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Xavier DuPont de Ligonnès Article from Society, 6 Aug 2020, Part 2C [English]

Xavier DuPont de Ligonnès Article from Society, 6 Aug 2020, Part 2C [English]
Previous Section-Part 2B
[3/5]
Chapter 9

Highways and dead ends

The hunt for Xavier Ligonnès is enough to drive you crazy. It’s like looking for a lost object, a bank card for example, of which we can determine the exact moment of disappearance: we used it to pay, it was there, and the next moment it is not there anymore. Logic dictates that we look for it where we usually store it (a wallet, a handbag), then where it could be (a back pocket of pants, a hall cabinet), and the less we find it , the more we seem to see it everywhere. Faced with absence, the brain constructs images (the credit card in an office drawer, as a bookmark in a book, forgotten on the counter of the last store) but these are fictions or mirages; they encourage further research but they do not provide a solution. Xavier Ligonnès’s apparent volatilization follows the same logic and produces the same effects on the investigation. The more weeks and months go by, the more places to look get smaller. Emmanuel Teneur ends up leading the investigators to the Société Générale agency on Place Royale in Nantes, but the safe he holds there is simply empty. A request for information on Joven Soliman is sent to the security attaché for the French Embassy in the Philippines. He is a sedevacantist priest, a fringe of traditionalist Catholicism who considers the Pope to be an imposter. The attaché transmits the hours of mass where he officiates. A trip to the Philippines is being considered, but that would mean going to the other side of the world to look for a needle in the thousands of islands of the archipelago. If this track has never been closed, nothing has supported it to date.
Since we must push logic to the end, the investigators even contact the American authorities to corroborate or contradict the story of protected witnesses told by Ligonnès in his famous letter. The DEA has never heard of the individual, and the liaison officer based at the Miami consulate assures us that his last trip to the United States was in 2003: Ligonnès arrived in Florida on July 18 and left on August 22. The study of his entourage also did not highlight anyone capable of providing false papers to the fugitive, and if he had gone through a criminal network, the police believed that an informant would undoubtedly have warned them to protect himself.
Then there are the news reports: the portrait of Ligonnès goes around France, and even if he has undoubtedly changed his physical appearance, his hairstyle, perhaps had even resorted to cosmetic surgery, someone, somewhere, might recognize him one day. After all, that’s how John List, a New Jersey insurance salesman who killed his wife and mother in 1971, was arrested. He waited for two of his children to return from school to coldly shoot them, then attended his youngest son’s football game before shooting bullets through him at home. He evaded justice for 18 years until a co-worker recognized him from a report on America’s Most Wanted.
Rarely has a criminal case given rise to as many appeals as that of Ligonnès, because his stalking not only bewitches the police, it torments an entire country. More than 1000 reports, thousands of pages of depositions, letters, verifications. You have to imagine the miles of printed paper that this represents when they are stacked on a desk. The most recent: in July, after the broadcast of a Netflix documentary on the subject in the United States, the producers of the film claimed to have received an interesting lead in Chicago; but it’s just one more drop in the bucket. Xavier Dupont de Ligonnès has been seen in Annecy, Nancy, Cholet, Corsica (several times); on the side of a road, thumbs up, by a French tourist in Las Vegas; disguised as a chimney sweep in Nîmes; in a hotel in Cantal and in a pizzeria where he paid cash in a hurry; seen again in Germany, in Italy, and heard on the telephone by the reception of the psychiatric hospital of Troyes. Since he disappeared looking like the ordinary neighbor, since he was a representative and his profession has taken him to all corners of France, there is no less reason to see him in Mulhouse than in Roche-sur-Yon, and you can simply see him everywhere.
Aire de Lançon-Provence in July 2020
Extracts: “It was the same look, except that he looked very sad, in the west, but he had the same glasses as in the photo you are showing me”; “He looked like a man like everyone else, but there was something odd in his eyes;” “Yesterday, around 1:00 pm, I was watching the news on television on the TFI channel. I saw a report where an individual killed his children and his wife before disappearing into the wild. (...) Seeing the gentleman in the photo, I made the connection with the person whom I had crossed Sunday afternoon because he had the same smile.” At the Vauvert tourist office: “I hardly look at the news, but Thursday evening I saw the photo of Mr. Ligonnès, I had the impression of having already seen him, my heart was racing.” Between Carpentras and Avignon, when he comes back from the bakery, the manager of one of Nicolas Sarkozy’s brothers crosses paths with a man with a beige bob, which he is certain is the fugitive. “I flashed,” he says. “For me, there is no doubt. This is him.” Still more letters are sent to the police to offer them help. An amateur astrologer requests a copy of the suspect’s birth certificate to establish a birth chart, a woman in child-like writing recommended a great medium who had helped her find her daughter who had become a junkie in Marseille. A prisoner asked in writing to be sent to Guinea to go hunt him down in the jungle, attaching to his letter a list of the necessary equipment, including infrared glasses and a “samurai sword.”
With each letter, with each phone call to report a suspicious individual, investigators attempt to cross-reference the information. They patiently collect the testimonies of the depositors to know where Xavier Ligonnès was seen, if he was accompanied or not, what was his size and his outfit. Inconsistent testimonies or those referring to individuals who are too young (Ligonnès would be 59 years old today) and too small (he measures a little over 1.80 meters) are discarded. For the others, investigators check the CCTV recordings, when they have not been erased and when the cameras have actually recorded on tape. If the person has been spotted pumping gasoline, in a Géant Casino, or in a Courtepaille, they trace the means of payment used and seize the duplicates of bank cards. They give priority to the restaurants, especially the Buffalo Grill, Ligonnès’ favorite establishment. And when the trail is still hot and the dishes haven’t been done yet, they collect DNA from the plates and cutlery. A few months after the start of the investigation, the investigating judge in charge of the case will even be forced to ask them to slow down, the seals starting to take on the appearance of a china cabinet in a large restaurant.
The Total service station in Lançon-Provence, July 2020
The PJ of Nantes believed on several occasions to finally have in hand the winning ticket and to be on the point of intercepting Ligonnès. This was the case in Borgo, where a photo taken from the video surveillance of a supermarket in this small Corsican town was very similar. Upon verification, it was only a local. They believed in it even more in January 2018 when they were told that an individual with a strong resemblance to Xavier Ligonnès was at the Saint-Désert Notre-Dame de Pitié monastery near Roquebrune-sur-Argens. About twenty police officers raided and searched the premises until they came across Brother Jean-Marie Joseph, who certainly looked disturbingly like Ligonnès, but who was not him. In still other cases, the police were never able to “close the track,” and it is perhaps Ligonnès who was seen.
For example, in Lançon-Provence, April 26, 2011. That day, at 2:44 am, Mahjoub B., a handler by profession, parks his vehicle at the Total service station after the Lançon-Provence toll. He fills up, then goes to the store to pay. On his way, he passes a 45- to 50-year-old man, about six feet tall, who hangs out there between the gas pumps and the store. When he returns to his vehicle, his colleague asks him if he has seen the man, whom he is convinced is the one everyone is looking for, the one who killed his family in Nantes. Mahjoub then takes a new look at the individual, notices that he is wearing glasses, light jeans, that he has brown hair a little graying and a beard of a day. At his feet, four rigid shopping bags, one red, one white, one brown and one whose color he cannot distinguish. Inside the store, employees also noticed the individual. He’s been out for almost three hours. At one point, he walks in to ask for free coffee, as part of a promotion. Behind her cash register, Jocelyne H. notes a detail: he is missing a tooth. “The second on the left, I believe,” she says when heard by investigators. This is information that has never filtered out and yet, it’s true – a little detail, Xavier Ligonnès was missing a tooth. Little by little, the space has filled in, but you can always see it when he smiles. The images from the station’s surveillance cameras are confusing: if this man is not the one we are looking for, it must be his twin brother. At 3 a.m., the cameras show him hitchhiking by a Volkswagen Combi, which investigators quickly find. The driver’s name is Christophe B. He has not heard of the case, and he must be one of the only ones in the country; but Christophe is no longer listening to the news because, he says, “the news is bad all the time.” From the hitchhiker on the night of the 25th to the 26th, he remembers that he “did not smell very good” and that he had a growing beard. They didn’t discuss much. The man simply told him that he was coming from Paris where he had gone to see “his sick old father,” and that he wanted to take the train to Aix-en-Provence. Christophe dropped him off at a motorway exit, the 30 or the 31, between 4 a.m. and 4.15 a.m. The surveillance cameras at Aix train station allow you to get back on track. He is filmed on the forecourt at 6 am, he wears light pants, a dark jacket. He buys a ticket at 1.20 euro, free destination. Then we lose track.
Despite all the checks, despite all the cameras, it will be impossible to track this man perfectly resembling Dupont de Ligonnès, who could nevertheless have confirmed that he was, at least on this date, still alive.
How can one suddenly evaporate in plain sight, and how could a man who has collected chess all his life accomplish this feat? The XDDL mystery makes it possible to scaffold all the theories. These flourish in books, in docudramas and, of course, on the Internet. We imagine Ligonnès protected by the secrecy of a monastery, flown to the United States, where he can go unnoticed thanks to his English without an accent, or even on the escape alongside a woman he would have manipulated. The police officers in charge of the case do not work on theories or psychological profiles, but according to a scientific approach: they always start from a fact, which opens a track, which they then explore until the end, close, and move on to another. This method is also a way to protect yourself from endless guesswork, or insanity, but it doesn’t always work. Several times, the track looks like a highway towards the fugitive, and the police are convinced that they will finally close this investigation. But they end up stumbling upon the worst thing ever, as was the case with the allusion to Emmanuel Teneur’s sailboat: coincidences.
Coincidence number 1. When the Ligonnès C5 was discovered in the Formula 1 car park in Roquebrune, the night watchman informed them that two reservations had been made in the name of Dupont Xavier, one on April 5 and the another on April 14. The hotel manager then specifies that the first reservation was actually made for April 6. That day, however, XDDL was in Nantes, probably digging the grave of Thomas, murdered the day before. Had he thought of accomplishing his crimes earlier or had he reserved a room for an accomplice, who might have been hiding something for him? The videos of April 5 and 6 are no longer available, but payment for the room was made with a Crédit Agricole credit card. The number gives a name, Faiçal E., and an address. Could it be an accomplice? The checks are launched immediately lead to a man who simply used “Dupont Xavier” as an assumed name - like Ligonnès - to book a night in the same hotel, the same year, the same month, within ten days.
Coincidence number 2. The liaison officer in Miami launches research around the various aliases used by XDDL, for operations of “mystery shopper” or to stay in hotels. In the FBI file, he finds a certain Xavier Laurent, one of Ligonnès’s favorite nicknames, installed in Jacksonville, north of Florida. Jacksonville is not just any city. This is where Hugues, the cousin of XDDL lived, and it is also this locality that Ligonnès and his friend Michel Rétif declared to customs in 1990 during their trip to the United States. At the very end of the personalized letter sent to Michel on April 8, Xavier Ligonnès seemed to allude to it: “I will think about you there. (Not the right to tell you where, but you went there with me...in November 90…a clue to dig. LOL).” But this Xavier Laurent is another twist of fate: the police come across a certain Evan Shaffer, a petty criminal who has chosen this alias to commit crimes.
Coincidence number 3. Ten days before the crimes, XDDL reconnects with a childhood sweetheart, Catherine K., whom he met in Versailles in the 1980s. Between March 22 and 24, they exchange text messages and try to find a date to meet the week of April 12, in Chamonix. These messages intrigue the investigators, some answers seem surprising, almost illogical, and they suspect Ligonnès of having wanted to ensure a logistical relay in his escape. A little later, a certain Patrick O. reports having seen XDDL in the queue of a Sixt car rental agency at Nice airport on April 17, 2011. By peeling the names of dozens of people having rented a car that day, the police officers miss the infarction: in capital letters, white on black, appears the surname of Catherine, who would have rented a vehicle at 1:30 am. A few hours later, their heart rate drops again: it was only a perfect disambiguation.
Each coincidence causes the same chain of reactions. First a eureka!, the certainty of having finally found the tiny detail from which to trace everything. The police then cast their nets like fishermen on the high seas, telephone or banking requisitions, requests for listings, identity checks. Then they wait. It can last from a few hours to several weeks, and inevitably it is a burning, nagging wait, tense by the fear that the track will fly away. Finally, there is the immense disappointment and the obligation to face reality again: Xavier Ligonnès is still nowhere to be found, a track has flown again, and we have to hoist the rock up the mountain again. Those who have worked or are still working on the affair strive to maintain a cold, rational, police facade. But little by little, by dint of chasing a shadow - not even a shadow, a ghost - obsession lurks. One of them, a police officer with a professional Protestant pastor, now out of the investigation, still returned until recently to consult the investigation file every week, saying he simply wanted to put the 12,000 pages of documents in order. For a year, a criminal analyst has also been mobilized. He enters all the elements of the file in a software which digests them and spits out, perhaps, new threads to draw. In the meantime, the two police officers who are still following the investigation - one at the PJ in Nantes, one at the OCRVP, in Paris - “live” the case, as their colleagues say. Among these thousands of pages there is no doubt a clue that has gone unnoticed or, better, a lead that has not yet been explored.
Track number 1. Who typed “fraternité saint-thomas becket” on Google on April 3 at 11:34 pm, before clicking on a link in the Cité-Catholique forum? Is it the same person who, the same night at 2:01 am, from an iPhone, did the search for “communion state mortal sin,” bringing it to the same forum? On April 8, the user of this phone will in any case send the search engine the request “hello Chacou”, which will lead him (her) again to the Cité-Catholique forum. Chacou was one of the pseudonyms of Xavier Ligonnès. Investigators saw crazier coincidences, but still: can it really be someone other than Xavier Ligonnès, who himself connected to Cité-Catholique almost every day of his escape? The last article published on the site about Saint-Thomas Becket, an ultra-traditionalist fraternity which practices mass in Latin, dates from January 2009. It indicates the name of its founder, Father Jean-Pierre Gac, and specifies this: “Born in the diocese of Blois where there are two communities (…), the fraternity has also extended in the diocese of Toulon - a parish is also entrusted to them in Ollioules.” Ollioules is located six kilometers from La Seyne-on-Mer, where XDDL spent its penultimate known night, and 94 kilometers from Roquebrune. Jean-Pierre Gac was questioned by the police but claimed to have never been in contact with the fugitive. Investigators have always believed in the possibility that Ligonnès took refuge in a monastery in the Var. They considered to search them one by one, before understanding that there are dozens and dozens of brotherhoods and fraternities, that they are not always castles of the Purple Rivers but sometimes simple farms, lost in the hinterland. To mount a search, it would be necessary to ensure that they do not communicate with each other, and therefore to visit them all at the same time. The examining magistrate quickly tempered the fervor of the police and declared the operation impossible.
Track number 2. Xavier Ligonnès had two secret Facebook accounts. The first is named after his favorite country singer, Waylon Jennings. One of his nieces had also found him a month before the crimes, sending him a message, “but who is behind this nickname?,” to which XDDL had immediately replied “How did you manage to arrive on the Waylon Jennings Facebook profile? Too clever! Microsoft Advantage??? Kiss.” The second account concerns a certain “George Town” residing in Nantes and is linked to one of Ligonnès’ many email addresses, [email protected]. The police send a requisition to the management of Facebook in Palo Alto to obtain the creation and connection logs of the two profiles. The answer comes in days: the first was created in February 2010, the second in December 2007, when France had barely discovered the social network. Above all, the response indicates that Ligonnès connected to the two accounts on the night of April 4 to 5, between the first assassinations and that of Thomas. The profiles have since been deleted but suggest he could have used them to communicate with a third party. Catherine K., the youthful lover that XDDL contacted a few days before the tragedy, also reported to the police that she had been approached by a certain Philippe Steiner, whom she did not know, around May 20. He sent her a strange message, suggesting that they might have had a relationship in the past. When she went to respond, the profile had already been deleted. Today there are almost 100 Facebook accounts on behalf of Waylon Jennings, some are created and deleted every day.
Track number 3. When the Ligonnès family is having their last meal on April 3, 2011, around 9 pm, a young woman walks through the glass doors of the police station on Place Waldeck-Rousseau in Nantes. Originally from a small village near Vannes, Julie is a BTS student and comes to file a complaint: the Twingo that her father lets her drive has been broken into, probably during the night. There was not much inside, but Julie reported the theft of her car radio as well as the vehicle’s logbook, which she normally stored in a small Renault gray faux leather pouch. This same pouch was found on April 22 in the dresser of the Ligonnès living room where Xavier used to store his papers, during the investigation the day after the discovery of the bodies. The police did not follow this track: they put the break-in of Julie’s car on the account of one of the Ligonnès sons, Arthur, who had already been arrested for theft of a bicycle and driving under the influence of cannabis. But why would Arthur have taken the vehicle papers with the car stereo, and why would he put them in the middle of his father’s papers? And if the theft was committed by Xavier Ligonnès a few hours before killing his family, how can this be explained? Was he able to steal other identity papers to facilitate his escape?
In this case, it is always about cars. Those imported by XDDL from the United States, the Citroën C5 from the escape, the vehicles he claimed had been stolen over the years: the first at the Brest police station in 1998, while living in Pornic, a second at the same time at the Saint-Nazaire police station, and then again, in Nantes, on May 17, 2006, a Golf convertible finally found then sold a few months later to a mechanic, a friend of Cédric M.
Cédric M. is never far away when it comes to cars. He is also a mechanic, that’s how Ligonnès met him in Vannes a few years earlier. He is one of the recipients of the departure letter, therefore a close friend. He was even the first employee of the RDC. Ligonnès regularly went to visit him in Locmalo in the heart of Morbihan, a two-and-a-half-hour drive from Nantes. With Cédric and his partner, Renaud, they went to the local creperie. They had lunch there together on March 31, 2011, four days before the crimes. In the village, it is said that Ligonnès took care of the dark accounts of the “guys,” who have quite a reputation. Could he have built up a slush fund there that no one would have found until now? Cédric and Renaud’s garage is not indicated by any sign. It is at the end of a road. In the yard, wrecks of American cars and a goat on a leash. Inside, Renaud is working on a shiny yellow Cadillac. His attitude is confusing. He is angry with the police who have never come to question him when he is, according to him, “the last to have seen [Xavier] alive. But I will not tell you when, because that the date is important,” he adds before returning to his Cadillac, wrench in hand.
To date, Renaud has still not been heard by investigators.
At the same time, reports continue to flow.
Ligonnès seen in Mulhouse, on the four lanes between Saint-Brieuc and Rennes in a Peugeot 308 and overtaking on the right, Ligonnès seen again in Tunis and Toulouse.
Ligonnès seen, but never caught.

Next Section-Part 2D
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Lost in the Sauce: March 22 - 28

Welcome to Lost in the Sauce, keeping you caught up on political and legal news that often gets buried in distractions and theater… or a global health crisis.
Figuring out how to divide the COVID-19 content from the “regular” news has been difficult because the pandemic is influencing all aspects of life. Some of the stories below involve the virus, but I chose to include them when it fits into one of the pre-established categories (like congress or immigration). The coronavirus-central post will be made again this Thursday-Friday; the sign up form now has an option to choose to receive an email when the coronavirus-focused roundup is posted.
House-keeping:
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Let’s dig in!

MAIN COURSE

Congress passes stimulus

Last week started out with a Republican-crafted stimulus bill that was twice-blocked by Senate Democrats, who objected to the lax conditions of aid to corporations, too little funding for hospitals, and a $500 billion “slush fund” for big companies to be doled out by Treasury Secretary Steve Mnuchin with no oversight.
Conservative-Democrat Joe Manchin (WV) even criticized the GOP bill:
“It fails our first responders, nurses, private physicians and all healthcare professionals. ... It fails our workers. It fails our small businesses… Instead, it is focused on providing billions of dollars to Wall Street and misses the mark on helping the West Virginians that have lost their jobs through no fault of their own.”
Through negotiations, Democrats shifted the bill in a more-worker friendly direction. The version that passed includes the following Democrat-added provisions: expanded unemployment benefits, $100 billion for hospitals, $150 billion for state and local governments, direct payments to Americans without a phase-in (ensuring low-income workers get the full amount), a ban on Trump and his children from receiving aid, and oversight on the “slush fund” (see next section for more info). Senate Democrats also managed to remove a provision that would have excluded nonprofits that receive Medicaid funding from the small-business grants.
Echoing sentiments expressed during debate on the previous coronavirus bill (the second, for those keeping track), Republican senators derided the $600 a week increase in unemployment payments as “incentivizing” workers to quit their jobs. Sens. Ben Sasse (Neb.), Rick Scott (Fla.), Tim Scott (S.C.) and Lindsey Graham (S.C.) delayed passage of the bill in order to force a vote on an amendment removing the extra unemployment funding. "This bill pays you more not to work than if you were working," Graham said. Fortunately for American workers, the amendment failed and the improved bill passed the Senate and the House.

The giveaways in the bill

While Senate Democrats were able to add worker-friendly provisions, the bill still required bipartisan support to pass the chamber and some corporate giveaways remained in the final version.
Politico:

Trump’s signing statement

While signing the latest coronavirus relief bill, the president also issued a signing statement undercutting the congressional oversight provision creating an inspector general to track how the administration distributes the $500 billion “slush fund” money.
The newly-created inspector general is legally required to audit loans and investments made through the fund and report to Congress his/her findings, including any refusal by the executive office to cooperate. In his signing statement, Trump wrote that his understanding of constitutional powers allows him to gag the special IG:
"I do not understand, and my Administration will not treat, this provision as permitting the [inspector general] to issue reports to the Congress without the presidential supervision required" by Article II of the Constitution.
The signing statement further suggests that Trump does not have to comply with a provision requiring that agencies consult with Congress before it spends or reallocates certain funds: "These provisions are impermissible forms of congressional aggrandizement with respect to the execution of the laws," the statement reads.
While some have said that Congress fell short in this instance, one Democratic Senate aide told Politico that Congress built in multiple layers of oversight, including “a review of other inspectors general and a congressional review committee charged with overseeing Treasury and the Federal Reserve's efforts to implement the law.”
Legal experts have pointed out that a signing statement is “without legal effect.” But that ignores the fact that oversight is not equal to enforcement. The problem, in my opinion, isn’t that Congress won’t be notified of any abuses of power by Trump. The problem is that congressional Republicans and the judiciary have largely failed to hold him accountable and enforce our laws even after learning of his abuses.

Concerns about the IG

Another potential weakness in the oversight structure is the inspector general position itself. The special inspector general for pandemic recovery, known by the acronym S.I.G.P.R., is nominated by the president and confirmed by the Republican-controlled Senate. As we’ve seen from Trump’s previous nominees, particularly judicial, many unqualified individuals have been confirmed. The Democrats will not have the power to stop the president and Mitch McConnell from jamming through a loyalist to fill the SIGPR role.
Former inspector general at the Justice Department Michael Bromwich: “The signing statement threatens to undermine the authority and independence of this new IG. The Senate should extract a commitment from the nominee that Congress will be promptly notified of any Presidential/Administration interference or obstruction.”
You may recall that Trump has already proven that he’s willing to interfere with the legally-mandated work of an inspector general. When the Ukraine whistleblower filed a complaint last year, the IG of the Intelligence Community, Michael Atkinson, investigated and determined the complaint to be “urgent” and “credible.” Atkinson wrote a report and gave it to Director of National Intelligence Joseph Maguire to hand over to Congress. However, the White House and DOJ interfered and instructed Maguire not to transmit the report to the Senate and House Intelligence Committees. Chairman Adam Schiff had to subpoena Maguire to turn over the report and testify before his committee.
Further, there are already five IG vacancies in agencies that have a critical role in responding to the pandemic. The Treasury itself has not had a permanent, Senate-confirmed IG for over eight months now, and Trump hasn’t nominated a replacement. The Treasury Dept. has taken a lead role in the coronavirus response, with Secretary Mnuchin handling most of the negotiating with Congress on Trump’s behalf. The fact that the lead agency doesn’t have IG oversight should be troublesome in itself; replicating the situation with a special IG doesn’t seem to be a promising solution.
UPDATE: The nation's inspectors general have appointed Glenn Fine, the Pentagon's acting IG, to lead the committee of IGs overseeing the coronavirus relief effort.
This is one of several oversight mechanisms built into the new law. They include:
A committee of IGs (now led by Fine), a new special IG (to be nominated by Trump), a congressional review panel (to be appointed by House/Senate leaders)

Direct payments

Included in the stimulus bill is a $1200 one-time direct payment for all Americans who made less than $75,000 in 2019 (less than $150,000 if couples filed jointly). More details can be found here. I have read that the Treasury will use 2018 information for those who have not filed yet this year, but I am not 100% sure that’ll happen.
Mnuchin has said that Americans can expect to receive the money within three weeks, but many experts expect that timetable to be pushed into late April. Additionally, that only applies to Americans who included direct deposit information on their 2019 tax returns. Those who did not include their bank’s information will have to be sent a physical check in the mail… which could take anywhere from two to four months.
Other options are being discussed, including partnering the Treasury Dept. with MasterCard and Visa to deliver prepaid debit cards. Venmo and Paypal are reportedly lobbying the government to be considered as a disbursement option.
Future payments?
House Speaker Pelosi is already planning another wave of direct payments to Americans, saying that the $1,200 is not enough to mitigate the economic effects of the pandemic: “I don’t think we’ve seen the end of direct payments.” Republicans, meanwhile, are taking a ‘wait and see’ approach, using the next couple of weeks to measure the impact of the $2 trillion bill passed last week.
House Minority Leader Kevin McCarthy: “What concerns me is when I listen to Nancy Pelosi talk about a fourth package now, it’s because she did not get out of things that she really wanted...I’m not sure you need a fourth package...Let’s let this work ... We have now given the resources to make and solve this problem. We don’t need to be crafting another bill right now.”
For the fourth legislative package, Democrats have said they would like to see increased food stamp benefits; increased coverage for coronavirus testing, visits to the doctor and treatment; more money for state and local governments, including Washington, D.C.; expanded family and medical leave; pension fixes; and stronger workplace protections.
Trump’s signature
Normally, a civil servant signs federal checks, like the direct payments Americans are set to receive. According to a Wall Street Journal report, Trump has told people that he wants his signature to appear on the stimulus checks.

THE SIDES

War on the poor continues

Amid the coronavirus crisis, Trump has defended his continued support of a Republican-led lawsuit to dismantle the Affordable Care Act, which would result in 20 million Americans losing health insurance if successful. The Supreme Court agreed to hear arguments in the case this fall. Contrasting with his position that the ACA is illegal, Trump is considering reopening enrollment on HealthCare.gov, allowing millions of uninsured individuals to get coverage before potentially incurring charges and fees related to COVID-19.
Joe Biden called on Texas Attorney General Ken Paxton, who is leading the charge against the ACA, and President Trump to drop the lawsuit:
“At a time of national emergency, which is laying bare the existing vulnerabilities in our public health infrastructure, it is unconscionable that you are continuing to pursue a lawsuit designed to strip millions of Americans of their health insurance and protections under the Affordable Care Act (ACA), including the ban on insurers denying coverage or raising premiums due to pre-existing conditions.”
The Trump administration is also pushing forward with its plan to kick 700,000 people off federal food stamp assistance, known as SNAP (Supplemental Nutrition Assistance Program). The USDA announced two weeks ago that the department will appeal Judge Beryl Howell’s recent decision that the USDA’s work mandate rule is “arbitrary and capricious."
Additionally: The Social Security Administration has no plans to slow down a rule change set for June that will limit disability benefits, the Department of Health and Human Services still intends to reduce automatic enrollment in health coverage, and the Department of Housing and Urban Development will continue the process to enact a rule that would make it harder for renters to sue landlords for racial discrimination.

Lawmakers’ stock transactions

The Justice Department and Securities and Exchange Commission are beginning to investigate stock transactions made ahead of the economic crisis caused by the coronavirus pandemic. CNN reports that the inquiry has already reached out to Senator Richard Burr for information. “Under insider trading laws, prosecutors would need to prove the lawmakers traded based on material non-public information they received in violation of a duty to keep it confidential,” a task that won’t be easy.
Sen. Burr is facing another consequence of his trades: Alan Jacobson, a shareholder in Wyndham Hotels and Resorts, sued Burr for allegedly using private information to instruct a mass liquidation of his assets. Among the shares he sold were an up to $150,000 stake in Wyndham, whose stock suffered a market-value cut of more than two-thirds since mid-February.

Environmental rollbacks

Using the pandemic as cover, the Trump administration has begun to more aggressively roll back regulations meant to protect the environment. These are examples of what Naomi Klein dubbed “the shock doctrine”: the phenomenon wherein polluters and their government allies push through unpopular policy changes under the smokescreen of a public emergency.
On Thursday, the EPA announced (non-paywalled) an expansive relaxation of environmental laws and fines, exempting companies from consequences for pollution. Under the new rules, there are basically no rules. Companies are asked to “act responsibly” but are not required to report when their facilities discharge pollution into the air or water. Just five days before abandoning any pollution oversight, the oil industry’s largest trade group implored the administration for assistance, stating that social distancing measures caused a steep drop in demand for gasoline.
  • Monday morning update: In an interview with Fox News this morning, Trump said he was going to call Putin after the interview to discuss the Saudi-Russia oil fight. A consequence of this "battle" has been plummeting prices in the U.S. making it difficult for domestic companies (like shale extraction) to turn a profit. It's striking that the day after Dr. Fauci told Americans we can expect 100,000 to 200,000 deaths from COVID-19 (if we keep social distancing measures in place), Trump's first action is to talk to Fox News and his second action is to intervene in an international tiff on behalf of the oil and gas industry.
Gina McCarthy, who led the E.P.A. under the Obama administration, called the rollback “an open license to pollute.” Cynthia Giles, who headed the EPA enforcement division during the Obama administration, said “it is so far beyond any reasonable response I am just stunned.”
The EPA is also moving forward with a widely-opposed rule to limit the types of scientific studies used when crafting new regulations or revising current ones. Hidden behind claims of increased transparency, the rule would require disclosure of all raw data used in scientific studies. This would disqualify many fields of research that rely on personal health information from individuals that must be kept confidential. For example, studies that show air pollution causes premature deaths or a certain pesticide is linked to birth defects would be rejected under the proposed rule change.
Officials and scientists are calling upon the EPA to extend the time for comment on the regulatory changes, arguing that the public is unable to express their opinion while dealing with the pandemic.
“These rollbacks need and deserve the input of our public health community, but right now, they are rightfully focused on responding to the coronavirus,” said Representative Frank Pallone of New Jersey, the chairman of the House Energy and Commerce Committee.
Other controversial decisions being made:
  • A former EPA official who worked on controversial policies returned as Administrator Andrew Wheeler’s chief of staff. Mandy Gunasekara helped write regulations to ease pollution controls for coal-fired power plants and vehicle emissions in her previous role as chief of the EPA’s Office of Air and Radiation. In a recent interview, Gunasekara, who played a role in the decision to exit the Paris Climate Accord, pushed back on the more dire predictions of climate change, saying, “I don't think it is catastrophic.”
  • NYT: The plastic bag industry, battered by a wave of bans nationwide, is using the coronavirus crisis to try to block laws prohibiting single-use plastic. “We simply don’t want millions of Americans bringing germ-filled reusable bags into retail establishments putting the public and workers at risk,” an industry campaign that goes by the name Bag the Ban warned on Tuesday. (Also see The Guardian)
  • Kentucky, South Dakota, and West Virginia passed laws putting new criminal penalties on protests against fossil fuel infrastructure in just the past two weeks.
  • The Hill: The Environmental Protection Agency (EPA) said Friday that it will extend the amount of time that winter gasoline can be sold this year as producers have been facing lower demand due to the coronavirus. It will allow companies to sell the winter-grade gasoline through May 20, whereas companies would have previously been required to stop selling it by May 1 to protect air quality. “In responding to an international health crisis, the last thing the EPA should do is take steps that will worsen air quality and undermine the public’s health,” biofuels expert David DeGennaro said.
  • NYT: At the Interior Department, employees at the U.S. Fish and Wildlife Service have been under strict orders to complete the rule eliminating some protections for migratory birds within 30 days, according to two people with direct knowledge of the orders. The 45-day comment period on that rule ended on March 19.
  • WaPo: The Interior Department has received over 230 nominations for oil and gas leases covering more than 150,000 acres across southern Utah, a push that would bring drilling as close as a half-mile from some of the nation’s most famous protected sites, including Arches and Canyonlands National Parks… if all the fossil fuels buried in those sites was extracted and burned, it would translate into between 1 billion and 5.95 billion metric tons of carbon dioxide being released into the air. That upward measure is equal to half the annual carbon output of China

Court updates

Press freedom case
Southern District of New York District Judge Lorna Schofield ruled that a literary advocacy group’s lawsuit against Trump for allegedly violating the First Amendment can move forward. The group, PEN America, is pursuing claims that Trump “has used government power to retaliate against media coverage and reporters he dislikes.”
Schofield determined that PEN’s allegation that Trump made threats to chill free speech was valid, providing as an example the White House’s revocation of CNN correspondent Jim Acosta’s press press corps credentials:
”The threats are lent credence by the fact that Defendant has acted on them before, by revoking Mr. Acosta’s credentials and barring reporters from particular press conferences. The Press Secretary indeed e-mailed the entire press corps to inform them of new rules of conduct and to warn of further consequences, citing the incident involving Mr. Acosta… These facts plausibly allege that a motivation for defendant’s actions is controlling and punishing speech he dislikes.”
Twitter case
The president suffered another First Amendment defeat last week when the full 2nd Circuit Court of Appeals declined to review a previous ruling that prevents Trump from blocking users on the Twitter account he uses to communicate with the public. Judge Barrington D. Parker, a Nixon-appointee, wrote: “Excluding people from an otherwise public forum such as this by blocking those who express views critical of a public official is, we concluded, unconstitutional.”
Trump-appointees Michael Parker and Richard Sullivan authored a dissent, arguing the free speech “does not include a right to post on other people’s personal social media accounts, even if those other people happen to be public officials.” Park warned that the ruling will allow the social media pages of public officials to be “overrun with harassment, trolling, and hate speech, which officials will be powerless to filter.”
Florida’s felon voting
U.S. District Judge Robert Hinkle ripped into Florida Governor Ron DeSantis’s administration for failing to come up with a process to determine which felons are genuinely unable to pay court-ordered fees and fines, which are otherwise required to be paid before having their voting rights restored.
“If the state is not going to fix it, I will,” Hinkle warned. He had given the state five months to come up with an administrative process for felons to prove they’re unable to pay financial obligations, but Florida officials did not do so. The case is set to be heard on April 28 (notwithstanding any coronavirus-related delays).

ICE, Jails, and COVID-19

ICE
One of the most overlooked populations with an increased risk of death from coronavirus are those in detention facilities, which keep people in close quarters with little sanitation or protective measures (including for staff).
Last week, U.S. District Judge Dolly Gee ordered the federal government to “make continuous efforts” to release migrant children from detention centers across the country. Numerous advocacy groups asked for the release after reports that four children being held in New York had tested positive for the virus:
“The threat of irreparable injury to their health and safety is palpable,” the plaintiffs’ lawyers said in their petition… both of the agencies operating migrant children detention facilities must by April 6 provide an accounting of their efforts to release those in custody… “Her order will undoubtedly speed up releases,” said Peter Schey, co-counsel for the plaintiffs in the court case.
On Tuesday, 13 immigrants held at ICE facilities in California filed a lawsuit demanding to be released because their health conditions make them particularly vulnerable to dying if infected by the coronavirus. An ACLU statement says the detainees are “confined in crowded and unsanitary conditions where social distancing is not possible.” The 13 individuals are all over the age of 50 and/or suffering from serious underlying medical issues like high blood pressure.
“From all the evidence we have seen, ICE is failing to fulfill its constitutional obligation to protect the health and safety of individuals in its custody. ICE should exercise its existing discretion to release people with serious medical conditions from detention for humanitarian reasons,” said William Freeman, senior counsel at the ACLU of Northern California.
Meanwhile, ICE is under fire for continuing to shuttle detainees across the country, with one even being forced to take nine different flights bouncing from Louisiana to Texas to New Jersey less than two weeks ago. That man is Dr. Sirous Asgari, a materials science and engineering professor from Iran, who was acquitted last year on federal charges of stealing trade secrets. The government lost its case against him, yet ICE has had him in indefinite detention since November.
Asgari, 59, told the Guardian that his Ice holding facility in Alexandria, Louisiana, had no basic cleaning practices in place and continued to bring in new detainees from across the country with no strategy to minimize the threat of Covid-19...Detainees have no hand sanitizer, and the facility is not regularly cleaning bathrooms or sleeping areas…Detainees lack access to masks… Detainees struggle to stay clean, and the facility has an awful stench.
Jails
State jails are making a better effort to release detained individuals, as both New York and New Jersey ordered a thousand people in each state be let out of jail. The order applied only to low-level offenders sentenced to less than a year in jail and those held on technical probation violations. In Los Angeles County, officials released over 1,700 people from its jails.
A judge in Alabama took similar steps last week, ordering roughly 500 people jailed for minor offenses to be released to lessen crowding in facilities. Unlike in New York and New Jersey, however, local officials reacted in an uproar, led in part by the state executive committee for the Alabama Republican Party and Assistant District Attorney C.J. Robinson. Using angry Facebook messages as the barometer of the community’s feelings, Robinson worked “frantically” to block inmates from being released.
  • Reuters: As of Saturday, at least 132 inmates and 104 staff at jails across New York City had tested positive for COVID-19, the disease caused by the coronavirus… Since March 22, jails have reported 226 inmates and 131 staff with confirmed cases of COVID-19, according to a Reuters survey of cities and counties that run America’s 20 largest jails. The numbers are almost certainly an undercount given the fast spread of the virus.

Tribe opposed by Trump loses land

On Wednesday, The Federal Bureau of Indian Affairs announced the Mashpee Wampanoag Tribe’s reservation would be "disestablished" and its land trust status removed. Tribal Chairman Cedric Cromwell called the move "cruel" and "unnecessary,” particularly coming in the midst of a pandemic crisis. Rep. Bill Keating (D-Mass.), who last year introduced legislation to protect the tribe's reservation as trust land in Massachusetts, said the order “is one of the most cruel and nonsensical acts I have seen since coming to Congress.”
The administration’s decision is especially suspicious as just last year Trump attacked the tribe’s plan to build a casino on its land, tweeting that allowing the construction would be “unfair” and treat Native Americans unequally. As a former casino owner, Trump has spent decades attacking Native American casinos as unfair competition. At a 1993 congressional hearing Trump said that tribal owners “don’t look like Indians to me” and claimed: “I might have more Indian blood than a lot of the so-called Indians that are trying to open up the reservations” to gambling.
More than his past history, however, Trump has current interests at play in the Mashpee Wampanoag’s planned casino: it would have competed for business with nearby Rhode Island casinos owned by Twin River Worldwide Holdings, whose president, George Papanier, was a finance executive at the Trump Plaza casino hotel in Atlantic City.
In the Mashpee case, Twin River, the operator of the two Rhode Island casinos, has hired Matthew Schlapp, chairman of the American Conservative Union and a vocal Trump supporter, to lobby for it on the land issue. Schlapp’s wife, Mercedes, is director of strategic communications at the White House.
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twin river casino closing november 2020 video

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To that end, we will temporarily close our doors at the Twin River Casino Hotel in Lincoln and the Tiverton Casino Hotel at 10:00 pm on Sunday, November 29th with the hope and expectation that Twin River Casino in Lincoln, Rhode Island, is a full casino with live table games, video slot machines, virtual table games, live entertainment and dining. Twin River Worldwide Holdings, Inc., which will change its name to Bally's Corporation effective November 9, 2020, currently owns and operates nine casinos across five states, a horse racetrack, and 13 authorized OTB licenses in Colorado. Its two casinos, owned by Ballys (formerly Twin River) will be forced to shutter on November 30, along with colleges and universities, offices, bars, gyms and various other nonessential indoor businesses. As with Illinois, this will be a two-week shutdown. Before the pandemic, Twin River saw about 15,000 daily visitors. Today, it is operating at about 40% capacity. All casino visitors must wear masks and enter through the valet entrance, where they Part of that two-week pause is the closure of entertainment venues, including Twin River and Tiverton Casino Hotel. For that reason, we will close at 10 pm on Sunday, November 29th , with the expectation that circumstances will allow us to reopen on Monday, December 14th at 6am. Bally’s to Close Rhode Island Casinos Later This Month, Per Governor’s Order. Posted on: November 20, 2020, 01:00h. Last updated on: November 20, 2020, 05:11h. Research COVID-19 Casino Tracker The COVID-19 pandemic caused every single casino in the U.S. to close. Use this map to see the current status. 19 November 2020 Due to a two-week pause ordered by Governor Gina Raimondo, Tiverton Casino Hotel and Twin River Casino Hotel will temporarily close beginning 29 November at 10 p.m. “We respect the Governor’s decision to temporarily close our two Rhode Island casinos," said Marc Crisafulli, president of Twin River Casino Hotel and Tiverton Casino Hotel, through a spokesperson via The This October 1, 2020 photo shows the exterior of Ballys Casino in Atlantic City, New Jersey. On November 4, 2020, officials at Twin River Worldwide Holdings, a Rhode Island company that is buying Ballys for $ 25 million, said they can do it. “A place to see and be seen by investing $ 90 million in the aging casino and increasing its offerings.

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CES 40 - November 23rd at Twin River Casino - YouTube

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twin river casino closing november 2020

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