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26/6/20, 12:42 pm How Companies Turn Your Facebook Activity Into a Credit Score | The Nation Page 1 of 28 https://www.thenation.com/article/archive/how-companies-turn-your-facebook-activity-credit-score/ T TECHNOLOGY SOCIAL MEDIA FEATURE JUNE 15, 2015 ISSUE By Astra Taylor and Jathan Sadowski MAY 27, 2015 f t m P How Companies Turn Your Facebook Activity Into a Credit Score Welcome to the new Wild West of data collection without regulation. N icole Keplinger, 22, had long seen ads on Facebook promising financial relief, but she always ignored them and assumed that they were S

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TECHNOLOGY SOCIAL MEDIA FEATURE JUNE 15, 2015 ISSUE

By Astra Taylor and Jathan Sadowski

MAY 27, 2015

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How Companies Turn YourFacebook Activity Into aCredit ScoreWelcome to the new Wild West of data collection withoutregulation.

NN icole Keplinger, 22, had long seen ads on

Facebook promising financial relief, but she

always ignored them and assumed that they were

Share

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scams. Keplinger was drowning in student debt after

obtaining a worthless degree from the for-profit

Everest College, whose parent corporation,

Corinthian Colleges Inc., had recently collapsed

under accusations of fraud and predatory lending. But

when an offer arrived in her e-mail inbox in April

—“Cut your student loan payment or even forgive it

completely!”—she thought it seemed more legitimate

than the rest, so she called the number.

The person on the other end was aggressive. “They

wanted my banking information, my Social Security

number, my parents’ number and their information. I

was like, ‘Wait a minute,’” Keplinger recalled. Even

after she said that she lived on a fixed income (on

disability due to a kidney transplant), the

telemarketer kept up the pressure. “They said I

needed to get a credit card. I don’t know if they were

going to take money off it or what… but why do I need

to get a credit card if I’m trying to reduce my student

loans?”

Keplinger lied and said she’d call back, but not

everyone gets away. If she disclosed her bank

information, her loans most certainly would not have

been cut or forgiven. At best, she would have been

charged a large fee for something she could do

herself: get on government repayment programs such

as forbearance or deferment. At worst, she might have

had the money debited each month from her bank

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account without any benefit provided in return, or

been ensnared by a “phantom-debt collector”—a

distressingly common racket that involves telling

people they owe phony debts and scaring them into

paying. It’s the perfect ploy to attempt on people who

have already been preyed upon by unscrupulous

outfits like Corinthian and who, having been misled

and overcharged, are understandably confused about

how much money they owe. At the same time, the fact

that Keplinger was e-mailed in addition to seeing ads

on Facebook suggests that her information was in the

hands of a “lead generator,” a multibillion-dollar

industry devoted to compiling and selling lists of

prospective customers online.

Welcome to a new age of digital redlining. The term

conjures up the days when banks would draw a red

line around areas of the city—typically places where

blacks, Latinos, Asians, or other minorities lived—to

denote places they would not lend money, at least not

at fair rates. “Just as neighborhoods can serve as a

proxy for racial or ethnic identity, there are new

worries that big data technologies could be used to

‘digitally redline’ unwanted groups, either as

customers, employees, tenants, or recipients of

credit,” a 2014 White House report on big data warns.

Thus, rather than overt discrimination, companies

can smuggle proxies for race, sex, indebtedness, and

so on into big-data sets and then draw correlations

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and conclusions that have discriminatory effects. For

example, Latanya Sweeney, former chief technologist

at the Federal Trade Commission, uncovered racial

bias on the basis of Google searches: black-identifying

names yielded a higher incidence of ads associated

with “arrest” than white-identifying names. It’s

discrimination committed not by an individual ad

buyer, banker, or insurance broker, but by a bot. This

is likely what happened to Nicole: Facebook’s huge

repository of data has strong indicators of users’

socioeconomic status—where they attend school,

where they work, who their friends are, and more—

and the company targets them accordingly. In May,

Facebook and IBM announced a partnership that will

result in the two tech giants combining their vast data

troves and analytics in order to achieve

“personalization at scale.”

The authors of this article saw this firsthand when

one of us (Astra) opened a second Facebook account

to communicate with Corinthian students: Her

newsfeed was overrun by the sorts of offers Nicole

sees regularly—in stark contrast to the ads for

financial services, such as PayPal and American

Express, that she normally gets. Such targeting isn’t

obvious to most users, but opening a new profile and

associating primarily with students from a school

known to target low-income people of color, single

mothers, veterans, and other vulnerable groups

cracks a window onto another Facebook entirely.

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* * *

Longstanding consumer protections should, in

principle, apply to the digital landscape. The use of

data-driven methods for judging people’s

creditworthiness goes back a century. Before the

passage of the Fair Credit Reporting Act in 1970,

consumer-reporting bureaus would gather

information on everything they could find about

people—whether true or fabricated, fair or unfair,

relevant or irrelevant—and then provide it to

creditors. Your dossier was likely to contain whatever

information they could get away with collecting or

making up about you. So, if you were considered a

sexual deviant, a drunk, a troublemaker, an adulterer,

or whatever else, it was all fair game if a creditor was

willing to pay for that information. The FCRA was

meant to limit these practices by putting an end to

the collection of “irrelevant” information and

establishing rules for the “permissible” uses of

consumer reports. In 1974, Congress passed the Equal

Credit Opportunity Act, which added more bite to

financial regulations by making it illegal for creditors

to discriminate against applicants on the basis of race,

religion, national origin, sex, marital status, age, or

receiving public assistance. Cases brought under

ECOA have often focused on the presence of human

bias in making credit decisions—think of an African-

American woman walking into a lender’s office and

receiving unfair rates based on her race or gender.

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Of course, the days when creditworthiness was

assessed in one-on-one meetings are long gone.

Today, lenders, employers, and landlords rely on

credit-scoring systems like the widely used FICO

score, which take data from an individual’s consumer

report and derive a metric of his or her risk. These

scores allow for automated decision-making, yet

there’s evidence that such systems have not

eliminated bias, but rather enshrine socioeconomic

disparities in a technical process.

Though deeply flawed, credit scores and consumer

reports are immensely consequential in many facets

of our lives, from obtaining a loan to finding a job to

renting a home. The lack of a score—or a lower score

than one actually deserves—can mean higher interest

rates within the mainstream banking system, or being

forced into the arms of check-cashing services and

payday lenders. Scores can become “self-fulfilling

prophecies, creating the financial distress they claim

merely to indicate,” as legal scholars Danielle Citron

and Frank Pasquale have observed. The worse your

score, the more you’re charged—and the more you’re

charged, the harder it is to make monthly payments,

which means the worse you’re ranked the next time

around.

With the sheer quantity of data that can be collected

online, FICO scores are just the tip of the iceberg.

“Now the system has exploded, where you’ve got all

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these actors that you don’t actually have a

relationship with: network advertisers, data brokers,

companies that are vacuuming up information,” says

Ed Mierzwinski, consumer-program director at the

United States Public Interest Research Group

(USPIRG). This information comes from sources both

online and off-line: Thousands of data brokers keep

tabs on everything from social-media profiles and

online searches to public records and retail loyalty

cards; they likely know things including (but not

limited to) your age, race, gender, and income; who

your friends are; whether you’re ill, looking for a job,

getting married, having a baby, or trying to buy a

home. Today, we all swim in murky waters in which

we’re constantly tracked, analyzed, and scored,

without knowing what information is being collected

about us, how it’s being weighted, or why it matters—

much of it as irrelevant and inaccurate as the hearsay

assembled during the early days of consumer

reporting.

Making things even more muddled, the boundary

between traditional credit scoring and marketing has

blurred. The big credit bureaus have long had

sidelines selling marketing lists, but now various

companies, including credit bureaus, create and sell

“consumer evaluation,” “buying power,” and

“marketing” scores, which are ingeniously devised to

evade the FCRA (a 2011 presentation by FICO and

Equifax’s IXI Services was titled “Enhancing Your

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Marketing Effectiveness and Decisions With Non-

Regulated Data”). The algorithms behind these scores

are designed to predict spending and whether

prospective customers will be moneymakers or

money-losers. Proponents claim that the scores

simply facilitate advertising, and that they’re not used

to approve individuals for credit offers or any other

action that would trigger the FCRA. This leaves those

of us who are scored with no rights or recourse. While

federal law limits the use of traditional credit scores

and dictates that people must be notified when an

adverse decision is made about them, the law does not

cover the new digital evaluation systems: You are not

legally entitled to see your marketing score, let alone

ensure its accuracy.

The opacity and unaccountability of online

consumer-credit marketing negatively affect not only

those individuals who get a bad deal or financial offer;

there is evidence that these personalized predatory

practices played a role in the subprime-mortgage

bubble and subsequent financial crisis. “From 2005 to

2007, the height of the boom in the United States,

mortgage and financial-services companies were

among the top spenders for online ads,” write

Mierzwinski and Jeff Chester in a scholarly article on

digital decision-making and the FCRA. Companies

like Google, Yahoo, Facebook, and Bing make billions

a year from online financial marketing. Lead

generation specifically “played a critical, but largely

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invisible, role in the recent subprime-mortgage

debacle.” Since 2008, when the crash occurred, the

capabilities for tracking and targeting have become

only more sophisticated.

Proof of discrimination in online microtargeting is

notoriously hard to come by. How can you tell if

you’re being targeted with an advertisement for an

inferior or bogus financial product because data

brokers have deemed you part of the “rural and barely

making it,” “probably bipolar,” or “gullible elderly”

market segments? Or if you’re being offered a jacked-

up interest or insurance rate based on your race,

gender, neighborhood, or health condition? Or

whether you’re receiving offers for a subprime

financial product because a marketing score flags you

as a risk, or you’ve been caught in a lead generator’s

snare?

“Measurement is an enormous challenge,” says Aaron

Rieke of Upturn, a technology-policy-and-law

consulting firm. “You see one ad and I see another. It’s

often impossible for a researcher on the outside to

find out why. Maybe an ad buyer ran out its budget.

Maybe we were profiled differently. Maybe the ads

were geotargeted.”

To date, the best indication of potentially

discriminatory practices is the marketing literature

and public boasting that companies produce

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themselves. A recent white paper on “Civil Rights and

Big Data, and Our Algorithmic Future,” which Rieke

helped write, contains a prime example: “At an annual

conference of actuaries, consultants from Deloitte

explained that they can now use thousands of ‘non-

traditional’ third party data sources, such as consumer

buying history, to predict a life insurance applicant’s

health status with an accuracy comparable to a

medical exam.” The company does this partly by

incorporating the health of an applicant’s neighbors.

* * *

As many as 70 million Americans do not have a credit

score, or have low scores due to “sparse” or “thin”

files. A variety of start-ups are trying to exploit this

situation under the banner of magnanimously

extending credit to individuals facing a disadvantage

under the traditional financial model. They do this by

bulking up consumer credit files—crunching large

amounts of data and feeding it into proprietary

scoring formulas. The data comes from traditional

sources (such as credit reports) and what some

experts call “fringe alternative data,” which can

include information about shopping habits, web and

social-media usage, government records, music tastes,

location, and just about anything else. The new big-

data-fueled techniques are the innovative ingredients

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needed to “disrupt” the traditional business of

consumer finance and “innovate” different types of

products and services.

ZestFinance, which declined to be interviewed or

comment for this article, leads the pack with a

troubling motto emblazoned on its website: “All data

is credit data.” LendUp, an online lender that

specializes in short-term, small-dollar, high-interest

credit—like the kind offered by payday lenders,

pawnbrokers, and title loans—targets people without

access to other forms of credit who need fast cash to

make ends meet. On the other side of the

socioeconomic spectrum, Earnest—another venture-

capital-backed lending start-up—proclaims that it’s

trying to “build the modern bank for the next

generation, and the mission is better access to credit

to millions of people at earlier ages and at cheaper

prices—and we do that using software and data,”

according to Louis Beryl, the CEO and founder. The

project was born out of Beryl’s difficulty in getting a

loan as a Harvard graduate student: Earnest caters to

middle-class college graduates and offers them low

rates (anywhere from 4.25 to 9.25 percent for personal

loans) and personalized customer service.

These start-ups all tell very similar stories—common

in Silicon Valley—about using technology to benefit

their target population, this time through expanding

opportunities for financial inclusion. But given the

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sky-high rates that some of them offer—the annual

interest rate for loans offered by LendUp and other

similar big-data lenders ranges from 134 percent to

749 percent—they seem little more than high-tech

loan sharks. But while traditional loan sharks can only

get people who walk through their door, online

creditors and marketers have an enormous (and

unsuspecting) population at their fingertips online. In

myriad ways, these companies represent the ongoing

shift of power away from consumers and the erosion

of longstanding protections, yet there has been little

regulatory scrutiny. “In addition to whether they’re

covered by the laws,” says USPIRG’s Mierzwinski,

“there is also the question of whether some of their

algorithms are trying to evade the laws by creating

illegal proxies—and that’s absolutely something that

we’re hoping the [Consumer Financial Protection

Bureau] can use its supervisory authority to figure

out.”

* * *

Officials we spoke to from the CFPB paid tribute to

innovation when asked about the potential impact of

digital technologies on fair lending. But while there’s

no denying that big data, new credit-scoring models,

and financial-services start-ups could be beneficial, in

theory, for disadvantaged communities, market

incentives in practice ensure that stigmatization and

exclusion prevail.

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Scoring systems are technologies of risk management,

and new digital data collection and micro-targeting

further shift the risk—and expense—to those who are

most vulnerable. For example, compare Earnest and

LendUp. The former shows how big data can be used

to benefit consumers—but for Earnest, the risk is only

worthwhile when dealing with a subset of people

whose privilege and financial soundness have yet to

be recognized by the mainstream banking system.

The latter reveals the more common and exploitative

uses of big data to entangle a financially insecure

population with few, if any, alternatives available to

them.

As the digital revolution unfolds, already limited

consumer protections will come under increasing

stress. Both the Consumer Financial Protection

Bureau and the Federal Trade Commission lean on

the FCRA and ECOA, yet plenty of evidence suggests

that new, expanded safeguards are needed, given the

laws’ limits and loopholes. That said, both the CFPB’s

assistant director of fair lending, Patrice Ficklin, and

the FTC’s Julie Brill insist that current laws are up for

today’s challenges. “Whether they’re a large bank or a

small start-up, it is illegal for lenders to discriminate

against consumers,” Ficklin says.

No doubt, the laws currently on the books provide

crucial protections—but experts and advocates warn

that they don’t take into account the disparate

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impacts of the new technology. For example, it’s not

illegal for companies to discriminate based on a

potential customer’s or employee’s personal network

—the people they know and the interests they share

with others online. “The legal fight against

discrimination (or, rather, the legal fight for equality)

may be a long distance from the fight to safeguard

ordinary people—and especially members of

historically marginalized groups—from encountering

unfairness and injustice due to data-driven

discrimination,” says Seeta Peña Gangadharan, a

researcher focused on data profiling and inclusion.

Given this fact, more fundamental reforms are

needed. Brill, for one, has been extremely vocal about

the need for more robust privacy protections in the

form of data-broker regulations that curb data

collection at the source. “I think that we need to give

tools to consumers so that they can control their

information used for marketing, to suppress it or

correct it if they want,” Brill says. “I want to add,

though, that I don’t think consumers can manage all

of this on their own. And that’s why there need to be

some rules around sensitive information—for

instance, health information, information about race,

financial status, geolocation. If that’s going to be used,

consumers need to be told, and they need to say, ‘Yes,

OK, you can use it.’”

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In other words, we need to move from an opt-out

model, where the default setting makes our private

information freely available to thousands of invisible

and unaccountable actors, to one that’s opt-in—a

move that would inevitably constrict the flow of

private data. This is what Brill calls the “right to

obscurity,” a right that will become even more

essential as more and more everyday devices get

networked through the so-called “Internet of things.”

(Imagine a future in which your auto insurer collects

data from a device in your vehicle; this data, because

it isn’t acquired through a third party, isn’t covered by

the FCRA, and consumers have no right to access or

correct the information.)

Data brokers and marketers, not to mention

advertising-dependent tech giants like Google and

Facebook, would not be pleased if such legislation

came to pass. Lobbying associations like the

Consumer Data Industry Association would no doubt

spend huge sums to squelch any reforms, invoking

their First Amendment right to use the data for

whatever purpose they please, and arguing that

advertising and scoring are tantamount to speech,

and privacy equivalent to censorship. In his book The

Black Box Society: The Secret Algorithms That Control

Money and Information, Frank Pasquale points out that

some lawyers are even using First Amendment cases

“as a shield to protect credit rating agencies accused

of wrongdoing during the subprime debacle.”

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Strong data-broker legislation or, better yet, a

baseline, cross-sector privacy law would be an

enormously positive (if unlikely) development in the

United States. Even so, the frame of privacy/obscurity

needs to be expanded. Consider Nicole Keplinger

again. When she and other for-profit-college students

are targeted by scammers on Facebook, the problem

isn’t simply that their privacy has been violated

through the collection of personal information. The

fact that they are treated as quarry by financial

predators raises a deeper issue of fairness. Even in a

scenario in which privacy protections are strong, data

brokers regulated, and the FCRA and ECOA

aggressively enforced, there would be no restrictions

against targeting people who are poor. Discriminating

based on income is as American as apple pie: Unlike

race, religion, sex, or marital status, class is not a

protected class.

Right now, many people insist that a combination of

digital technology and the free market will solve the

problem of financial inclusion, even though it’s a

problem caused by the market itself. Perhaps the very

concept of “consumer protections”—which inevitably

leads to individualized solutions to systemic failures—

is part of the problem. Looking back on the role that

online consumer-credit marketing played in the 2008

crash, it’s clear that consumer protections are in fact

citizen protections. Nothing less than the health of

our entire society is at stake.

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Astra Taylor Astra Taylor is the director of the documentaryfilms What Is Democracy? Zizek! and Examined Life. She has writtenfor The New York Times, The L.A. Times, The Baffler, n+1 and otheroutlets. She is the author of The People’s Platform: Taking Back Powerand Culture in the Digital Age and Democracy May Not Exist, But We'llMiss It When It's Gone (Metropolitan Books)

Jathan Sadowski Jathan Sadowski is a PhD candidate in the humanand social dimensions of science and technology at Arizona StateUniversity.

To submit a correction for our consideration, click here.For Reprints and Permissions, click here.

Also in This IssueLEAH HUNT-HENDRIX AND ASTRA TAYLOR, “‘Tech’ Is

Political—How We Respond to It Needs to Be Just as

Political”

TIM SHORROCK, “How Private Contractors Have

Created a Shadow NSA ”

ELEANOR SAITTA, “The Key to Ending Mass

Surveillance? Math.”

INGRID BURRINGTON, “What Amazon Taught the Cops”

JESSICA BRUDER, “These Workers Have a New Demand:

Stop Watching Us ”

VIRGINIA EUBANKS, “Want to Cut Welfare? There’s an

App for That. ”

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REPUBLICANS LAW POLITICS

By Elie Mystal

TODAY 3:13 PM

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The Rule of Law Is BeingGutted Because ‘Moderate’Republicans Stayed SilentNever-Trumpers and other GOPers could have stopped therise of people like William Barr, Michael Flynn, and NeomiRao—but they didn’t.

Attorney General William Barr listens as President Donald Trumpspeaks in the Oval Office before signing an executive order relatedto regulating social media on May 28, 2020. (Doug Mills-Pool / GettyImages)

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NN on-MAGA Republicans, be they George Conway–

style “Never Trumpers” or Mitt Romney–style

conservatives who support 90 percent of Trump’s

policies but don’t like wearing hats, like to try to

distance themselves from the most brazen lawlessness

of the Trump regime. They furrow their brows or

snark at the president on Twitter when he or one of

his henchmen lies or commits crimes.

But those Republicans, the seemingly well-meaning

ones, are never there to support the rule of law when

their support could make a difference. They only

show up after the fact: after the laws have been

broken or ignored, after Trump’s henchmen are in

positions from which they can do real damage. When

Trump nominates these people—people who will only

help him avoid or evade the law—these so-called

“good” Republicans are nowhere to be found.

Michael Flynn, William Barr, and Neomi Rao (the

Clarence Thomas acolyte plucked to fill Brett

Kavanaugh’s seat on the D.C. court of appeals) are all

part of the same rot. They all believe that achieving

the supremacy of the Republican agenda justifies any

means—including deceit and corruption. Now that

those three have conspired to vitiate the rule of law,

Never Trumpers appear concerned, again. But the

prominent Republicans who are concerned today said

nothing when these obvious bad actors were

nominated to their positions.

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The consequences of allowing these particular people

to gain power are now evident. Michael Flynn lied to

FBI investigators about his conversations with

Russian ambassador Sergey Kislyak. I know that to be

true, because Flynn admitted to lying and took a plea

deal. People who lie to the FBI are supposed to go to

jail.

But after Barr helped to short-circuit the Robert

Mueller investigation, Flynn withdrew his plea deal.

Normally, withdrawing a guilty plea causes

prosecutors to rain down hellfire: The legal system

doesn’t function well when people go back on their

plea deals. But Barr went in the opposite direction

and decided to drop the government’s case against

Flynn. It was a corrupt move, and district court judge

Emmet Sullivan demanded briefing and an

explanation from the government for its decision to

not prosecute an admitted liar. Sullivan refused to

dismiss the case against Flynn until the government

provided a non-corrupt reason for dismissing the

case.

Yesterday, Sullivan’s request for more information was

overruled by a three-judge panel on the US Court of

Appeals for the D.C. Circuit. Neomi Rao wrote the

decision for the majority (which included judge Karen

Henderson, a George W. Bush appointee). Her ruling

is unprecedented: She has essentially ordered Judge

Sullivan to rule that Flynn should win his motion to

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dismiss before Judge Sullivan has issued a ruling on

the motion. It’s like Rao handed out a speeding ticket

to somebody sitting in a parked car because she didn’t

like the way they turned on the engine.

Rao’s decision is not grounded in legal precedent. She

dismissed the core of Judge Sullivan’s argument in a

footnote reference to a legal treatise, not an actual

court case. That would be like somebody citing this

article as “evidence” that it’s legal to place Rao on an

ice floe and set her adrift (Russia, if you’re listening…).

Her entire opinion is written for an audience of one:

Donald Trump. Rao knows that Ruth Bader Ginsburg

is 87 years old, and Rao wants her job. This opinion is

an open audition for a nomination to the Supreme

Court, should an opening become available.

The opinion is gross and, frankly, a little cloying and

desperate, but totally on-brand for Rao. She exists to

put Trump’s worst impulses and arguments in

legalese, as if she’s one of his defense attorneys

instead of an actual judge. Rao, it’s worth

remembering, was the lone dissenting vote in the

Trump taxes case (now before the Supreme Court)

and wrote an opinion that was so extreme that one of

her fellow judges warned that it would “reorder the

very structure of the Constitution.” The only way that

dissent could have sounded more Trumpian was if she

had shouted it while mispronouncing common words.

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Anybody paying attention to Rao’s career could have

seen her opinion in the Flynn case coming.

In fact, many people did see it coming. Sheldon

Whitehouse, Democratic Senator from Rhode Island,

knew how Rao would rule, and why. As soon as Rao

was named to the panel that would hear this case,

Whitehouse tweeted:

Where you see Neomi Rao, you can expect a lot of

Trumpy dirt to follow. She’s a cartoon of a fake judge.

Watch this space.

Whitehouse tweeted that out a month ago. You’d

think that by May 2020, everybody would have

figured out what Whitehouse saw so clearly. But

check out some of the replies Whitehouse received to

that tweet. Brother got ratioed. Republican after

Republican (and some “institutionalist” Democrats)

criticized Whitehouse for saying something that

anybody honest should say about any case assigned to

Rao. She has never hidden the ball on her radical, anti-

Democratic views. But somehow, critics took issue

with Whitehouse’s mere attempt to point out the

cartoon villainy of her judicial approach, not with

Rao’s “Look at me, Donald. It’s all for you!” modus

operandi.

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The mendacity of Flynn, Barr, and Rao was obvious

before they got their jobs, but the moderate

Republican wing did not join the effort to stop them

from getting those jobs in the first place. These same

Republicans were of no help when Trump announced

Flynn’s appointment as national security adviser,

despite his clear conflicts of interest and the fact that

he was drummed out of his post as head of the

Defense Intelligence Agency during the Obama

administration.

William Barr was confirmed as attorney general with

51 Republican votes (and three Democrats, because

we live in hell), despite his history of pardoning

people responsible for the Iran/Contra scandal and

his open letter all but promising to prematurely end

Robert Mueller’s investigation.

Neomi Rao was confirmed to the US Court of Appeals

for the D.C. Circuit with 53 Republican votes (no

Democrats this time), despite her radical intellectual

record as a date-rape apologist and executive-power

sycophant. Rao supports dwarf-tossing. If you can’t

get Never Trump Republicans to stand against a

person who is in favor of throwing other human

beings for sport, then what good are Never Trump

Republicans?

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We are where we are because allegedly good people

“on both sides” continue to give Republicans the

benefit of the doubt, despite all evidence that they

don’t deserve it. Delivering conservative judges is one

of the things that so-called good Republicans have

sacrificed everything else to achieve. Yesterday the

Senate confirmed Trump’s 200th federal judge, Cory

Wilson, a guy who’s called the Affordable Care Act

“illegitimate” and “perverse” and thinks voter

suppression laws are a good way to go. Only one

Republican voted against him, and none of the Never

Trump talking heads raised a fuss about him.

When will people learn? You can’t stop the Neomi

Raos of the world after they’ve been gifted lifetime

appointments. You can’t fight a person like Bill Barr

after he’s in power. The FBI and all the federal

prosecutors work for him now. What the hell are we

supposed to do, dress up like a bat and punch

corruption in the face?

The only way to stop these people is to prevent them

from getting their grubby Republican hands on the

levers of power in the first place. But there are never

enough people around willing to have that fight when

it matters.

And so the cycle will continue. Democrats are now

mobilizing to block Jay Clayton, Trump’s apparent

pick to replace Geoffrey Berman as the head

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Elie Mystal Elie Mystal is The Nation’s justice correspondent—covering the courts, the criminal justice system, and politics—andthe force behind the magazine’s monthly column “Objection!” He isalso an Alfred Knobler Fellow at the Type Media Center. He can befollowed @ElieNYC.

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COMMENT (1)

prosecutor in the Southern District of New York,

which has jurisdiction over Trump’s family business.

Clayton and Trump are reportedly golfing buddies.

Democrats are doing what they can do from their

position in the minority, but the Republican legal

establishment once again refuses to stand up for the

rule of law. In an interview with Politico, Federalist

Society law professor J.W. Verret defended Clayton’s

appointment: “Either Clayton works it out with

Schumer to recuse from Trump-related cases, or

Clayton withdraws. Either way I have faith in Jay’s

moral compass will keep him out of trouble.”

The Republican moral compass is always broken. It

only points the way toward more power. And by the

time the best of them get around to trying to fix their

compass, it’s always too late.

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Page 28: How Companies Turn Your Facebook Activity Into a Credit ... · —“Cut your student loan payment or even forgive it completely!”—she thought it seemed more legitimate than the

26/6/20, 12:42 pmHow Companies Turn Your Facebook Activity Into a Credit Score | The Nation

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