My interest started when I was looking at my Facebook feed over the weekend and saw this post from a former coworker. Obviously, we’re Facebook friends. Otherwise, his post wouldn’t have come up. He’s a former Marine. We’d always worked well together and even though he is the most right-wing person I know, he’d never done anything to disrespect me or make me feel uncomfortable.
The post had to do with Kevin Hart withdrawing as host of the Oscar awards in late February, but it was the comments that followed that got me. I’m just going to show you what I discovered and it was nothing I’d ever seen with my own eyes, targeted toward me, right outside my own city.
I should take this opportunity to warn you about the language and more importantly, the thoughts, that follow.
Hart eventually did, but apparently it was too late.
I have made the choice to step down from hosting this year's Oscar's….this is because I do not want to be a distraction on a night that should be celebrated by so many amazing talented artists. I sincerely apologize to the LGBTQ community for my insensitive words from my past.
I'm sorry that I hurt people.. I am evolving and want to continue to do so. My goal is to bring people together not tear us apart. Much love & appreciation to the Academy. I hope we can meet again.
Then my former coworker and Facebook friend commented as he tends to on his Facebook page. The third comment you see below is also his, and I’d never seen him go that far. I was very disappointed, but we’re still Facebook friends. That’s Facebook’s term for connections. Instead of questioning or debating him, I decided to learn more about the person who wrote the last two comments, since he only seemed interested in Jewish people.
Do you see all the “like” and “love” reactions? That’s what we’re dealing with.
This Brad Foden character apparently lives outside Philadelphia and is a former Marine, just like my former coworker and Facebook friend, but younger.
I clicked his name and saw what he’d posted on his own Facebook page, and everything I’m showing you is public, as you’ll soon see by the “world” icon in the upper right.
Here is another picture of him, posted just over a month ago but years old.
Again, this is what I – a complete stranger – found on Foden’s Facebook page. Keep in mind, we’re certainly not friends, have never met, and this is public. I have no idea what may be on there that’s private.
Here, he managed to turn a gun law into racial hatred for absolutely no reason.
Obviously, somebody who thinks that way about one group also thinks that way about others. Nobody is immune.
Then, after that string, he continued.
But wait until I used one of those phrases of his against him!
I decided to engage and find out what makes someone such a hate-monger. He’s probably about 40 years old and lives near a large northeastern city, rather than the south or northwest, where his thinking is more likely to be prevalent.
I tried to elicit responses the best way I could, which involved some lowering me to his level. I also asked questions, but you won’t find any answered. Instead, just names thrown out that he probably saw misrepresented in hate material, either on paper or online.
What you’re about to see directly followed his comment from above, “They run much more than Hollywood.” It’s not edited. I wrote everything myself and he wrote everything himself. Unsubstantiated, like everything else from him.
At the top, about getting kicked out. I was thinking to myself:
Ferdinand and Isabella kicked the Jews and Moors out of Spain. What happened to Spain afterward? It made some folks there rich from explorers doing what they did, but the country itself was ruined. What could Spain claim for centuries, especially after the British sank the Spanish Armada in 1588?
Then, centuries later, the Holocaust. Europe killed its Jews and so many of the survivors left for overseas. Trace Europe’s downfall in world affairs through the 20th century. Then, Europe made it so easy to let Muslims in and the areas around big cities have certainly changed. How do they feel about that difference in demographics?
Now, look at Israel. It miraculously won independence, survived being severely outnumbered and boycotted, and thrives with technology and innovation.
And that lowlife had the nerve to say Jews got “removed” from so many places! Their losses!
But I kept quiet to read more of him digging his own grave.
Notice he said, “We are done here,” but that was far from the case.
Again, no answers, and this string was over but I wasn’t satisfied.
Instead, after one genius posted, probably to my former coworker and Facebook friend’s original comment, I had already started a new string by updating the original story and tagging good ‘ol Brad!
I won’t say anything in general about people who can’t spell, use proper English punctuation, etc. Lots of people can’t, but they’re smart in other ways. Even some hate leaders aren’t “stupid,” but I think I’m dealing with one of their followers, who is the lowest of the low and dispensable.
Once again, it took a few hours but he simply couldn’t resist not responding.
I thought I’d give him a chance to prove his conservative bona-fides by explaining how markets work, but he couldn’t keep up. It seems he’s just hate. That’s all there is to him.
Now, as we get into hours, you can see it took about three hours to get that last response. So much for that “We are done here” from earlier. That’s the least of it, but it gets discussed at the end. Just wait.
By now, we’ve all seen “((()))” in his writing before. I don’t know why he’d keep trying to hide what he thinks and wanted to say at this point!
But he, himself, continued. Again, none of this was edited except for other people’s names earlier.
So shalom. He’s done. Yeah right!
In case you’re wondering, my former coworker and Facebook friend had to be fully aware of every comment that got posted, by Facebook notifications as they were happening, since it all appears on his page. He’s still my former coworker (obviously) but also Facebook friend. He didn’t unfriend me at any point, letting this continue. I wonder why but won’t ask.
As for this Brad knowing I write (but certainly not as eloquently as him), I’ll assume it’s on the top of my Facebook page. Almost everything else is set to friends-only, and that’s the default. Somehow, I doubt he got that from my former coworker and Facebook friend.
One last point here: Notice how he asked, “How close are you to reporting me now media man?” Earlier, it was “How long before you report me to your family that runs this place?” As far as I’m concerned, publicizing this was his idea.
THIS is where he really outdoes himself! Do you see the name of the newspaper? Do you see what he wrote?
This is the picture of the newspapers blown up. I still can’t see as many details as I’d like, and certainly can’t speak for the newspaper or the picture. You’ll just have to notice the similarities and differences between the two sides. Please comment below if you’re more familiar with this graphic.
So I gave him a hard time for not being able to distinguish between the newspapers or having a clue who owns The Wall Street Journal, throwing in the name of a cable channel he’s probably familiar with, just for good measure.
Then, last night, I let loose and shocked him by showing I knew more about him than he could’ve thought.
That was the last thing I wrote to him. No more. I gave him the floor after that last post.
Then, I went to bed, listening to the TV and all the rings on my phone, all different responses from him. Brad wouldn’t give up.
You’ll notice he finished the string and started new ones, so look at the time since he posted, so you can follow in order if you think he makes any sense.
Was this what he was referring to?
Or this?
I wonder if the authorities or Facebook would consider any of this threatening.
And that’s all, folks! You read every single word of our “conversation.” (I warned you, didn’t I?)
So here are a last few points from me:
And he thought he had a stalker? So many messages from him. So much nonsense. But so much he apparently believes, and he can’t be the only one, so that’s a problem for society.
No, I’m not afraid. I don’t believe in living in fear, and plenty of other journalists have faced much more when reporting. I live in a secure building and don’t have a regular schedule.
And no, he doesn’t know the journalism business, or the turmoil and turnover that goes on in newsrooms.
As for my former coworker and Facebook friend, he’s not completely innocent. Far from it. He wrote some similar things. I’m not happy about that. But I don’t plan to unfriend him, simply because I can read what he writes and he can read what I write, so unfriending is up to him. Hopefully this can be a learning experience but my hopes are very low.
Furthermore, I didn’t name any other person involved in a few of the posts you saw. I blocked off their names. The reason is simply because I had a “discussion” with one person and gave that one person plenty of opportunities to explain himself. He took me up on those opportunities, more than I ever could’ve thought, and I’m letting his words speak for themselves. Nobody else got that chance. And don’t forget he asked, “How long before you report me to your family that runs this place?” and “How close are you to reporting me now media man?”
So let me ask you this, especially for people in and around Philadelphia: If think you know Brad Foder, do you really? Has this changed your opinion of him?
If you don’t, would you want to be associated with him? Do you think he’d really like and respect you? Would you want him working for you? Would you go as far as warning others about him?
If you do know of him, then I hope your answer to the last question would be “yes,” and you’ll forward this web link to everyone you think also knows of him, as a friendly warning.
Personally, I think I know what I’m going to do about what I perceive to be threats, but certainly won’t reveal any decisions here.
Folks, this is America, 2018. As we approach Christmas, which I don’t celebrate, I’ll end with a phrase millions of other people will be reciting:
“Peace on Earth, and goodwill toward men” (and women).
If you appreciate what you read here, subscribe with either your email address or WordPress account, and get a notice whenever I publish. Don’t rely on social media with its hacking issues and censoring like this, this and this. I’m also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen
THANK YOU! I don’t know what else to say. There’s nothing special about hitting 20,000 blog page views except that it’s a big round number.
The blog is a hobby and will be four years old next month. It’s just a way for me to practice writing, learn better use of the web in blog and email situations, and connect and express myself without being a slave to Facebook, Twitter and the others. I’ve written about social media’s hacking and censoring issues here, here and here.
(On this special occasion, so you know what I’m referring to, I’m going to break what I’ve learned about “email situations” and give subscribers the entire post here in email form.)
FYI, here are the answers to four questions you may have:
No, I haven’t made a cent off the blog. Instead, it costs me to have the domain without WordPress’ name in there, so it’s easier for everyone to remember. If you know me, then you know it’s not about the money. Maybe that’ll come someday.
I’ve never refused to publish anyone’s comments on the blog. (WordPress does look for possible spammers, and I don’t see what’s there. If you post and don’t see it approved and online within a reasonable amount of time, then write to me on the Contact CohenConnect page.) In fact, I suggest you comment on the bottom of the blog site, rather than on Facebook, Twitter and the others.
One reason I suggest that is it’s also a chance for you to respond as you wish, with fewer people seeing how you really feel. I can be honest and outspoken, and encourage you to be the same on issues you find important.
Another is because I’m always *updating* blogs in the comments section. I’d guess the average post has a dozen updates underneath! (Go check!) If there’s something you’re interested in (say, net-neutrality), then comment. I always try to follow-up, which is something the mainstream media should do more often, rather than mainly trying to be first with a breaking story. Just this morning I posted this update with a link to The Hill that anyone who commented on Oct. 2 would’ve been made aware of:
“A HALF-MILLION MORE REASONS TO OVERTURN THIS! FCC Chairman Ajit Pai is acknowledging it’s a ‘fact’ that a half-million comments were submitted from Russian email addresses during the public comment period, ahead of the FCC’s net neutrality repeal last year.”
The one thing I really ask is that you subscribe, so you’ll get an email whenever I post. You know it’s not often and you’ll never have to think about missing anything.
Here’s to lessons learned and better work over the next 20,000!
P.S. It’ll also be good to hear if there are any topics you’d like me to write about!
Philadelphia is a great place to live. It has so much, so close-by: history, museums, sports. It’s walkable, livable, has green space. No, it didn’t get Amazon’s HQ2 and yes, it’s often overshadowed by New York and Washington. Too bad it has people in charge who don’t care about serving the public.
This goes along well with what I’ve recently written about liberalism turning so far left, it’s often becoming extremism. (See here, here, here and here.) Of course, Philadelphia is more to the left than the nation as a whole. Let’s see how much.
Here is the deal:
Mazzoni Center is the oldest AIDS-service organization in Pennsylvania, and has been “providing innovative and compassionate care and services for people living with HIV since 1981.” That’s according to director of communications Larry Benjamin in a recent column in the newspaper, Philadelphia Gay News (PGN), which is the main source of news for Philadelphia’s LGBTQI+ community.
For decades, Mazzoni’s CEO was Nurit Shein, an Israeli woman no longer mentioned on the center’s history page but who undoubtably oversaw the “steady and continued growth” listed on that page:
The first HIV testing site in Pennsylvania in 1985.
The first sponsored housing for individuals living with HIV in 1986.
Opening the region’s first HIV-related food bank in 1989.
Opening its primary care medical practice, which has since become a cornerstone of the organization’s services, in 2003.
“Today, with more than 35,000 individuals benefiting annually from its services, Mazzoni Center is a leader among community-based organizations in the greater Philadelphia area.”
“The center has 35,000 clients and an annual budget of $16.5 million, $6 million of which is comprised of federal grants. The balance comes from revenue generated through the health center and private-development funding.”
In other words, the nonprofit gets government money and asks for donations, since it can’t come close to surviving by simply charging its clients or patients fees. This affects all of us.
“Thanks to a newly created HIV-prevention funding opportunity from the Centers for Disease Control and Prevention (CDC), Mazzoni Center will receive $337,248 annually over the next five years to help continue three of our key intervention projects: HIV counseling, testing and referral services for MSM of color, for which we collaborate with GALAEI (Gay and Lesbian Latino AIDS Education Initiative); comprehensive risk-counseling services for HIV-positive or high-risk men to cut down on the risk of future transmission or infection; and our community-outreach program ‘Get Real.’”
“Mazzoni Center is pleased to announce it has received an award of $1.5 million through the Commonwealth of Pennsylvania’s Redevelopment Assistance Capital Program (RACP). The funds are designated to support the purchase and renovation of a Center City building at Broad and Bainbridge Streets, where the agency will relocate and consolidate its core programs and services in summer 2017. …
“The grant demonstrates the growing commitment and collaboration between the State of Pennsylvania and the LGBTQ community,”
and both of these examples of public funding happened, like so much else, under CEO Shein.
But despite so many successes over a generation, not all has been going well at Mazzoni for the past few years.
“Last year, Mazzoni Center was plagued by published reports of systemic racism, mismanagement and dysfunction. In April 2017, Robert Winn resigned as medical director amid charges of sexual misconduct. CEO Nurit Shein was asked by the board of directors to resign later that month, following accusations of delayed action on Winn’s alleged misconduct.”
Then,
“Stephen Glassman stepped in to fill the interim CEO job in July 2017. During his tenure until March, he hired consultants with far-right ties to discourage employees from unionizing, which sparked another controversy. Last September, Mazzoni Center employees nevertheless voted 51-34 to unionize.”
Lydia Gonzalez Sciarrino was hired as Mazzoni’s third CEO in less than two years – moving up here from Florida – but she recently resigned after just seven months. It wasn’t due to the heat, weather-wise. The former Floridian was probably used to our mostly warm weather during her short tenure.
“At the time her hiring was announced in March, she was attacked on social media by Mazzoni Center employees and others demanding her resignation, at least partly due to her non-LGBT status.
“The Black and Brown Workers Cooperative (BBWC), who say they represent nearly 400 workers in Philadelphia, told PGN in a statement in early April, just days after Gonzalez Sciarrino took over as CEO: ‘The days of people who are not from our communities coming in to take up a considerable amount of power in our communities is over,’ said BBWC cofounder Shani Akilah. ‘A white, straight cis woman is not fit to lead Mazzoni, no matter how much experience she claims to have,’ said Akilah. ‘The one thing she does not have and will never be able to have is lived experience.’”
Can you believe that?
Such an outrageous statement about an accomplished woman who the board of directors chose to lead their troubled agency after a long search!
Talk about discrimination, and it happened this year – not just in America, but inThe Birthplace of America!
Besides, who gets to pick their boss?
Click here for more of the article including why Gonzalez Sciarrino had to stop driving and start walking to work, always changing her route.
“The move follows a series of social-media postings on Sloan’s personal Facebook page since the announcement of CEO Lydia Gonzalez-Sciarrino’s resignation earlier this week. In one public post on Monday, Sloan wrote: ‘This is what happens when you cross me. HAPPY MONDAY BITCHES!!!!!!!!!!!!!!! #WEWILLNOTLGBTQUIET’ over a shared article of PGN’s coverage of the CEO’s resignation.
“A commenter questioned whether Sloan should be congratulated, to which she replied: ‘Congratulations is absolutely the word. THANK YOU … IM [sic] SO HAPPYYYY.’
“In another, Sloan shared a second article written about Gonzalez Sciarrino resigning with the hashtags ‘WeWillNotLGBTQuiet’ and ‘#Bih,’ internet slang for bitch.’
“As she left the building on Thursday, witnesses told PGN Sloan shouted out: ‘I got fired by y’all — tell your friends.’
“Shortly thereafter, she wrote on her Facebook page, ‘They went and fired me for no reason get ready to raise hell everybody.’”
Makes me wonder what kind of people work at Mazzoni!
“Amber Hikes, the executive director of the Mayor’s Office of LGBT Affairs, had opinions on the resignation of its executive director, Lydia Gonzalez Sciarrino, and posted those opinions on social media.
“When we called her for a clarification and asked whether she was representing her own views or the views in her capacity as a representative for the mayor, she stated: ‘This is a trip. It’s weird that it’s a slow day at PGN, especially with everything going on, but I’ll give you a quote to explain what’s going on.’”
That PGN editorial concluded, “The issue boils down to whether a non-LGBT person can run an organization that serves primarily LGBT people,” and the newspaper has spoken out against discrimination like that before.
In this particular case, it wondered based on Hikes’ social media posts, “Is her view personal or administration policy?”
That’s the question I – as a Philadelphia citizen – wanted answered. I even asked about public officials using their own social media accounts while supposedly working for the public, developing policy for the mayor.
Remember the name Amber Hikes, because this post is mostly about her. Shortly, you’ll read the Facebook faceoff we engaged in, and the letter she asked me to send – containing a bunch of questions – she never bothered to answer. You’ll also see several of her tweets containing profanities, and how her support of certain people – and disregard of others – are a prime example of the left gone too far.
I’ll bet Mazzoni Center management changed its tune on Hikes not long after the mayor hired her!
Therefore, she works for the city but you’ll find no brotherly love coming from her (except for her boss, the mayor) and little sisterly affection.
Hikes had lived in Philadelphia for more than a decade but moved to California more than a year before her appointment at City Hall. That’s when she told PGN,
“‘When I arrived in Philadelphia about 11 years ago, I was a young, black queer woman seeking people who looked like me who loved like me and frankly, the next decade of my life, [I was] just living, studying, working and trying to build that community that I was seeking,’ Hikes said. ‘I noticed these multiple identities that were reflected in the intersections of so many of our underserved citizens.’”
And apparently those are the only people Hikes cares about.
For example, on Aug. 20, Gonzalez Sciarrino fired Kay Martinez, who was Mazzoni Center’s first director of diversity, equity and inclusion. That caused an estimated 50 people to walk out to protest the firing. Among those protesters was no other than Amber Hikes, the executive director of the Mayor’s Office of LGBT Affairs. I’ll get into the contradiction shortly.
“‘The reason for Kay Martinez’s termination was disagreement with the Mazzoni Center management team that resulted in unprofessional conduct that was inconsistent for someone in their role,’ according to Mazzoni’s written statement. ‘We believe the facts, when communicated in the appropriate forum, will be obvious proof that we could not continue the employment of Martinez, a high-level director.’”
“Gonzalez-Sciarrino took on an ally role once she became the leader of an LGBTQ organization. There needs to be a demonstration of a high level of LGBTQ competency, no matter who it is,” said Martinez. “I’m not saying this heterosexual, cisgendered Latina person has no business being there — it’s about her level of LGBTQ competency. I had to educate the CEO on what my pronouns were and how to properly use the they/them pronouns, and that displayed a very significant trans incompetency.”
I wasn’t there, don’t know what really happened and have not heard about a resolution. Besides, most of us use he/him pronouns for someone who looks male, and she/her for someone who looks female. With so much diversity in the LGBTQI+ community, how could someone look at someone else and automatically know which pronouns they prefer? Even Harry Houdini wouldn’t be able to get out of that one!
“Right before presstime, Hikes did clarify that the statements are ‘on my personal Facebook so yes, I’m speaking personally.’”
Of course, I got interested and looked at her Facebook page. That was last Tuesday, Nov. 20. This is what I found:
So at least one of her Facebook friends, apparently not from Philadelphia, was very interested in Gonzalez Sciarrino’s three replacements, and wanted to make sure at least one was of what she considered the proper race, and trans, rather than cis.
Remember, the Mazzoni Center survives on public, taxpayer money – plus the generosity of some individual members of the public. Tens of thousands of people’s health, and other people’s jobs, depend on the place running smoothly. Otherwise, it’s a waste of money and a huge shame after so many people worked for so long, so Mazzoni could offer groundbreaking programs.
See that Facebook friend’s response before my question, which I decided should be about a large group of individuals never once mentioned in the resignation matter: men!
You can see I was attacked and also who her Facebook friends are by the number of thumbs-up quickly praising her for acting strong and attacking me. (Who your friends are tells a lot about you.) But I thought this public servant was out of line and didn’t give up, explaining myself further, using her tone against her, and then mentioning the mayor.
My letter makes a good point about her sentence starting with “Yes my boss.” So before going to bed, she made a more disgraceful assumptions and remarks, but invited me to send an email to her office, which I did.
(It appears since then, Hikes made her personal Facebook account private, and after that shut it down. Good move for somebody who was documented as having injected herself into multiple firestorms on social media!)
I spent the next morning crafting this exact letter to Hikes, emailed it midday, and cc’ed Mayor Kenney, whom Hikes spoke for and answers to:
Hi, Ms. Hikes! I’m a citizen of Philadelphia, on and off for 20 years on Thanksgiving (tomorrow, by coincidence).
You’ll no doubt remember last night, I wrote, asking you a question. I had just finishing reading PGN‘s latest article on the saga of the Mazzoni Center, and you said to “Feel free to shoot an email … with your grievances.”
Here it is.
I don’t expect detailed answers to every question I’m putting forth here, but would appreciate general explanations about some of the things you’ve said, and some of the ways I feel.
· “lived experience” qualifies a leader for an organization that deals with marginalized communities.
· “I think that personal, lived experience with those communities is essential to be able to serve them appropriately” … “In the same way that I think it is appropriate for a black person to lead Black Lives Matter, it is appropriate for a woman to lead the National Organization of Women, I think it’s appropriate for an LGBT person to lead an LGBTQ center.”
Actually, while proofreading before publishing this post, I realized she must’ve meant the The National Organization for Women, not of Women, and she should know better.
I also just realized the NAACP was formed in 1909 as a bi-racial endeavor – not a black organization – to advance justice for African-Americans.
Seems I know more than Ms. Hikes on some aspects of women and African-Americans! It also disproves her last point. But as you may have imagined, there’s plenty more…
That first statement leads me to wonder what qualifications the leader of an organization that deals with marginalized communities should have? If “lived experience” is a requirement, then are there others? If not, then how does “lived experience” qualify compared to other qualifications? Could it simply be a tie-breaker?
That second statement, dealing with demographics, leads me to wonder, “Do you think it was appropriate for President Obama to lead (what was) a majority white nation?” Also, do you feel that’s OK when it comes to labor laws?
That statement sounds to me like something President Trump would say to the media, not “the executive director of the Office of LGBT Affairs for the City of Philadelphia,” as it says in your biography (https://www.phila.gov/departments/office-of-lgbt-affairs/). Would you mind sharing what else was going on the day PGN contacted you? (I’ll be happy to help clear things up with them by forwarding your answer, if you’d like.)
(I don’t agree with PGN’s opinion 100 percent and don’t think anybody in the world can, since it tries to give opposing points of view and make us think. I would suggest a few changes to the newspaper but will not question its original reporting. As for any agenda, after decades as a reader, I will suggest it’s the betterment of the LGBTQI+ community in every way, in Philadelphia and around the world. I take that to mean equality and peace.)
Your use of personal social media while serving the public made news, and it was also news to me that it had made news before. (Editorial: “She injected herself into this latest firestorm, as she has with others on social media.”) Therefore, I became curious.
Also, you chose to have your Facebook account’s privacy setting open to the public (or did not pay attention) which has apparently led to some news and definitely led me to read, which was my right. This morning, I saw that setting had changed and I’m sure you understand the consequences of libel, should that be the case, considering your response to me last night. You know what’s on the Internet tends to stay there. You should also know I always jealously protect my good name, with legal counsel on hand for a situation exactly two weeks ago (Nov. 7). I’ll ask you to make sure any defamatory reference to me on your Facebook timeline is gone, after you respond to me.
I don’t think you treated my questions, and definitely my point, fairly. I was intrigued when I read this comment to your post on Mazzoni, and the probing answers and replies that followed.
When I saw the response that followed, from somebody whose Facebook profile says she is “based in Washington DC and California” rather than any mention of Philadelphia, and considering how you answered her, I decided to ask you about this story making news.
I decided to use gender as the basis of my question, because it had not been brought up, and because PGN reported in its news article, “The three new leaders are Medical Director Dr. Nancy Brisbon, Care Services Director Alicia Manley and Chief Financial Officer Racquel Assaye” – all women.
I even called out my own questions as among the “knit-picking” ones! I wanted to make a point.
Let’s say your response to me was different than above, not so nice, and falsely accusatory.
I’ll point out, right off the bat, your response to me was absolutely rude. You tried to make it clear you don’t work for Mazzoni, using emojis between every word. Of course not. You’re “the executive director of the Office of LGBT Affairs for the City of Philadelphia.”
Then, you used the phrases “is exactly what we need” and “is moving us in that direction.” Does that sound like a politician with an interest in the center, or something more that may cross a line? It definitely makes your relationship sound different than your first sentence (“I don’t work for Mazzoni,” emoji, emoji, emoji).
But you were one of the people who “participated in a walk-out to protest the firing” (according to the PGN article) of Mazzoni Center’s first director of diversity, equity and inclusion. How could you walk out if you don’t work there, and how could you protest as a city official? I don’t get it, either way.
If you say you were simply standing by the non-management workers there, please realize I’ve been a member of two unions and shop steward at one. I have absolutely no problems with unions, and in fact encourage workers to unionize. Collective bargaining is probably the only way for them to have a voice in working conditions and we are lucky Pennsylvania has not turned the way of Michigan under previous gubernatorial leadership here.
However, the treatment of the patients is the reason Mazzoni exists, and the reason members of the public donate money to keep it running and more. I completely understand the workers walking out if they were ordered to do something morally wrong or illegal. (I chose to leave one job under similar circumstances.) Otherwise, they were probably putting their jobs and even the treatment of their patients on the line.
You also accused me of being sexist, but that is not true in any way. There are women I turn to as mentors for advice, including whether I could be considered one for something I said, did, or believed. Again, I was simply adding one more facet of humanity to the discussion that had not been mentioned: gender. If instead, I had mentioned religion, age or national origin, would you have accused me of “ageist nonsense” and the like?
I don’t know the three Mazzoni leaders’ religions, ages or national origins, and unlike so many others, I’m not asking. It should really be nobody’s concern (except possibly for government employment forms), unless the people involved choose to share that information. Anything else sounds like a quota system and that’s wrong, whether it’s aiming for a number higher or lower than the current number – especially on employment issues where there may be legal concerns and you represent the city of Philadelphia.
Right now, I’m doing as you suggested and emailing you with the address you gave. If you didn’t notice on top, I’m also taking this moment to make sure you know this email is not private since I’m cc’ing your boss, Mayor Jim Kenney, because you called All Lives Matter (a phrase I never used) “nonsense.”
Thanks, but I don’t need you to put words in my mouth.
Mr. Mayor, Would you agree it’s “nonsense” that All Lives Matter, realizing I never brought up that phrase to Ms. Hikes?
Also, should your appointee be answering a constituent as a “black, queer woman” or as a public servant? If you do think she answered appropriately, then do you answer constituents as a “straight white male of Irish descent?”
Ms. Hikes, considering your statement it’s “nonsense” that All Lives Matter, please put in order the amount that these people’s lives matter (in general, not a specific person, and feel free to add any I may have forgotten, or combine any):
white
black
different race
male
female
different gender
lesbian
gay
bisexual
transgender
queer
questioning
intersex
allies
I don’t know about you but I think there is too much division in this country, and a lot of it comes from people treating their fellow Americans as less than them. But on the other hand, others like the ones you responded to cling to very, very specific classifications – and caused me to write.
Right now, our country is divided over so many personal issues. I think concentrating on very, very specific classifications for a job (or three specific jobs) – three of the four (Black, Latina, trans and woman) written by your Facebook friend in the comment, and brown written by you in your first reply to that person – adds to the divisiveness.
The LGBT community is already a minority of the population. Labeling more and more differences separates us, and makes us a tiny minority of a minority of the population. How many people will qualify if you add in religion, age and national origin (oh, and “lived experience”)?
All people are created in the image of God, and automatically entitled to equal human and civil rights. That should be practiced by everyone including the Office of LGBT Affairs for the City of Philadelphia.
Unfortunately, your biography on your city office’s website https://www.phila.gov/departments/office-of-lgbt-affairs/ says you set your “sights on fighting and advocating for the most vulnerable populations within the LGBTQ community—specifically youth, transgender people, and people of color.” I take that to mean not the LGBT community as in your city office’s title, but only certain subsets. Correct me if I’m wrong.
Then, a few paragraphs later: “Hikes believes in employing an intersectional lens in all aspects of community work.” Does that mean filtering people and deciding how worthy they are of the city’s help, using the words from your Facebook post above?
Remember, the top of the page which sounds like a job description reads, “City of Philadelphia Office of LGBT Affairs: Serving the LGBTQ residents of Philadelphia through advocacy and inclusion.” I take that to mean the city’s goal for the office. “The LGBTQ residents of Philadelphia,” from the city, sounds quite different than your quote, “most vulnerable populations within the LGBTQ community.” Again, correct me if I’m wrong with this distinction.
And does the city’s use of the word “inclusion” regarding the office you lead refer to all elements of the LGBTQ residents of Philadelphia or just the ones mentioned in your biography?
You know none of us chose the circumstances in which we were born, and Dr. Martin Luther King, Jr., famously said, “I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.” I spent years teaching that quote to elementary schoolchildren. I think that concise quote best describes what all of us should want for the future of the world, and these days can go beyond “the color of their skin.”
We, collectively, have vastly different experiences. Much of it is due, as I said, to the fact none of us chose the circumstances in which we were born. But then to read what you wrote last night, “that we need to see more black and brown trans women in leadership in our organizations,” has me questioning your devotion to all members of the LGBTQI+ community in your role as “executive director of the Office of LGBT Affairs for the City of Philadelphia … serving the LGBTQ residents of Philadelphia through advocacy and inclusion.”
As a city resident, homeowner, and taxpayer – as well as member of the LGBTQI+ community – I want to know how you represent me.
Am I wrong for asking?
Also, do you feel the demographic issue taking such a major role in the Mazzoni saga is turning moderates such as myself to the right, which would probably be the last thing you want politically?
Thank you in advance for your more thoughtful answers this time around.
Lenny Cohen
Philadelphia
I hope you thought the letter was well-written, informative and asked good questions. I don’t know whether Mayor Jim Kenney or his hand-picked executive director of the Office of LGBT Affairs for the City of Philadelphia, Amber Hikes, feel that way.
“There was a very vocal need for someone to be more outward-facing and more community-engagement-based.”
So Tuesday, I forwarded them this second email:
Ms. Hikes and Mr. Mayor,
Tomorrow will be one week since I wrote to both of you and I have not received any sort of answer, much less acknowledgement, to my questions and concerns from either of you.
Public servants need to be available to be effective, kind of like journalists. I’ve been one of those for a couple of decades.
Furthermore, I’m wondering if I’m the first person to ask you these questions because if not, then you could’ve probably given me canned answers you’ve already given others.
I plan to blog on this disgrace (at least so far) so thousands around the world know what I consider the craziness and favoritism that goes on in Philadelphia, and how my inquiry has been ignored (so far). It’s all unfortunate.
I’ll include your entire, unedited answers in my post tomorrow, especially from Ms. Hikes, who had time to immediately respond to her personal-but-public (but last I checked, private) Facebook account at odd hours last Tuesday, Nov. 20. I’ll also include my letter.
Please inform me. That shouldn’t be too hard for decision-makers with your titles and powers in such a big city, right? Even Gmail “nudged” me to follow-up, as if I needed to be reminded.
Lenny Cohen
Philadelphia citizen and taxpayer
I’m ashamed of the politics that goes on in this great city and sometimes ask myself why I don’t move just over the line, where there is no city wage tax that takes more money from paychecks than the state’s income tax does. Productive people don’t seem to be valued.
As for the Mazzoni Center, its volunteer board of directors is about to become a whole lot different. Five of the 17 will resign. According to PGN, the reason is lack of enough diversity among a board with this membership: “Five are women, six are people of color and eight are white men.”
Board president Chris Pope told the paper,
“Many of our legacy board members have served for 13 years, and now it’s time to make space for new faces, new voices and new perspectives. Diversifying our board has been a major focus for some time now and we are looking for prospective candidates that will bring a fresh outlook as we move the organization forward.”
We’ve been through Facebook. Yesterday, I wondered if Ms. Hikes had a Twitter account, and boy does she!
These were all her personal tweets. None of them were retweeted from somebody else. I’m going in chronological order, starting just over a year ago, and any underlining in red is mine. I chose words I think she should not have used, or used in the way she did. It’s unbecoming for someone in her role. At least I think so.
Hikes was actually PGN’s “Person of the Year” for last year! I hope the paper reviewed its reasoning. I think the “Creep of the Week” column it features in every issue would be more fitting now.Divisive: Is anybody left when you leave out men, white, cis, able-bodied, documented, straight, and economically-privileged? Read into that last category as you want.
“officially added black and brown stripes atop the city’s pride flag — making Philadelphia the first city to do so — to recognize people of color who had long felt excluded. … Hikes views the new flag as a way to start conversations about race and identity, particularly with white people who have not experienced the same disparate treatment as people of color — and may be reluctant to believe it exists.”
Talk about pettiness and simple-minded people separating themselves from others when they’re supposed to be coming together, uniting as one!
“found widespread reports of racial tension and discrimination in the neighborhood (the Gayborhood), which often touts its inclusivity. … The report noted that dress codes, ID policies, bar service and treatment of staff can vary depending on the patron or employee, which perpetuates discrimination.”
Because of that, it forced 11 bars and two nonprofits – the Mazzoni Center and Philadelphia FIGHT – to take part in fair business practice training within 90 days and implicit bias training within 120 days. Did places frequented mostly by straight people face the same requirements? Do you think those establishments, including neighboring ones, are any better?
“He was shocked to see the organization named in the report. He said he was skeptical about the thoroughness of the vetting process.
“‘Philadelphia FIGHT is probably one of the most diverse organizations in the city,’ Goode said. He called the organization’s CEO, Jane Shull, a champion of equality in the workplace. ‘I do not believe anyone could write that who investigated, who read the personnel plan, who knew what they were talking about.’”
Cover the top and just show your kids the colorful pictures. Somebody may have forgotten more and more members of the LGBTQI+ community are becoming parents.So high on herself! Can you find Hikes on the cover? Wonder why she doesn’t show herself gracing the cover in her tweet? #exaggerationhttps://www.philadelphiabar.org/page/ThePhiladelphiaLawyer
So citizens of Philadelphia: Do you think there is any more to this woman than vulgarity, divisiveness and unresponsiveness? Is this appropriate from one of our city leaders? Should Hikes be sent her walking papers?
(Click here if you don’t know who your district’s city council member is. You’ll see a map, where you can type in your address, and their name will come up.)
“a 23-member body that will advise the Mayor on policies that support the lives of LGBT individuals in the city and support and amplify the work of the Office of LGBT Affairs. … The members reflect the diversity of the LGBT community, which includes transgender, gay, lesbian, bisexual, and queer communities, as well as diversity in ethnicity, religion, race, gender, disability, profession, citizenship status, socioeconomic status, geography, housing status and age.”
Hikes, still the newly-appointed LGBT Affairs executive director back then, said,
“I look forward to serving with this vibrant team as we address the needs of our community and elevate the voices of our most underserved community members.”
“G Philly was sent documentation from the meeting that raised concerns surrounding Cooks’s social media interactions with members of one of the commission’s committees.
“‘The emergency meeting was basically centered around complaints that Commissioner Amanda Dougherty made about Sharron targeting her in various social media posts she made this past weekend,’ said a commissioner present during the meeting who asked not to be named. ‘Dougherty provided the commission with multiple screenshots of Facebook posts where Sharron indirectly called her out for being a white bisexual woman taking up space in the community affairs committee.’”
Sounds too much like Amber Hikes with social media. And President Trump.
Like the signing of the Declaration of Independence, there has to be another revolutionary change in leaders here in Philadelphia. Click here for directions on registering to vote.
If you like what you read here, subscribe with either your email address or WordPress account, and get a notice whenever I publish. Don’t rely on social media with its hacking issues and censoring like this, this and this. I’m also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen
I’ve known I had another blog post “due” before the election, if you know how I think, but too much on my mind and so much going on – personally and in the news – to actually do it.
After this morning’s attack in a Pittsburgh neighborhood where I have family and have been to several times, I did some reading and a lot of soul-searching before starting to write. I’m hoping others who I trust and posted thoughts will unknowingly help a lot.
Like many similar to me, I pretty much grew up supporting Democrats. Jews coming from overseas had no money and learned all about sacrificing for their children. That became a tradition. However, I give my mother a lot of credit for saying she never voted for Jimmy Carter.
“The ‘game’ of politics is no fun anymore. Discussing anything having to do with it used to be educating and entertaining, and sometimes enlightening, among friends and on social media. Not anymore. These days, it’s all for the kill.”
I ended it with two famous old sayings:
“If you are not a liberal at 25, you have no heart. If you are not a conservative at 35 you have no brain.”
and
“Jews earn like Episcopalians, and vote like Puerto Ricans.”
So let’s start this with someone who was able to sum up the past two days.
The worst anti-Semitic attack in U.S. history took place today just days after the largest attempted assassination of political leaders in U.S. history.
I dare any of you to try to be much more succinct than that.
I’ve considered myself a moderate for a long time, but may have been a bit more to the right lately. The reason is Democrats moving further to the left. It’s because they’re nominating young people who don’t know the history of this country and can’t explain international events. Then, there are those with experience who don’t have the guts to educate primary winners, but go ahead and pose in pictures like these.
Sen. Elizabeth Warren (D-MA) and Sen. Cory Booker (D-NJ)
I mean, with all the people Elizabeth Warren could’ve rallied with against now-Justice Brett Kavanaugh? And Sen. Booker should learn to read.
It makes me very angry they’ve made fools of themselves posing with people who hijacked causes, and I honestly wish didn’t exist. Forgive me. I felt their stupidity would cause moderates to vote for Republicans in the upcoming midterms. That’s still to be seen, but maybe today changed that.
I got up late and turned on the TV. I saw what was going on, made sure the family was OK, and posted these messages. I looked for the first graphic based on what I saw on TV.
You see my thoughts on both. Later, I compared the rest of the president’s day to an event from 46 years ago that too few people either knew or remembered. It has to do with caring and honoring victims.
Honestly, it seems the world doesn’t care when it comes to Jewish victims. The president didn’t go to Pittsburgh. Instead, he went to political rallies and got people all riled up.
This is what a CNN producer reported tonight.
Just now at the Trump campaign rally:
TRUMP: "If you don't mind, I'm gonna tone it down a little bit. Is that OK?"
And this is what that type of rhetoric can do in the middle of an average weekday, this week, when a reporter was about to go live on the air about the mail bombs.
But back to the main story, this is what a staff editor and writer with The New York Times opinion department wrote about her hometown.
Today my community joined the list of Jewish communities worldwide that have been terrorized by anti-Semites. But Squirrel Hill will continue to live by the values that the Jews have sustained for more than 2,000 years. They can never be gunned down.https://t.co/hrfEVy41bW
Apparently Mr. Fred Rogers, who preached to children about being a good neighbor, lived just three blocks away.
The president said armed security would’ve helped today. I don’t know how many American congregations of any faith have that, except possibly synagogues during the High Holidays. Maybe the president was just bringing up a political talking point.
(There’s also a new article, “Pittsburgh shooting may be ‘turning point’ for US Jewish security, says European leader.” It quotes a former president of a group of Belgian Jewish communities as saying relatively lax security at American synagogues “simultaneously impressed and worried me,” and “In Europe, the prospect of deadly expressions of anti-Semitism is a part of life that we grow up with.”)
We are “chosen” when it comes to extra security expenses, even at cemeteries, all over the world. Just do a search if you don’t believe that. Unfortunately, you’ll often find somebody did something within a week.
America is stronger than the acts of a depraved bigot and anti-semite.
All good Americans stand with the Jewish people to oppose acts of terror & share the horror, disgust & outrage over the massacre in Pittsburgh. We must unite against hatred & evil.
Of course, Ivanka Trump became Jewish. She and husband Jared Kushner have two sons and a daughter. Does her synagogue have armed security (and I’m talking about before they moved down to Washington, and when nobody from the family is there, nor anyone else requiring special protection)? By the way, I don’t think Mr. Trump went to either of his grandsons’ brises.
Here is another take on armed security, plus the video.
Let's be clear: Trump is sending the military to guard the border against unarmed desperate migrants (who are still in southern Mexico), but faced with domestic white supremacist terrorists, he suggests that places of worship hire their own armed guards. https://t.co/bs5Muqyxlo
I’d never heard of writer Judd Legum before doing research tonight, but he’d already done his research – posting several tweets, today alone, about President Trump and Jewish people. This should all be hard to believe, especially since the president has a Jewish daughter and grandchildren, and has been part of the New York real estate market for most of his life.
You’ll find his Twitter posts at @JuddLegum. I suggest you click and read, and predict you probably knew about several of these incidents and forgot several others. Also, I just subscribed to his new website, Popular Information. He calls it “News and perspective for people who give a damn” and I think it’s worth a look. (I’ve always believed in hearing both sides from believers, even if I disagree. Helps me understand the issue better.)
I will point out this one tweet out of many, and it happened this past week.
Majority Leader Kevin McCarthy posted this tweet AFTER a bomb was sent to Soros' house. Up until a couple of minutes ago it was pinned to the top of his profile. pic.twitter.com/FEeKoPolHL
“The Republican congressman from California tweeted a video of himself making the comments on Tuesday and temporarily pinned it to the top of his feed before deleting the Twitter post entirely.”
Then, there’s the Pennsylvania governor’s race coming up. This is from the incumbent, who is running for reelection.
Tonight Frances and I attended a vigil for the victims of the synagogue shooting in Pittsburgh.
Anti-Semitism has absolutely no place in our commonwealth. Together we pray for the victims, their families and friends, and this entire community. #StrongerThanHatepic.twitter.com/w5HiMGmdCh
We salute the bravery and swift response of local law enforcement in containing the suspect and we will suspend campaign activity today so we can continue to monitor the situation and provide whatever assistance is necessary.
Not once did he mention the victims were Jews, or that the victims were targeted for that reason. He didn’t call it what it was. Think it’s an important part of the story that a politician should mention?
while we’re on the subject of incendiary rhetoric, remember that the Republican Party’s nominee for governor of Pennsylvania made a video vowing to “stomp all over” the face of the Democratic governor with golf spikes https://t.co/7RPAvRIG7F
But CNBC’s John Harwood reminds us not to forget Scott Wagner’s judgment and thoughts of violence when it came to this TV ad, earlier this month. Like we would, since we already posted it! Wagner can’t blame anybody but himself, since nobody else appeared.
“Well, Governor Wolf. Let me tell you what. Between now and Nov. 6, you better put a catcher’s mask on your face, because I’m going to stomp all over your face with golf spikes.”
And this is Wagner responding to his comments without apologizing (“I shouldn’t have said what I said”).
You see what Louis Farrakhan posted on Oct. 16. It’s even a subject in my own congressional district’s race. (Pennsylvania just redistricted because of a gerrymandering lawsuit. The Democratic incumbent has represented a lot of suburbanites, but the district has become more urban and his support for Israel has diminished.)
They and many more of the minister’s comments are up on Twitter, which just admitted it didn’t follow its own safety guidelines when the mail bomb suspect’s tweets were reported to the company, weeks ago!
Zuckerberg apparently doesn’t realize hate groups start their anti-Semitic talking points by saying the Holocaust never happened.
He clarified with,
“I personally find Holocaust denial deeply offensive, and I absolutely didn’t intend to defend the intent of people who deny that.” Then, he “reiterated a distinction he tried to draw in the interview: Posts that advocate violence will be taken down, but those that peddle misinformation will stay but ‘would lose the vast majority of its distribution in News Feed.’”
Thanks a lot! But who knows how many times the Facebook algorithm changed since then?
GOOD FOR THEM! Walked by several times lately. Didn’t know opening was so soon. Monday, “#Philadelphia's Holocaust Memorial Plaza is reopening with a reimagined mission as a ‘living #classroom’ enhancing the study of the Holocaust with modern #technology.” https://t.co/9PGDT9rDbv
So after today, what do I think and who am who am I going to vote for? The voting part is easy where I live. I’m happy I don’t have to make a decision in the Florida governor’s race.
As for my thoughts, we’ll have to see. I don’t like either political party, nor how candidates have to choose between the two, or switch to have a better shot at winning or getting a leadership position. Pennsylvania Sen. Arlen Specter switched twice! People say they’ll never vote for a Democrat, or never vote for a Republican. They’re short-sighted because there are good and bad in both.
I stopped supporting HIAS (the Hebrew Immigrant Aid Society, but you won’t find that name on its homepage!) when it started trying to help everyone in the world, including many I believe have alternatives to coming to the U.S. (I mean, there are other countries, several good ones besides the others.)
I think every country has the right to defensible borders and can decide who gets in. Threat to life or threat of extreme persecution are two good reasons. I know a group practically nobody let in, 80 years ago, and we know how that ended.
But I wonder why so many Jewish groups feel the need to help when there are so many other issues going on here and in Israel. Why don’t they concentrate on feeding the hungry? It’s the conflict between liberalism (political correctness) and Judaism. Even Conservative synagogues (not politically conservative, but with a capital C) are adopting families new to the U.S. You can be a good neighbor without going overboard and probably alienating others.
Other groups that raise money to help elderly Jews in Russia should be trying to get them to Israel instead.
HIAS is a refugee resettlement organization that helped my parents and me when we immigrated to the US from the Soviet Union in 1980. https://t.co/MihVuz9eFl
I don’t know Bianna Golodryga’s circumstances, but her website doesn’t seem to have been updated in more than two years (except her current jobs in a logo at the top), and CBS’ says she’s fluent in Russian but her hometown is Houston.
Perhaps I should watch less cable news, even though I don’t watch a lot. Maybe even loosen my ties to social media. I’ve found myself reading interesting articles, some even sent to me by friends who knew I’d be interested. But I’ve also had success calling out some people commenting on friends’ sites, occasionally just for the fun!
Just like in the upcoming election, it’s about acting on something and changing behavior, rather than just waiting and seeing.
P.S. Speaking of changing behavior, why this Dallas sportscaster and commentator is voting for the first time in 46 years!
Please leave your comments in the section below, and don’t miss out. If you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. Don’t rely on social media with its hacking issues and censoring like this, this and this. I’m also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen
The “game” of politics is no fun anymore. Discussing anything having to do with it used to be educating and entertaining, and sometimes enlightening, among friends and on social media. Not anymore. These days, it’s all for the kill.
Saturday, NBC Nightly News showed skirmishes in New York and Portland, Oregon. As correspondent Matt Bradley put it,
“America’s political conversation is forgetting to use its inside voices.”
It included soundbites from former Attorney General Eric Holder (D, more here)…
and Pennsylvania gubernatorial candidate Scott Wagner (R, more here).
And this is Wagner responding to his comments without apologizing (“I shouldn’t have said what I said”) for what he said above.
“The president in no way, form or fashion has ever promoted or encouraged violence.”
(Video and subject matter will start at 35:15 in. Then, there are follow-up questions and Sanders actually says her quote at 38:21 in.)
Twice recently, Facebook friends who don’t even know each other have gotten into personal put-downs over issues in articles I posted.
Those experiences were new to me. I felt hurt and regret they happened among friends. Both happened earlier this month.
One of the combatants when I expressed disappointment over Nikki Haley’s resignation as United Nations ambassador had fighting words, but never really made a point. Later, after a lot of back-and-forth with another friend, he removed his comments.
I think Nikki Haley was our best ambassador at the United Nations since perhaps Jeane Kirkpatrick and Daniel Patrick Moynihan. Sadly, that’s going back.
Not everyone agrees with me, but at least one was able to make his point with facts, rather than name-calling.
For example, this is what Philadelphia Gay News publisher Mark Segal – no fan of Haley’s – wrote in his column, last week. (I underlined my favorite part and emailed to thank him for it as soon as I read it, especially considering his audience.)
So disagreeing peacefully – whether with words or in person – can be done, and a prominent activist proved it.
The upcoming midterms are, of course, “the most important election in our lifetime.” Ever heard that before? Kind of like “the storm of the century.” Not to be believed until it actually happens.
All 435 seats in the House of Representatives will be up for grabs, and so will more than a third of the Senate.
Wouldn’t it be nice if everyone voted, the better or best candidate (depending on the number running) wins, and all will be satisfied they had their say?
But unfortunately, it’s more than that.
Of course, it’s which of the parties gets (or keeps) the majority in the House and the Senate that really matters, and those damn parties – and their “machines” – just won’t shut the hell up among their members or in TV commercials.
Neither will others who campaign for politicians outside of where they live. Some are current politicians hoping to score points for advancement; former politicians hoping to stay relevant, or make money by selling books or giving speeches; and groups like political action committees, corporations, labor unions, and other associations allowed by the U.S. Supreme Court to give unlimited money to campaigns in 2010’s Citizens United v. Federal Election Commission case, lest their free speech right guaranteed by the First Amendment be compromised (as if they’re people).
A few days earlier on Facebook, I’d shown my disappointment that two senators worthy of respect felt the need to rally with a woman (Linda Sarsour) who comes as close to being the devil as any American.
Look Sarsour up. Research using sources you trust and believe. I’ll have a lot more to say in another post when I have more time, but leave you with these characteristics for now:
Her divisiveness.
A white woman Senator is talking about presumption of innocence that is never offered to Black men in America. You are watching white supremacy live on the Senate Floor. #SusanCollins#CancelKanavaugh
Senator Susan Collins is the mother & grandmother of white women in America who gave us a Donald Trump presidency. The 53%.
She is a disgrace & her legacy will be that she was a traitor to women and marginalized communities. History will not treat her kindly. #CancelKanavaugh
THIS. New York just sent some of the most progressive candidates EVER to the State Legislature unseating corporate democrats- establishment operatives are STUNNED. We like it like that. #NYPrimaries ✊🏽🙌🏽https://t.co/pTgWnvdqO6
Out of touch and seeking publicity when so many more people are being tortured, and infants killed, in so many other places. Think Syria. Think Iraq. Muslim vs. Muslim.
Israel is surrounded by dozens of Arab and Muslim countries. The circle includes Judea and Samaria (“The West Bank”), and the Gaza Strip.
And making sure the world knows you’re Brooklyn-born but aligned with a group of people who can’t make peace among each other, can’t make peace with other Arabs, can’t make peace with other Muslims, and turned down every attempt by Israel to make peace. Ask most American presidents who’s responsible for the problem between the parties in the region (especially President Bill Clinton) and they’ll tell you it has been and still to this day is Palestinians who support killings and pay terrorists, and who refuse to admit Israel is the world’s one Jewish country.
Not sure how this is possible, but I am feeling extra Palestinian right now. 🇵🇸🇵🇸🇵🇸🇵🇸🇵🇸🇵🇸🇵🇸🇵🇸🇵🇸🇵🇸
Every one of those tweets you saw above used Sarsour’s own words. None were complete retweets. And did you know she’s on the board of the Women’s March? Most of us are in favor of equality for all. It’s a goal, but we should not be supporting this organization with money, feet, or anything else. You have to know what they’re really about.
I was working the day of the 2017 Women’s March in Washington, after President Trump’s inauguration, and it disgusted me watching how Sarsour got up in front of the crowd and talked about the Middle East! I know that’s not what so many people came from so far to hear, so I urge you to be careful with who you support. Click here to see who’s in charge of that fringe group that’s trying to fit in. Don’t let it. Instead, speak up, vote and organize without having to answer for them.
FINALLY, BACK TO THE STORY: All but one person who put up an emoji or commented on my Facebook post about those senators making the mistake of being in the wrong place with the wrong people agreed with me. I was pleasantly surprised by very liberal friends who were among them! But one, a retired public defender, did not. I took down four of the more personal posts between her and someone who disagreed with her, and am not showing any comments from either Facebook post here. I hope both sides eventually thought about what the other said, like old times.
Speaking of old times, it used to be, being in the middle – an independent thinker not automatically taking sides – was a good thing. In news, we figured if we left both sides angry, we did our job fairly and kept both from abusing power.
Not anymore. It seems more and more Americans are blindly endorsing the extremes of one side or the other (which may or may not be true), and their targets are moderates who don’t agree with them 100 percent, and of course journalists.
That’s making more and more independent thinkers frustrated and shoots down some old sayings like,
“If you are not a liberal at 25, you have no heart. If you are not a conservative at 35 you have no brain.”
And sociographer Milton Himmelfarb’s,
“Jews earn like Episcopalians, and vote like Puerto Ricans.”
Not being a stereotype like in previous generations can be a good thing. In this day and age, it should keep those on the extremes from saying things that are too controversial. We just have to let them know.
Please leave your comments in the section below, and don’t miss out. If you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. Don’t rely on social media with its hacking issues and censoring like this, this and this. I’m also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen
I try not to go more than a week without posting something. Unfortunately, it has been 11 days dues to holidays that won’t be letting up anytime soon, and also my IT support specialist classes. (Last night, I finished Course 2, Week 1, out of 5 courses.)
I just don’t like blogs that give a sentence or two without any thought. They’re a waste of time and I’d be embarrassed to post with my name, so I tend to put them on social media. (You can see my last 20 my Twitter posts from @feedbaylenny right here on this site and visit it to see the whole thing. It’s not private. My last blog post, from 11 days ago, is down to #17 which shows I use it a lot.)
And I hate blogs that haven’t been touched in years. Yes, they exist!
Regular readers and those who know me know I tend to be moderate. In the middle, politically.
I’m putting this post out there because of a discussion on my Facebook page over Eric Trump’s shekels comment and the Washington Post article near the top of it. I expected some support. Any support.
So let me explain to a wider audience:
The #WalkAway movement (walking away from the Democratic Party) became organized because its founder said so much of the left had gotten
There are a variety of reasons for not supporting the Democratic Party. It’s turning more to the left, engaging with extremist groups on that side, welcoming more anti-Israel activists, and it unfairly helped Hillary Clinton beat Bernie Sanders in the 2016 primaries. (I’m referring to disliking the unfair help and not referring to Sen. Sanders. I think my first and next-to-last reasons explain enough.)
But that doesn’t automatically mean conservatism is the answer. You can be conservative on some issues and not others. Ask yourself whether a man married three times with a mouth like his can be considered conservative in most uses of the term.
Check out who goes to his rallies. Look closer and see the staging: Always at least one black person and don’t forget getting rid of the “plaid shirt guy”, last week – actually a 17-year-old high school senior.
Tyler Linfesty changed his Twitter profile picture to show his now-famous eyebrow raise!
It definitely doesn’t make President Trump the cure for the far left, and certainly not members of his family who are only part of this discussion because they were the lucky sperm.
Trump has done some good things, arguably the best president dealing with the Middle East, but he’s not perfect there. (Don’t tell me politics has no part in his actions and comments, as he gains Evangelical and some Jewish support.)
Luckily, he says there should be no question between right and wrong when it comes to terrorists and their supporters, unlike certain Democrats. (See Sarsour, Linda.)
“the political party of Palestinian Authority President Mahmoud Abbas (Fattah) apparently (thinking) the day is the perfect time to mock the US’ current president with tasteless cartoons that dishonor the solemnity of the day and the thousands of lives affected by the brutal attacks.”
Think they’re right? Who can forget Palestinians celebrating 17 years ago when they couldn’tblame Donald Trump?
Trump has made some bad policy decisions (civil rights, labor unions), said some very bad things (Sen. John McCain, daily lies and exaggerations, calling the media the enemy), and been involved in some bad behavior (Michael Cohen, Stormy Daniels). Plus, he needs a turnstile for his administration officials because of his management style and it seems he gets to political professionals so much, that they suddenly can’t keep secrets anymore!
To sum up Donald Trump, he does not take people and make them better.
He has huge personal issues, possibly more than any other president, that have influenced his two older sons over the decades. That, and their wealth and fame, guide them. They may be New Yorkers, and live in close proximity to many of us Jewish people, but they are not us and obviously haven’t been influenced by us.
To be fair, I have to add, a Trump-supporting cousin added to the Facebook exchange above shortly before publishing, saying his father Fred was good to Jews and best friends with a rabbi. To quote, “This family has been surrounded by Jews, who basically run the real estate business in NY.”
My response was basically that he suffered from Alzheimer’s disease since his grandsons weren’t even teenagers, so there couldn’t have been much influence. According to Wikipedia, “(Fred) Trump supported Jewish and Israeli causes and institutions, including donating the land for the Beach Haven Jewish Center in Flatbush, New York. He significantly supported Israel Bonds” and other non-Jewish charities. He knew about being of German ancestry and having Jewish tenants, postwar, and we both know the world and people’s behaviors have changed over all this time. I ended by saying I wouldn’t compare Donald to his father, and the grandsons are even more different. (Fred loaned Donald $1 million but kept his business in Brooklyn and Queens. “It was good for me,” Donald later commented. “You know, being the son of somebody, it could have been competition to me. This way, I got Manhattan all to myself.”) That’s not such an appealing quote to me.
In fact, I doubt the young Trumps would admit to being influenced by anybody but their father and revered grandfather, through stories told about him. Eric Trump using a Jewish term in response to Bob Woodward (not Jewish) making money selling a book makes absolutely no sense, and there’s no connection except that it’s a Jewish stereotype. Conservatives try not to label people but this Trump generation tends to.
So let’s look at Eric Trump.
He and his brother, Donald Jr., like hunting. They sure didn’t get that from us!
“On a wild game hunting trip in Zimbabwe in 2011 … the Trump sons reportedly killed a number of exotic animals, including an elephant, crocodile, kudu, civet cat and waterbuck.”
Eric is an executive at the Trump Organization and was a boardroom judge on The Apprentice. See any daddy influence with either?
He likes his name on things like the Eric Trump Foundation (AKA The Curetivity Foundation. Why would it need an alternate name?), and the Eric Trump Foundation Surgery & ICU Center in the Kay Research and Care Center on the St. Jude Children’s Research Hospital campus in Memphis. Great charity, but I wonder who the influence was. Maybe his mom? Keep reading and please, don’t name anything after me until I’m dead. Or a little less humble.
According to Wikipedia, The Curetivity Foundation’s 2016 tax return shows contributions almost doubling from $1.8 million in 2015 to $3.2 million in 2016, when his father ran for president. (To the younger Trump’s credit, he announced in December, 2016, he’d stop active fundraising for it to avoid speculation donors were using him to gain access to his father, the soon-to-be president.)
The foundation gave about $3 million to St. Jude and other charities but also paid $145,000 to for-profit properties owned by the Trump family. Peanuts (or shekels) for some, but nobody I know personally. That shows how rare such wealth is.
“The best part about all this, according to Eric Trump, is the charity’s efficiency: Because he can get his family’s golf course (Trump National Westchester) for free and have most of the other costs donated, virtually all the money contributed will go toward helping kids with cancer. ‘We get to use our assets 100% free of charge,’ Trump tells Forbes.”
However, “That’s not the case,” according to Forbes. “It’s clear that the course wasn’t free.”
The magazine reported,
“The Trump Organization received payments for its use, part of more than $1.2 million that has no documented recipients past the Trump Organization. Golf charity experts say the listed expenses defy any reasonable cost justification for a one-day golf tournament.”
Also, the Donald J. Trump Foundation
“apparently used the Eric Trump Foundation to funnel $100,000 in donations into revenue for the Trump Organization. … More than $500,000 was re-donated to other charities, many of which were connected to Trump family members or interests, including at least four groups that subsequently paid to hold golf tournaments at Trump courses.”
Worse, Forbes said,
“The president was never known for giving his foundation much money, and from 2009 to 2014, he didn’t give it anything at all.”
Why can’t one family have one foundation? Do the Trumps disagree so much on donations? Couldn’t they save on accounting bills?
And the clincher, according to Forbes, is
“All of this seems to defy federal tax rules and state laws that ban self-dealing and misleading donors.” And, “The person who specifically commanded that the for-profit Trump Organization start billing hundreds of thousands of dollars to the nonprofit Eric Trump Foundation, according to two people directly involved, was none other than the current president of the United States, Donald Trump.”
The article has a lot more details, including, 1. Why the price of the tournament suddenly tripled in 2011, from $46,000 to $142,000, according to the foundation’s IRS filings. Also, 2. Golf tournament costs escalating “to $230,000 in 2013, $242,000 in 2014 and finally $322,000 in 2015 … according to IRS filings.” Plus, 3. This quote attributed to the president:
“I don’t care if it’s my son or not–everybody gets billed.”
You didn’t know any of this before? Neither did I, and I would’ve probably remembered. Besides, the story got picked up by ABC News, CNBC and Business Insider.
There must’ve been a lot of other news going on at the time for this to be buried. Did anyone keep the newspaper from Wednesday, June 7, 2017?
Looking at the big picture, the world is a tough place. So is Washington, but Americans need to give the office of the president and the people who holds that title support during his term (no, not on every issue!). Then, we can reevaluate in about two years.
As for Congress, I have personal questions over whether to support the better candidate if he or she is a Republican, as I believe in my newly-drawn district, since all of Pennsylvania was redrawn due to gerrymandering. That would hurt the chance of getting at least one house of Congress out of Republican control, which could lead to more fair discussions and debates. But it’ll never happen in Philadelphia, and that’ll have to wait for another time.
So for now, I hope you’re safe if you’re in the path of Hurricane Florence!
The best picture I saw is one guy’s painting on a wall, “Hey Flo… Kiss my grits!” Notice it uses both the storm’s name and southern location in terms of food.
Waffle House even posted it on Twitter. (Click here if you don’t know the importance of that regional restaurant chain during storms.)
And of course, we can’t forget Flo on the TV show Alice!
And a special thank you to everyone who visits this site and reads, except certain lawyers, but that may be an eye-opening discussion with full names, evidence and legal documents fully exposed. That can’t happen until next month.Luckily, I’ve learned not to dwell on certain things and hopefully it won’t come to that, but it’s not up to me. As they say in legalese, “Plaintiff has exhausted his administrative remedies.”
You’ve added 300 page views in the past 11 days and while the Sept. 3 post was one of my better ones, if I can say so, I know not all the traffic came from there. So please continue looking through and comment below any article. Remember, I can use some support after that Facebook post above! Also check comments on posts that interest you, since I’m always updating there!
Again, please leave your comments in the section below, and don’t miss out. If you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. I’m also available for writing/web contract work.
There are just 69 days until the midterm elections (for those of you who really explored all around this all-around great blog to see what’s new and what it has offered for so long, like relevant countdowns) and Florida held its primary yesterday. The ballot was packed and perhaps the biggest race was for Democratic nomination for governor.
Mayor Andrew Gillum (D) defeated former Rep. Gwen Graham (D)
According to the Sun-Sentinel, Andrew Gillum defeated Gwen Graham for the Democratic gubernatorial nomination. It was an upset for the 39-year-old Gillum, who has been mayor of state capital Tallahassee for the past four years. He beat Graham, a former congresswoman who had name recognition all over the Sunshine State as daughter of former U.S. senator and Florida Gov. Bob Graham. Gillum could now become the first black Florida governor ever.
Rep. Ron DeSantis (R) beat Comm. Adam Putnam (R)
I’ve written about the Republican side before, here and here. Congressman Ron DeSantis beat state Agriculture and Consumer Affairs Commissioner Adam Putnam by a wide margin. Things to note: DeSantis – a military man (Navy) and also 39, coincidentally – has President Donald Trump’s support; DeSantis appeared on Fox News many times while Putnam wasn’t given chances to be seen by Florida Republicans before the primary, except for a debate; DeSantis’ job as congressman has had him in Washington as chairman of the National Security subcommittee and member of committees on foreign affairs, the judiciary, and oversight and government reform; while Putnam was already in Tallahassee dealing with Florida issues.
Big Election Wins last night! The Republican Party will MAKE AMERICA GREAT AGAIN! Actually, it is happening faster than anybody thought possible! It is morphing into KEEP AMERICA GREAT!
What’s not unusual is that DeSantis said on Fox News (again) how well Gillum performs in debates, but that he has far-left views and problems governing Tallahassee – and how the state needs to continue building off its success of the past eight years.
What’s unusual is the way he put it, in this 45-second clip:
“The last thing we need to do is to monkey this up by trying to embrace a socialist agenda with huge tax increases and bankrupting the state.” – Rep. Ron DeSantis
Later, Fox News returned with a clarification from DeSantis’ campaign and also an apology.
This afternoon, on Fox with Shepard Smith, Gillum accused DeSantis of
“taking a page directly from the campaign manual of Donald Trump”
and said he believes Florida voters are “sick” of the division from DeSantis.
Gillum also said,
“Well, in the handbook of Donald Trump, they no longer do (racist) whistle calls. They are now using full bullhorns.”
For his part, President Trump said he didn’t hear the remark.
“I believe that Florida and its rich diversity are going to be looking for a governor who’s going to bring us together. Not divide us. Not misogynists. Not racists,” Andrew Gillum said after Ron DeSantis warned Floridians not to “monkey this up” by voting for his black opponent. pic.twitter.com/UogaVORFWG
There’s no excuse for what DeSantis said, whether racial or not, and I’m not making that claim. I will say it was pretty dumb.
You would expect DeSantis – whose House biography website says he graduated magna cum laude from Yale, graduated with honors from Harvard Law School, earned a commission as a JAG officer in the Navy, and deployed to Iraq during the 2007 troop surge as an adviser to a U.S. Navy SEAL commander in support of the SEAL mission in Iraq and also served at the terrorist detention center at Guantanamo Bay, Cuba – would be more disciplined.
DeSantis – a lieutenant commander in the reserve component of the Navy who has won the Bronze Star Medal (meritorious service), the Navy and Marine Corps Commendation Medal (gold star in lieu of second award), the Navy and Marine Corps Achievement Medal, and the Iraq Campaign Medal – must not have been aware of the TV show that starred his supporter Trump’s big supporter Roseanne Barr.
ABC and its parent company, Disney, quickly pulled the plug on the new, highly-anticipated Roseanne after Barr wrote a series of derogatory tweets. One equated President Obama’s adviser Valerie Jarrett to an ape.
ABC
ABC Entertainment cancels Roseanne Barr's show, calling her comment on Twitter "abhorrent, repugnant and inconsistent with our values." https://t.co/2HJA1onFiw [Corrects link] pic.twitter.com/XEdNA8RLft
Most of the cast and support staff publicly condemned Barr and quit the show. She lost a lot of entertainment industry friends.
Roseanne’s recent comments about Valerie Jarrett, and so much more, are abhorrent and do not reflect the beliefs of our cast and crew or anyone associated with our show. I am disappointed in her actions to say the least.
This is incredibly sad and difficult for all of us, as we’ve created a show that we believe in, are proud of, and that audiences love— one that is separate and apart from the opinions and words of one cast member.
Bob Iger of ABC called Valerie Jarrett to let her know that “ABC does not tolerate comments like those” made by Roseanne Barr. Gee, he never called President Donald J. Trump to apologize for the HORRIBLE statements made and said about me on ABC. Maybe I just didn’t get the call?
Wow amazing. Congrats @therealroseanne. If you’re not too busy already maybe work in a late night show too… seems there’s some demand for an alternate viewpoint. #Rosannehttps://t.co/JNaLjxS0fs
Since then, ABC picked up a spin-off called The Connors that’ll focus on the rest of the family.
Yesterday, TVLine confirmed grandkids Emma Kenney (Harris), Ames McNamara (Mark) and Jayden Rey (DJ’s daughter Mary) agreed to be series regulars. It’ll be a promotion for Rey, who had been just a recurring guest star.
They follow Goodman (Dan), Sara Gilbert (Darlene), Laurie Metcalf (Jackie), Lecy Goranson (Becky) and Michael Fishman (DJ), who will also be returning in October.
According to CNN, Goodman seemed to either confirm or speculate the rumor the new show would kill off Barr’s character could be true.
“I guess he’ll be mopey and sad because his wife’s dead,”
Goodman guessed about his own character’s future.
Roseanne has reportedly settled with and separated from ABC, and now has her own YouTube show.
THIS IS WHAT YOU GET TO DO when you own your show. You're not a production company's employee or at the whim of a network. Think @Oprah. #RoseanneBarr's son says guests include fmr campaign manager Thomas Muhammad, who is black & Muslim. #entrepreneurshiphttps://t.co/oCpr6BFBzR
Gov. Rick Scott (R) will try to knock off incumbent Sen. Bill Nelson (D) in November
Two-term Gov. Rick Scott easily won the Republican primary for U.S. Senate. He’ll face three-term incumbent Sen. Bill Nelson, who ran unopposed in the Democratic primary. Wikipedia notes Nelson is the only Democratic statewide elected official in Florida.
Also, Donna Shalala, 77, won her Democratic primary for Congress in the 27th District to replace retiring Rep. Ileana Ros-Lehtinen (R). Shalala was President Bill Clinton’s Secretary of Health and Human Services for eight years and then president of the University of Miami for 14. Notably, the Miami Herald wrote Shalala
“knows how to ‘win friends and influence people’ — and raise money. All vital skills.”
But at the same time, it said she’s too close to
“the establishment political machine” and her “long-time friend Hillary Clinton(’s)” … “sometimes maligned foundation hired Shalala after she left UM.”
“88 acres of critically endangered Miami pine rocklands”
to a Palm Beach County-based developer
“for $22 million — a complete steal for the developer in light of the relative worth of nearby property.”
Now,
“One of the last shreds of an ecosystem that does not exist anywhere else on Earth will soon become an apartment complex with a Chili’s, LA Fitness, and Walmart attached.”
Instead of endorsing Shalala, who The New Times wrote
“hopes to paint herself as a progressive, environmentally conscious Democrat,”
The Herald endorsed state Rep. David Richardson.
It said, among other good things, Richardson “made an impact … as a Democrat outnumbered in the Republican-majority state House .. reforming Florida’s broken prison system.”
Too bad Florida Democrats didn’t agree.
Please leave your comments in the section below, and don’t miss out. If you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. I’m also available for writing/web contract work.
It’s either coincidence, karma or a higher power when things come together in ways previously thought impossible.
This weekend, Jewish people around the world read the Torah portion Shofetim (שֹׁפְטִים, or “Judges,” comprising Deuteronomy 16:18–21:9).
The best-known line in it is the third, “Justice, justice shall you pursue” (צֶ֥דֶק צֶ֖דֶק תִּרְדֹּ֑ף, Deut. 16:20).
Shofetim also happens to be the Torah portion from my bar mitzvah and it’s interesting that it’s coming up this week because an article in Axios yesterday said,
“It looks like one of the seven deadly sins – greediness – may have killed the (merger) deal!”?
Yesterday, Axios wrote,
“The conservative broadcaster has been accused of lying to the FCC, and of acting in bad faith with Tribune.”
There’s not much a huge corporation can do to anger the Federal Communications Commission these days – if it follows the rules, which get eased all the time – but lying is its one big crime.
“force Sinclair to sell off a bunch of stations because it’ll be (way, way, way) too big.”
And that was the crux of the problem: ownership limits and which stations would be sold off. Oh, and would the companies buying really be associated with Sinclair and let Sinclair control the stations?
“Based on a thorough review of the record, I have serious concerns about the Sinclair-Tribune transaction. … The evidence we’ve received suggests that certain station divestitures that have been proposed to the FCC would allow Sinclair to control those stations in practice, even if not in name, in violation of the law. … When the FCC confronts disputed issues like these, the Communications Act does not allow it to approve a transaction. Instead, the law requires the FCC to designate the transaction for a hearing in order to get to the bottom of those disputed issues.”
That was a huge surprise and the turning point in the drawn-out deal.
“FCC Chairman Ajit Pai, an appointee of President Donald J. Trump who has been viewed as friendly to Sinclair and such a merger, raised ‘serious concerns’ Monday about whether the deal would serve the public interest.”
Ah, the public interest! It’s always nice to hear about that, since we’re talking about use of the public airwaves.
I quoted TVNewsCheck’s Harry A. Jessell on the seriousness of what Sinclair had actually been doing pretty quietly doing for years:
“Its mishandling of its merger application has badly stained its permanent FCC record in a way that could greatly complicate its future regulatory dealings. … And a liar is what the FCC has accused Sinclair of being by obfuscating the fact it would continue to control three major market stations that it told the FCC it would spin off to other broadcasters to comply with ownership limits.
Sinclair’s reach. Large enough?
“You see, the FCC acts on the honor system. It presumes that you are obeying all the rules and expects you to confess any infractions. It’s the principal way the FCC polices those it regulates. That’s why lying – the ever-polite FCC calls it “misrepresentation” or “lack of candor” – is taken seriously and is the FCC equivalent of a capital crime. … As the lawyers pointed out to me this week, once indicted for misrepresentation as Sinclair has now been, it sticks because it goes to the broadcaster’s basic character qualifications to be a licensee. It cannot buy or sell a station or even renew a license until it resolves the character question. Sinclair’s best move now is to walk away from the merger and promise, no, swear on a stack of Bibles, that it will never, ever mislead the FCC again.
“Sinclair has no one but itself to blame for this fiasco. It pushed too hard to keep as many of the Tribune stations as it could and somewhere along the line lost sight of the larger goal – get the transfer through the FCC and get to closing. … (David Smith) kept going back to the FCC (and the Justice Department) demanding more and more. Ironically, he will likely end up with nothing, except maybe a new set of regulatory hassles.”
— UPDATE: Sinclair counter-suing Tribune, accusing its onetime takeover target of a “deliberate effort to exploit and capitalize on an unfavorable and unexpected reaction from the FCC to capture a windfall.” —
“We have been completely transparent about every aspect of the proposed transaction.”
One thing Sinclair failed to do after telling the FCC it was withdrawing the deal was asking the administrative law judge, who FCC commissioners unanimously recommended look into Sinclair’s representations during the Tribune negotiations, to end his planned hearing. The FCC’s Enforcement Bureau said it had no problem if the hearing was terminated.
“Although Sinclair’s pleading states that the applications ‘have been withdrawn’ and are to be dismissed with prejudice, it fails to specifically seek such relief from the Chief Administrative Law Judge.”
B&C added,
“That’s because the licenses are now before him, rather than the FCC staffers who had been vetting them before the hearing designation.”
This is a world of bigger and bigger broadcasting companies – in part because of competition from cable, satellite and the internet – but as I’ve said about a million times, the broadcasters have special responsibilities since they use the public airways. And they need a tougher FCC to keep them, and the newer companies, in line.
On the other hand, Axios quoted Dennis Wharton, executive vice president of communications for the National Association of Broadcasters as saying,
“Scale matters when we are competing against massive pay TV conglomerates, Facebook, Apple and Netflix. If you want a healthy broadcast business that keeps the Super Bowl on free TV, that encourages local investigative journalism and allows stations to go 24-7 live with California wildfire coverage, broadcasters can’t be the only media barred from getting bigger.”
The FCC is still determining whether to raise the limits on TV station ownership above 39 percent. Most experts told Axios they
“believe that cap will be lifted above 50 percent, but they don’t know what the exact limit will be, or when it will be passed and implemented.”
Anyway, the FCC has taken away broadcast licenses before. I wrote about the RKO General situation all over the country, and also allegations of impropriety in the granting of a Boston television license.
According to experts Axios spoke to, Sinclair’s first batch of licenses comes up for renewal in June 2020. (Look for more activist challenges then.)
They also
“describe Sinclair as a ‘hard headed’ company that rarely engages with D.C. and which recently lost its top lobbyist.”
That description should come as no surprise to any regular reader of this blog.
So for now, there’s no deal, but a lawsuit, between Sinclair and Tribune.
“can be reviewed by an administrative law judge during a license renewal hearing, were the FCC to recommend such a hearing (which may be likely, given FCC’s concerns and Sinclair’s many outside critics),”
according to Axios.
The judge could revoke Sinclair’s licenses outright, which would teach the industry and its investors a big, important lesson. But a telecom lawyer Axios spoke to said,
“A more likely scenario … is that the FCC would reach a settlement whereby Sinclair is required to divest stations.”
My opinion: Crush them or cut them down to size, but at least do something.
One last note is that Sinclair is going to have trouble finding another merger partner due to its potential license renewal issues, but also because Tribune’s lawsuit accused the company of being “belligerent.” It’s what happens when you’re too big.
Now to the Tribune side, where there is less justice.
“bonuses to executives who worked for more than 15 months on its failed merger.”
You’d think they’d be in line for bonuses after a successful merger!
How big are these bonuses? Reuters reported the company said,
“16 percent of target annual bonuses, which had been conditioned on completion of the Sinclair merger.” (I underlined. –Lenny)
Are you hearing this, shareholders?
This is what it adds up to. Three top executives – chief financial officer Chandler Bigelow, president of broadcast media Larry Wert, and general counsel and chief strategy officer Edward Lazarus – will be getting
“between $102,000 and $160,000. Other executives will get bonuses based on a similar percentage of their targeted annual bonuses.”
Why?
“In recognition of the substantial efforts and time that each of them devoted to the company’s anticipated merger with Sinclair and their contributions to maintain and grow the company’s business,”
according to the company.
That’s if the company was actually spending money to “maintain and grow” the business which is doubtful because companies in the process of being bought are cheap, not replacing employees or equipment so the financial sheets look better.
And what about all the employees who were encouraged to work under harder conditions and so much uncertainty for so long?
That’s the world, these days, kids.
Reuters also mentioned,
“Last week, Tribune Media Chief Executive Officer Peter Kern told investors it (was) ‘open to all opportunities’ in terms of industry consolidation or remaining independent. He noted on an investor call there was ‘tons of activity out there.’
“Kern said he would continue to run the company until Tribune reached a ‘permanent state.’”
“reached a comprehensive agreement with Fox Broadcasting Company to renew the existing Fox affiliations of eight Tribune Media television stations, including KCPQ-TV (Seattle), KDVR-TV (Denver), WJW-TV (Cleveland), KTVI-TV (St. Louis), WDAF-TV (Kansas City), KSTU-TV (Salt Lake City), WITI-TV (Milwaukee), WGHP-TV (Greensboro, NC). Terms of the agreement were not disclosed.”
But knowing Fox is selling most of its assets to Disney/ABC and looking for more stations to buy, especially those in NFL football team markets, I’d consider Tribune a seller rather than a buyer.
“Recall that just prior to the announcement of the Sinclair deal, Fox tried to swoop in and buy Tribune out from underneath Sinclair. It coveted some of Tribune’s stations and it feared Sinclair becoming too big an affiliate group for it to push around.”
I’d also consider telling the FCC not to let Fox buy any of those eight stations, except Seattle, because it owned them at one point and sold them when it made sense for the company. In other words, it showed no commitment to the communities or their people. Companies shouldn’t be allowed to sell unneeded stations and then buy them back when they feel they’ll make more money.
Besides Fox, which could face ownership limits, Jessell pointed to Soo Kim’s new Standard Media, which was going to buy nine Tribune stations in seven cities, and Nexstar as potential buyers.
Jessell also mentions there are a lot more stations on the market now than two years ago.
“Not in the entire history of broadcasting, with the possible of RKO, has a major company so thoroughly managed to trap itself in such a regulatory and legal morass. …
“If Executive Chairman David Smith did not control the board, he would be thrown out for directing this debacle and hobbling the company at a critical time for it and the industry. It will be interesting to see who is made the scapegoat. …
“Sinclair can continue to churn out cash, but, from a strategic standpoint in broadcasting, is indefinitely sidelined. Until it resolves the alleged character issues at the FCC, it cannot buy a broadcast license. It can’t even renew one.
“Sinclair’s challenge today is to start digging out — and it’s going to be costly. First it must settle with Tribune. And then it has to return to the good graces of the FCC.” …
Also, “The Sinclair independent shareholders (could) file a lawsuit against Smith and his team for gross mismanagement.” …
And, “Indeed, Sinclair did everything wrong, allowing arrogance and self-righteousness to overcome its good sense at every turn.”
I think a lot of justice is what’s needed here, and soon.
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It’s a great day in broadcasting, or as great as things can get in this day and age. There will be no merger between Sinclair Broadcast Group and Tribune Media.
“terminated its $3.9 billion merger agreement with Sinclair Broadcasting and that it has filed a lawsuit for breach of contract.”
— UPDATE: Sinclair counter-suing Tribune, accusing its onetime takeover target of a “deliberate effort to exploit and capitalize on an unfavorable and unexpected reaction from the FCC to capture a windfall.” —
Tribune sued in Delaware Chancery Court. It’s asking for “approximately $1 billion of lost premium to Tribune’s stockholders and additional damages in an amount to be proven at trial,” according to TVNewsCheck.
The first sign of trouble from the Federal Communications Commission, other than delays, came last month. It was a surprise, considering how the FCC greased the wheels for the takeover, whether on purpose or not. (That’s under investigation.)
— UPDATE: The FCC inspector general cleared Chairman Ajit Pai of being unfairly biased in favor of the Sinclair Broadcast Group–Tribune Media merger. —
TVNewsCheck continued,
“Tribune claimed that Sinclair used ‘unnecessarily aggressive and protracted negotiations’ with the Department of Justice and the FCC over regulatory requirements and that it refused to sell the stations it needed to in order for regulatory approval.”
In the filing, Tribune said:
“Beginning in November 2017, DOJ repeatedly told Sinclair that it would clear the merger if Sinclair simply agreed to sell stations in the 10 markets the parties had identified in the merger agreement. DOJ’s message to Sinclair could not have been clearer: if Sinclair agreed to sales in those 10 markets, ‘We would be done.’”
That’s what happens when you get into business with a company like Sinclair. I’ve written plenty about it and its top officials, including those who inherited the company.
“Even better, it looks like one of the seven deadly sins – greediness – may have killed the deal!”
The deal, while complex and controversial, should not have been a problem.
The biggest hurdle was supposed to be national ownership rules, but ironically, the FCC took care of that just weeks before the deal’s May 2017 announcement.
“Broadcasters may own stations that reach 39 percent of U.S. households – but how that audience is measured has been in dispute. Last year, the FCC’s Republican majority reinstated a measure that treats ultra-high-frequency or UHF band stations as counting for just half of their lower-frequency counterparts, enabling broadcasters to own more stations and enjoy greater reach.”
Democrats had gotten rid of the so-called UHF discount the year before, since it started way back at a time when there where major reception differences between VHF and UHF stations on your television dial.
Ajit Pai (Wikipedia)
“FCC Chairman Ajit Pai, a Republican appointed by President Donald Trump,” is even under investigation by his own agency’s inspector general because of the timing of the reinstatement and whether it was done for Sinclair.
“Sinclair was proposing to control 233 stations in 108 markets, adding 42 Tribune stations to their current roster.”
Sinclair’s reach, without Tribune
That would’ve included the nation’s biggest TV markets where Sinclair has no presence, like New York, Los Angeles, Chicago and Philadelphia.
But there was a lot of pushback from public interest groups fighting for smaller companies and localism, and against micromanaging the largest group of stations in the country.
The Fake News Networks, those that knowingly have a sick and biased AGENDA, are worried about the competition and quality of Sinclair Broadcast. The “Fakers” at CNN, NBC, ABC & CBS have done so much dishonest reporting that they should only be allowed to get awards for fiction!
So sad and unfair that the FCC wouldn’t approve the Sinclair Broadcast merger with Tribune. This would have been a great and much needed Conservative voice for and of the People. Liberal Fake News NBC and Comcast gets approved, much bigger, but not Sinclair. Disgraceful!
They were joined by Democrats concerned Sinclair would give even more stations its conservative bent. Sinclair requires so-called must-runs, including airing commentaries by one of President Trump’s former communications spokespersons, Boris Epshteyn. The company also forced anchors at their stations to read a message that parroted President Trump’s talking points about the media.
And President Trump’s son-in-law and advisor Jared Kushner said Sinclair executives worked with the campaign to spread pro-Trump messages in Sinclair newscasts when he was running against Hillary Clinton, which Sinclair vehemently denied.
Plus, conservative media outlets were afraid Sinclair would get in the game and interfere with their efforts to compete with Fox News. And all the time passing didn’t help Sinclair’s case.
“Pai suggested Sinclair would sell but still operate those stations, which is illegal. The FCC then sent the deal for review by an administrative law judge.”
“Sinclair’s material breaches were willful breaches of the merger agreement, because they were deliberate acts and deliberate failures to act that were taken with the actual knowledge that they would or would reasonably be expected to result in or constitute a material breach.
“As a result of Sinclair’s breaches, Tribune has sustained financial harm and has lost the expected benefits of the merger agreement.”
As I wrote here on July 27, “Tribune can leave Sinclair at the alter/chuppah on Aug. 8.” That was yesterday.
“Tribune Media Company today announced that it has terminated its merger agreement (the ‘Merger Agreement’) with Sinclair Broadcast Group, Inc. (‘Sinclair’), and that it has filed a lawsuit in the Delaware Chancery Court against Sinclair for breach of contract. The lawsuit seeks compensation for all losses incurred as a result of Sinclair’s material breaches of the Merger Agreement.
“In the Merger Agreement, Sinclair committed to use its reasonable best efforts to obtain regulatory approval as promptly as possible, including agreeing in advance to divest stations in certain markets as necessary or advisable for regulatory approval. Instead, in an effort to maintain control over stations it was obligated to sell, Sinclair engaged in unnecessarily aggressive and protracted negotiations with the Department of Justice and the Federal Communications Commission (the ‘FCC’) over regulatory requirements, refused to sell stations in the markets as required to obtain approval, and proposed aggressive divestment structures and related-party sales that were either rejected outright or posed a high risk of rejection and delay—all in derogation of Sinclair’s contractual obligations. Ultimately, the FCC concluded unanimously that Sinclair may have misrepresented or omitted material facts in its applications in order to circumvent the FCC’s ownership rules and, accordingly, put the merger on indefinite hold while an administrative law judge determines whether Sinclair misled the FCC or acted with a lack of candor. As elaborated in the complaint we filed earlier today, Sinclair’s entire course of conduct has been in blatant violation of the Merger Agreement and, but for Sinclair’s actions, the transaction could have closed long ago.(I highlighted that last sentence. —Lenny)
“‘In light of the FCC’s unanimous decision, referring the issue of Sinclair’s conduct for a hearing before an administrative law judge, our merger cannot be completed within an acceptable timeframe, if ever,’” said Peter Kern, Tribune Media’s Chief Executive Officer. ‘This uncertainty and delay would be detrimental to our company and our shareholders. Accordingly, we have exercised our right to terminate the Merger Agreement, and, by way of our lawsuit, intend to hold Sinclair accountable.’”
(Tribune’s statement continued with earnings information and then returned to the Sinclair situation. See that at the bottom of this post, along with its CEO’s memo to employees.)
“Tribune Media has now had the opportunity to review the FCC’s troubling Hearing Designation Order. We are currently evaluating its implications and assessing all of our options in light of today’s developments.
“We will be greatly disappointed if the transaction cannot be completed, but will rededicate our efforts to running our businesses and optimizing assets. Thanks to the great work of our employees, we are having a strong year despite the significant distraction caused by our work on the transaction and, thus, are well-positioned to continue maximizing value for our shareholders going forward.”
“engaging in ‘belligerent and unnecessarily protracted negotiations’ with the FCC as well as the Justice Department.” Also, it argued “in its lawsuit that Sinclair had been ‘confrontational with and belittling of DOJ staff.’ During negotiations, for example, Sinclair’s general counsel, Barry Faber, challenged the Justice Department’s top antitrust official, Makan Delrahim, telling him at one point, ‘sue me,’ Tribune alleged. In another meeting, Faber accused Delrahim of ‘misunderstand[ing] the industry,’ the suit said.”
Also new, The Post reported Tribune alleged it threatened to sue Sinclair in February if it didn’t divest stations to secure the DOJ’s support, prompting Sinclair to revise its offer.
“Sinclair Broadcast Group, Inc. announced today that it received a termination notice of its Merger Agreement from Tribune Media Company. In response, the Company subsequently has withdrawn with prejudice its FCC applications to acquire Tribune and filed with the Administrative Law Judge a notice of withdrawal of the applications and motion to terminate the hearing.” ‘’
“‘We are extremely disappointed that after 15 months of trying to close the Tribune transaction, we are instead announcing its termination,’ commented Chris Ripley, President & Chief Executive Officer. ‘We unequivocally stand by our position that we did not mislead the FCC with respect to the transaction or act in any way other than with complete candor and transparency. As Tribune, however commented, in their belief, the FCC’s recent designation of the deal for a hearing in front of an Administrative Law Judge would have resulted in a potentially long and burdensome process and, therefore, pursuing the transaction was not in the best interest of their company and shareholders. As for Tribune’s lawsuit, we fully complied with our obligations under the merger agreement and tirelessly worked to close this transaction. The lawsuit described in Tribune’s public filings today is entirely without merit, and we intend to defend against it vigorously.
“‘Nonetheless, we wish to thank both our and Tribune’s employees and our many advisers who have committed a tremendous amount of time and effort over the past 15 months towards the acquisition of Tribune. It is unfortunate that those efforts have not been realized. The combined company would have benefited the entire broadcast industry and the public through the advancement of ATSC 3.0, increased local news and enhanced programming.’”
Despite Sinclair stock starting lower today, the company announced it’s buying back up to $1 billion of its Class A common shares.
“We strongly believe in the long term outlook of our company and disagree with the market’s current discounted view on our share price,” Ripley said. “The $1 billion authorization does not use our future free cash flow generation, but simply the excess cash currently on our balance sheet.”
Sinclair stock ended the day 2.58 percent higher, but fell in after-hours trading.
The FCC did not comment today.
The Sinclair-Tribune deal would’ve led to several others. Stations that put the combination above the legal ownership limit were supposed to be spun off to several different companies. Now they won’t.
One of those companies is 21st Century Fox, which The Hollywood Reporter described as partially merging with Disney/ABC. Disney still plans to buy “the Fox film and TV studio, Nat Geo, FX Networks, Star India, 39 percent of Sky and 30 percent of Hulu … along with 22 regional sports networks (RSNs).”
Disney is selling those regional sports networks because the Justice Department was worried they “coupled with ESPN would create a sports monopoly.”
“The RSNs will be sold, and the process of selling them is actually already beginning. Conversations are starting, interest is being expressed. And it’s likely that we’ll negotiate a deal to sell them but the deal will not be fully executed or close until after the overall deal for 21st Century Fox closes.”
It added, Iger said Disney “assumed the responsibility of divestiture” in December 2017 when it first made an offer to Fox, “if the regulatory process demanded that we do that.”
There was never a possibility Fox would keep the networks or buy them back.
Yahoo! suggests potential buyers are Comcast, which has its own RSNs and lost the bidding war for Fox’s assets; Discovery Communications; AT&T, owner of DirecTV and now also Time Warner, but the Justice Department is appealing that; Verizon, owner of Fios; and another cable company, Charter Communications.
So Fox will be left with “the Fox broadcast network, FS1, FS2, Fox Business Network and the Fox News Channel, which, collectively, is known for now as New Fox,” according to The Hollywood Reporter.
“Live sports is clearly the most valuable content in our industry,” executive chairman Lachlan Murdoch said during a conference call, yesterday. His company is now paying a fortune for rights to Thursday Night Football.
But now, with no merger, the station sales to Fox and others are in jeopardy, and decisions whether to sell or not return to Sinclair and Tribune.
“reached a comprehensive agreement with Fox Broadcasting Company to renew the existing Fox affiliations of eight Tribune Media television stations, including KCPQ-TV (Seattle), KDVR-TV (Denver), WJW-TV (Cleveland), KTVI-TV (St. Louis), WDAF-TV (Kansas City), KSTU-TV (Salt Lake City), WITI-TV (Milwaukee), WGHP-TV (Greensboro, NC). Terms of the agreement were not disclosed.”
So we can expect those stations to keep airing Fox programming unless there’s something in the “terms of the agreement” that mentions the merger not happening.
On top of that, last week, FTVLive’s Scott Jones reported, “Fox is very interested in a number of the Tribune stations” – still – and, “the suits from Fox have been spotted inside (those) Tribune stations looking around” as if to buy. So we’ll see if it ends up with more Tribune stations than it was expected to buy under the deal.
Of course, the big question is whether Tribune will still sell at all. TVNewsCheck’s Harry Jessell reported Tribune CEO Peter Kern cast some doubt on that today, telling analysts the company may want to “enhance” its TV station portfolio.
We know Cox Media Group is exploring selling. Others will if the price is right, and prices should rise if there are fewer, bigger companies in the business – especially if they’re allowed to buy more after the FCC takes another look at raising ownership caps.
Despite uncertainty, there’s probably a lot of relief at Tribune stations they won’t have bosses from Sinclair.
“how Sinclair’s aggressive approach in its dealing with the Justice Department and the FCC with regard to its merger with Tribune has been polluting the best regulatory atmosphere in Washington since the Reagan administration.”
Jessell ended his column by writing,
“So, let’s recap. Sinclair’s attempt to win regulatory approval of its Tribune merger has so far severely damaged Sinclair’s standing at the FCC, aggravated the most broadcast-friendly FCC chairman in decades, subjected its own and several other broadcast groups’ basic business dealings to intense Justice Department scrutiny and exposed those same groups to (an antitrust) lawsuit that, no matter how frivolous, needs to be answered.”
On May 8, 2017, the Company entered into the Merger Agreement with Sinclair, providing for the acquisition by Sinclair of all of the outstanding shares of the Company’s Class A common stock and Class B common stock by means of a merger of Samson Merger Sub Inc., a wholly owned subsidiary of Sinclair, with and into Tribune Media Company (the “Merger”), with the Company surviving the Merger as a wholly owned subsidiary of Sinclair.
In the Merger, each share of the Company’s common stock would have been converted into the right to receive (i) $35.00 in cash, without interest and less any required withholding taxes, and (ii) 0.2300 of a share of Class A common stock of Sinclair.
The consummation of the Merger was subject to the satisfaction or waiver of certain important conditions, including, among others: (i) the approval of the Merger by the Company’s stockholders, (ii) the receipt of approval from the FCC and the expiration or termination of the waiting period applicable to the Merger under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”) and (iii) the effectiveness of a registration statement on Form S-4 registering the Sinclair Common Stock to be issued in connection with the Merger and no stop order or proceedings seeking the same having been initiated by the Securities and Exchange Commission (the “SEC”).
Pursuant to Section 7.1(e) of the Merger Agreement, Sinclair was “entitled to direct, in consultation with the Company, the timing for making, and approve (such approval not to be unreasonably withheld) the content of, any filings with or presentations or submissions to any Governmental Authority relating to this Agreement or the transactions contemplated hereby and to take the lead in the scheduling of, and strategic planning for, any meetings with, and the conducting of negotiations with, Governmental Authorities relating to this Agreement or the transactions contemplated hereby.” Applications to regulatory authorities made jointly by Sinclair and Tribune in connection with the Merger were made at the direction of Sinclair pursuant to its authority under this provision of the Merger Agreement.
On September 6, 2017, Sinclair’s registration statement on Form S-4 registering the Sinclair Common Stock to be issued in the Merger was declared effective by the SEC.
On October 19, 2017, holders of a majority of the outstanding shares of the Company’s Class A Common Stock and Class B Common Stock, voting as a single class, voted on and approved the Merger Agreement and the transactions contemplated by the Merger Agreement at a duly called special meeting of Tribune Media Company shareholders.
The applications seeking FCC approval of the transactions contemplated by the Merger Agreement (the “Applications”) were filed on June 26, 2017, and the FCC issued a public notice of the filing of the Applications and established a comment cycle on July 6, 2017. Several petitions to deny the Applications, and numerous other comments, both opposing and supporting the transaction, were filed in response to the public notice. Sinclair and the Company jointly filed an opposition to the petitions to deny on August 22, 2017 (the “Joint Opposition”). Petitioners and others filed replies to the Joint Opposition on August 29, 2017. On September 14, 2017, the FCC’s Media Bureau issued a Request for Information (“RFI”) seeking additional information regarding certain matters discussed in the Applications. Sinclair submitted a response to the RFI on October 5, 2017. On October 18, 2017, the FCC’s Media Bureau issued a public notice pausing the FCC’s 180-day transaction review “shot-clock” for 15 days to afford interested parties an opportunity to comment on the response to the RFI. On January 11, 2018, the FCC’s Media Bureau issued a public notice pausing the FCC’s shot-clock as of January 4, 2018 until Sinclair has filed amendments to the Applications along with divestiture applications and the FCC staff has had an opportunity to review any such submissions. On February 20, 2018, the parties filed an amendment to the Applications (the “February 20 Amendment”) that, among other things, (1) requested authority under the FCC’s “Local Television Multiple Ownership Rule” (the “Duopoly Rule”) for Sinclair to own two top four rated stations in each of three television markets (the “Top-4 Requests”) and (2) identified stations (the “Divestiture Stations”) in 11 television markets that Sinclair proposed to divest in order for the Merger to comply with the Duopoly Rule and the National Television Multiple Ownership Rule. Concurrently, Sinclair filed applications (the “Divestiture Trust Applications”) proposing to place certain of the Divestiture Stations in an FCC-approved divestiture trust, if and as necessary, in order to facilitate the orderly divestiture of those stations following the consummation of the Merger. On February 27, 2018, in furtherance of certain undertakings made in the Applications and the February 20 Amendment, the parties filed separate applications seeking FCC approval of the sale of Tribune’s stations WPIX-TV, New York, New York, and WGN-TV, Chicago, Illinois, to third-party purchasers. On March 6, 2018, the parties filed an amendment to the Applications that, among other things, eliminated one of the Top-4 Requests and modified the remaining two Top-4 Requests. Also on March 6, 2018, the parties modified certain of the Divestiture Trust Applications. On April 24, 2018, the parties jointly filed (1) an amendment to the Applications (the “April 24 Amendment”) that superseded all prior amendments and, among other things, updated the pending Top-4 Requests and provided additional information regarding station divestitures proposed to be made by Sinclair in 15 television markets in order to comply with the Duopoly Rule or the National Television Multiple Ownership Rule, (2) a letter withdrawing the Divestiture Trust Applications and (3) a letter withdrawing the application for approval of the sale of WPIX-TV to a third-party purchaser. In order to facilitate certain of the compliance divestitures described in the April 24 Amendment, between April 24, 2018 and April 30, 2018, Sinclair filed applications seeking FCC consent to the assignment of license or transfer of control of certain stations in 11 television markets.
On May 8, 2018, the Company, Sinclair Television Group, Inc. (“Sinclair Television”) and Fox Television Stations, LLC (“Fox”) entered into an asset purchase agreement (the “Fox Purchase Agreement”) to sell the assets of seven network affiliates of Tribune for $910.0 million in cash, subject to post-closing adjustments. The network affiliates subject to the Fox Purchase Agreement are: KCPQ (Tacoma, WA); KDVR (Denver, CO); KSTU (Salt Lake City, UT); KSWB-TV (San Diego, CA); KTXL (Sacramento, CA); WJW (Cleveland, OH); and WSFL-TV (Miami, FL). The closing of the sale pursuant to the Fox Purchase Agreement (the “Closing”) was subject to approval of the FCC and clearance under the HSR Act, as well as the satisfaction or waiver of all conditions of the consummation of the Merger, which was scheduled to occur immediately following the Closing.
On May 14, 2018, Sinclair and Tribune filed applications for FCC approval of additional station divestitures to Fox pursuant to the Fox Purchase Agreement. On May 21, 2018, the FCC issued a consolidated public notice accepting the divestiture applications filed between April 24, 2018 and May 14, 2018, for filing and seeking comment on those applications and on the April 24 Amendment, and establishing a comment cycle ending on July 12, 2018.
On July 16, 2018, the Chairman of the FCC issued a statement that he had “serious concerns about the Sinclair/Tribune transaction” because of evidence suggesting “that certain station divestitures that have been proposed to the FCC would allow Sinclair to control [the divested] stations in practice, even if not in name, in violation of the law,” and that he had circulated to the other Commissioners “a draft order that would designate issues involving certain proposed divestitures for a hearing in front of an administrative law judge.”
On July 18, 2018, at the direction of Sinclair pursuant to its authority under the Merger Agreement, Sinclair and Tribune jointly filed an amendment to the Applications reflecting that the applications for divestiture of WGN-TV (Chicago), KDAF (Dallas), and KIAH (Houston) filed in connection with the April 24 Amendment were being withdrawn, that WGN-TV would not be divested, and that KDAF and KIAH would be placed in a divestiture trust pending sales to one or more new third parties. The applications for divestiture of WGN-TV, KDAF and KIAH were withdrawn by concurrent letter filings. On July 19, 2018, the FCC released a Hearing Designation Order (“HDO”) referring the Applications to an FCC Administrative Law Judge (“ALJ”) for an evidentiary hearing to resolve what the FCC concluded are “substantial and material questions of fact” regarding (1) whether Sinclair was the real party-in-interest to the divestiture applications for WGN-TV, KDAF, and KIAH, and, if so, whether Sinclair engaged in misrepresentation and/or lack of candor in its applications with the FCC; (2) whether consummation of the merger would violate the FCC’s broadcast ownership rules; (3) whether grant of the Applications would serve the public interest, convenience, and/or necessity; and (4) whether the Applications should be granted or denied. The HDO designated as parties to the proceeding the FCC’s Enforcement Bureau and persons who had filed formal petitions to deny the Applications, and directed the ALJ to establish a procedural schedule by Friday, August 24, 2018.
On August 2, 2017, the Company received a request for additional information and documentary material, often referred to as a “second request”, from the United States Department of Justice (the “DOJ”) in connection with the Merger Agreement. The second request was issued under the HSR Act. Sinclair received a substantively identical request for additional information and documentary material from the DOJ in connection with the transactions contemplated by the Merger Agreement. The parties entered into an agreement with the DOJ on September 15, 2017 by which they agreed not to consummate the Merger Agreement before certain dates related to their certification of substantial compliance with the second request (which occurred in November 2017) and to provide the DOJ with 10 calendar days’ notice prior to consummating the Merger Agreement. Although Sinclair and DOJ reached agreement on a term sheet identifying the markets in which stations would have to be divested, they did not reach a definitive settlement and their discussions on significant provisions remained ongoing as of August 2018.
Pursuant to the Merger Agreement, the Company had the right to terminate the Merger Agreement if Sinclair failed to perform in all material respects its covenants, and such failure was not cured by the end date of August 8, 2018. Additionally, either party may terminate the Merger Agreement if the Merger is not consummated on or before August 8, 2018 (and the failure for the Merger to have been consummated by such date was not primarily due to a breach of the Merger Agreement by the party terminating the Merger Agreement). On August 9, 2018, the Company provided notification to Sinclair that it had terminated the Merger Agreement, effective immediately, on the basis of Sinclair’s willful and material breaches of its covenants and the expiration of the second end date thereunder. In connection with the termination of the Merger Agreement, on August 9, 2018, the Company provided notification to Fox that it has terminated the Fox Purchase Agreement, effective immediately. Under the terms of each of the Merger Agreement and the Fox Purchase Agreement, no termination fees are payable by any party.
On August 9, 2018, the Company filed a complaint in the Chancery Court of the State of Delaware against Sinclair, alleging breach of contract under the Merger Agreement. The complaint alleges that Sinclair willfully and materially breached its obligations under the Merger Agreement to use its reasonable best efforts to promptly obtain regulatory approval of the Merger so as to enable the Merger to close as soon as reasonably practicable. The lawsuit seeks damages for all losses incurred as a result of Sinclair’s breach of contract under the Merger Agreement.
This is Tribune CEO Kern’s memo to employees, thanks again to FTVLive’s Scott Jones:
Tribune Team,
Earlier this morning we announced the termination of our proposed merger with Sinclair and that we have filed a lawsuit against Sinclair for breach of contract—attached (above —Lenny) is the press release we issued a short time ago.
Given the developments of the last few weeks, and the decision by the Federal Communications Commission to refer certain issues to an administrative law judge in light of Sinclair’s conduct, it’s highly unlikely that this transaction could ever receive FCC approval and be completed, and certainly not within an acceptable timeframe. This delay and uncertainty would be detrimental to our company, to our business partners, to our employees and to our shareholders. Accordingly, our Board made the decision to terminate the merger agreement with Sinclair to enable us to refocus on our many opportunities to drive the company forward and enhance shareholder value.
As for the lawsuit, we are confident that Sinclair did not live up to its obligations under the merger agreement and we intend to hold them accountable. A suit like this does not get resolved overnight and it is the last thing you should be thinking about, but I want you to know that Tribune did everything it was supposed to do, and we will make sure we are treated fairly.
Right now, I am sure many of you are still absorbing the news and wondering what it means for our company, for our future, and most especially for each of you. I want to take a moment to answer these questions and address some of your concerns as we now re-adjust to the old normal of running our great and storied Tribune Media Company.
So, let’s begin there—Tribune Media remains as strong as ever, with great TV stations, important local news and sports programming, a re-energized and financially powerful cable network, and a terrific history of serving our viewers, our advertisers, and our MVPD and network partners. You need look no further than the exceptional financial results we released today for proof of that. Our consistent success is directly related to your talent, your experience, your innovation, and your willingness to give your best every day.
As for the future, we continue to live in complex times in the media world. New consumer habits, new entrants to the space, new competitors every day, and consolidation going on all around us. Rapid change has become the norm—it’s impossible to predict the next big thing. What I do know, though, is that we’ve got valuable assets, great people running them, and we remain one of the preeminent broadcasting companies in America.
No doubt the rumor mill will begin anew with speculation about who might buy us or who we might buy or whether the regulatory landscape still favors consolidation. We can’t do anything about such speculation. What we can do is rededicate ourselves to our own performance. Let’s shake off the cobwebs of deal distraction, ignore the outside noise, and continue delivering on our commitment to each other, to our customers, to our partners and to the communities we serve. If we do that, the rest will take care of itself.
Let’s get together for a companywide town hall meeting tomorrow at Noon ET. We’ll broadcast the meeting live to our business units, talk more about all these issues and take your questions—you can submit questions in advance of the meeting to: questions@tribunemedia.com. In the meantime, if you have any concerns, our HR team is ready to help; and Gary Weitman can handle any media inquiries you might get.
Thank you, again,
Peter
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There’s something to be said for waiting before starting to write. That’s not my nature. I want to get things out first. I type very well but nobody can do it as quickly as my brain, so I often dictate into a phone and email myself. Then, I make any corrections and additions, and create the graphics and email preferences.
But this saga of Sinclair Broadcast Group trying to buy Tribune Media that has been going on for more than a year and suddenly failing last week – supposedly failing – is full of interesting details.
I wrote about a lot of them, Tuesday night. That was mostly background. You know how little I admire Sinclair and the people who run it. Tonight, you’ll see exactly what went wrong for the deal and what I think should be done. Let’s just say what went wrong could’ve been a lot of what I wrote Tuesday night!
But first, the latest, and that’s Cox Media Group – one of the best corporations owning TV stations out there, and a private one – is exploring putting itself up for sale.
Yesterday, FTVLlive’s Scott Jones got a secret copy of the talking points Cox managers are supposed to use while talking to employees. Let’s face it, “talking points” is another phrase meaning public relations. In other words, they’re trying to convince the workers to keep working extra hard because everything is going to be great! (I hope you used your best Tony the Tiger when you read that.)
Of course, that’s not how employees are feeling. When your company suddenly sets itself up to be bought, there is lots of uncertainty. You know spending will go down and jobs will not be filled, so the company’s financials look more attractive. And being bought by another major established company could lead to layoffs. But you know that’s not in the talking points which you can see below in this six-page slideshow.
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Cox’s 14 TV stations are pretty good and most are highly-rated ones. From left to right, by row, they’re the ABC affiliate in Atlanta; ABC and independent in Orlando; Fox in Boston; CBS in Seattle; NBC in Pittsburgh; ABC and independent in Charlotte; Fox and CBS in Jacksonville; Fox in Memphis; CBS in Dayton, Ohio; Fox in Tulsa, Okla.; and also a “supply-side platform that brings automation and data-driven targeting to the buying and selling of television advertising” called Videa.
There are also 61 radio stations, 4 daily newspapers, 11 non-daily papers, 16 digital brands, and one local cable channel.
FTVLive’s Scott Jones also got a market analyst report from Wells Fargo about how much Cox Media may be worth. The answer it gives is $2.65 billion, but consider many factors including the number of willing buyers, whether the stations get split up, and whether Tribune goes back on the market.
See Tuesday’s post for a lot more links to, and details on, the rest of Atlanta-based Cox.
So FCC Chairman Ajit Pai was arguably putting himself on the line while supporting the Sinclair-Tribune merger when surprisingly, last week, he said in a statement:
“Based on a thorough review of the record, I have serious concerns about the Sinclair-Tribune transaction. … The evidence we’ve received suggests that certain station divestitures that have been proposed to the FCC would allow Sinclair to control those stations in practice, even if not in name, in violation of the law. … When the FCC confronts disputed issues like these, the Communications Act does not allow it to approve a transaction. Instead, the law requires the FCC to designate the transaction for a hearing in order to get to the bottom of those disputed issues.”
How surprising?
Pai embraced the merger so much, he’s under investigation by the FCC’s inspector general for allegedly greasing the wheels by bringing back the UHF discount rule weeks before the deal was announced. That way, the new, larger company could still meet the FCC ownership limit of 39 percent of U.S. households, rather than vastly exceeding them.
— UPDATE: The FCC inspector general cleared Chairman Ajit Pai of being unfairly biased in favor of the Sinclair Broadcast Group–Tribune Media merger. —
Sinclair’s reach now, without Tribune
Then yesterday – at an awkward moment for Pai, Sinclair and Tribune – a Washington-based U.S. Appeals Court rejected a challenge to the FCC reinstating the UHF discount that could’ve and could still pave the way for the merger. The three-judge panel was comprised of two President Barack Obama nominees and one President Trump nominee. They dismissed the case on technical grounds without considering its merits, ruling the activist groups that filed suit hadn’t shown they’d be injured by the consolidation at the heart of their case. What this really means is Tribune could be worth more if it pulls out of the deal, because other potential suitors will have more flexibility to make offers. Tribune can leave Sinclair at the alter/chuppah on Aug. 8.
The UHF discount, started in 1985, let companies with UHF (channels 14+) stations only count half the coverage area towards the ownership limit. But that was when there was a big difference between watching channels 2 to 13, and channels 14+. With today’s technology – and cable, satellite and computers added to the mix, and broadcast signals digital rather than analog – the quality looks the same. The rule was ended in 2016, just before the end of President Obama’s administration.
So why bring back the rule last year? For big corporations, up against the ownership limit, urging Pai to reinstate it so they could buy more stations – exactly what Sinclair needed to merge with Tribune.
“She showed a chart from Bloomberg showing how major station groups benefit from the discount. The largest, ION Media, reaches 33.7% of the country with the discount, but 65.2% without. Univision reaches 23.6% with the discount, but 44.8% without. When the discount was repealed last summer, station groups were allowed to retain their existing holdings, but they would be forced to divest assets in the event of a merger or corporate takeover.”
But Pai argued the FCC would start examining the media ownership cap and reinstating the UHF discount would give the FCC a “blank slate.” The examination started in December.
According to Variety, Judge Gregory Katsas noted to the FCC’s attorney, James Carr, that while the FCC
“might want to raise the cap,” there was “no reason for thinking at that the end of the day, part of the solution will be keeping the discount.”
“I think that is probably fair, your honor,” Carr replied. He argued that the UHF discount shouldn’t be eliminated without considering its implications to the 39% cap.
Meanwhile, CEO Chris Ruddy of conservative TV news network Newsmax said, “The judges on the D.C. Circuit reviewing the FCC’s UHF discount were left scratching their heads wondering why the rule was re-instated when everyone — Republicans and Democrats alike — agree that the discount is an analog relic and makes no sense in a digital world.
“The FCC should avoid the appearance of impropriety and proceed with a transparent national ownership cap proceeding to set a level playing field before approving any merger that benefits just one company, namely Sinclair.”
He also said he told President Trump strict limits on national TV ownership are needed not only to keep a lid on Sinclair, but also on the ‘liberal’ broadcast networks.
“Sinclair has been a frequent target for Democrats and liberal groups disturbed by reports that it favors President Donald Trump in its coverage via ‘must-run’ segments pumped to its network of stations.”
“gave a disproportionate amount of neutral or favorable coverage to Trump during the campaign” while airing negative stories on Hillary Clinton, and Politico reported “on a boast by Trump’s son-in-law Jared Kushner that the president’s campaign had struck a deal with the broadcast group for better media coverage. Sinclair disputed the characterization, saying it was an arrangement for extended sit-down interviews that was offered to both candidates.”
Also, it was Trump who nominated Pai for the agency’s top post, so most experts felt the merger would eventually get the go-ahead due to President Trump’s public comments praising the media company, which boasts a conservative-leaning, anti-mainstream media news operation.
My last post mentioned many different cases of using shell companies under Sinclair’s control to still broadcast on more stations than allowed. Those so-called sidecar arrangements let Sinclair keep a stake in the revenue and programming of the spun-off stations.
I even asked, “Why was the FCC the last to find out? Or did it know and ignore the facts for political reasons?”
Today, I found a new example of a virtual triopoly (three stations in a market), when the FCC only allows duopolies (two stations in a market) and only under certain conditions.
“The draft order circulated by Pai’s office … said Sinclair’s actions around the divestiture of TV station WGN in Chicago ‘includes a potential element of misrepresentation or lack of candor.’”
Ouch! Not good for a company licensed to use the public airwaves. I used another example below and then offered a suggestion about what should happen to Sinclair.
Adweek added,
“The FCC feels Smith selling the asset to his friend and business associate presents a problem,”
and I’ll say the price of $60 million is ludicrous, considering the station is worth hundreds of millions of dollars.
“The WGN services agreement would have kept Sinclair in charge of everything from programming to ad sales while giving it an option to buy back the station for the same price, subject to adjustments, within eight years.”
Sinclair was also supposed to sell WPIX-New York, the nation’s largest TV market by far, for a measly $15 million to that same Cunningham Broadcasting, a company with close ties to the Smith family. That caused Pai to say he was concerned Sinclair’s proposed sales in Chicago and New York may have attempted to deceive the government.
Adweek said also troubling
“were the deals to sell stations in Dallas and Houston to Cunningham Broadcasting.”
The Tribune reported,
“The proposal also included an option to buy the stations back.”
“Separate filings with the FCC last month by the American Civil Liberties Union and conservative news outlet Newsmax Media” … raised “questions about whether Sinclair would continue to control some of the stations it proposes to divest.”
So Politico said,
“Pai announced an administrative law judge would review the station spinoff issues. The FCC takes that step when companies fail to persuade it that a transaction, even with conditions, would be in the public interest.”
“Among these applications were three that, rather than transfer broadcast television licenses in Chicago, Dallas, and Houston directly to Sinclair, proposed to transfer these licenses to other entities. The record raises significant questions as to whether those proposed divestitures were in fact “sham” transactions. By way of example, one application proposed to transfer WGN-TV in Chicago to an individual (Steven Fader) with no prior experience in broadcasting who currently serves as CEO of a company in which Sinclair’s executive chairman has a controlling interest. Moreover, Sinclair would have owned most of WGN-TV’s assets, and pursuant to a number of agreements, would have been responsible for many aspects of the station’s operation. Finally, Fader would have purchased WGN-TV at a price that appeared to be significantly below market value, and Sinclair would have had an option to buy back the station in the future. Such facts raise questions about whether Sinclair was the real party in interest under Commission rules and precedents and attempted to skirt the Commission’s broadcast ownership rules. Although these three applications were withdrawn today, material questions remain because the real party-in-interest issue in this case includes a potential element of misrepresentation or lack of candor that may suggest granting other, related applications by the same party would not be in the public interest.”
This keeps getting better!
Politico said an administrative law judge was called in 2015 with the proposed Comcast-Time Warner Cable deal. The companies later abandoned it, rather than go through the hearing process. AT&T ended up with Time Warner, at least for now, after a federal judge allowed it without conditions, but the Justice Department is appealing.
“to ‘expedite’ the transaction after the FCC suggested the company would still control the stations,” and “two FCC officials who did not wish to be identified said Wednesday they believe the merger will not be able to proceed.”
Instead, Sinclair itself will acquire WGN-Chicago, and put KDAF-Dallas and KIAH-Houston into a divestiture trust and sold by an independent trustee (if the acquisition is finalized).
The Justice Department is also still reviewing the deal and the FCC may have even more concerns.
Sinclair denied any effort to mislead the FCC and issued this long statement:
“While neither Sinclair or Tribune have seen the draft HDO, Chairman Pai’s comments and press reports indicate the FCC is questioning the proposed divestitures in Dallas, Houston and Chicago. Accordingly, in order to address such concerns and to expedite the Tribune transaction, Sinclair has withdrawn the pending divestitures of stations in Dallas (KDAF) and Houston (KIAH) to Cunningham Broadcasting Corporation and Tribune has withdrawn the pending divestiture of WGN in Chicago to WGN-TV LLC. Sinclair intends to request permission from the FCC to put the Dallas and Houston stations into a divestiture trust to be operated and sold by an independent trustee following the closing of the Tribune acquisition. Sinclair expects to have identified and entered into a purchase agreement with a third party buyer or buyers for the Dallas and Houston stations prior to closing. As a result of the withdrawal of the application relating to WGN, Sinclair will simply acquire that station as part of the Tribune acquisition, which is, and has always been, fully permissible under the national ownership cap.
“Throughout the FCC review process of the Tribune merger and divestitures, Sinclair has had numerous meetings and discussions with the FCC’s Media Bureau to make sure that they were fully aware of the transaction’s structure and basis for complying with FCC rules and meeting public interest obligations. During these discussions and in our filings with the FCC, we have been completely transparent about every aspect of the proposed transaction. We have fully identified who the buyers are and the terms under which stations would be sold to such buyer, including any ongoing relationship we would have with any such stations after the sales. All relevant agreements documenting such terms as required by FCC rules have been filed. While we understand that certain parties, which oppose the transaction object to certain of the buyers based on such buyers’ relationships with Sinclair, at no time have we withheld information or misled the FCC in any manner whatsoever with respect to the relationships or the structure of those relationships proposed as part of the Tribune acquisition. Any suggestion to the contrary is unfounded and without factual basis.
“While the structures put forth to the FCC throughout the process have all been in compliance with law and consistent with structures that Sinclair and many other broadcasters have utilized for many years with the full approval of the FCC, we have consistently modified the structure in order to address any concerns raised by the FCC. As a result and in light of the ongoing and constructive dialogue we had with the FCC during the past year, we were shocked that concerns are now being raised. Nonetheless, we have decided to move forward with these additional changes to satisfy the FCC’s concerns.
“There can be no question regarding misrepresentation or character given that Sinclair has fully disclosed all terms of all aspects of the transactions it has proposed. The FCC’s reported concerns with sales to certain parties have been eliminated in light of the withdrawals of the applications relating to Dallas, Houston and Chicago. Accordingly, we call upon the FCC to approve the modified Tribune acquisition in order to bring closure to this extraordinarily drawn-out process and to provide certainty to the thousands of Tribune employees who are looking for closure.”
So what’s next for Tribune? Will it stick by the deal as it said it intends? We don’t know for sure yet, but it has until Aug. 8 and I already mentioned reasons to separate from Sinclair.
This video was made before Cox threw its assets into the ring.
Bloomberg notes, over the decades, Fox and Sinclair have been in business together, but the conservative organizations have also been rivals.
Sinclair owns dozens of local Fox affiliates. So does Tribune. Last year, Fox tried unsuccessfully to outbid Sinclair for Tribune.
In the meantime, the companies divide the retransmission fees paid by cable and satellite operators (meaning what you and I pay). Networks say local stations have more value because of them.
“By 1992, Congress found that cable systems were paying carriage fees to the non-broadcast channels but not to the broadcasters, and that this was unfair to the broadcasters.”
It’s why we pay for free local TV if we’re not watching with an antenna.
“Fox threatened to pull its affiliates from Sinclair and switch the stations to an independent broadcaster. Eventually, in order to satisfy regulators, Sinclair agreed to sell some Tribune stations to Fox, which, in turn, said it would renew Sinclair’s affiliation with more than two dozen stations.”
Now, Fox may be able to buy even more stations.
And “Sinclair may soon compete with Fox News for right-leaning TV viewers” may not come to pass. It has reportedly been talking about hiring former Fox News stars to create a block of conservative programming using WGN America, which it would acquire, or The Tennis Channel, which it already owns. Former Trump advisor Boris Epshteyn and former CBS correspondent Sharyl Attkisson already work for Sinclair. Politico reported Sinclair has even approached current and former Fox talent such as Jeanine Pirro, and Greta Van Susteren and Eric Bolling. I already wrote Talks with former Fox host Bill O’Reilly fell apart. Sinclair won’t admit to any of that.
Also, the Justice Department appealed the ruling that let AT&T buy Time Warner. That’s good for Fox at the moment because it involves Fox News Channel rival CNN, and may have kept Comcast/NBC from buying most of Fox, as it downsizes to become “New Fox.” Murdoch prefers Disney/ABC buying the assets, which the government already approved, and “the Murdoch family would see more tax benefits in that deal.”
So what’s President Trump’s beef? You already read about his relationship with Sinclair.
So sad and unfair that the FCC wouldn’t approve the Sinclair Broadcast merger with Tribune. This would have been a great and much needed Conservative voice for and of the People. Liberal Fake News NBC and Comcast gets approved, much bigger, but not Sinclair. Disgraceful!
Tuesday night, he tweeted it was “sad and unfair that the FCC wouldn’t approve the Sinclair Broadcast merger with Tribune,” but Republicans control the FCC, he appointed Ajit Pai as chairman, and Pai has been accused of being too cozy with Sinclair. But except for appointments, the FCC is independent from the White House.
Deadline reported Sinclair commentator Boris Epshteyn, who used to work for Trump, is for the deal. So is Steve Bannon, who got friendly with Sinclair stations in swing states before the election. And Trump has to like Sinclair’s publicity.
The only Democratic FCC commissioner at the moment tweeted her response to the president with just one word: disagree.
But Trump’s friend Rupert Murdoch – who also owns TV stations and the pro-Trump Fox News Channel – is said to be against the merger. That would be especially so if Sinclair starts putting conservative news on cable through WGN America and The Tennis Channel. Trump is so chummy with Murdoch, he called in December to congratulate him on the Disney-21st Century Fox deal.
I wrote another friend, NewsMax chief Chris Ruddy, is definitely against Sinclair-Tribune, as well.
Furthermore, the president compared Sinclair-Tribune to letting “Liberal Fake News NBC and Comcast (get) approved” which happened under the Obama administration and FCC. Trump criticized it as being too big.
He didn’t mention it’s on the level of AT&T-Time Warner, which a federal judge recently allowed but the Justice Department is appealing.
The difference between Sinclair-Tribune and Disney-Fox – and NBC-Comcast and AT&T-Time Warner – is that the first pair involve companies that make content but don’t distribute it. In the second pair, NBC and Time-Warner make content, but Comcast and AT&T actually distribute it — Comcast through cable and AT&T by DirecTV satellite, both of which are paid subscription services.
The Fake News Networks, those that knowingly have a sick and biased AGENDA, are worried about the competition and quality of Sinclair Broadcast. The “Fakers” at CNN, NBC, ABC & CBS have done so much dishonest reporting that they should only be allowed to get awards for fiction!
That was at 6:34am. Keep in mind, a great number of Sinclair’s stations are affiliated with the networks.
Then, at 6:58, Trump took on CNN…
Check out the fact that you can’t get a job at ratings challenged @CNN unless you state that you are totally anti-Trump? Little Jeff Zuker, whose job is in jeopardy, is not having much fun lately. They should clean up and strengthen CNN and get back to honest reporting!
Once again, false. The personal political beliefs of CNN's employees are of no interest to us. Their pursuit of the truth is our only concern. Also, Jeff's last name is spelled Z-U-C-K-E-R. Those are the facts. #FactsFirst🍎
CNN reports some Sinclair journalists said they were unhappy with President Trump’s portrayal of the company as “conservative” because they want to be recognized for their straight-forward, nonpartisan work. Despite their stations being forced to air pro-Trump commentaries and stories, most journalists at local stations don’t want to be labeled by the president or anyone else.
As for Sinclair’s claim of more localism if the deal goes through, FTVLive’s Scott Jones found Sinclair station WSYX-Columbus, Ohio, doing a series of reports called “Gator Week” (as opposed to Shark Week, that has been on the Discovery Channel since 1988). Still, Jones thought it was “odd” considering “you don’t see many alligators in Ohio.” Then, he found out about other Sinclair stations doing the same thing, “including WGXA (Macon, Ga.), WPMI (Mobile, Ala.), WPEC (West Palm Beach) and others.” He joked he wasn’t sure it was a must-run.
I, myself, found Shark Week on a retweet from the Cunningham Broadcasting station in mid-Michigan. Maybe WBSF was allowed to go a different route.
WBSF’s “About” section says it’s “owned and operated by Cunningham Broadcasting Corporation and receives certain services from an affiliation of Sinclair Broadcast Group.” So there are three terms/phrases: owned, operated, and “receives certain services from an affiliation of Sinclair Broadcast Group.” Maybe that’s because just above, it says to send all press releases to news@nbc25news.com. So maybe “certain services from an affiliation of Sinclair Broadcast Group” includes press releases.
But wait!
Below, there are nbc25news email addresses for comments, webmaster (the Sinclair owned, operated, and apparently “affiliated” websites all look similar), contests and weather.
And below that are Sinclair (sbgi.net) email addresses for corporate, two for national advertising, and the secondary person for closed-captioning concerns.
So maybe those are all the “certain services from an affiliation of Sinclair Broadcast Group.”
That’s all very interesting since I knew Sinclair controlled two other stations in the same location!
NBC affiliate WEYI has on its “about” section (with the same look) that it’s “owned and operated by Howard Stirk Holdings, LLC and receives certain services from an affiliation of Sinclair Broadcast Group.” That entire phrase is merely a substitution for Armstrong Williams’ company and we established in my last post that WEYI is one of a few Howard Stirk stations run by Sinclair. They also use the nbc25news email, but it’s more appropriate here.
Then there’s Fox affiliate WSMH that has on its “about” section (with the same look, of course) that it’s – wait for this! – actually “owned and operated by Sinclair Broadcast Group.” The email addresses are all wsmh.com. The “receives certain services” phrase is not there.
I did notice after the paragraph with the name of the owner, etc., and ties to Sinclair, is another called “Community Involvement.”
What’s funny is that all three stations start with “The owner and Sinclair Broadcast Group, LLC. continue to broaden its recruiting outreach…”
That means “the owner” can be whichever company actually holds the station license and it’s not named here, just referred to as “the owner,” out of laziness.
But what’s especially funny here is saying “The owner and Sinclair Broadcast Group” when Sinclair is really the owner!
But seriously, how does Sinclair operate the three stations with the same address, etc.? We learned in my last post that’s not allowed in Baltimore, with Sinclair, Cunningham and Deerfield Media. In fact, in Nov., 2012, TVNewsCheck reported the situation as “a virtual triopoly.”
The FCC’s webpage called Broadcast Ownership Rules clearly states in its section, Local TV Multiple Ownership:
“An entity is permitted to own up to two TV stations in the same Designated Market Area if either:
“The service areas – known as the digital noise limited service contour – of the stations do not overlap
“At least one of the stations is not ranked among the top four stations in the DMA (based on audience share), and at least eight independently owned TV stations would remain in the market after the proposed combination”
That’s the summary in its entirety! The stations cover the same area. An old website reports “eight full-power television stations in the Flint-Saginaw-Bay City market,” the others being CBS and ABC affiliates, two PBS affiliates and a religious broadcaster.
And the NBC, Fox and CW stations are controlled by the same company, for all intents and purposes. I’d bet the CW station is not in the top four rated, but the rules are for an entity “to own up to two TV stations” – just two!
“Its mishandling of its merger application has badly stained its permanent FCC record in a way that could greatly complicate its future regulatory dealings. … And a liar is what the FCC has accused Sinclair of being by obfuscating the fact it would continue to control three major market stations that it told the FCC it would spin off to other broadcasters to comply with ownership limits.
“You see, the FCC acts on the honor system. It presumes that you are obeying all the rules and expects you to confess any infractions. It’s the principal way the FCC polices those it regulates. That’s why lying – the ever-polite FCC calls it “misrepresentation” or “lack of candor” – is taken seriously and is the FCC equivalent of a capital crime. … As the lawyers pointed out to me this week, once indicted for misrepresentation as Sinclair has now been, it sticks because it goes to the broadcaster’s basic character qualifications to be a licensee. It cannot buy or sell a station or even renew a license until it resolves the character question. Sinclair’s best move now is to walk away from the merger and promise, no, swear on a stack of Bibles, that it will never, ever mislead the FCC again.
“Sinclair has no one but itself to blame for this fiasco. It pushed too hard to keep as many of the Tribune stations as it could and somewhere along the line lost sight of the larger goal – get the transfer through the FCC and get to closing. … (David Smith) kept going back to the FCC (and the Justice Department) demanding more and more. Ironically, he will likely end up with nothing, except maybe a new set of regulatory hassles.”
“never seen such ‘harsh’ language from the FCC about an applicant for a merger. The ‘vitriolic’ tone of the FCC statement makes it dubious that Sinclair and Tribune will be able to come back with divestitures that will satisfy the FCC.”
Bottom line: Anyone who knows me knows I can be tough, especially on myself. The people who run and invest in the nation’s largest media company have been breaking rules all over the place for many years. It’s time the FCC gets extremely serious so it’s taken seriously when protecting the public interest from those using the public airwaves.
Does anyone remember the RKO situation? Have a seat and look for similarities. (I wrote this with information from several Wikipedia listings.)
1962 logo
RKO General was the main holding company through 1991 for the non-core businesses of the General Tire and Rubber Company.
It had been in broadcasting since 1943, and General Tire bought the RKO Radio Pictures movie studio in 1955, but dissolved it in 1959. From then until 1991, it operated six TV stations and more than a dozen radio stations. It also holds the record for the longest licensing dispute in television history.
The trouble began in 1965. RKO General applied for license renewal of KHJ-TV in Los Angeles (now KCAL-Channel 9). A local group, Fidelity Television, challenged it, charging RKO with second-rate programming, and later and more seriously, that General Tire conditioned its dealings with certain vendors on the basis they’d buy advertising time on RKO General stations. These “reciprocal trade practices” are considered anti-competitive. RKO and General Tire executives testified before the FCC and rejected the accusations. Four years later, in 1969, the commission issued an initial finding that Fidelity’s claims were correct.
That same year, RKO faced a license challenge for WNAC-TV in Boston (now WHDH-Channel 7, not to be confused with the old WHDH-Channel 5), again charged with reciprocal trade practices.
Four years later, in 1973, the FCC ruled in favor of RKO in the Los Angeles case, pending findings in the still-ongoing Boston investigation. The next year, in 1974, when RKO applied for license renewal of WOR-TV in New York (now WWOR-Channel 9, technically Secaucus, NJ), the FCC conditioned the renewal on the Boston case as well.
SIDEBAR: Another Boston FCC case lasted 15 years – not the record, but from sign-on to sign-off – and involved the former WHDH-Channel 5. The DuMont Television Network applied for a construction permit for the channel, but shut down its network before getting it. The Boston Herald Traveler Corporation got the license, signed on in 1957, and shortly after, the FCC started investigating allegations of impropriety in the granting of the television license. (Allegedly, the controversy was over luncheon meetings the newspaper’s chief executive had with an FCC commissioner during the original licensing process.) So the old channel 5 (WHDH) never had a license longer than six months at a time while the standard was three years.
ABC-TV’s Video ID w/WCVB-TV Boston Byline – Late 1977
Eventually, the FCC ordered comparative hearings and in 1969, a local group called Boston Broadcasters was granted a construction permit for a new station on channel 5 called WCVB after it promised to air more local programming than any other station in America at the time. That’s even though the old channel 5 (WHDH) often broadcast more local programming than any other commercial TV station in Boston. Herald-Traveler Corporation lost its court case in 1972 and WCVB went on the air in its place. Luckily, everyone on the old channel 5 moved to the new channel 5 which still broadcasts from the suburb of Needham, since the old WHDH-TV refused to sell its studios, transmitter and tower to the new WCVB, which is now owned by Hearst.
NOW BACK TO THE STORY: In June, 1974, an administrative law judge renewed the WNAC-Channel 7 Boston license even after finding General Tire and RKO General had engaged in reciprocal trade practices. In December, 1975, a company competing for the license called Community Broadcasting asked the FCC to revisit the case. It alleged General Tire bribed foreign officials, maintained a slush fund for U.S. political campaign contributions, and misappropriated revenue from overseas operations. RKO denied all the allegations during a year-and-a-half series of proceedings. Then, in July, 1977, General Tire admitted to an eye-popping litany of corporate misconduct, including the bribery and slush fund charges, in order to settle an action brought by the Securities and Exchange Commission. But the TV situation wasn’t over yet. Still, the RKO proceedings dragged on!
Finally, in 1980, after a half-decade of hearings and investigations, the FCC stripped RKO of WNAC’s license. It found RKO “lacked the requisite character” to be the station’s licensee and gave as examples, the reciprocal trade practices of the 1960s, false financial filings by RKO, and General Tire’s gross misconduct in non-broadcast fields.
But the worst was RKO’s dishonesty before the FCC. During hearings, RKO withheld evidence of General Tire’s misconduct, including the fact the SEC had been investigating the company in 1976. RKO also denied it had improperly reported exchanges of broadcast time for various services, despite indications to the contrary in General Tire’s 1976 annual report. So the FCC found RKO had displayed a “persistent lack of candor” over its own and General Tire’s misdeeds, which threatened “the integrity of the Commission’s processes.” That FCC ruling meant RKO lost the KHJ-TV Los Angeles and WOR-TV New York licenses as well.
RKO appealed to the District of Columbia U.S. Court of Appeals, which upheld the revocation solely on the basis of RKO’s lack of candor. It wrote in its opinion, “[t]he record presented to this court shows irrefutably that the licensee was playing the dodger to serious charges involving it and its parent company.” But the court interpreted the candor issue so narrowly that it applied only to WNAC-TV, and ordered rehearings for WOR and KHJ. RKO General appealed again, this time to the U.S. Supreme Court. In 1982, SCOTUS refused to review the license revocation, and it was over. RKO General sold WNAC’s assets to New England Television (NETV), a new company from the merger of Community Broadcasting and another competitor for the license, the Dudley Station Corporation. The FCC granted a full license to NETV on channel 7, which it renamed WNEV-TV. Since then, the station changed its call letters to WHDH-TV, had low ratings, and was sold to Ed Ansin’s Sunbeam Television Corporation. (This WHDH has no relation to the old WHDH-Channel 5.)
It could’ve been worse. In 1983, the FCC began taking competing applications for all of RKO’s broadcasting licenses, but Congress passed a law sponsored by Sen. Bill Bradley requiring the commission to automatically renew the license of any commercial VHF-TV station relocating to a state without one, meaning New Jersey and Delaware. Two months later, RKO General officially changed WOR’s city of license from New York to Secaucus, NJ, where it remains on paper. The FCC made the station move its main studio there and step up coverage of events in the Garden State. Still, WOR maintained its identity as a New York station. (It’s now owned by Fox, which also owns WNYW-Channel 5, and got rid of channel 9’s newscasts.)
In 1984, RKO sold its Radio Networks operation to United Stations. In 1986, under pressure, RKO put WOR up for sale. MCA/Universal won the bidding war and the FCC approved the purchase. In 1987, MCA changed the call letters to WWOR. (Remember the slogan Universal 9, about 15 years before NBCUniversal was formed?)
RKO was lucky it sold WOR. In 1987, an FCC administrative law judge found it unfit to be a broadcast licensee due to a long history of deceptive practices he called the worst case of dishonesty in FCC history, and ordered RKO to surrender the licenses for its two remaining two TV stations and 12 remaining radio stations. RKO declared all of the employees responsible for the misconduct had been fired and appealed, claiming the ruling was deeply flawed. But the FCC made it clear it would probably reject any appeals and strip the licenses, and urged RKO to sell everything before that became necessary.
In 1988, under an FCC-supervised deal, the license of KHJ-Los Angeles was granted to Fidelity, the company that had originally challenged RKO General. Fidelity then transferred it to Disney, before it bought ABC, for $324 million. RKO got about two-thirds and Fidelity got the rest. By 1991, everything was sold. (Fort Lauderdale-Miami’s WAXY-FM 105.9 – which labeled itself “an RKO radio station” before giving its call letters, near the end – was sold in 1990. That was 28 years ago! Unbelievable!)
“When people are making comparisons between your station group and RKO General, you know you have screwed up.”
I think there are too many changes going on in the industry right now as technology improves so quickly. Jessell mentioned certain former FCC commissioners would’ve gone the RKO route with Sinclair. I agree because now more than ever, broadcasters use the public airwaves and must pay us back with public service under tougher rules than its competitors. And the FCC needs complete and total honesty, with so much on its hands.
Sinclair needs to be brought down similarly for all it has done, with the same family as owners and no concern for anything but profit over the decades. The stations should be separated. Local broadcasters or broadcasting groups with no other industry interests should be given first shot at the stations. Then, they can hire experienced people with original ideas, and decisions would be made right there in the studio building.
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One thing Sinclair failed to do after telling the FCC it was withdrawing the deal was asking the administrative law judge, who FCC commissioners unanimously recommended look into Sinclair’s representations during the Tribune negotiations, to end his planned hearing. The FCC’s Enforcement Bureau said it had no problem if the hearing was terminated.
This is a world of bigger and bigger broadcasting companies – in part because of competition from cable, satellite and the internet – but as I’ve said about a million times, the broadcasters have special responsibilities since they use the public airways. And they need a tougher FCC to keep them, and the newer companies, in line.
Anyway, 
Are you hearing this, shareholders?
And President Trump’s son-in-law and advisor Jared Kushner said Sinclair executives worked with the campaign to spread pro-Trump messages in Sinclair newscasts when he was running against Hillary Clinton, which Sinclair vehemently denied.
A year later, in April 2018, 
The trouble began in 1965. RKO General applied for license renewal of KHJ-TV in Los Angeles (now KCAL-Channel 9). A local group, Fidelity Television, challenged it, charging RKO with second-rate programming, and later and more seriously, that General Tire conditioned its dealings with certain vendors on the basis they’d buy advertising time on RKO General stations. These “reciprocal trade practices” are considered anti-competitive. RKO and General Tire executives testified before the FCC and rejected the accusations. Four years later, in 1969, the commission issued an initial finding that Fidelity’s claims were correct.
Four years later, in 1973, the FCC ruled in favor of RKO in the Los Angeles case, pending findings in the still-ongoing Boston investigation. The next year, in 1974, when RKO applied for license renewal of WOR-TV in New York (now WWOR-Channel 9, technically Secaucus, NJ), the FCC conditioned the renewal on the Boston case as well.
