TIME justice

Ex-Wife of Oil Magnate to Appeal $1 Billion Divorce Award

7th Annual Heath Corps Grassroots Garden Gala
Harold Hamm ,CEO of Continental Resources, attends the 7th Annual Heath Corps Grassroots Garden Gala at Gotham Hall on April 17, 2013 in New York City. Brad Barket—Getty Images

This high-stakes divorce case isn't over yet

The ex-wife of an oil magnate will appeal the divorce award of over $1 billion in cash and assets that she was handed this week, in one of the largest divorce cases in U.S. History, her lawyers said Thursday.

Attorneys for Sue Ann Hamm said the $995 million sum that her ex-husband, Continental Resources CEO Harold Hamm (worth an estimated $12.6 billion), was ordered to pay her was “not equitable,” according to Reuters. She was also allowed to keep additional assets, including homes in California and Oklahoma that are worth tens of millions of dollars.

Hamm, a lawyer and an economist, worked at Continental during parts of their 26-year marriage.

Continental Resources’ shares have fallen since the divorce proceedings began. Harold Hamm holds more than 68% of the company’s stock, a stake valued at around $13.5 billion today, but was worth $18 billion nine and a half weeks ago since the trial began. The appeals process could take months or even years.

[Reuters]

TIME Immigration

Report: Obama Set to Go it Alone on Immigration

Sara Ramirez, of Gaithersberg, Md. rallies for comprehensive immigration reform outside the White House in Washington D.C. on Nov. 7, 2014.
Sara Ramirez, of Gaithersberg, Md. rallies for comprehensive immigration reform outside the White House in Washington D.C. on Nov. 7, 2014. Jacquelyn Martin—AP

The White House could make the move as early as next week

President Barack Obama is poised to unilaterally overhaul American immigration policy, according to several reports Thursday, in a long-anticipated move that would ignore his Republican critics and could allow up to 5 million undocumented immigrants to stay in the country.

Citing unnamed administration officials, the New York Times reports that Obama intends as early as next week to announce plans to substantially refocus immigration enforcement involving some 12,000 agents and reduce the risk of deportation for millions of immigrants.

As many as 3.3 million parents of children who are American citizens or legal residents would be able to obtain legal work documents under the plan, the Times adds. Many immigrants with high-tech skills or who came to the United States as children could also be affected by the plan.

Obama has infuriated Republicans by pledging executive action on immigration if Congress does not pass a comprehensive reform bill. TIME’s Alex Altman wrote this week on the widely expected move, as well as the likely push-back from the soon-to-be Republican-controlled Congress:

The pressure on Obama to delay executive action is likely to build. Republican leaders say that skirting Congress to go it alone would ignite a controversy that jeopardizes the chances for cooperation between the President and the new GOP Congressional majority on a host of issues. “It’s like waving a red flag in front of a bull,” Republican Senate leader Mitch McConnell said. Immigration will be a touchstone in confirmation hearings for Loretta Lynch, Obama’s pick for attorney general. Tea Party conservatives in the Senate signaled they plan to use the hearings to press Lynch on her views of the President’s executive authority on immigration.

Enacting sweeping changes to immigration law just weeks after the party was rebuked by voters at the polls could spark a blowback from voters. In one recent survey, conducted by Republican pollster Kellyanne Conway, 74% of respondents said they preferred Obama to work with Congress to retool a broken immigration system rather than maneuvering around the legislative branch.

Even some seasoned Democrats seem a bit skittish about the idea. Over a sea bass lunch Friday with Congressional leaders in the Old Family Dining Room of the White House, Obama told Boehner that his patience in waiting for the House to act on immigration had run out. At that point, according to a source familiar with the meeting, Vice President Joe Biden piped up to ask how long Republicans would need to craft immigration legislation—prompting the President to shoot Biden a look that closed the discussion.

Read more about Obama’s plan to overhaul immigration at the New York Times

Read next: How Ellis Island Changed Before It Closed

TIME Crime

Ferguson Grand Jury Nearing ‘End of the Road’

Switzerland United Nations US Torture
Lesley McSpadden and Michael Brown, Sr., parents of teenager Michael Brown, who was shot by a policeman in Ferguson, Missouri, speak during a press conference about the UN Committee Against Torture in Geneva, Switzerland on Nov. 12. Martial Trezzini—AP

Lawyers for Michael Brown's family call for restraint following a decision

The grand jury that will decide whether a white police officer will be charged in the death of unarmed black teenager Michael Brown is close to wrapping up, lawyers for the Brown family said Thursday.

“We are probably reaching the end of the road as it relates to witnesses,” said Anthony Gray, one of the family lawyers, according to Reuters.

Gray and attorney Benjamin Crump also called for Ferguson residents to exercise restraint when a decision by the grand jury is announced, expected to be sometime this month. Earlier this week, Gov. Jay Nixon said that he would consider deploying the National Guard to quell potential violence in the wake of a grand jury decision.

Ferguson, which is predominantly black but overseen by a largely white police force, became a focal point for race relations in the U.S. this summer when officer Darren Wilson shot 18-year-old Brown. Witnesses have provided differing versions of the incident, with some describing a physical altercation between the two while others saying Wilson shot Brown as he had his hands up.

Pathologist Michael Baden was set to testify Thursday. According to an autopsy performed by Baden, Brown was shot at least six times, twice in the head.

Read next: Ferguson Braces for the Worst Ahead of Grand Jury Decision

TIME Transportation

Lyft Gets Into the Commuting Business

Lyft ride share car
A woman is driving a car for the rideshare company Lyft with a fake jumbo pink mustache that attaches to the grille of the car, in June 2014. Frank Duenzl/picture-alliance/dpa/AP Images

Will give Uber for Business some competition

Ride-sharing company Lyft announced the launch of a commuting service Thursday, bringing some new competition to Uber in the employee-travel market.

Lyft for Work allows employers to purchase and issue credits to employees each month, which they can dip into for commuting to the office or traveling to and from certain company events. In July, Uber launched Uber for Business, which allows multiple employees to use a company credit card for billing their work-related car rides, rather than each using individual company cards (or their own and then seeking reimbursement).

The two companies are positioning their employee-centric programs as different types of solutions. Lyft touts Lyft for Work as a social good more than a way to streamline tedious expense accounting. “Across the country, nearly 80% of workers drive to work alone. Imagine if that 80% filled the seats in their empty cars through Lyft,” the company said in their press release announcing the service. “We could eliminate rush hour congestion, drastically reduce travel time and make the commute more enjoyable.”

Uber, on the other hand, bills their service up front as “uncomplicating [sic] business travel for your entire company.” In October, the company claimed that businesses opting for employees to use the lower-priced UberX (rather than cabs or limos) may be saving around $1,000 per employee.

When asked how the new service differs from Uber’s offering, Lyft spokesperson Paige Thelen says it’s more customizable. Employers can set up their workers’ accounts so that funds can be used only to and from preapproved addresses. If a worker takes a Lyft to the office, for example, the app can detect the drop-off point and automatically apply the commuting credits rather than the user’s personal credit card.

Employees can also be left to manually apply the credits, just as Uber for Business users simply toggle to the company credit card as their billing option. Uber emphasizes that using “U4B” gives administrators oversight by cataloging trips and is integrated with an expense management tool, taking another step out of the expensing process for companies who use it.

The two companies—which at their heart share the mission of making local transportation easier—already have several competing services, including a pair rolled out within a day of each other. Lyft Plus is a fancier, more expensive option than a standard ride, which competes with Uber’s signature black car service. UberX is a lower-cost, less formal option that is more on par with the average Lyft, a ride in a non-professional’s personal car. This August, Uber and Lyft both announced new carpooling options, Lyft Line and Uber Pool, cheaper rides available to passengers who are willing to share their vehicle with other travelers going in the same direction.

Uber for Business and Lyft for Work may share a grammatical construction but, as pundits have noted, it’s not necessarily easy to say who really had an idea first. Perhaps with allegations of mimicry in mind, Lyft pointed out in their press release that this type of service has been in line with the company’s mission since it was called Zimride, a precursor to Lyft that was founded before Uber. “From the earliest days, Zimride’s platform was powered through partnerships with companies and college campuses where individuals shared common starting points or destinations,” the company wrote in their release.

“It’s going back to our initial vision,” Lyft spokesperson Paige Thelen says of the new service, “to fill the empty seats in our cars and on our roads.”

Lyft also announced partnerships with 29 companies in place before the launch, including headliners like Adobe and Yelp. In October, Uber announced that “thousands” of small to mid-sized businesses signed up within the first three months.

TIME justice

Ohio Looks to Shield Lethal Injection Drugmakers

Death Penalty Obese Inmate
Ohio legislators are looking to shield the identity of drugmakers for lethal injections, which are performed in the execution chamber in the Southern Ohio Correctional Facility in Lucasville, Ohio. Kiichiro Sato—Associated Press

Bill would keep the source of lethal injection drugs anonymous

Ohio lawmakers introduced legislation this week that would keep the source of lethal injection drugs anonymous.

The House bill, which was introduced on Monday and had its first hearing Wednesday, would protect individuals and pharmaceutical companies that manufacture, compound or supply drugs for executions while keeping those involved in administering the drugs, like physicians, anonymous.

Shielding the identity of drugmakers has become a common tactic by states that have had trouble obtaining execution drugs. Many drugmakers, especially compounding pharmacies—which are not under federal oversight but have been frequently used by prison systems and departments of corrections—don’t want it publicly known that they’re working with states to carry out lethal injections, fearing backlash from consumers and anti-death penalty advocates. Several states, including Arizona, Georgia and Missouri, have secrecy laws protecting drugmakers’ identities.

In October, Ohio’s attorney general said it was unlikely that the state would perform another lethal injection without action from legislators keeping the source of the state’s drugs anonymous. That statement indicated Ohio was likely out of lethal drugs altogether, and needed the ability to reassure compounding pharmacies that their identities would remain protected if the state sought drugs from them.

In August, a U.S. district judge extended a moratorium on lethal injections in the state until January 15, 2015. The order came after the execution of Dennis McGuire, who reportedly snored and snorted on the execution table in January in a prolonged lethal injection widely considered botched.

TIME Health Care

The Truth About Gruber-Gate

Republicans think they have found a smoking gun that exposes a nefarious plan by the Obama Administration to lie to the public in order to build support for the Affordable Care Act. This week, several videos from 2012 and 2013 have surfaced that show MIT Professor Jonathan Gruber, a former paid consultant to the Administration on health reform, calling the American people “stupid” and saying “a lack of transparency” was crucial to getting the ACA passed in 2010.

“Stupid” is not a great word to use to describe anyone, and Gruber said Tuesday that he regretted the comment. But rather than a smoking gun, Gruber-gate is actually a flash of candor in a debate that was filled with disingenuous statements from both sides. Supporters of the law did, in fact, do their best to obscure unpopular provisions—like new taxes. But Republican opponents were just as deceptive in their efforts to exaggerate the law’s potential negative effects. Neither is excusable.

The American people did not really understand the intricacies of the ACA before it passed. In April 2010, 55% of Americans said they were “confused” by the law, even after it passed and its provisions had been parsed for months in the media. Some of the confusion was due to Washington rhetoric that obscured the true details of the law and some can be blamed on a media that focused more on the politics of the bill than its policies.

It also seems unrealistic to expect average citizens to sort through a piece of legislation as large and complicated as the ACA to judge fact from fiction. Instead, the public largely relied on the opinions and information disseminated by politicians they agreed with generally.

That’s where the party-line deceptions come in. In one video, Gruber says that if the public had really understood that the law would require healthy people to pay for sick people, it wouldn’t have passed. He also says that the penalty for not having insurance is a “tax,” even though Democrats didn’t use that word to describe it because it would have made the law politically unfeasible. In another video, Gruber explains that a new ACA tax on high-cost health plans supposedly levied on insurers would actually be passed through to consumers.

None of these facts are exactly revelatory. Healthy people subsidizing sick people is how health insurance works. Whether it’s perceived as a “tax” or not, nobody wants to pay a financial penalty for not having insurance. And of course it’s true that any company—including an insurer—will try to pass overhead costs on to its customers.

The truth is there was deception on both sides of the debate that preceded passage of health care reform. Two wrongs don’t make a right—transparency is always better and more fair—but such context is necessary when judging Gruber and his remarks caught on tape. Republicans propagated talk of “death panels” and the notion that health reform would “ration” care, putting a board in charge of deciding who could live or die. The ACA does neither. The GOP also peddled the false idea that Democratic health reform was a “government takeover,” an argument that conveniently left out the fact that government dollars account for more than half of all health spending, with or without the ACA. And Republicans cast the entire discussion of the “public option,” a Medicare-like government insurance plan consumers could buy if they wanted to, as socialized medicine for all.

I’ve talked to Gruber many times over the past six years. He’s a good source because he’s smart, candid and was privy to the Democratic behind-the-scenes thinking and maneuvering that preceded passage of the Affordable Care Act. Gruber has always spoken so freely that I suspect the Obama Administration never felt completely at ease with the idea that one of its chief consultants was out there explaining everything, untethered. Comments Gruber made in 2012 about the health law’s subsidy system, which were also caught on tape and which he later described as “off the cuff,” could weaken the government’s case when it defends the law before the Supreme Court next year. (I reached Gruber to discuss this latest video controversy and he declined to comment on the record.) Gruber’s usually willing to talk and often, it seems, he’s not thinking much about the political ramifications of what he says.

In 2013, for instance, I asked Gruber if Democrats understood that the ACA would slowly and methodically erode the system under which millions of Americans get health insurance through their jobs. In pitching the ACA, Democrats had been adamant that the law would support and sustain the employer-based system, not erode it. But Gruber knew better and he told me so, likening workers being kicked off job-based health plans to people “falling off a building,” an outcome that architects of the ACA knew was likely and had planned for.

At least one Republican in Congress has called for hearings over Gruber’s newly revealed comments. Buoyed by a midterm election that gave the party a larger majority in the House and a new majority in the Senate, Republicans are hoping that Gruber-Gate might help them dismantle parts of the ACA next year.

What’s significant about Gruber-gate, though, is not that the Obama Administration was less transparent about what the ACA would do than its critics. It’s that Gruber admitted that his side participated in this unseemly dance.

TIME #TheBrief

#TheBrief: The Most Important Thing About the U.S.-China Climate Deal

The ambitious plan will face opposition at home and abroad

The U.S. and China announced a landmark joint agreement Wednesday to cut back on greenhouse gas emissions.

“We have a special responsibility to lead the global effort when it comes to climate change,” stated Obama at the APEC summit on Nov. 12.

Together, the U.S. and China emit almost a third of the world’s greenhouse gasses. Under the terms of the proposal, the U.S. will emit at least 26% less carbon dioxide in 2025 than it did in 2005. China said it would boost use of renewable and nuclear energy to begin reducing emission levels.

This plan, however, is not popular with everyone. Watch #TheBrief to find out the most important thing about the deal.

TIME Crime

New Orleans Police Routinely Fail to Investigate Sex Crimes, Report Says

New Orleans Police patrol the French Quarter on Jan. 28, 2014 in New Orleans.
New Orleans Police patrol the French Quarter on Jan. 28, 2014 in New Orleans. An inspector general's report shows that NOPD detectives routinely fail to follow-up and investigate sexual assault cases. Sean Gardner—Getty Images

Report shows only 14% of cases over two years were properly investigated

The city of New Orleans’ top inspector has accused its police force of multiple failures to properly investigate sex crimes, in a damning new report.

Detectives ignored reports of sex crimes, failed to follow up on reported sexual abuse cases and routinely failed to provide documentation of sexual investigations, often writing up questionable case files, according to a report released by the city’s inspector general.

The report identified 1,290 sex crime incidents from 2011 to 2013 assigned to five detectives; only 179 (14%) included supplemental reports showing that they properly pursued and investigated those cases. In 450 cases with initial investigative reports filed by the detectives, 271 (60%) did not include documents showing that there was any additional follow-up.

While the report didn’t name the detectives, it did describe multiple instances where additional investigation appeared warranted, but wasn’t pursued. In one case, an infant was brought to an emergency room with a skull fracture from what a nurse described as “suspected non-accidental trauma.” The detective, however, did not investigate the incident further and closed the case.

In another case, involving a different detective, a woman who told police she had been sexually assaulted and that her iPhone had been stolen. But there was no follow-up investigation nor apparent efforts made to track her phone or obtain phone records.

The New Orleans police department has a history of mismanagement and problematic practices and has been under federal court supervision since 2012 in part due to issues like those raised by the inspector general’s report.

The federal oversight came about in part due to issues in investigating sexual assaults, with detectives often misclassifying or reclassifying sex crime incidents as lower-level “miscellaneous” offenses, leading to citywide numbers appearing lower.

TIME Education

Ex-Microsoft CEO Steve Ballmer Gave a Bunch of Cash to Harvard’s Computer Science Program

Steve Ballmer Microsoft Harvard
New owner of the Los Angeles Clippers Steve Ballmer addresses the media after being introduced for the first time during Los Angeles Clippers Fan Festival at Staples Center on August 18, 2014 in Los Angeles, California. Jeff Gross—Getty Images

Ballmer wants to make Harvard's computer science department the best in the world

Former Microsoft CEO Steve Ballmer has given Harvard University an unknown amount of money to significantly expand the school’s computer science department, it was announced Thursday.

Ballmer, now owner of the NBA’s L.A. Clippers, graduated from Harvard College in 1977. He said in a statement that Harvard’s computer science department is “small, but excellent,” and believes a faculty expansion will allow the university to build a preeminent program. Harvard President Drew Faust said in a statement that “we’re so grateful for Steve’s game-changing support and welcome this opportunity for the School of Engineering and Applied Sciences to take full advantage of the entire University’s distributed strengths.”

While Harvard nor Ballmer disclosed the exact amount of the gift, Ballmer told The New York Times that it would allow Harvard’s computer science faculty to expand from its current number of 24 to about 35.

Though Harvard is top-ranked as a national university, its computer science program is ranked at number 18, behind programs at Carnegie Mellon, MIT, Stanford and UC Berkeley, which are tied for the top spot, according to U.S. News & World Report. Still, Harvard undergraduates have demonstrated a rising interest in computer science, with the number of students concentrating in the field more than doubling between 2009 and 2013, according to the university’s handbook for students. A record-breaking 818 students enrolled in Harvard’s popular introductory computer science class, CS50, this semester.

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