Checking Beneficiary Designations Before Wrecking Your Estate Plan

Upon death, one’s assets may be transferred to beneficiaries in a variety of ways. Assets such as life insurance policies, trusts, annuities, and retirement accounts commonly have a beneficiary designation. This means that, upon death, title transfers to the named beneficiary (or multiple beneficiaries). Generally, the named individual will present a death certificate to the financial institution and complete proprietary paperwork, prior to the monies being released or rolled over into another account.

Assets that are held jointly between individuals pass to the surviving owner upon the first owner’s death. This applies to financial accounts and real estate. Often this kind of joint ownership is seen between spouses or an elderly parent and adult child. The account or property may be titled in a number of ways, but often as “joint tenants with rights of survivorship.”

Finally, assets held in an individual’s name listing no beneficiary and bearing no joint owner, must pass via a last will and testament or by the state’s laws of intestacy, depending on whether the decedent died with or without a last will and testament. Therefore, a house owned by an individual will need to be included in a petition for the probate of a last will and testament so that the probate court may issue Letters Testamentary to the nominated executor. Upon receiving authority, the executor will distribute the asset pursuant to the terms of the last will and testament.

Assets passing outside of the last will and testament, via joint ownership or named beneficiary, pass by what is often known as “operation of law.” These assets do not get included in an inventory of probate assets and with a properly named beneficiary, they do not fall under the jurisdiction of the probate court. Practically, the beneficiary designations of these assets are much more difficult to challenge because notice is not given to next-of-kin as to their existence. This is different than individually owned assets that pass via a last will and testament or by intestacy, wherein the next-of-kin is informed of the estate proceeding, regardless of whether they are listed in the last will and testament. The notice gives the relative the opportunity to challenge or accept the last will and testament and its provisions.

It is not impossible, however, to contest a beneficiary designation under an operation of law asset. The news reports that a lawsuit was recently filed in Pennsylvania by Lance Tittle, the brother of Kent Tittle, who died last year. Lance Tittle alleges that a Morgan Stanley beneficiary designation form discovered in his brother’s home after his brother’s death leaves his Morgan Stanley financial account to Lance. Morgan Stanley does not have a record of a designated beneficiary on the decedent’s IRA account. When there is no beneficiary listed on an account, the asset passes to the decedent’s estate, who in this case would be Kent Tittle’s children. Lance Tittle alleges that his brother wished to disinherit his children and his ex-wife. Morgan Stanley will not name Lance Tittle as beneficiary unless directed by a court. Lance Tittle has retained a handwriting expert to demonstrate the authenticity of the beneficiary designation document.

Questions as to beneficiary designations can arise after death. Often family members are surprised to find that they have been removed in place of someone else. Conversely beneficiaries are sometimes pleasantly surprised to find out that the beneficiary designation was never changed, despite the fact that there was a breakdown in the relationship between the account owner and the named beneficiary. Too often, no beneficiary is listed, and the last will and testament or state laws of intestacy determine who gets the asset. In this case, the beneficiary may not be in sync with what the owner intended.

When engaging in estate planning, it is imperative that one requests all beneficiary designation forms from their financial institutions to confirm who is the named beneficiary. Family structures change and relationships often fail. Assets that pass by beneficiary designation are supposed to make transfer of assets easy, as they avoid court. It is important to confirm that those listed are still a part of one’s life and are worthy of one’s hard earned estate.


Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at cori@robinsonestatelaw.com

Ex-Rep. Collins sentenced to 2 years in prison for biotech insider trading, lying to FBI – MedCity News

Former congressman Chris Collins will spend the next two years in prison for insider trading and lying to FBI agents, a federal judge ruled Friday.

Vernon Broderick, judge for the U.S. District Court for the Southern District of New York, sentenced Collins to 26 months. Collins, who was arrested by federal agents in August 2018, resigned from the House of Representatives at the end of September 2019 and pleaded guilty to the charges. A Republican, he had represented New York’s 27th district, in the western part of the state, since 2013.

The charges were related to Collins’ membership on the board of directors of Innate Immunotherapeutics, a Sydney, Australia-based biotech company in which he owned a 16.8% stake, a position that had already prompted an investigation by the Office of Congressional Ethics. According to the 2018 indictment, in June 2017, Collins passed what had been confidential negative results from a Phase IIb clinical trial of Innate’s multiple sclerosis drug, MIS416, to his son, Cameron, in a phone call from the White House lawn. Cameron, who owned a 2.3% stake in the company, then allegedly sold nearly 1.4 million shares over several days before the results were made public. Innate’s stock fell 90% on the Australian Stock Exchange when news of the results was announced; although the company had suspended trading on the ASX ahead of the news, the shares were still traded on the over-the-counter exchange in the U.S. The scheme allegedly allowed Collins and co-conspirators to avoid $768,000 in losses that they would have incurred had they waited for the results to become public.

“Collins’ greed and disregard for the law have now led to a criminal conviction for insider trading and lying to the FBI, his resignation from Congress and over two years in federal prison,” U.S. Attorney Geoffrey Berman said in a statement. “Lawmakers bear the profound privilege and responsibility of writing and passing laws, but equally as important, the absolute obligation of following them.”

Photo: Scott Heins, Getty Images

AGENDA 2020: President Chamisa’s Address To The Nation – The Zimbabwean

Today we gather here at Stodart HALL in Mbare, this great place of history, a place of hope and inspiration which
has served as a revolutionary springboard for many of our country’s nationalist trailblazers, religious torchbearers
as well as sports and artistic luminaries among many other leading lights who have, over the years, scaled the
heights as the “Class of Stodart Hall”, in search of a Zimbabwe that the people want but which remains a pipe
dream TO BE PURSUED, BUT YET TO BE ATTAINED.

Because we are meeting in January and given that it is our first time to do so this year, let me take this opportunity

to extend to everyone compliments of the new year.

But as I do so, I’m alive to the fact that compliments of the new year have already been superseded by complications
of the last year, which have followed us into the new year; and which are standing in the way of any prospect for a
happy and prosperous year for Zimbabweans.

This year, 2020, is an important year not least because it marks the end of a decade and the start of a new one.

Over the last decade, and indeed over the last two decades, Zimbabweans have not been able to realistically wish
each other a happy and prosperous new year, with any credibility. The last decade, and the one before it, have seen
the destruction of happiness and prosperity in our country in ways that are unprecedented.

Throughout the last decade, Zimbabweans have moved from one year to another, on a wing and a prayer while

plunging from crisis to crisis and darkness to darkness, with oppression and the brutal denial of basic human

rights as the order of the day.

We declare 2020 a year of breakthrough in reclaiming the people’s victory and 2020-2030 a decade of hope rapid

radical transformation.

In March 1997 Zimbabwe launched Vision 2020. Vision 2020 promised:

• Housing for all by 2020,

• Healthcare for all by 2020,

• Education for all by 2020, and

• Jobs for all by 2020

Today we have none of all the promises THAT 2020 is upon us. As sure as the sunrise, time has come to test our

resolve and has found us wanting.

We have no healthcare, no housing, no universal education and no jobs. 23 years later we have a rapidly deteriorating healthcare system where doctors have to protest for medicines and equipment and where teachers cannot afford to send their own children to school.

We have a beautiful AND RICH country, with talented people and a wealth of natural resources. Ours is ONLY a failure of leadership.

The Zimbabwe of today is the product of and an expression of poor leadership. The crisis in Zimbabwe is man-made.

We are a broken and divided nation, led through fear, governed by force and ruled through violence.

Man-made poverty is being used as a tool of repression and oppression, while poverty has been weaponised to enrich a few. Food continues to be used as a political weapon to sow divisions, fuel hate and instill fear. This can’t be allowed to continue.

Right now, we are struggling with everything and anything education, school fees and teachers conditions of service,

doctors, water, electricity, transport and social service delivery in general

People have been impoverished beyond measure, no jobs, no income, no lights, no water, no fuel, prices are escalating while incomes are plunging. It’s just hell on earth, a beautiful country and hitherto relatively prosperous country turned into a hellhole by a failed, rogue and corrupt politics and policies.

THIS IS THE SIGNAL!

The old order has failed to bring forth the new. They have shown that they possess neither the appetite nor capacity to change. They’re vacuous. Their politics is vapid, insipid and out of time.

To place any hope on the past and on yesterday’s people is an act of cruelty and a betrayal of our children’s future.

 

• The old order is struggling on the governance and legitimacy fronts.

 

• The old order is struggling on the re-engagement front.

• The old order is struggling on the national convergence platform.

 

• The old older is struggling on the economic front.

• The old order is struggling on the policy FORMULATION AND IMPLEMENTATION fronts.

 

• The old order is struggling on the credibility and integrity fronts.

THIS IS THE SIGNAL!

So the ridiculous slogans about a new dispensation, open for business and second republic this and that have been

shown to be superficial rhetoric and delusions of clueless regime now muddling through on the basis of directionless

experimentalism hoping that somewhere along the way it will stumble on solutions to our problem. That’s not how

things work. We need serious and competent leadership with a clear vision and pathway forward through structured

reform, re-engagement and talks

THIS IS THE SIGNAL

We have heard you ask time and time again. What are you doing to provide an alternative, and I say to you again, we

are the people’s leadership. We hold within us your deep desire for change. We are the unfulfilled expression of the

people’s true will. We are you. It is you who voted for us. You, whose vote was stolen in 2018. You who WE will

continue to fight with, side by side.

We will act, we will LEAD AND REPRESENT, we will speak up in parliament, we will challenge unlawfulness, we will

work in every community. We will not betray the people’s vote nor let their voice be silenced. This is our Agenda in 2020.

We will walk the path of resistance. We are emboldened and resolved. Come what may. We will not be intimidated.

It is time to fight for the Zimbabwe we want and have so rightly dreamed of and worked for. In 2020 we will focus our efforts on the people’s fight:

1.The fight for a people’s government, reforms and return to legitimacy.

2.The fight for a better life, dignity and livelihoods.

3.The fight against corruption.

4.The fight for rights, freedoms, security of persons and rule of law.

5.The fight in defense of the constitution and constitutionalism.

Breaking Barriers Initiative (BBI)

This year, 2020, is the people’s year to start the people’s decade.

It is the year of the people’s action.

This is the year when something must and will give. This year is our revolutionary moment.

A new page must be turned in the making of a new Zimbabwe, whose journey was started by the MDC when the

glorious movement of the people first entered Parliament in 2000. But for us to turn the required page in 2020, we

must extend our hand, our open hand of peace, of democracy, of human rights and of sustainable development; to

our neighbours, friends, comrades and compatriots.

The change we have sought as the MDC is not change for us as a political party but change for us as Zimbabweans.

That is why we have become a people’s movement. Our political party is an instrument for change meant to benefit

each and every Zimbabwean regardless of who they are, their station in life, their tribe, their national origin, their totem or even their political affiliation.

In order for the people to stamp their authority in 2020 as the people’s year to kick start the people’s decade, it is

important for us to understand that where and when the people have spoken, as they did on 30 July 2018, the people

must act to implement what they have said.

Politics is not about words but about action. In the best political traditions, praxis, that is action, has always defined

politics. This is an existential truth. That is why, in the final analysis, we are judged not by what we say but by what

we do or do not do. It is the sins of commission and omission that shall follow us.

As we christen 2020, the year of the people’s action, I’m happy to announce the launch today of the Breaking Barriers Initiative (BBI), from my office as MDC president, designed to enable the people of Zimbabwe from across the full political spectrum of our nation to act together, support each other and speak with one voice beyond political boundaries and divisions created by the mashurugwi regime which have built artificial barriers between and among Zimbabweans.

Our BBI seeks to bridge and break the negative barriers that have developed between and among us Zimbabweans

over the last 40 years, and which have thus come in the way of real change, especially over the last two decades,

to the detriment of the people and the advantage of the regime’s merchants of division.

The BBI has the following objectives:

• Foster and engender the development, articulation and celebration of a community-based, dynamic, multicultural, multi-ethnic, multiracial, multilingual, multi-religious, intergenerational and progressive national identity of being a Zimbabwean which has an inclusive spirit de corps;

• Facilitate structured and inclusive conversations among Zimbabweans on their welfare, well-being, livelihoods,

national interest and priorities on such issues as infrastructural development, food security, job creation, water

and sanitation;

• Create local and national platforms for common action in the defence of the rule of law, human rights and

basic freedoms for all Zimbabweans;

• Support the development, incubation and promotion of technological and engineering solutions to fight and

eradicate poverty, hunger and disease in the country; and,

• Promote the teaching, learning and application of Science, Technology, Engineering and Mathematics STEM

in primary, secondary, tertiary and university education to empower the youth, develop a knowledge-based and

technological driven economy, Artificial Intelligence, machine learning and propel Zimbabwe into the fourth industrial revolution.

• Engage Zimbabwe’s friends and cooperating partners in the international community to rationalise their humanitarian support and developmental projects to ensure they benefit the people of Zimbabwe in their communities.

These objectives are not exhaustive but are illustrative of some of the work proposed to be done under the BBI to

address the people’s aspirations as an expression of the people’s year of action. To move the BBI forward,

there are three important action issues that must be addressed urgently, and these are:

• Safeguarding the people’s livelihoods;

• Restoring legality and legitimacy; and,

• Asserting the people’s sovereignty.

Safeguarding People’s Livelihoods

Fundamental to all politics is the livelihood question: are people able to put food on the table for their families;

do people have a roof over their heads; are people able to send their children to school; and basically, are

people able to live? For an overwhelming majority of Zimbabweans, the answer is a resounding no.

In addition to threatening to cut, and actually cutting, the lives of some Zimbabweans short while endangering

others, the Mashurugwi regime has virtually destroyed the livelihoods of Zimbabweans, with most no longer

able to make ends meet and others living from hand to mouth. The regime’s delinquent economic policies that

have destroyed the multicurrency system, adopted a Zimdollar that is not available and is presiding over an

economic meltdown with the second-highest inflation in the world after Maduro’s Venezuela, have impoverished

everyone save for the mashurugwi cabal and its filthy rich cronies who have used corrupt schemes like command

agriculture to buy overseas-based private jets and to import luxury vehicles like Lexuses, Bentleys and

Lamborghinis for themselves, their wives and children and unashamedly splashing ill-gotten opulence in a country

that has become a poverty AND HUNGER desert.

The people have spoken enough about and against this scourge which has come about at the expense of their

destroyed livelihoods. Enough is enough. This year, in 2020, the people will speak through action, against the

scourge and in defence of their right to their livelihoods, which they must now begin to reconstruct for themselves

and their families. In this regard, and as part of BBI, I will stand with the people and act together with them in

defence of their livelihoods under the MDC’s Agenda 2020.

Restoring Legality and Legitimacy

The collapse of the people’s livelihoods, destroyed by the mashurugwi regime, is directly linked to and is a

consequence of Mr. Emmerson Mnangagwa’s illegitimacy and, arising from that illegitimacy, the illegality of the

framework and actions of his administration.

It is now common cause that the 2018 presidential election was stolen. The most damning and unimpeachable

evidence of the audacious electoral theft has been exposed to be in the report on the 2018 harmonised elections

compiled by the Zimbabwe Electoral Commission (ZEC) and tabled before the National Assembly in Parliament

on 27 June 2019 by justice minister Ziyambi Ziyambi.

This is a matter that must be of great concern to everyone, especially the voters who voted in 2018 presidential

election – not just the 2,6 million who voted for me – but all the voters who are committed to the holding of free and

fair elections in accordance with the Constitution of Zimbabwe.

Section 67(1)(a) and (b) of the Constitution, dealing with political rights, provides that:

Every Zimbabwean citizen has the right—

(a) to free, fair and regular elections for any elective public office established in terms of this Constitution or any other law; and

(b) to make political choices freely.

While the Constitutional Court made its determination of the application I initiated challenging the controversial ZEC declaration and announcement of Mr. Emmerson Mnangagwa, as the winner of the 2018 presidential election, and while we respected that decision as we disagreed with it, there’s now a new development after the case, coming

from ZEC itself, which shows beyond any argument or doubt that the results of the 2018 presidential election were

transmitted, captured and collated unlawfully, improperly and irregularly as to void the election and invalidate any

result that was declared and announced following the unlawful, improper and irregular transmission, capture and

collation of the results from the country’s 1,985 ward centres to ZEC’s national command centre in Harare.

The compelling evidence of how the presidential election was rigged by ZEC, is enough for anyone and all of the 2,6

million voters who cast their vote for me to go to court on grounds that their political rights enshrined in s67(1) of the Constitution were violated. There’s also now a clear and present basis for taking the matter of the 2018 presidential election to the African Court on Human and Peoples Rights. Such actions would be well within the BBI, as an expression of the people’s action to restore legality and legitimacy under the MDC’s Agenda 2020.

Those who say the 2018 presidential election should be forgotten about, and focus should now be on 2023, ain’t

seen nothing yet. It’s them who should forget about covering up the giant 2018 election fraud. Especially now that

ZEC itself has, perhaps inadvertently or even mischievously, come out with incontrovertible evidence that election

was not conducted in substantial compliance with the law. So, first things must come first. There will be no 2023

an election without resolving the 2018 election. Looking ahead to 2023, the most important electoral reform is the

resolution of the 2018 presidential election. A critical and unavoidable starting point is the resignation of all ZEC

commissioners and management team which is infested with the seconded military, intelligence and police operatives, masquerading as politically neutral professionals when their remit is to rig elections for Zanu PF.

Asserting People’s Sovereignty

The bedrock of the BBI, and the Nation’s Agenda 2020 on the basis of which the people will speak through

actions for change is that the people have awoken to the truth that, in terms of the new Constitution adopted

by the people in a referendum in 2013, sovereignty belongs to the people, and not to the State or its institutions

and agencies. This is why s88(1) of the Constitution provides that “executive authority derives from the people

of Zimbabwe”; s117(1) says legislative authority of Zimbabwe is derived from the people, and s162 stipulates

that “judicial authority derives from the people of Zimbabwe”.

These are important constitutional imperatives whose import is that national sovereignty belongs to the people

by virtue of the constitutional provisions that derive executive authority, legislative authority and judicial authority

from the people.

When the institutions, agencies or offices to whom the people have vested their executive authority, legislative

authority or judiciary authority; as has happened with regard to the stolen 2018 presidential election, the failure

to hold accountable those behind the violent brutalisation of citizens on 1 August 2018 and between 14 and 28

January 2019; along with the destruction and erosion of the people’s livelihoods, leaving the people with no

constitutional choice but to assert their sovereignty.

The people have a constitutional right to directly exercise their executive authority, legislative authority and judicial

authority when those vested with such authority, abdicate or repudiate their constitutional responsibilities and

obligations.

Triple Action for Change

In summary, the BBI under the Nation’s Agenda 2020 translates into a model of triple action for the people to

mark 2020 as the year of the people and to start the new decade as the people’s decade through revolutionary

actions for change, in accordance with the Constitution of Zimbabwe.

The long and short of it is that enough is enough. A lot of damage has been done to Zimbabwe and Zimbabweans

in the name of the State. There’s a difference of night and day between officeholders and the State. In a

constitutional democracy, such as ours should be, the State belongs to the people, as its creators; it does not

belong to its officeholders.

Ours is a National democratic struggle whose success depends on nationwide transformation and reform, Ours

is a National Democratic struggle whose main facets entail different zones of struggle.

THE BATTLEFRONTS

1. Leading the struggle -The Party modernization Agenda

The party held a successful congress in 2019, ushering in new and dynamic leadership with a range of skills

and competencies.

Your movement remains strong.

We have a clear ideology and a passion for change that puts the people first.

We have structures across Zimbabwe.

We have a growing membership in every village, farm, township and suburb.

We have a good leadership team.

We have sound, realistic policies.

Our vision is clear.

The people’s party was born out of the working-class and working people’s struggles, toil and sweat.

The people’s party has had 21 years of resilience, service and sacrifice. We continue to stand strong on

the foundations of our birth and our hopes for the future. We have survived all manner of mischief because

the people’s cause cannot be killed. It survives at the will of the people.

We have entered a period of renewal. Renovating our systems. Reviving our culture of excellence and

sharpening our strategy.

We are taking the fight for democracy deep into the rural areas. Rural development is not an option but a

necessity. In 2020 we will focus our efforts on securing rural development as a key pillar for national

transformation.

We are working to revamp party administration, party communications, party discipline, funding, community

projects and party candidate selection rules to make them more efficient, transparent and people-centred.

We will continue visiting and supporting political prisoners and their families.

We will also focus on the survivors of political violence and maintain a roll of honour for those who have died

in the struggle for change.

We will emphasize the supremacy of strong, active grass-root structures across the country.

We are and must be, trusted leaders of society. Fit and proper to provide everyday answers to everyday

problems. Our leaders and representatives must be different, accessible, available, able, credible, dependable,

reliable.

We will put more emphasis on fundraising and mobilization strategies guided by principles of accountability

and transparency. We will also make party membership easier using modern systems of online registration

and robust performance contracts, monitoring and evaluation frameworks for its leaders and members.

2. The Parliamentary Agenda

Fellow Zimbabweans, as part of Agenda 2020, we will deepen our role in Parliament. In 2019, our Members

of Parliament continued to work hard under difficult conditions on behalf of the citizens we represent.

Our refusal to recognise illegitimacy has not compromised our mandate in Parliament. The state propaganda

machine will have you believe that the MDC has abandoned the peoples’ cause. The reality is we continue

to fight for transparency and accountability.

Fighting illegitimacy does not undermine our work. In all things, the needs of the citizens come first. Restoring

legitimacy and credibility to our executive is key among them. True change demands both electoral and

performance legitimacy.

We are not walking out on our work. The work of our portfolio committees continues without forgetting our longer

term goal of fighting for reform.

We fought a spirited battle against the adoption of the Maintenance of Peace and Order Act. This is just another

POSA, if not worse in some aspects. We stood on principle. We will work harder and smarter to highlight our

Member of Parliament’s contribution in various committees and portfolios.

In Parliament, we will fight even harder for the Diaspora vote. Not only was this promised to this nation,

but it is the right of every citizen. My opposite number in Zanu PF made various assurances while on the election

campaign trail and even after in 2018 that once elections were concluded, mechanisms would be put in place to

ensure the diaspora vote. To date, no steps have been taken to make this a reality. They are quick to look for

diaspora money and skills but show no interest in giving the diaspora their right to truly influence the direction

of Zimbabwe.

This is simply another of many examples of tragic and failed leadership.

The party will use parliament as a theatre of the struggle for a better life for Zimbabweans, struggle for democracy.

We will strengthen our debating capacity, ensuring that we have more motions that are people-centred and

focus on peoples everyday issues above all else.

We’ll build the capacities of our MPs through a parliamentary research unit to improve the quality of debates

and contributions.

We will introduce performance scorecards for our MPs and mandatory regular Constituency Feedback

Meetings will be implemented to ensure that parliamentary debate is truly representative of the communities

we serve.

I am calling each and every one of you to action in your community. We have no government. The

development of our communities is now left to us.

Get in touch with your local councillor, find your Member of Parliament. If there are community interventions

you are interested in supporting, get involved. None but ourselves will reverse the under-development that

our country continues to face. We cannot outsource this function to development partners. We can work

with them, but there can be no development of Zimbabwe without us as Zimbabweans determining and

driving our own agenda.

3. Local Authorities Agenda

Those who meddle in the game of propaganda want to tell you that service delivery is failing because of the

MDC. They want you to believe that every problem under the sun belongs to us because they have failed.

We are going to launch the smart cities policy document that will focus on how we govern differently detailing

issues to the local authority’s service delivery, infrastructure, the vision of the city.

We are also going to launch the smart village’s policy that will entail our model smart homesteads smart

sources of energy solar for each rural home borehole per village infrastructure for villages, schools, bridges, etc.

We are also going the emphasize on proper and true devolution and a people-centred devolution bill inline

with the spirit in the constitution.

We continue to work under sabotage. The Ministry of Local Government still appoints all town clerks, CEOs

and other officials. This means they continue to sabotage our efforts for change. Government still approves

and limits our budgets. We are not able to determine rates leaving us unable to make enough money to

provide adequate services. We are also not exempt from very real consequences of the prevailing economic

environment where sourcing forex for goods and services such as water chemicals and road equipment etc.

is difficult and dependent on the charity of the Ministry of Finance. The system is broken.

Despite that we will make a greater effort in professionalising service delivery and community development.

We will work to remove the bottlenecks compromising service delivery, in particular:

• Giving procurement to local authorities as opposed to local government.

• Moving joint ventures powers back to council and away from central government.

• Removing the approval of the budget from the central government, in particular, the local authority and residents.

• Stopping unconstitutional ministerial directives and political interference from central government.

• Removing the hiring and firing of senior employees or staff in local authorities from the local government.

We will take a no-nonsense approach to deal with integrity, excellence and accountability to cleanse our

leadership against corruption and incompetence in the zones we lead.

I am awaiting verified feedback from the Integrity and Accountability Panel, led by Advocate Thabani Mpofu.

This panel’s work is to position our councils according to expected and acceptable standards of excellence.

The corrupt will be identified and removed from office.

2020 will not be an ordinary year. It will be a year of action. Collective action.

4. Electoral Agenda

Over the years, our elections have been a bloody affair. But for us, life is more precious than politics, blood is

more precious than power. No drop of blood must be lost on account of politics or elections in Zimbabwe.

As you all know, we have had a number of by-elections which have been manipulated to produce a predetermined

outcome.

It’s a myth that the cheating Zanu PF wins and is popular in the rural areas. What is a fact is that Zanu PF cheats

more in the rural areas using intimidation, fear, disinformation and food as political weapons. We must stop the

cheating.

There must be a link between the delimitation process and census data to ensure transparently and a level

playing field to avoid gerrymandering or manipulation of boundaries.

The Zimbabwe electoral commission must be revamped and have professional secretaries who are independent

before and non-partisan.

We want a raft of electoral reforms in line with the recommendations of the International election observer mission

reports as detailed in our RELOAD document we recently launched in 2019.

We are going to launch our alternative electoral bill detailing the reforms Zimbabweans are demanding. This bill is

ready and has already been finalized by our elections department.

5. Governance Agenda: Re-imagining the State

The security of persons and national peace are very important to us. We take note of the lawlessness seeping

through society through the activities of state-protected machete gangs. No amount of propaganda can change

the fact that these gangs are as a result of the lawlessness and selective application of the law that has been

taken over the country.

The individuals concerned are well known in their communities. The shops and factories manufacturing the

machetes and other instruments of destruction that they are using are well known. Under these circumstances,

it beholds reason why they are not being brought to account.

We place the birth and origin of these machete yielding characters squarely at the doors of the elites in violent Zanu

PF functionaries who in any event are the holders of the gold claims that these groups were originally created to defend.

There is a need to inquire on the circumstances of how they were born and created as well as to compensate the

victims including families that have lost their loved ones. This is why we propose the setting up of a judicial

commission of inquiry into this issue as a matter of urgency.

Security services

Let me be categoric about the security services, a new government that I will lead will not temper with the military

or security services, they are not the problem. We will avail the right politics and a conducive environment for our

men and women in uniform to shine and excel, a task which they know best.

A legitimate Government will have no need to use the security services against its own citizens.

Our military and security services should be well fed and resourced, it is cruel to neglect the welfare of our defenders

of the nation.

Ensuring the independence of institutions is a must in creating the Zimbabwe we want. At the present moment our

institutions are crippled by a lack of budgetary support and excessive executive interference.

State capture has eroded most of our institutions. We, therefore, put firmly the proposal that the independence of

institutions in Zimbabwe must be at the fore of any progressive reform agenda.

In this respect, the following Chapter 12 institutions must be prioritised: The Zimbabwe Media Commission, the

Zimbabwe Human Rights Commission, Zimbabwe Anti-Corruption Commission, and the National Peace and

Reconciliation Commission. These play a key role in safeguarding our democracy.

6. Constitutional Agenda

In December 2019, the government of the day gazetted Constitutional Amendment No 2 – HB23/2019.

The Bill proposes a raft of amendments to the Zimbabwean Constitution.

The Constitutional Amendment in the main seeks to restore the Imperial Presidency that we thought we had dealt with

decisively in 2013 through the approval in a referendum of a new constitution.

Any Constitutional Amendment must be negotiated like the old constitution itself. We are seeing a self-serving decision

to personalise the State through unnecessary Constitutional amendments.

The country is plagued by pressing issues which require measured and visionary leadership.

Instead, we have those obsessed with consolidating personal power. They told the world that reforms take time. But when

it comes to changing laws for their own selfish ends, they are fast.

The calls for the alignment of the constitution must ring louder than before. There should be no amendment to the people’s

contract without first aligning the constitution –Alignment not an amendment.

7. The Economic Agenda

The Economist’s Intelligence Unit expects inflation to average 165.5% in 2020, owing to shortages of basic goods and US

dollars and sustained currency weakness. The ongoing drought will continue to constrain exports and necessitate imports

in 2020.

Unemployment and joblessness remain a palpable threat to national security. Government is best that governs least.

Governments don’t run companies. The best they can do is to govern and create a conducive environment for ease of doing

business.

Modern defense is not in the military in nature but economic. A functioning economy is the strongest defense force for any nation.

We must return to basics.

It is important that measures be undertaken to encourage massive productivity to drag the economy out of recession.

Attracting investment will be critical and to do so Zimbabwe’s ease of doing business must be attended to.

The Zimbabwean economy is in a tailspin suffocating from massive headwinds across all sectors of the economy.

The economy is not performing and therefore the country is suffering from the twin deficits of democratic legitimacy and performance legitimacy. Without these two ingredients, that constitute two ingredients of the Social Contract, the state can implode at any moment and that is why it is essential to create a soft landing through national dialogue.

Macroeconomic Stability

In the past few years, the economy has embarked on an expansionary fiscal policy characterised by huge budget deficits and excessive expenditure. We propose that fiscal consolidation must be pursued and that we should live within our means – We eat what we kill.

The Public Finance Management Act must be amended to prescribe the issuance of TBs. More importantly, if government is to borrow, such borrowing should not exceed 3 per cent of GDP.

Monetary Policy and Exchange Rate

In February 2019 through SI 33 of 2019, the government introduced the Zimbabwe dollars. The sudden introduction of the Zim dollar was irrational. It is not possible to issue currency and expect that currency to survive without attending to the fundamentals. We have seen the local currency loosing value thereby undermining savings and investments. We propose therefore the repeal of SI142 of 2019, and the Finance Act number 2 of 2019. In short, we propose the re-dollarization of the economy in the immediate short term. In the mid-term, Zimbabwe has no choice but to join the Rand Monetary Union.

The Zimbabwean economy is so integrated with the South African economy which is its largest trading partner, due to the high cost structure imposed by the USD.

Inflation:

The mismanagement of monetary policy, the creation of money by the RBZ, an expansionary fiscal policy and the creation of Treasury bills have all contributed to the return of hyperinflation in Zimbabwe. Zimbabwe’s rate of inflation standing unofficially at 700 per cent and officially at 402 per cent is now the second-highest in the world.

Inflation needs to be addressed by a cocktail of measures which include fiscal consolidation, macroeconomic stability and proscription of the Reserve Bank’s rogue money printing activities. Having gone through the sludge of inflation in 2008 it is not acceptable that the present government has allowed hyperinflation to bounce back, the current situation is an indictment against the present regime.

Dealing with Debt

Zimbabwe’s huge debt, upward of $11 billion to International Financial Institutions and the Paris Club of Lenders, as well as more than $18 billion of domestic debt, continues to be a challenge.

Zimbabwe at this point is a failed state, there is no way to beat about the bush. It is a state that needs business rescue.

That requires not only developmental funding to be made available, but equally for debt payments to be suspended for a period of 5-10 years to allow the critical work of national rebuilding to truly occur. Some kind of a negotiated debt moratorium.

Corruption

Zimbabwe has risen dramatically on the global Anti-Corruption Index. Recent work in the Public Accounts Committee has unearthed massive corruption done through the Ministry of the Finance itself.

In 2017 treasury without supporting vouchers siphoned off USD 2,9 billion ostensibly to Command Agriculture. This is captured in the Auditor General’s report. The same report of that same year shows that USD 3,3 billion was siphoned outside parliament and public finance management regulations again channelled towards command agriculture.

Immediate action must be taken to ensure that state-sanctioned looting does not happen again.

The Plight of Workers

The average worker in Zimbabwe faces unmitigated suffering. Since January 2019, the Zimbabwean dollar has lost 85% of its value thereby effectively devaluing the wage of the worker. As this has been happening, massive inflation has also short up which is now in access of 700%.

The MDC thus supports, the call for a living wage being made by unions and indeed supports, the introduction of a US$ the wage in respect of all civil servants and workers in the private sector.

Such a call is consistent with our demand that Si142/2019 must be repealed and that the country must effectively redollarise.

This is the only way forward.

We will also support the call by the unions for collective job action to protect their positions.

Power and Energy

The shortage of both fuel and electricity has become a human rights issue. Zimbabwe has moved from a situation where on average 18-hour power cuts were being experienced to a situation where there are now total power blackouts in many areas of Zimbabwe.

The Constitution protects the Right to Human Dignity in Section 50. Our current power crisis is indeed an infringement of the right to human dignity and indeed the right to life.

We propose that the government must immediately scrape the huge subsidies of almost US$70 million per month that they are dishing out to cartels in the form of Trafigura and Sakunda.

The fuel subsidies should then be used to import at least 400 megawatts of energy from Eskom or HBC in Mozambique.

In the long-term, we propose that 2000 megawatts of energy must be found particularly from Hwange 7 and 8. We need to focus on renewable energy, methane gas and the potential 30 or so hydro stations in Manicaland. This exercise will require massive capital and therefore the resolution of Zimbabwe’s economic crisis is imperative to national development and the restoration of human dignity.

In a nutshell, A raft of measures are therefore urgent and important;

– Decisively dealing with corruption

– Fixing politics, restoring confidence and trust.

– Getting Zimbabwe to be a productive country

– Push up the productivity capacity

– Clear Vision, plans, the best people to do the job with clear KPIs.

– Strong institutions

– Dealing with livelihoods

– Smart infrastructure in particular, smart energy and alternative energy sources

– Dollarization and a basket of currencies

– Workers salaries and civil servants wages must be paid in US dollars

– Dealing with the debt crisis through HIPC

– Fees must fall

– Prices must fall

8.The Agricultural Agenda

In 2020, we face one of the most difficult years we have ever faced as a nation. The World Food Programme says Zimbabwe is one of its 2020 hunger hotspots. This is painful for every Zimbabwean because we know we should not be in this position. We used to feed the entire region. Today we are one of the world’s biggest beggars. It is a failure to lead that brought us here.

Yes, we have a drought. We salute all the partners working to help our people. However, what kills people is not the drought, it is a failure to prepare. A failure to prepare is a failure to lead. When people in a country as rich as ours go to bed hungry, there has been a failure to lead.

Our country is not a desert. Droughts have always been there. Having a drought is not the issue but having a drought without A plan is problematic.

If 4.1 million of your own people have to be fed by donors, while you live in luxury, there has been leadership failure. When children in a country as rich as ours are dropping out of school because they are hungry, there has been a failure to lead. When the whole country has been overtaken by violent thugs, raping women and killing each other in the mines, with no action being taken, there has been a failure to lead.

Thanks to an ecosystem of unpreparedness and lack of planning, Zimbabwe finds itself in the middle of a humanitarian crisis that the World Food Programme has described as the worst in the world.

5.5 million people are in a critical vulnerable food status across the length and breadth of the country. At the same time, as the food the situation worsens, Zanu PF has privatised the distribution of food in many parts of rural Zimbabwe.

The weaponisation of food must stop and stop as a matter of urgency.

Meanwhile, as MDC we will engage the international community with a bid to ensure that the humanitarian crisis is mitigated and social safety nets are provided for. We will prioritize green and climate-smart agriculture with emphasis on irrigation and issues of titles for land.

Land

Zimbabwe is for all of us. This county and this land are for all us.

The land is owned b the people of Zimbabwe. No political party owns the land.

We will invest in irrigation schemes after giving new farmers title deeds.

9. The Social and Humanitarian Agenda

Health

– We will push for the 15% health support in line with the Abuja declaration.

Education

We will push for the implementation of the DAKAR FRAMEWORK 22% budget support instead of the 13 % of the budget dedicated to education.

Investing in the Youth

– We must pursue a quota system for our youth and create equal opportunities for all.

10. The Political Agenda – Resolving the Political Crisis

Giving peace a chance

Our crisis is a crisis of governance born out of a legitimacy crisis because of the rigged, stolen and disputed the 2018 election. There is no credible future election without the resolution of the disputed election. The result of 2018 must be respected.

We must return to legitimacy and democracy. Zimbabwe must have a political dialogue that is credible and genuine underwritten by the international community to facilitate a transitional authority that will pave way for reforms. The National Transition Authority is the appropriate vehicle to turnaround this country.

In 2019, we published our RELOAD document the crux of which was essential to give peace a chance. In that document, we made it clear that the resolution of the Zimbabwean crisis require dialogue, which we were to push through political pressure in all legitimate forms. The basis and purpose of that pressure were to force the government of the day, to agree to dialogue focused on Comprehensive Reforms to be implemented through a National Transitional Mechanism.

The reality on the ground is that more than two years after November 2017, and more than 18 months after the 30 July 2018 election, time is running out for Zimbabwe.

Impatience engulfs the nation and the real danger is that all and sundry will be engulfed by forces and processes that are intolerant to the continued reproduction of the terrible status quo.

We remain committed to genuine dialogue. Our position will not change. What we want is a useful dialogue. It is not dialogue for the purposes of accommodation, photo opportunities or political expediency.

We are a party that has learnt that the people’s struggle must not be hijacked by incomplete or captured processes that provide limited relief, improper answers and imperfect temporary remedies.

We reiterate our position that dialogue must lead to a transitional mechanism that stops the country’s slide towards total collapse. This must be followed by genuine reforms and free elections.

The Case for a Transitional National Authority: The Road to Credibility

Our opponents like to call us names. But they cannot change facts.

Our country did better when the MDC was in Government. What more if we are the government!

When we entered the GNU, inflation had reached 500 billion per cent. By the time the GNU ended in 2013, inflation was just 1.63%. As soon as ZanuPF was left to run the economy, inflation started rising. Annual inflation is now over 480%. They are now trying to hide the figure.

You only have to look at your standard of living to know this truth. In 2012, a teacher was earning US300. It was not much, but they could afford basics. They could send their children to school. Today, that same teacher is being paid the equivalent of about US$40.

Before GNU, the economy shrunk 16.5% in 2008. Under GNU, the economy grew by:

• 5.4% in 2009, 11.4% in 2010, 9.3% in 2011, and 10.6% in 2012.

As soon as GNU ended, the economy grew just 2.4% in 2014. In 2019, the economy fell 7.5%.

These are facts.

Fellow Zimbabweans,

Our country is at a crossroads. We stand where they stood, let’s make history. Get involved.

We are the biggest shareholders of this country as citizens.

Zimbabwe was taken away from us. It must be brought back or we claim it with urgency. Freedom is not a distant phenomenon.

Freedom is not far away from us. It is next to us, within us and around us. There is no greater power than people united!

Freedom must come. It doesn’t come we must bring it. We are its vehicles and conveyancers.

If not you, then who?

Power is not somewhere remote. Power is within us, the people!

We have heard you cry for action. Action is not the responsibility of one person. Do not allow individuals to personalise the struggle for freedom. Stand with us to restore this country. It is time pull together to mend the social fabric that has been torn apart by this tragic failure of leadership.

Fellow citizens,

I would like to assure every person who has ever put their faith in this movement that we will not abandon the cause. The path ahead may seem unclear, but we are resolved and continue to work tirelessly to bring about change that transforms the lives of every woman, man and child who belongs to this soil.

Ours is an inter-generational mandate that requires each individual to look inside themselves and ask what action they can make to harness the winds of change. The time is now. If we are to achieve freedom, prosperity and equal opportunity we have to act as one, individually and collectively.

We must not only be bold in pointing out our problems but brave enough in solving them.

The road that lies ahead is not an easy one. There are no quick fixes. None but ourselves will deliver the change that we want.

The state of our nation is the signal. Zanu PF has given us the signal. Our pain and suffering are too much. This is the signal. Change starts with you and me. It’s time to answer the call.

We will conquer. We will win.

Isaiah 58: 12

“Your people will rebuild the ancient ruins;

you will restore the age-old foundations;

you will be called Repairer of the Breach,

Restorer of the Streets of Dwelling.”

God Bless You!

God Bless Zimbabwe.

Zimbabwe plans a third increase in telecom service tariffs – The Zimbabwean

21.1.2020 16:18

(Ecofin Agency) – Mobile operator Econet Wireless Zimbabwe, the national telecom market leader, announces it is in talks with the Post and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ), for a possible further tariff increase.

“The company, together with the other industry players, continues to engage with POTRAZ in an effort to go back to a tariff regime that will ensure continued viability of the sector as well as ensure that quality of service standards are maintained,” Econet said in a statement.

Since the second quarter of 2019, Zimbabwe has been operating in an inflationary economic environment that continues to erode tariffs for goods and services. The telecom sector has already made two tariff adjustments to maintain the profitability of telecom operators.

The first price increase (+23%) took place in April 2019 and the second (+95.39%) in October 2019. According to Econet Wireless Zimbabwe, the decline in the national economic environment is undermining the national telecom sector at various levels, not just among consumers. The multiple power cuts that are forcing telecom companies to rely more on generators, against a backdrop of rising fuel costs, have also pushed up operating costs.

Post published in: Business

Building a safety net for Zimbabwe’s urban poor – The Zimbabwean

A combination of drought and economic collapse has left 7.7 million Zimbabweans – half the population – unsure where their next meal will come from.

This is not just a rural problem. Soaring food prices mean the urban poor like *Ruth, who lives with her four children in Epworth, a Harare suburb, are also sinking into crisis. Her home is so cramped that three of the children sleep each night at a neighbour’s.

Well-wishers have rallied around to help. People also offer Ruth a bit of work when they can to keep her going – collecting firewood, washing, or cleaning.

But there’s little spare cash in Epworth. Previously an informal settlement, it remains among the poorest of the capital’s suburbs. It’s one of the first places people come to from the rural areas looking for work or, if they’ve failed to make it in the city, one of their last resorts.

“Life in Epworth is on the challenging side. It’s cheap to live here because rents are low, but there are no opportunities – and the neighbours can’t always help.”

“Life in Epworth is on the challenging side,” Ruth told The New Humanitarian. “It’s cheap to live here because rents are low, but there are no opportunities – and the neighbours can’t always help.”

Epworth is a community where the majority of people are in debt, more than 48 percent of households are food insecure, and almost a third of all children are stunted as a result of poor nutrition, according to an urban vulnerability survey by the government and aid agencies last year seen by TNH.

All good reasons why it was chosen to pilot an Urban Food Security and Resilience Cash Transfer initiative in June that reaches 19,000 of Epworth’s most vulnerable people. The scheme, run by the World Food Programme and DanChurchAid, provides the equivalent of $9 for each family member a month, sent via a mobile money platform.

For Ruth, it means a little less dependence on her husband, who she is not entirely sure will stick around.

“Now, it’s better,” she said. “Before, I couldn’t afford to buy a full container of maize meal or even cooking oil.”

Ruth is pretty certain her husband is cheating on her. He stays for a week in their one-room home and then is gone for a few days. To where, she doesn’t know. But when he comes back he’s wearing a different set of clothes.

She has been careful not to ask him about it. He has found work as a casual farm labourer on land close to the airport, and the little money he brings home is just about enough to keep Ruth and the children fed.

“Seeing as he provides food for the kids, I just put up with it,” she said.

But there’s also the rent to pay, and the landlord in the past has publicly embarrassed Ruth, scolding her when it’s overdue. There’s also the school, which has threatened to send her children home over unpaid fees.

It’s a daily struggle, one in which Ruth is far from alone.

The urban challenge

Humanitarians tend to steer away from urban interventions. There is a perception that poverty is less pernicious, that people have a wider range of employment opportunities unavailable to the rural poor – even though informal sector incomes often fluctuate, living costs are higher, and social support networks generally looser.

There are also a number of technical headaches in implementation. The high mobility of people, the lack of ID documents, and weaker community ties make targeting those genuinely in need, monitoring them, and communicating with them, tricky.

“There are multiple layers to urban poverty – it includes health, sanitation, unemployment.”

But the drawbacks are dwarfed by the current needs in Zimbabwe. Last year’s urban assessment found that out of 11,000 households surveyed, 77 percent could not meet their food requirements.

The WFP estimates that, in total, 2.2 million urban Zimbabweans are in need of food assistance.

“But it’s not just food,” said WFP country director Eddie Rowe. “There are multiple layers to urban poverty – it includes health, sanitation, unemployment.”

In Epworth, it was the community that helped identify those in need, reinforced by the more objective criteria of a “vulnerability matrix” – although the qualification requirement of a phone and national ID meant the absolute poorest were excluded.

Community consensus did help ease tensions over who was selected for aid, with single parent households, the elderly, and the disabled all accepted as priority cases, Chido Marimira of DanChurchAid told TNH.

“Initially, there was a bit of jealousy,” said Ruth. “But people realised that the survey decided who was on [the list].”

The register came under government scrutiny when Epworth residents led nationwide protests at the beginning of last year over a sudden 150 percent hike in the fuel price. The three days of unrest left 17 people dead when the security forces responded with live ammunition.

“The government is super-sensitive, as urban areas are opposition strongholds,” said an aid official who asked not to be named. “In Epworth [as a result of the protests], the government double-checked the beneficiaries to make sure they were genuine [and not linked to the opposition].”

Complications and successes

Beatrice Katumba, 65, is unmistakably one of those in need. A widow, she came to Epworth nine years ago to nurse her HIV-positive son, and after his death stayed to care for his child and four other grandchildren.

She has a heart condition and is too old to find work, so the family can afford to eat only twice a day – the main meal just vegetables and maize porridge. Adding to their problems, the septic tank next to their home is overflowing and she can’t get the local Epworth authorities to fix it, so the children are regularly sick with stomach problems.

Beatrice Katumba in her one-room home

Obi Anyadike/TNH

Beatrice Katumba in her one-room home. Katumba, 65, has a heart condition and is too old to find work. She looks after five of her grandchildren after her son died of HIV, but they can only afford to eat twice a day: vegetables and maize porridge.

“The [cash transfer] assistance came at just the right time,” she told TNH. Katumba had been considering heading back to her rural home in Mhondoro, 110 kilometres south of Harare, where rent, water, and wood fuel would at least be free – although growing enough food and keeping the children in school would have been a challenge.

The households on the cash programme are paid in US dollars into a foreign currency digital wallet on their phones. They then convert that cash into digital Zimbabwe dollars through a bureau de change function offered by the service provider.

That was a requirement forced on the programme when the government banned the use of the US dollar as legal tender, a sudden policy change that temporarily halted the initiative.

There is a further complication. “The shops in the informal settlements are small to medium scale – they prefer cash,” explained Marimira of DanChurchAid. Shop-owners charge a premium of at least 25 percent to convert the electronic payments, and for some demand-heavy commodities like maize meal it can be as high as 40 percent.

That penalty hurts when “every cent is critical, every cent counts”, acknowledged Marimira. But she insisted it had not torpedoed the overall success of the programme.

Two children and their mother in Epworth, Zimbabwe.

Obi Anyadike/TNH

Katumba’s grandchildren keep getting sick as a result of an overflowing septic tank.

“There is a strong voice from the community that this is helping them meet their daily household food requirements,” said Marimira. “Food consumption is increasing, dietary diversity is increasing.”

Epworth has been a “proof of concept”. It will be expanded this year to eight other urban locations, reaching 100,000 people with funds provided by the UK’s aid arm DFID, but WFP is looking for financing to double those beneficiaries to 200,000.

(*Ruth’s real name has been changed to protect her identity.)

Two Units at Zimbabwe’s Hwange Thermal Plant Return to Service – The Zimbabwean

21.1.2020 15:53

Two units at the Hwange thermal power station have been returned to service after flooding occurred on Jan. 18 and caused the power station to be forcibly shut, the Zimbabwe Power Co. said.

“Units 1 and 4 returned to service this morning, while unit 2 is expected back in service by day end,” the Zimbabwe Power Co. said in an emailed statement. The Hwange power plant was producing 64 megawatts on Monday, according to the utility. It has an installed capacity of 920 megawatts.

The plant was knocked off line with the loss of 400 megawatts because of local flooding. The Southern African nation has been experiencing power cuts lasting as long as 18-hours a day, with output at its hydro power station in Kariba constrained because of a regional drought.

Post published in: Featured

Rod Rosenstein Had To Burn Down Page And Strzok’s Privacy To Save It

Rod Rosenstein

Rod Rosenstein still believes he’s one of the good guys. In fact, he filed a Declaration saying just that last Friday in FBI agent Peter Strzok’s wrongful termination lawsuit. He had to secretly release his employees’ personal texts in the dead of the night with strict instructions that reporters should attribute them so as to imply that they were leaked by Congress. Because if he hadn’t breached every department norm and thrown his employees under the bus, then surely Lisa Page and Peter Strzok would have been ritually humiliated by congressional Republicans. If you think about it (but not too hard), Rosenstein really did them a big favor.

Yes, that’s really the line they’re going with here.

In fall of 2017, the Mueller investigation was rocked by the news that Page and Strzok, two members of the Mueller team investigating the Trump campaign’s ties to Russia, had been having a clandestine affair and sent personal messages critical of Trump during the campaign. Congressional Republicans went ballistic and summoned Rosenstein to answer for himself before the House Judiciary Committee on December 13.

The Justice Department raced to provide the Committee with a complete copy of the pair’s thousands of texts, but they had a list of 375 particularly inflammatory messages that they wanted to get out to the press before the hearing. So late in the evening of December 12 and early the next morning before Rosenstein’s testimony, DOJ spokeswoman Sarah Isgur Flores invited several reporters to view those salacious messages at DOJ headquarters on condition that they not attribute them to the department.

Except Natasha Bertrand, then of Business Insider, published a story about Isgur’s gambit before Rosenstein’s House appearance on the 13th. Several former Justice employees were quoted saying it was highly inappropriate for the DOJ to release evidence during a live investigation.

“It’s appalling behavior by the department,” former DOJ spokesman Matthew Miller told Business Insider. “This is an ongoing investigation in which these employees have due-process rights, and the political leadership at DOJ has thrown them to the wolves so Rosenstein can get credit from House Republicans at his hearing today.”

Asked about it by Democrat Hakeem Jeffries at the hearing, Rosenstein defended himself, saying,  “We consulted with the inspector general to determine that he had no objection to releasing the material. If he had, we would not have released it.”

Only that turned out to be … less than accurate. Just two days later, the IG sent a letter in response to a query from House Judiciary Democrats saying that he hadn’t even okayed the release to Congress, much less members of the press.

Sarah Isgur Flores was similarly squirrelly about the text leak, as documents pried loose by the FOIA warriors at CREW demonstrate. Isgur went on the warpath against Thomson Reuters reporter Mark Hosenball, who dared to suggest that DOJ doesn’t make it a regular practice to disclose evidence in the middle of an investigation.

Asked for a response to Page’s complaint that the DOJ threw her to the wolves, subjecting her to a relentless rightwing smear campaign — including simulated orgasms by Donald Trump at his campaign rallies — Rosenstein told the Daily Beast, “Ms. Page received more opprobrium than she deserved for her mistakes, but the Department of Justice is not to blame.”

And in yesterday’s Declaration appended to the Department’s Motion to Dismiss Strzok’s wrongful termination case, he defended himself thusly:

Some congressional members and staff were expected to release them intermittently before, during, and after the hearing, exacerbating the adverse publicity for Mr. Strzok, Ms. Paige, and the Department. The disclosure obviously would adversely affect public confidence in the FBI, but providing the most egregious messages in one package would avoid the additional harm or prolonged selective disclosure and minimize the appearance of the Department concealing information that was embarrassing to the FBI.

Rosenstein also pinky swears that he consulted the Department’s Acting Chief Privacy and Civil Liberties Officer, who verbally advised him on December 12 that releasing Strzok and Page’s messages without the IG’s go-ahead during an active investigation was totally kosher, so Strzok’s Privacy Act suit must fail.

Judge Amy Berman Jackson will  evaluate Peter Strzok’s legal claims. But you don’t need a gavel to see that Rosenstein didn’t exactly cover himself in glory here. Pretending that his motives were purely noble is really just the icing on the cake.


Elizabeth Dye lives in Baltimore where she writes about law and politics.

Authorities Have Thrown Michael Avenatti In The Hole — Attorney Asks To Move Him To Gen Pop

When Michael Avenatti got arrested in California last week for unspecified violations of his pre-trial release, he was remanded to New York’s MCC, the prison where Jeffrey Epstein may or may not have killed himself.

According to his attorney H. Dean Steward, Avenatti is being held in the same cell where the government held El Chapo pending trial, which is the federal prisons equivalent of “the hole” — a “special administrative measures” area where inmates are cut off from contact with other inmates. Steward is asking the court to direct the Bureau of Prisons to move Avenatti to the general population.

Regardless of your feelings about Avenatti, there isn’t much of an argument for keeping the guy in solitary. Inmate Martin Gottesfeld, housed adjacent to the El Chapo unit, describes the conditions for The Intercept:

The facility itself is trash, with cockroach-infested meal trays and frigid, leaky cells. One inmate resorted to drinking from his toilet when the water was shut off. (Its sister facility across the river is now the subject of public attention, as detainees have been living without heat.)

Not to get conspiratorial, but what honest BOP official looked at Michael Avenatti charged with pilfering from clients and thought, “El Chapo… Avenatti… seems about right.” One of them led a murderous drug cartel and the other might have swiped thousands of dollars he owed to his clients. Totally equivalent!

His former client and alleged victim Stormy Daniels got a bum rap that looked every bit like some a trumped up political charge. Could Avenatti be getting the same treatment from a BOP MAGA-head?

Inside El Chapo’s Confinement: Cockroaches, Frigid Temperatures, Tacos, and a Three-Lieutenant Escort [The Intercept]
Michael Avenatti being held in same cell that housed Joaquín ‘El Chapo’ Guzmán, lawyer says [NBC News]


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

Lawsuit: Mark Zuckerberg A Supervillain Beyond The Powers Of Antitrust Protections

Now That The Jury’s Picked, What To Expect In The Harvey Weinstein Trial

(YANN COATSALIOU/AFP/Getty Images)

It took a few weeks to hand out questionnaires and vet hundreds of potential jurors but considering the sturm und drang surrounding the Harvey Weinstein sex-assault case, a jury was picked relatively quickly, queueing things up for testimony to begin Wednesday.

There was a minor kerfuffle when supermodel Gigi Hadid showed up in the venire, but it was a welcome diversion considering there’s nothing more boring for reporters than watching sidebar conferences and days of voir dire.

(Photo by Kena Betancur/Getty Images)

At one point the action outside was more interesting than inside when a group of black-clad women with red scarves and dark stockings wrapped around their eyes formed a flash mob on the sidewalk, pointing toward the courthouse.

During jury selection, prosecutors protested what they saw as defense systematically striking young white women from the panel. Defense attorneys voiced objections when they learned that a woman author, whom both parties selected, was writing a novel about the relationship between a young woman and a predatory older man. While she stated she was a novelist on her jury questionnaire, she failed to include the subject of her book. The judge, however, refused to unseat her or grant a mistrial.

The makeup of the jury is mostly white males including an Upper East Side businessman, a banking executive and the managing partner of an investment firm. Only two white women were seated, the novelist among them.

Both sides denied they’d struck potential jurors based on race, gender, or age, but that’s always a factor in determining jury makeup. Why? Conventional wisdom has it that everyone relates more to the party that looks like them. Successful professional businessmen (especially older ones) might see Weinstein as “there but for the grace of god, go I.” Whereas, working women who’ve experienced sexual harassment on the job are more likely to sympathize with the complainants.

The judge made clear that the case is “not a referendum” about the #MeToo movement, but by permitting four women not named in the indictment to testify about how they were sexually assaulted by Weinstein (the prosecutor couldn’t charge this in the indictment because of the statute of limitations), the scale is tipped against the former movie mogul. Sure, jurors will be instructed that they can’t consider these witnesses’ testimony to show Weinstein has a criminal propensity to sexually assault women. But jurors are only human. As we saw with the Bill Cosby conviction, there’s strength in numbers.

In this early stage, it appears the prosecution has the wind at their backs.  Weinstein has been vilified globally and the #MeToo movement is widely lauded as a way for women to even the score after having been subjected for decades to sexual harassment at the workplace.

But the case won’t be easy. Although the prosecution has poised, educated, well-spoken female witnesses, defense attorneys will key into every minute inconsistency, the fact that the women didn’t report the abuse for years, and that many stand to gain civil judgments through lawsuits against Weinstein.

There’s also the problem of Detective Nicholas DiGaudio who allegedly told a complainant (now dropped from the indictment) to delete information from her cell phone that would have been favorable to Weinstein. Any witness with whom DiGaudio had interactions before he was kicked off the case will be undermined by that fact.

Defense attorneys will imply through cross-examination that each complainant was a willing accomplice to Weinstein’s advances. They knew he was a powerful man and that being with him could lead to getting better jobs.  In many cases, they continued either working for him or socializing with him even after the alleged criminal acts occurred.

While it’s fair game to question a witness’s motive and credibility, however, it’ll be a tightrope walk for defense attorneys not to alienate jurors by “blaming the victim.”

One thing I’d stake money on -– Weinstein himself will not take the stand. The case is about whether the prosecution can prove its case against him, not whether Weinstein is actually innocent.

The only reason to have Weinstein testify is because he has a reasonable story to tell or to gain some sympathy. Sympathy is out of the question even though he’s using a walker to amble to and from court. The accusations against him are too widely cast in number of victims and time frame. No one will feel sorry for him. Furthermore, it’s unlikely any story he’d tell would counter the detailed versions complainants will give. Because of the number of witnesses scheduled to testify against him, there’s just too much to explain away.

Taking the stand would only shift the burden from whether Weinstein committed these crimes to whether he’s as sleazy a customer as he appears to be. That’s a risk he can’t afford to take.


Toni Messina has tried over 100 cases and has been practicing criminal law and immigration since 1990. You can follow her on Twitter: @tonitamess.