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Commentary: Who's responsible for the aviation mess? Transportation Secretary Duffy says it's everyone but him

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Commentary: Who's responsible for the aviation mess? Transportation Secretary Duffy says it's everyone but him

Picking out the worst performer among Donald Trump’s Cabinet appointees is a tough job — it’s a competitive race, after al l— but one member who deserves to be in the running by almost any measure of incompetence is Sean Duffy, the secretary of Transportation.

Duffy is a classic example of someone who knows who’s responsible for the screwups on his watch, and it’s never him.

He has spent the last weeks and months blaming the Biden administration for numerous operational failures in our air traffic system since he took over. Those include the Jan. 29 midair collision over Washington, D.C., that cost 67 air passengers their lives, as well as several near-misses on the ground.

I think we need to be a little bit more precise in downsizing a department with a mission as critical as DOT’s.

— Rep Steve Womack (R-Ark.)

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Some Trump Cabinet members have more important portfolios than Duffy —Homeland Security Secretary Kristi Noem and Defense Secretary Pete Hegseth, neither of whom has displayed anything approaching basic competence at their job, come immediately to mind.

But the American public is bound to be particularly sensitive to the functioning of our transportation infrastructure. That’s especially true when it comes to the safety and reliability of air travel; every flight delay and safety-related mishap hits American travelers in the gut.

The highest-profile failure (so far) is the disaster named Newark Liberty International Airport, where flight delays can last for the better part of a day and questions about safety are rife.

Duffy, a former reality show contestant and four-term congressman, comes to the blame game with dirty hands. Let’s take a look.

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First, here’s what he’s said about the condition of FAA operations and staffing.

“I think it is clear that the blame belongs with the last administration,” he said Monday during a news conference at DOT headquarters. “Pete Buttigieg and Joe Biden did nothing to fix the system that they knew was broken.” He said, “During COVID, when people weren’t flying? That was a perfect time to fix these problems.”

A couple of points are pertinent here. First, in 2019, when Duffy was a Republican member of Congress from Wisconsin, the bill to fund the Department of Transportation among other agencies came before the House. Duffy voted against it. So did 179 other members of the GOP caucus; 12 Republicans joined the Democrats to pass the measure.

Second, the pandemic year in which “people weren’t flying” was 2020. That year, the domestic passenger count plummeted to 369.4 million from 926.7 million the previous year. It was the lowest figure since 1984.

Who was president in 2020? Not Biden, but Donald Trump.

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After 2020, passenger loads crept back up, reaching 666.2 million in 2021 and continuing higher to the record of 982.7 million last year. If there was an opportunity to upgrade the air traffic system at the least inconvenience to passengers, it was 2020. But nothing was done then, on Trump’s watch.

I asked the Department of Transportation last week if Duffy could reconcile these evidently misleading and inconsistent statements. I’m still waiting for a reply.

Duffy has maintained that it’s still safe to fly in and out of Newark, despite outages during which air traffic controllers’ screens went black and radios went silent — for 30 seconds on April 28 and 90 seconds on May 9. A backup system failed at the airport May 11 for 45 minutes, causing delays and cancellations for hundreds of flights.

Duffy admitted to the right-wing radio host David Webb on May 12 that he had switched his wife’s flight reservation for the next day from Newark to LaGuardia airport. He subsequently explained that he didn’t say to do so because he thought Newark was unsafe, but to spare her a long delay. In other words, he had found a solution for his family, but not for the overall traveling public, which didn’t speak well for his management of the mess at Newark.

It’s proper to note that the Federal Aviation Administration has been in an operational funk for years. Duffy can try to blame Biden, but that’s a smokescreen. During Trump’s first term, when the FAA’s problems were well known, hiring and deployment of air traffic controllers actually shrank from the level during the Obama administration according to the DOT’s inspector general, to the point where staffing “could not keep pace with attrition.”

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In the first budget he submitted after taking office in 2017, Trump proposed slashing the DOT budget by 13%. The budget plan called for cutting 30,000 workers from the FAA staff.

The problems date back even further — at least to 1981, when Ronald Reagan fired 11,000 air traffic controllers at a single blow to break their union. A frenzy of hiring and training followed, but the replacement cohort has passed its retirement age. The FAA is currently about 3,000 controllers shy of its target staffing, so the people on the job are stretched to their breaking point.

It isn’t as if Trump and Duffy pulled out all the stops to fix the FAA’s chronic problems upon taking office. Some 3,000 “probationary” employees at the agency were fired during a DOGE rampage, according to a count by the Professional Aviation Safety Specialists, the union representing safety and technical workers at the FAA, and a statement by Rep. Steve Womack (R-Ark.), chair of the subcommittee overseeing the Transportation Department budget. The probationary firings and two subsequent rounds of buyouts will bring staffing at the DOT down by 12% since Trump took office.

During appearances last week before the House and Senate appropriations committees, Duffy boasted about saving taxpayers nearly $10 billion during the first 100 days of the Trump administration. That provoked Womack to riposte, “I think we need to be a little bit more precise in downsizing a department with a mission as critical as DOT’s. … The question is pretty simple: How many departures can you handle without eroding the ability to carry out a safe and effective mission?”

“We can do more with less, Mr. Chairman,” Duffy replied. When staff accept buyout offers to retire or resign, he said, “we should take them up on that. … If I have people who don’t want to be there, let’s get some people in who are hungry to do the work.” Indeed, after the first round of firings at the FAA, DOGE boss Elon Musk issued a public appeal that air traffic controllers who had “retired, but are open to returning to work, please consider doing so.”

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Furthermore, Trump’s freeze on disbursement of funds from Biden’s Infrastructure Investment and Jobs Act and Inflation Reduction Act encompassed modernization projects at airports nationwide.

Musk’s fingerprints were also on the resignation of FAA Administrator Michael Whitaker, a former airline executive and former FAA deputy administrator who had been unanimously confirmed to a five-year term in October 2023. Whitaker resigned as of Jan. 20 after clashing with Musk over the FAA’s oversight of SpaceX, which Musk owns.

Trump has nominated Republic Airways Chief Executive Bryan Bedford as his replacement, but Bedford hasn’t been confirmed.

During his Senate appropriations committee testimony on Thursday, Duffy maintained that his budget cuts and firings hadn’t compromised safety at all. He specifically denied that any air traffic controllers had been fired or offered buyouts.

Unfortunately for Duffy, Sen. Patty Murray (D-Wash.), a lawmaker whose mild demeanor masks her habit of coming to a debate with hard information in hand, was in the room. She listed for Duffy all the steps he had taken that had caused “unacceptable chaos” in the air transport system.

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Since Jan. 20, she said, “virtually every dollar and transportation project has been held up at some point. You are causing a traffic jam, from freezing funding for projects to creating new hurdles by reevaluating grants that had already been approved, adding red tape by forcing unacceptable political demands on state and local transportation agencies, and outright canceling and cutting grants. … No prior Transportation secretary has cut funding for previously awarded grants in this manner.”

As for Duffy’s blaming the Biden administration “for absolutely everything,” Murray continued, “the last administration did not make the decision to hold up thousands of grants, had nothing to do with the new red tape that you have created, and certainly did not let go of hundreds of staff to help get those grants out the door.”

Turning to Duffy’s assertion that no air traffic controllers had been fired or bought out, Murray told him, “While you talk about modernizing the air traffic control system, you have forced out more than 2,000 FAA employees who support those air traffic controllers — the technicians, the mechanics, the engineers, the IT specialists at the FAA who were working on modernization.”

Duffy, indeed, stepped on his own arguments. He complained that the Biden administration had saddled him with some 3,200 contracts that had been awarded but needed to be signed. But he acknowledged that he had to go through those contracts to eliminate provisions he thought smacked of “wasteful DEI and climate requirements.” These are ideological shibboleths and by no means “wasteful,” since DOT projects have manifest effects on the welfare of residents in the communities where they’re built or planned and on climate change itself.

As it happens, on April 24, Duffy sent a letter to all recipients of DOT funds —effectively virtually every state and thousands of local jurisdictions, warning them that pursuing “DEI goals … violates federal law.” He threatened explicitly to withhold DOT funding from jurisdictions that fail to cooperate with federal immigration authorities. This is the “red tape” that Murray referenced.

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Whether DEI programs and failures to cooperate with federal immigration roundups really violate federal law, as Duffy asserted, is not remotely a settled legal question, but the matter is before federal judges across the land. The fact that Duffy is wasting his time by making these threats and combing through awarded contracts to ferret out such putative violations is, however, a settled question: Of course he is.

It may not be long now before Duffy’s ideological vetting of transportation contracts and his decimation of the working staff at the FAA cause even greater disruptions in the air and on land, potentially with fatal consequences. His efforts to blame everyone else for his own failures are sure to have a very short half-life. Raise your tray tables and your reclining seats, and fasten your seat belts. We may be coming in for a hard landing.

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Waymo reports teen riders for bad behavior and delivers them to the police

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Waymo reports teen riders for bad behavior and delivers them to the police

Robotaxis could be turning into robocops.

A self-driving Waymo reported two teens to San Mateo, Calif., police on Monday after they were found drinking alcohol and shooting toy guns in the back of the vehicle.

According to a social media post from the San Mateo Police Department, officers detained two 15-year-olds after the Waymo they were riding in contacted the department and stopped in a parking lot until law enforcement arrived.

“Parents do you know where your teens are?” the San Mateo Police Department wrote on Facebook following the incident. “Waymo does!”

Officers removed both teens from the vehicle and determined they were using toy guns to shoot Orbeez out the windows. Orbeez are small, water-absorbing beads sold at toy stores.

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“Toy guns, water guns, and BB guns all pose real dangers, especially to an untrained eye,” the Police Department said. “The simple handling of them can cause fear in [passersby].” “

A video posted on Facebook shows at least five officers and a police dog responding to the scene and approaching the Waymo with their weapons raised.

Waymo did not immediately respond to a request for comment.

Waymo vehicles have internal cameras and microphones that may be used in an emergency or to “promote safety and security,” according to Waymo’s online support page.

The cameras are also used to ensure the vehicles are clean and to help find lost items, according to the support page.

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The company said it does not use facial recognition or other biometric identification technologies to identify individuals.

“In more urgent circumstances, support may access live video during a trip,” the Waymo page said.

The San Mateo Police Department’s Facebook post has garnered nearly 60 comments, with one user accusing Waymo of “snitching.”

“At least they got a designated driver?!” one user commented.

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Commentary: How right-wing anti-transgender attacks led to a Supreme Court ruling upholding sex discrimination

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Commentary: How right-wing anti-transgender attacks led to a Supreme Court ruling upholding sex discrimination

At the Supreme Court, the unfounded fear of boys masquerading as girls in youth sports rolled the clock back on gender equality.

On the surface, the Supreme Court’s June 30 opinion upholding state laws barring transgender girls from women’s and girl’s sports teams looks like a victory for women’s rights.

The 6-3 opinion by Justice Brett M. Kavanaugh certainly presents itself that way. “Females and males have inherent physical differences relevant to athletic performance,” Kavanaugh wrote. “Therefore, in contact sports, forcing female athletes to compete against males can create significant safety risks.” He also asserted that “forcing female athletes to compete against males can undermine competitive fairness.”

The ruling applied to prohibitions enacted in Idaho and West Virginia against “biological” males’ participation on women’s teams in public schools. Federal judges in both states overturned the bans. The Supreme Court majority restored them. The ruling essentially upholds similar bans enacted in 25 other states.

There was no record of any transgender person participating in school sports in the State, let alone any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.

— Justice Sonia Sotomayor, demolishing the Supreme Court’s argument in favor of banning transgender girls from girl’s sports

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Kavanaugh, like Donald Trump and others in the anti-transgender camp, maintained that one’s gender is an immutable fact of life, established even before birth.

Anything else, Trump stated in an executive order he issued on inauguration day 2025, could only be the product of “gender ideology extremism.” The U.S., his order stated, recognizes “two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality.” That’s a “biological truth,” he declared.

In his own version of this overconfident and factually insupportable conclusion, Kavanaugh wrote: “As all agree, females and males have inherent physical differences relevant to athletic performance.”

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Science recognizes that some people are “born with sex traits that don’t fit into typical male or female patterns,” to cite a discussion on the Cleveland Clinic web page on the topic “intersex.” The condition “may involve chromosomes, hormones, reproductive organs or genitals.”

From a psychological standpoint, medical science recognizes “gender dysphoria” as a real condition often requiring counseling and medical intervention such as the use of puberty blockers and hormones to stave off the development of secondary sex characteristics until the condition can be resolved.

No one disputes that there are physical differences between the sexes. Few would dispute that on average or even at the median, males may be bigger and more powerful than females, or that in certain contact sports the difference may be telling and on occasion dangerous.

But that’s not the same as asserting that the physical differences between males and females invariably mean that men will invariably prevail over women in all competitions or that their participation will endanger women.

The International Olympic Committee — in a policy statement Kavanaugh cited incompletely — says that in “most running and swimming events,” males have a 10% to 12% advantage over women. That’s a range that would accommodate the full spectrum of outcomes — transgender females win, cisfemales win, they tie. (The “cis” prefix denotes those living consistent with their birth gender.)

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West Virginia and Idaho addressed this ambiguity by banning transgender women from all girls’ teams. So under their rules transgender girls can’t play football or soccer with cisgirls. But what’s the argument in favor of banning them from the 100-yard dash, or cross-country track, or diving, or archery?

But something else is going on here. The Supreme Court’s ruling was almost preordained, given the years-long campaign by conservatives to demonize transgender individuals as if they’re members of an alien species.

It will be recalled that during his presidential campaign, Trump spun a despicable fantasy in which children were kidnapped in school and secretly subjected to sex-change operations.

Trump’s executive order wiped out policies aimed at protecting transgender adults from discrimination. He moved to outlaw gender-affirming medical therapies for anyone under 19 by cutting off federal funding for healthcare institutions that provide such care.

He banned transgender individuals from serving in the military and ordered federal prison officials to move transgender inmates into the general populations consistent with their birth genders, which exposes them to physical assault. (Federal Judge Royce Lamberth of Washington, D.C., has blocked the government from transferring three transgender women into the male prison population or terminating their hormone treatments.)

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I wrote during Trump’s first term, when his anti-transgender policies were still gestating, that the goal was to show that “one can target any community, as long as it doesn’t have a strong political voice or political power. These are the actions of bullies and cowards, pretending to be strong.”

Last year, the Supreme Court struck its first blow against transgender rights by upholding a Tennessee law banning transgender care, including puberty blockers and hormone therapy, for minors. Similar laws have been enacted in 25 other states. The majority in that ruling by Chief Justice John G. Roberts Jr. was identical to the one in the June 30 ruling — Roberts, Kavanaugh, and Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Amy Coney Barrett.

Who are the targets of this ideological campaign? They number only about 1.6 million U.S. adults, or one-half of 1% of the U.S. population. About 300,000 adolescents ages 13 to 17, or 1.4%, identify as transgender, according to a study by UCLA School of Law.

In West Virginia, as Justice Sonia Sotomayor observed in her dissenting opinion, “there was no record of any transgender person participating in school sports in the State, let along any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.”

In endorsing the flat bans directed at transgender women in Idaho and West Virginia, Kavanaugh argued that any attempt to implement case-by-case judgments of students’ requests to join sports teams inconsistent with their biological gender would create “an enormous practical and administrability problem.”

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Is that so? That wasn’t the case in Maine, where the annual K-12 population is more than 170,000. There, a committee was charged with determining whether a student’s participation in a sport consistent with their gender identity but inconsistent with their biological sex would “result in an unfair athletic advantage” or present a risk of injury to others. The committee held 56 hearings from 2013 through 2021, or an average of seven per year. During the entire time span, only four involved transgender girls. (The outcome of those hearings couldn’t be learned.)

It was Maine’s policy, one might recall, that provoked a confrontation between Trump and Maine Gov. Janet Mills at the White House last year, when Trump threatened to withhold federal funding from the state unless it barred transgender students from competing on women’s sports teams. “We’ll see you in court,” Mills snapped.

Whether the Idaho and West Virginia laws genuinely protect girls from unfair competition is questionable. (The Idaho law is styled the “Fairness in Women’s Sports Act.”) In practice, the laws may subject women in public schools to “invasive sex verification procedures,” as educational expert George Theoharis of Syracuse University wrote after the court ruling.

They’re also based on a retrograde view of women as fragile creatures needing men’s protection, Theoharis wrote — “the same logic that has historically been used to justify excluding women from making their own healthcare decisions and girls from rigorous math and science; that physically demanding work is simply beyond them.” (There don’t appear to be any state laws barring transgender women from competing in men’s sports.)

Becky Pepper-Jackson, the plaintiff in the West Virginia case, in which she is identified only as B.P.J., is the only transgender girl who sought to join girl’s teams — track and cross-country — in the state. That was in 2021, just after West Virginia passed its law and she was about to enter sixth grade. She didn’t appear to pose any competitive risk to others on the track and cross-country teams she applied to join — her lawyers told the Supreme Court that on those no-cut teams, she “came in near the back.”

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Anyway, she had not gone through male puberty, which theoretically might have endowed her with a competitive advantage, because she had been taking puberty blockers and female hormones.

Thanks to the court’s ruling, Sotomayor observed in a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, West Virginia can deny Becky access to school sports “because it thinks they have an inherent athletic advantage, even if the facts show that they do not.”

B.P.J., Sotomayor wrote, “cannot practice on girls’ teams, even if she would not take anyone’s spot in an eventual competition, even if everyone who tries out for the team makes it, and even if having the chance to participate could aid immensely in treating B. P. J.’s gender dysphoria.”

So whose interest was really protected by the Supreme Court?

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Orange County real estate investor pleads not guilty in $100 million bank fraud case

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Orange County real estate investor pleads not guilty in 0 million bank fraud case

An Orange County real estate investor accused of criminally defrauding an Arizona bank of nearly $100 million pleaded not guilty Monday and remains in custody.

Mahender Makhijani, 44, of Corona del Mar — who also was ordered by an arbitrator to pay $1.34 billion in a separate civil fraud case — was arraigned in Santa Ana federal court on two charges.

He is accused of bank fraud and making a false statement to a bank in a June 8 case involving a $100 million real estate loan made by Phoenix-based Western Alliance Bank. He was taken into custody on June 10.

Makhijani is accused of providing bogus collateral for the October 2024 loan now in default. In a civil lawsuit, Western Alliance said the outstanding balance as nearly $99 million.

Prosecutors say he falsified title insurance policies that showed the bank would have a first lien on the underlying collateral if the loan went bad, when in fact it did not.

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A trial was set for August 11 before U.S. District Judge David O. Carter in Santa Ana.

Michael Schachter, his criminal defense attorney, did not respond to messages seeking comment.

In the civil case, an arbitrator in May ordered Makhijani to pay Laguna Beach real estate mogul Mohammad Honarkar $1.34 billion after ruling he had fraudulently induced him into a 2021 joint venture — and then wrested control and lost to creditors more than two dozen properties Honarkar had owned.

Makhijani has not been criminally charged in that case, but prosecutors alleged in an affidavit in support of the bank fraud charges that he used “force and threats” in his dealings with Honarkar and others — including taking over the landmark Hotel Laguna in 2023 that Honarkar was renovating.

Prosecutors sought to hold Makhijani without bail after his arrest.

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The affidavit noted he is a legal Indian immigrant with a home and bank accounts in that country, has access to private jets and threatened to “run away” if caught in a difficult situation.

The request was denied and he was granted $500,000 bail.

However, Makhijani remains in custody after a hearing sought by prosecutors last month before Magistrate Judge Autumn Spaeth.

The judge declined to accept a $450,000 cashier’s check submitted by a Makhijani associate for the bail, finding insufficient proof the source of the funds was legitimate, according to court records.

Makhijani is not prominent outside Orange County real estate circles, but he established a thriving distressed-assets business over the last decade that attracted prominent Southern California real estate investors.

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Prosecutors said it paid for a lifestyle that included two multimillion-dollar homes in Corona del Mar, a luxury apartment in Newport Beach and various luxury vehicles.

As of last month, prosecutors had not fully traced his assets, which they believe are not held in his name and some of which may be in India.

The businessman employed an array of shell companies and strawmen to sign documents on his behalf, and to stand in for him as operators of his companies, according to the affidavit.

Makhijani told an associate he took extra precautions because wanted to insulate himself from litigation and that “they were sharks in the distressed world who took advantage of people,” the affidavit stated.

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