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Climate Progress

State’s ‘Environmentally Sound’ Keystone Assessment Done By Firms Linked To TransCanada, Exxon Mobil, BP And Kochs

Yesterday, we found out via Inside Climate News and Brad Johnson over at Grist that the environmental impact statement the State Department just released on the Keystone XL pipeline was written by a private consulting firm being paid by the pipeline’s owner.

This obviously raises concerns about conflicts of interest with the report itself, but it also highlights the problems with turning government work and analysis over to private firms with possible financial ties to other private entities who may be affected by that work and analysis — a phenomenon that’s been underway since the 1990s.

State’s report, which found that the pipeline was “unlikely to have a substantial impact on the rate of development in the oil sands,” and will “not likely result in significant adverse environmental effects,” was written by Environmental Resources Management (ERM). Several years ago, Cardno Entrix, another private consultancy, was contracted by TransCanada to handle the State Department’s initial draft of the environmental impact statement, the Department’s hearings on the pipeline, and even its Keystone XL website.

As Johnson reported, ERM was paid “an undisclosed amount under contract to TransCanada” for the assessment:

The documents from the ERM-TransCanada agreement are on the State Department’s website, but payment amounts and other clients and past work of ERM are redacted. In the contract documents, ERM partner Steven J. Koster certifies that his company has no conflicts of interest. He also certifies that ERM has no business relationship with TransCanada or “any business entity that could be affected in any way by the proposed work” (notwithstanding the impact statement contract itself). In a cover letter, Koster promises State Department NEPA Coordinator Genevieve Walker that ERM understands “the need for an efficient and expedited process to meet the demands of the desired project schedule.”

An investigation by Inside Climate News finds that ERM’s report draws from work done by other oil industry contractors, Ensys Energy and ICF International.

According to State’s report, the department “directed the preparation,” but the project’s manager is the only government official actually listed on the cover page.

Inside Climate News reported Ensys has worked with ExxonMobil, BP and Koch Industries, though Ensys president Martin Tallet emphasized the consulting firm has also worked with the Environmental Protection Agency, the Department of Energy, and the World Bank. “We don’t do advocacy,” Tallett told Inside Climate News, pointing out that EnSys employees acted as expert witnesses for various state water agencies and against the oil industry in court cases on groundwater contamination from MBTE, a gasoline additive. “If we were the pet of government agencies or oil companies, the other side wouldn’t come to us.” ICF International declined to comment on the Keystone report.

According to both David Driesen, a law professor at Syracuse University and a former attorney for the Natural Resources Defense Council, and Joel A. Mintz, a law professor at Florida’s Nova Southeastern University, conflicts of interest can be difficult to avoid in practice, whatever the official statements:

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Justice

Washington Republicans Try To Fire Supreme Court Judges By Making Them Draw Straws

Angry over a recent Washington Supreme Court decision finding the state must put more funds into basic education, GOP state lawmakers are proposing the additional money come from downsizing the state Supreme Court to 5 justices from 9. Senate Bill 5867, sponsored by failed US Senate candidate state Sen. Michael Baumgartner (R-WA), would make the justices draw straws to decide who had to hang up their robes:

“On June 30, 2013, all existing judges of the state supreme court, shall meet in public to cast lots by drawing straws,” the bill says. “Effective July 1,2013, the positions of the four judges casting losing lots by drawing the shortest straws shall be terminated.”

The bill’s sponsor, state Sen. Michael Baumgartner, said the job cuts could save about $1.5 million in salary and administrative costs.

“Every dollar we save by eliminating these four positions would be automatically funneled to K-12 education to help meet the guidelines the Supreme Court laid out in the McCleary decision,” Baumgartner said in a news release.

In the education case, McCleary v. State of Washington, 7 justices decided the state was failing to uphold a constitutional obligation to fully fund basic education. The decision stated that education was the “paramount” obligation, and funding cannot be cut purely to mitigate the state’s budget shortfall. To this end, the court now requires annual reports of progress by the Legislature. Eliminating 4 seats, as Baumgartner proposed, would almost definitely take out at least some of the offending justices.

The bill was introduced just a week after the court dealt conservatives another blow; a 6-3 decision invalidated a requirement that two-thirds of the Legislature must agree to any tax increase.

Health

Why Mississippi’s GOP Governor’s Risky Bet On Medicaid Expansion Could Come Back To Haunt Him

Mississippi, one of the poorest states in the nation, is grappling with what to do about its Medicaid program. A deeply red state where the GOP controls both state houses and the governor’s mansion, Mississippi lawmakers are highly skeptical of Obamacare’s optional Medicaid expansion. So, in a last-ditch effort to protect the state’s low-income residents — as well as the fiscal security of the safety net hospitals that serve them — Democrats in the state senate sent Gov. Phil Bryant (R) a letter expressing their wish to introduce legislation that would automatically trigger a Medicaid expansion if Mississippi’s disproportionate share hospitals (DSHs) buckle under the weight of the payment cuts contained in Obamacare. Unfortunately, Bryant’s initial response to the proposal suggests he doesn’t fully understand the dire consequences awaiting his state’s safety net hospitals without an expansion of Medicaid.

For some context: as part of Obamacare’s efforts to make a dent in government health expenditures, the law contained some pretty deep cuts to so-called “DSH payments” — federal reimbursements to safety net hospitals that cater mostly to the poor and uninsured. Such hospitals need these reimbursements since their patients usually can’t afford the full cost of their care, and the DSH payments help make up for their resulting high uncompensated care costs. But Obamacare cuts these payments in half by the year 2019. The reason? When lawmakers first passed the reform law, they were working under the assumption that its Medicaid expansion would be mandatory, and that an influx of newly-insured Americans on Medicaid would reduce the federal government’s need to dole out DSH payments.

Of course, the Supreme Court ultimately rendered the Medicaid expansion optional and left it to states’ individual discretion. That threw a pretty big wrench into the Obama Administration’s plans, and is a large part of the reason the Administration has been begging states to grow their Medicaid pools; it’s also a large part of the reason that GOP governors in highly uninsured states like Arizona and Florida have embraced expansion, giving into pressure from hospital associations warning that they can’t afford to keep treating poor and uninsured Americans in the face of DSH payment cuts. But Bryant is betting that the federal government won’t actually follow through on the DSH cuts because they would violate the Supreme Court’s ruling that states cannot be “punished” for not expanding Medicaid:

“Without disproportionate share payments, many rural hospitals and hospitals that treat a disproportionate share of uninsured Mississippians will close,” Sen. David Blount, D-Jackson, said during a news conference that two dozen Democrats had in the Capitol rotunda. “People will lose jobs and people will lose access to health care, particularly in our rural communities.”

Bryant said in an interview a short time later he doesn’t believe the federal government will eliminate disproportionate share payments.

“We believe that they would be in violation of the United States Supreme Court decision, which said you can’t punish a state for not expanding Medicaid. And they certainly would be punishing us by doing that. So, I don’t think that ought to be a trigger,” Bryant told reporters in an office next to the House chamber, where he’d been having closed-door meetings with Republican lawmakers.

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Economy

Sens. Warren, Merkley Blast Regulators For Making Wall Street A ‘Prosecution-Free Zone’

A day after Attorney General Eric Holder asserted that prosecutions of Wall Street’s largest financial institutions have lagged because they are, in fact, “too large” to prosecute, a pair of Democratic senators again challenged regulators over the lack of legal oversight into the banks’ activities before and after the financial crisis.

Large banks have reached a slew of settlements with federal authorities over mortgage and foreclosure fraud, rate-rigging scandals, and money laundering schemes, but they have largely avoided prosecution, a fact Massachusetts Sen. Elizabeth Warren (D) pointed out to regulators from multiple agencies during a Senate Banking Commiteee hearing this afternoon. Prosecution, Warren noted, is less likely for banks that jeopardize the integrity of the American economy than it is for common criminals, The Hill reports:

“If you’re caught with an ounce of cocaine, the chances are good you’re going to jail,” said Sen. Elizabeth Warren (D-Mass.) at the Banking Committee hearing. “Evidently, if you launder nearly $1 billion for drug cartels and violate our international sanctions, your company pays a fine and you go home and sleep in your own bed at night.”

Oregon Sen. Jeff Merkley (D), a strong supporter of financial regulation and author of many of the new rules in the Dodd-Frank Wall Street Reform Act, joined in the criticism by questioning Holder’s assertion that large banks were “too big” to prosecute and wondered if Wall Street had become a “prosecution-free zone”:

Holder told the Senate Judiciary Committee he was concerned that the size of some banks had made prosecuting them difficult because their downfall could damage the financial system and economy.

Sen. Jeff Merkley (D-Ore.) contended that this claim suggested that “we have a prosecution-free zone for large banks in America.”

Despite the well-documented financial abuses that occurred during and after the financial crisis, Wall Street prosecutions fell to a 20-year low in 2011. Sens. Sherrod Brown (D-OH) and Chuck Grassley (R-IA) have previously challenged the Justice Dept. over its lax approach to prosecutions, and Brown and another Republican senator, Louisiana’s David Vitter, called for legislation to break up the largest banks last week.

Instead of prosecutions, regulators have resorted to settlements that often appear as slaps on the wrist compared to the banks’ abuses. Banks have already figured out multiple ways to game foreclosure and mortgage abuse settlements, which haven’t extended the help to homeowners that was promised (in part because states weren’t required to pass money on to homeowners). And even when regulators levy large financial penalties on law-breaking banks, those penalties are tax deductible, allowing Wall Street to claim a tax break on the cost of its wrongdoing.

Update

ZeroHedge has the transcript of Warren’s questioning. An excerpt:

WARREN: … As Senator Reed just pointed out, the United States government takes money laundering very seriously for a very good reason. …

Now in December, HSBC admitted to money laundering. To laundering $881 million that we know of for Mexican and Colombian drug cartels. And also admitted to violating our sanctions for Iran, Libya, Cuba, Burma, the Sudan. And they didn’t do it just one time. It wasn’t like a mistake. They did it over and over and over again across a period of years. And they were caught doing it. Warned not to do it. And kept right on doing it. And evidently making profits doing it.

Now HSBC paid a fine, but no one individual went to trial. No individual was banned from banking. And there was no hearing to consider shutting down HSBC’s activities here in the United States. So what I’d like is, you’re the experts on money laundering. I’d like your opinion. What does it take? How many billions of dollars do you have to launder for drug lords and how many economic sanctions do you have to violate before someone will consider shutting down a financial institution like this? Mr. Cohen, can we start with you?

Climate Progress

40×35: A Zero-Carbon Energy Target for the World’s Largest Economies

By Andrew Light, Mari Hernandez, and Adam James, via the Center for American Progress. Endnotes and citations are available in the PDF version of this issue brief.

In the past several years, small groups of some of the world’s largest carbon polluters have joined forces to reduce their greenhouse gas emissions as part of their overall efforts to slow the pace of dangerous global warming. These efforts include the G20 leaders’ 2009 pledge to phase out fossil-fuel subsidies; the launch of a number of efforts on clean energy cooperation through the global Clean Energy Ministerial starting in 2010; and the creation of the Climate and Clean Air Coalition to Reduce Short-Lived Climate Pollutants a year ago, which started with six nations and has now grown to 27 countries plus the European Union.

Following on these efforts, we propose that the 17 parties in the Major Economies Forum, the U.S.-led coalition of the world’s largest carbon emitters, set a target of generating 40 percent of their electricity from zero-carbon sources by 2035 — what we call the “40×35” target.

Our analysis shows that meeting this target is not only highly feasible but, if met, would also reduce these countries’ cumulative CO2 emissions by approximately 6.4 gigatons — 6,398 million metric tons — by 2035. While there are other kinds of renewable energy targets that would result in greater emissions reductions — for example, targets that exclude hydroelectricity or nuclear power — we argue that the 40 percent all-inclusive zero-carbon target is more politically feasible and also sufficiently ambitious to be worth pursuing. Achieving this target would be a significant contribution to meeting the global goal of the international climate negotiations of stabilizing temperature increases caused by climate change at 2 degrees Celsius over preindustrial levels by the end of this century.

As we will show, projections for a zero-carbon electricity mix for many of the parties of the Major Economies Forum by 2035 are already quite high — some nations are already headed beyond the 40 percent target on a business-as-usual pathway. So far, however, none of these countries has made a documented commitment for achieving any energy goals beyond 2030.

The existence of a set target among the Major Economies Forum parties would help protect projected emissions reductions from backsliding due to changes in fuel costs, currently unforeseen policy changes in these countries as governments change, and other unanticipated consequences. A common target by these developed and developing countries could galvanize the range of national-level policies already in place, and increase the ambition of all parties to hit the target. More importantly, these countries could make a common commitment along with an agreement to share best practices to expand the renewable electricity sector, cooperate on technology development and deployment, and strengthen existing bilateral agreements between parties that support these ends.

We will also demonstrate that pairing such a zero-carbon electricity target with an energy efficiency goal would be incredibly beneficial. First, incorporating energy efficiency from the beginning in countries that are likely to see a surge in electricity demand over the coming years will create more sustainable smart energy systems in those countries. Second, reducing total energy demand means that each investment in new, zero-carbon generation counts for more in terms of total emissions reductions. Demand reduction will enable many countries to more easily hit this zero-carbon target.

In this issue brief we present the rationale for pursuing emissions reductions through the Major Economies Forum, our analysis on a range of target scenarios as applied to the forum parties, and our recommendation for action.

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Health

Nearly Half Of The People Who Contract ‘Nightmare’ Superbug Will Die, CDC Warns

The CDC is sounding the alarm about a potentially deadly superbug, carbapenem-resistant Enterobacteriaceae (CRE), on the rise in hospitals around the country. After a recent uptick in the recorded cases of the drug-resistant bug, federal health officials released a report urging medical professionals to do their best to prevent CRE from spreading further — but this week, the CDC is upping the ante, warning that the “nightmare bacteria” represents one of the biggest threats to patient safety in our nation’s hospitals.

CRE bacteria are resistant to even last-resort forms of antibiotics. Even though they remain relatively rare, health officials are worried about the dramatic spike over the last decade. The national percentage of CRE cases jumped from 1.2 percent in 2001 to 4.2 percent in 2011 — an increase of about 250 percent. The CDC is warning that, if the medical industry doesn’t find a way to contain the spread of the superbug, it will eventually make its way outside of hospital settings and into the broader community:

“These are nightmare bacteria that present a triple threat,” said Thomas Frieden, director of the Centers for Disease Control and Prevention. “They’re resistant to nearly all antibiotics. They have high mortality rates, killing half of people with serious infections. And they can spread their resistance to other bacteria.”

So far, this particular class of superbug, called carbapenem-resistant Enterobacteriaceae, or CRE, has been found only in hospitals or nursing homes, rather than in the community, Frieden said. But officials sounded the alarm partly because, if the bacteria’s spread isn’t contained soon, even common infections could become untreatable. [...]

These superbugs are “the biggest threat to patient safety in the hospital that we have,” said Costi Sifri, an infectious disease physician and hospital epidemiologist at the University of Virginia Health System. “Unfortunately, it doesn’t seem like anything is slowing their spread.”

People with compromised immune systems, who are either hospitalized for a long time or living in a nursing time, are most at risk for contracting the superbug. About 4 percent of hospitals in the U.S. have had at least one patient with CRE, and that figure rises to 18 percent for long-term, acute-care hospitals — although the CDC points out those numbers could actually be underestimations. There’s no reliable national data on the bacteria because the overwhelming majority of states don’t require hospitals to report any information on their CRE cases, and there’s no federal reporting requirement either.

Even though CRE cases remain rare, the threat of drug-resistant antibiotics is a serious issue with potentially disastrous implications. The CDC’s Friedan pointed out that one of the most troubling things about CRE bugs is the fact that they can transfer their antibiotic resistance to other bacteria — hastening the rise of antibiotic-resistant diseases, which is already a growing global health issue, even further.

Justice

States With Most Gun Laws Have Fewest Gun Deaths, Study Finds

States with more gun laws have lower levels of gun fatalities, according to a new study from Boston Children’s Hospital. While the study, published in the journal JAMA Internal Medicine, does not establish cause-and-effect, nor which particular gun laws are most effective, it does suggest a positive relationship between gun control and gun violence prevention. According to NBC News:

It seems pretty clear: If you want to know which of the states have the lowest gun-mortality rates just look for those with the greatest number of gun laws,” said Dr. Eric W. Fleegler of Boston Children’s Hospital who, with colleagues, analyzed firearm-related deaths reported to the Centers for Disease Control and Prevention from 2007 through 2010.

By scoring individual states simply by the sheer volume of gun laws they have on the books, the researchers noted that in states with the highest number of firearms measures, their rate of gun deaths is collectively 42 percent lower when compared to states that have passed the fewest number of gun rules. [...]

As proof, Fleegler pointed to the firearm-fatality rates in law-laden states such as Massachusetts (where there were 3.4 gun deaths per 100,000 individuals), New Jersey (4.9 per 100,000) and Connecticut (5.1 per 100,000). In states with sparser firearms laws, researchers reported that gun-mortality rates were higher: Louisiana (18.0 per 100,000), Alaska (17.5 per 100,000) and Arizona (13.6 per 100,000).

The authors of the study openly acknowledge that correlation research has a much more limited application than research that establishes cause-and-effect, and conclude that further study is necessary. But in an accompanying commentary, Dr. Garen J. Wintemute of the University of California, Davis, Sacramento, laments that anything more than this sort of simple and cost-free analysis of already-available data has been alarmingly difficult achieve, thanks to a chokehold on funding that has cleared the field of researchers with gun expertise. Even with President Obama’s recent executive order calling on the Centers for Disease Control and Prevention to resume the gun violence research it ceased in the 1990s, it is up to Congress to fund that research (Obama called for $10 million), and will require a sustained, significant commitment to develop new academics whose careers are focused on gun violence. Wintemute writes:
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Security

BREAKING: Senate Confirms Brennan As CIA Director

The Senate on Thursday voted to confirm John O. Brennan as the new Director of Central Intelligence, by a vote of 63-34, following what was at times a contentious confirmation process.

Brennan has spent the last four years as the top counterterrorism official in the White House in his role as Assistant to the President for Homeland Security and Counterterrorism. Originally a consolation prize, following his withdrawal from consideration as CIA Director in 2008, Brennan conveyed the role’s proximity to President Barack Obama into one that possessed a large deal of sway over the counterterrorism policies of the administration.

A second chance to lead the CIA for Brennan came following the surprise resignation of former Gen. David Petraeus in Oct. 2012. In the days and weeks after Obama named Brennan as Petraeus’ successor, however, he faced possible roadblocks from various corners. Sen. Lindsey Graham (R-SC) threatened to hold up confirmation until more information was handed over related to the Sept. 2012 terrorist attack in Benghazi, Libya that killed four Americans. Brennan then had to face questions about his role in the waterboarding of detainees during his time at the CIA under the George W. Bush administration.

Brennan received the approval of the Senate Select Committee on Intelligence on Tuesday, following a deal with the White House to provide Senators access to classified memos related to the administration’s ongoing targeted killing program. What could have been a smooth vote to confirm Brennan was held up by a nearly thirteen hour-long filibuster by Sen. Rand Paul (R-KY) over the potential use of armed drones in the United States.

After receiving a letter from Attorney General Eric Holder clarifying the administration’s position, Paul agreed to allow Brennan’s nomination to come to a vote. The vote for cloture passed easily by 81 votes to 16, paving the way for a swift confirmation vote only minutes thereafter.

Economy

Financial Pundit Who Predicted Economic Spike Under Bush Is Back To Dispensing Advice

In 1999, James Glassman and economist Kevin Hassett, who eventually both worked for President George W. Bush, famously wrote a book predicting that the Dow Jones Industrial Average would go to 36,000 within three to five years. Of course, instead of the Dow going on the rocket ride they predicted, the financial crisis sent it spiraling into oblivion, bottoming out at 6,547 in March of 2009.

But with the Dow having climbed to its record high this week, Glassman is back, writing in Bloomberg View today that “Dow 36,000″ is achievable “quickly,” as long as a slew of conservative policy ideas are embraced:

To get it, we need policy changes that will create a better environment for businesses to increase revenue, profits and jobs: a rational tax system that keeps rates low and eliminates special deductions and credits;…entitlement reform to bring down costs and provide incentives for productive seniors to keep working; sensible environmental, workplace and financial regulation that allows entrepreneurship to thrive; a K-12 education system that boosts student achievement and holds teachers, administrators and politicians accountable …

Chime in and make your own list, because it’s time to focus on what counts in an economy: growth. Even with relatively high risk aversion (let’s say, what we have now), faster growth would significantly increase stock prices.

How fast can the U.S. grow? Four percent is attainable, but I’d settle for 3 percent. Get there quickly, and we’ll get to Dow 36,000 quickly, too.

When asked if he feels “the need to apologize to someone who read your book, went in and got creamed,” Glassman replied, “Absolutely not.” Former Reagan and George H.W. Bush administration economist Bruce Bartlett had, perhaps, the most proper reaction to Glassman’s new prediction: “Nitwit Jim Glassman is again predicting that the Dow will reach 36,000. Time to sell everything?

Glassman proves, like many before him, that those clinging to the economic ideology of the Bush years feel no need to grapple with the economic catastrophe Bush left in his wake. And of course, the stock market’s recent meteoric rise has had little benefit for workers in the real economy.

Glassman is now the executive director of the George W. Bush Institute.

Alyssa

‘Who Is Dayani Cristal,’ ‘Fallen City,’ And What Makes For An Effective Documentary

Yesterday Joy Moses, one of my colleagues here at the Center for American Progress, wrote about the importance of A Place At The Table, a documentary about food security, that premiered just as the sequester began, cutting hundreds of thousands of recipients from the Women Infants and Children food program. And so I was struck today when AV Club critic Scott Tobias used the movie as a hook to argue that we’re more tolerant of stylistic stagnation in documentaries than we are in feature films, in part because we’re more likely to privilege the information in them over the way they’re presented. He writes:

I’ve often argued that the “movieness” of movies is undervalued—that we accept the indifferent, workmanlike craft of deliberate mediocrities over flashier, more conspicuous failures. But the “movieness” of documentaries rarely becomes an issue, which only encourages the stereotype of the documentary as a hearty gruel of talking heads and archival footage, spooned out as artlessly as the school lunches A Place At The Table criticizes so vociferously.

The thinking that documentaries need merely to seek or present some kind of truth, regardless of how those truths are presented, strikes me as dated at a time when the elasticity of the format is constantly being tested. Why should documentaries be forgiven any more than fiction films for failing to use the medium expressively or dynamically? Why give a pass to bland info-dumps like A Place At The Table?

I was curious to read the piece, in part because since I got back from the Sundance film festival, I’ve been thinking a great deal about what makes an effective documentary. One thing I think Scott may not necessarily be acknowledging about A Place At The Table is that, to a certain extent, it is a deviation from the norm to turn the camera on poor people and to treat them as if they’re experts, even if only on their own experiences. And I think I’m significantly more tolerant than he is of using documentary film to make arguments, something he acknowledges that he’s leaving out “entire categories of documentary unaccounted for, like acts of investigative journalism (the Paradise Lost movies, for example) or essays both personal (like the films of Ross McElwee or Michael Moore) and editorial (like Charles Ferguson’s Inside Job or No End In Sight),” though I’m surprised that he’s comfortable with Kirby Dick’s powerful The Invisible War, a movie I think is as polemic and argumentative, and as designed to provoke action as much as A Place At The Table is. But I want to make a different argument: attention to the craft of filmmaking can strengthen documentary film’s ability to convey facts and to convince audiences. But it can also trade off with getting the facts across in a way that’s not just dishonest: it’s damaging.

I was struck most strongly by this problem watching Zhao Qi’s Fallen City at Sundance. The film is a beautifully-shot exploration of how a number of families are trying to rebuild their lives after the Sichuan earthquake in 2008, an 8.0 magnitude event that killed 68,000 people in the region. Its lingering shots of buildings that have literally sunk into the earth, often shot from the hills far above the city where the movie is set, images of ruined structures being taken back by trees and grass, and chronicles of the construction of a replacement city are both gorgeous as photography and give a strong psychological sense of what it must be like to have your entire world disappear in front of you. But for all the time the movie spends on these striking visuals, Zhao literally never once mentions a factor that is critically important to understanding why the devastation is so severe, and why his subjects are responding to the events the way they are: in the earthquake, schoolrooms collapsed at a rate disproportionate to other construction, killing rural children at a high rate, and leading many parents and activists to believe that corruption contributed to shortcuts in school construction.
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