all. I think there’s a great desire on Capitol Hill to understand how this disruption worked. You know, some more than others want to take action to ensure, to press these companies, to take actions to ensure that this kind of disruption doesn’t happen. There’s some pressure for greater transparency, and of course Twitter and Facebook and Google have always wanted to protect their secret sauce and their algorithms.

And in some corners, there’s a desire to try to pressure these social media outlets in such a way that if they don’t take greater responsibility, that they could be regulated. And I think that’s the greatest fear of all for these social media platform. So you’re seeing them start to take actions and to take conciliatory measures to at least publicly signal their discomfort, which – what occurred on their platforms in the hope of staving off greater government action.

SIEGEL: That’s NPR’s David Folkenflik on the news that Twitter has announced that it will reject all advertising from the Russian news outlets Sputnik and Russia Today. David, thanks.

FOLKENFLIK: You bet.

(SOUNDBITE OF ST. LENOX SONG, “KOREA”)

Copyright © 2017 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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Ex-Air Force Officer To Oversee Puerto Rico's Power Restoration

Whitefish Energy Holdings workers restore power lines damaged by Hurricane Maria in Barceloneta, Puerto Rico, on Wednesday.

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Ramon Espinosa/AP

Updated at 2:10 a.m. ET

A retired senior military officer has been appointed to oversee the rebuilding of Puerto Rico’s devastated power grid in the aftermath of Hurricane Maria, as some three-quarters of the island’s residents remain without electricity.

In a written statement on Wednesday, the federal board that oversees Puerto Rico’s troubled finances announced its “intent to appoint” retired Air Force Colonel Noel Zamot “as chief transformation officer” of PREPA, the island’s power utility.

“I am fully committed to bringing the resources necessary to restore electricity to the people of Puerto Rico as quickly as possible, and to re-activate the economy and bring normalcy to the island,” Zamot said in a statement.

But Reuters reports, quoting a source familiar with [Puerto Rican] Gov. Ricardo Rosselló’s thinking, as saying that the territory’s government is not happy about Zamot’s appointment.

And in a public statement, Rosselló appeared to chafe at the board’s move, saying it had overstepped its authority in making the appointment.

The governor said management of island agencies “rests exclusively on democratically elected officials.”

“Puerto Rico will be zealous in defending the people from any action that seeks to undermine this process,” Rosselló said in a Spanish-language statement.

Zamot’s appointment would come amid concern over a $300 million contract issued by the island’s power utility, PREPA, to Whitefish Energy Holdings to lead the restoration effort. Whitefish Energy — a tiny firm with few resources and little experience — is based in Whitefish, Mont., the hometown of Interior Secretary Ryan Zinke.

On Wednesday, Rosselló tweeted out a letter he wrote asking for an audit into how the company won its contract.

Addressed to the Department of Homeland Security’s inspector general’s office, Rosselló wrote: “I request that your office complete its review of the Whitefish Contract so that a final determination can be made as to the Whitefish Contract and address any other issues regarding the same by Monday, October 30, 2017.”

I have asked the Office of the Inspector General to conduct a review of the contracting process of Whitefish Energy by @AEEONLINEpic.twitter.com/98ArnftIuL

— Ricardo Rossello (@ricardorossello) October 25, 2017

The controversy over Whitefish Energy continues to boil, with House Minority Leader Nancy Pelosi on Wednesday praising Zamot’s appointment, but expressing suspicion over the Whitefish contract.

“We are deeply concerned both about why and how a small, inexperienced firm was tasked with the massive job of rebuilding Puerto Rico’s devastated electrical grid, and why (Puerto Rico’s power company) failed to activate the mutual aid network, which effectively came to the aid of Texas and Florida after the devastation of Hurricanes Harvey and Irma,” the California Democrat said in a statement.

The company — which had only two full-time employees as recently as last month — engaged in a heated back-and-forth on Wednesday with San Juan’s outspoken Mayor Carmen Yulin Cruz via Twitter. Cruz called for more transparency over the company’s contract and Whitefish Energy, in turn, issued an implied threat to pull its workforce.

In a tweet since deleted, Whitefish fired back: “We’ve got 44 linemen rebuilding power lines in your city & 40 more men just arrived. Do you want us to send them back or keep working?”

We share frustration with Mayor Cruz on the situation in Puerto Rico, but her comments are misplaced. pic.twitter.com/rIzxIjOcfQ

— Whitefish Energy (@WhitefishEnergy) October 25, 2017

Later, the company issued an apology, saying the comments “did not represent who we are and how important this work is to help Puerto Rico’s recovery.”

.@CarmenYulinCruz and everyone in Puerto Rico… pic.twitter.com/XHIwgQjYvh

— Whitefish Energy (@WhitefishEnergy) October 26, 2017

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Senate Kills Rule On Class-Action Suits Against Financial Companies

Consumer Financial Protection Bureau Director Richard Cordray, listens to comments during a panel discussion in Richmond, Va. in Oct. 2016.

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The Senate has voted to get rid of a banking rule that allows consumers to bring class-action lawsuits against banks and credit card companies to resolve financial disputes.

With Vice President Mike Pence casting the tie-breaking vote, the roll-back of the Consumer Financial Protection Bureau rule banning restrictive mandatory arbitration clauses found in the fine print of credit card and checking account agreements passed 51-50, with Sens. Lindsey Graham of South Carolina and John Kennedy of Louisiana voting against repeal.

The Republican-controlled House had already voted to rescind the rule and President Trump is expected to quickly sign the measure, which also bars similar rules in the future.

The CFPB rule, released in July, was aimed at giving consumers more power. Prior to the rule, the CFPB said companies could “sidestep the court system” by “forcing consumers to give up or go it alone.”

This allowed companies to “avoid big refunds, and continue harmful practices,” the CFPB wrote in July in announcing the changes.

CFPB said it was redressing a situation in which consumers were forced “to give up or go it alone – usually over small amounts,” while companies were able to “sidestep the court system, avoid big refunds, and continue harmful practices.”

In a statement released shortly after the vote, CFPB Director Richard Cordray said it represented “a giant setback for every consumer in this country. Wall Street won and ordinary people lost.”

In July, The Washington Post wrote that the rule “came about because of the 2010 Dodd-Frank financial reform legislation, which the Trump administration and Republicans have been trying to dismantle. The legislation required the CFPB to study the use of arbitration agreements and report back to Congress. The rule is a result of that report.”

The move is part of a larger push by Republicans to roll back regulations that they believe hurt the free market.

White House press secretary Sarah Huckabee Sanders said President Trump supported the move because: “The rule would harm our community banks and credit unions by opening the door to frivolous lawsuits by special interest trial lawyers,” she said.

Democrats, however, argue that such rules give consumers more power to stop abusive practices, citing “the sales practices at Wells Fargo and the security breach at credit company Equifax as examples of misdeeds protected through forced arbitration,” The Associated Press writes.

“So who does forced arbitration help? Wall Street banks and other huge corporations that never pay the price for cheating working people,” said Sen. Sherrod Brown, D-Ohio.

As Chris Arnold, of NPR’s Planet Money team, wrote last year, “in recent years, and especially after a Supreme Court decision in 2011, mandatory arbitration clauses have become widespread across all kinds of industries. So consumers in many instances have signed away their right to seek restitution through a class action.”

The financial industry, however, says the rule would encourage lawyers to “unfairly shake down companies to line their own pockets … [and] raise legal costs for companies, which in turn would increase prices for consumers,” Chris reported.

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Fresh Headache For Murdochs: Bill O'Reilly Got Raise After Secret Payout

Former Fox News host Bill O’Reilly paid $32 million to a colleague to settle sexual harassment allegations.

Dimitrios Kambouris/Getty Images for Hollywood Reporter

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Dimitrios Kambouris/Getty Images for Hollywood Reporter

Bill O’Reilly wants you to know it’s all lies, driven by ideology, personal animus and professional jealousy.

Since The New York Times reported this weekend that he had agreed to a $32 million settlement to silence a longtime colleague’s accusations of sexual harassment back in January, O’Reilly has been brawling to defend his already deeply tarnished reputation.

O’Reilly’s former bosses at Fox News and parent company 21st Century — and especially for the Murdoch family that controls both — are fighting to contain fallout on multiple fronts. The Murdochs signed O’Reilly to a contract extension a month after their star host agreed to the secret payout — and despite knowing of at least four earlier instances in which he settled with women over sexual harassment dating back to 2004.

“Nobody pays $32 million to anybody for false accusations,” former Fox News host Gretchen Carlson told HLN.

“It’s shocking and it’s disturbing,” former Fox News host Megyn Kelly said on her new NBC Today show program.

All three Murdochs — Rupert and his sons Lachlan and James — have made pledges to reform the culture of Fox News. The late Roger Ailes, the propulsive force behind Fox News, was bought out as chairman last year after Carlson, Kelly and others accused him of sexual harassment. A host of network executives were forced out over the ensuing year for their ties to Ailes and perceptions they had enabled abusive behavior. The Murdochs paid O’Reilly $20 million to leave in the spring after several previously unknown settlements with women came to light. The network also forced out host Eric Bolling.

And yet Kelly devoted the opening minutes of her Monday morning show to an extended argument that Fox had not done enough.

On her show, Kelly just about set out a roadmap for prosecutors, arguing Fox had betrayed a pattern of hiding allegations through payments and threats, and retribution against those women who spoke up. “This has to stop,” Kelly said on NBC. “The abuse of women, the shaming them, the threatening, the retaliation, the silencing of them after the fact.”

O’Reilly’s spokesman, Mark Fabiani, sent a statement to NPR calling the Times‘ reporting a “diatribe … designed to embarrass Bill O’Reilly and to keep him from competing in the marketplace.” The statement also repeated O’Reilly’s frequent claim that no co-worker has ever filed a complaint against him with the network’s human resources or legal divisions. O’Reilly also released handwritten thank-you notes from Carlson and Kelly, and claimed he had helped them throughout their careers.

“Any fair-minded person can start to formulate a picture here,” O’Reilly said on former Fox News host Glenn Beck’s radio show Monday. “All I can hope for is that the American people will see that this is an attack on me for political purposes. It has done enormous damage to me and my family.”

Carlson and Kelly have both questioned the sincerity of the network’s past human resources and legal officials. Kelly also pointed to Fox’s chief publicity executive, Irena Briganti, as a corporate enforcer. (21st Century Fox issued a brief statement backing Briganti, saying she was a valued colleague who had the company’s full support.)

In a draft of a lawsuit, former Fox News legal analyst Lis Wiehl alleged O’Reilly had sexually harassed her over an extended period, sent her gay pornography, and that they had a “nonconsensual sexual relationship.” That troubling phrase was not further defined. O’Reilly agreed within weeks to the $32 million settlement, the Times reported. Wiehl signed an affidavit attesting she had no complaints against either O’Reilly or Fox News.

Officials for 21st Century Fox released a statement hailing the changes at Fox News and saying it was not aware of the amount of money involved in the settlement. The Murdochs were aware, however, of the nature of Wiehl’s allegations when they re-signed O’Reilly to a new multi-year contract with a raise. The company said any network would have done the same given O’Reilly’s position. (He was the top rated figure in cable news for years before his departure.)

“I’ve never heard of two employees reaching their own agreement and then the employer turning a blind eye to how much it was settled for,” said employment lawyer Douglas Wigdor, who is representing 22 people suing Fox News for a variety of charges. He won a confidential settlement from O’Reilly last year for Fox News commentator Juliet Huddy after she alleged the host had sexually harassed her.

As the Times also reported, the general counsel for parent company 21st Century Fox, Gerson Zweifach, warned his colleagues that he might have to disclose the settlement between O’Reilly and Wiehl. He wrote in an email that federal prosecutors would view that development as relevant to their investigation. Prosecutors have asked questions about activities of the network’s former president, chief attorney, financial officer, and the current public relations chief, according to two people knowledgeable about the process. It appears intent on probing the extent of actions taken by Fox officials toward women who say Ailes sexually harassed them.

In addition, 21st Century Fox is fighting in the U.K. for regulatory approval of the takeover of the more than 60 percent of the European satellite television company Sky that it does not already control. The value of the deal stands currently at more than $15 billion. But the British culture minister has delayed and expanded the review process, due to the sexual abuse scandal, the network’s handling of the Seth Rich story, and incidents of illegality and bribery at the Murdochs’ newspapers in that country.

Regulators are now assessing more broadly the family’s leadership. The Murdochs rewarded O’Reilly with a new contract and a raise after learning of the Wiehl settlement. That suggests the Murdochs were willing to give O’Reilly a sixth chance on sexual harassment, just six months after ousting their chairman for the same transgression.

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AFL-CIO President Richard Trumka Wins A Third 4-Year Term

AFL-CIO President Richard Trumka, who was re-elected to a third term Sunday night in St. Louis, speaks at the National Press Club in Washington, D.C., on April 4, 2017.

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AFL-CIO members, meeting in St. Louis, voted Sunday night to give Richard Trumka another term as president. He has been in the position since 2009.

Trumka ran unopposed as did Secretary-Treasurer Liz Shuler and Executive Vice President Tefere Gebre.

Bloomberg News reports Trumka has another four years to try to reverse the fortunes of the embattled labor movement.

“While Trumka’s re-election proved easy, it takes place at time U.S. unionization is at record lows and the Supreme Court is considering a case that could shrink the membership even further by banning mandatory public-sector union fees.

“Trumka has pursued a restructuring of the AFL-CIO this year, dismissing dozens of staff and dissolving departments in a move he said would tighten the group’s focus on mounting campaigns, passing legislation and stimulating growth.”

I am humbled and honored for the opportunity to serve the working families of the AFL-CIO for another four years #AFLCIO17

— Richard L. Trumka (@RichardTrumka) October 22, 2017

The re-election was held at the start of the AFL-CIO’s four-day, quadrennial convention.

The Wall Street Journal reports:

Following the election, crafting a “Workers’ Bill of Rights” will be a primary focus of the event, Mr. Trumka said. “The aim is to give politicians a clear view on union priorities, including the need for better wages and rethought trade agreements. It would establish a litmus test to determine if the AFL-CIO will support candidates in the 2018 and 2020 elections, regardless of party.

“People that support that Workers’ Bill of Rights will get our support,” Mr. Trumka told reporters Sunday. “Those that don’t—we’re sorry. We’re going to use our resources and our power to help people get elected that support the needs of workers.”

Looking ahead to the 2018 mid-term elections, NPR National Political Correspondent Don Gonyea reported that Trumka said unions have learned lessons from the 2016 election.

“Labor endorsed Democrat Hillary Clinton. According to exit polls, she carried union households, but by just 9 percentage points. Compare that with President Barack Obama’s 18-point margin among labor voters four years earlier. The shift certainly helped Donald Trump secure victory in closely contested battleground states like Michigan, Wisconsin and Pennsylvania.

“Turning that around in the next year’s midterm elections will require aggressive outreach to union voters. Personal contact is always the key, according to Trumka, but he also acknowledged his organization didn’t make the case well enough — or often enough — last year.

“As for the appeal of Trump among the rank-and-file membership, Trumka said, “My members, just like most Americans, are angry that the system isn’t working for them. That it keeps moving them further and further behind,” adding, “while the country is the richest country on the face of the earth.”

“He said they were willing to take a risk on Trump because he promised to shake up the system.

Every two years the AFL-CIO mounts an expensive get-out-the-vote and informational effort on behalf of the candidates it endorses.

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