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9/11 probe leaders Tom Kean and Lee Hamilton call for an independent panel to examine Capitol Hill siege

Former New Jersey Governor Tom Kean listening to witness testimony during a 9/11 Commission hearing in 2004.

By Dan Balz Washington Post

With the second acquittal of former President Donald Trump by the Senate, the two leaders of the commission that examined the 9/11 attacks are looking ahead to the next possible chapter, lending their influence to calls for a commission with a mandate to investigate fully the Jan. 6 insurrection at the Capitol.

As the impeachment trial was proceeding Friday, Tom Kean, the former Republican governor of New Jersey, and Lee Hamilton, the former Democratic House member from Indiana, sent a letter to President Joe Biden and to the bipartisan leaders in the House and Senate urging the establishment of a commission that would be both independent and bipartisan. That alone points to the challenges such a commission would face.

In the letter, the two wrote, “The shocking and tragic assault of Jan. 6th on the U.S. Capitol requires thorough investigation, to ensure that the American people learn the truth of what happened that day. An investigation should establish a single narrative and set of facts to identify how the Capitol was left vulnerable, as well as corrective actions to make the institution safe again.”

Police try to hold back rioters who stormed the U.S. Capitol on January 6, 2021

Neither Kean nor Hamilton sought to make a direct comparison with the events of Sept. 11, 2001, and those of Jan. 6. But as Kean put it in an interview: The Capitol attack “was a wound to democracy itself. … If the people we elect cannot be safe when they’re trying to do their work, then the country’s in trouble and will remain in trouble, and we’ve got to therefore get to the bottom of it.”

House Speaker Nancy Pelosi (D., Calif.) already has raised the idea of creating such a commission, as have some other members of Congress. Kean and Hamilton said that each had received a call from the speaker on Friday, following up on their letter and plumbing their expertise. But is there the will in Congress as a whole to go ahead with such an investigation after the Senate trial?

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In their letter, sent under the auspices of the Bipartisan Policy Commission, Kean and Hamilton acknowledged that it is the role and responsibility of Congress to decide whether to establish such a commission and how to structure it. As such, they did not mention the name of Trump or note that it was his followers who invaded the Capitol after having been called to Washington by the former president after being “fed lies” for weeks about a stolen election, as Senate Minority Leader Mitch McConnell (R., Ky.) put it.

But there is no question that any such commission would inevitably be confronted by the causes of this act of domestic terrorism, of insurrection, and presumably how Trump empowered those who put the lives of lawmakers and Capitol Hill staff in danger.

In an interview, neither Kean nor Hamilton directly addressed whether a new commission examining what happened on Jan. 6 could avoid dealing with the former president’s role. Instead, they said the key to a successful investigation, particularly in these fraught times, begins with the selection of the right people, both as commission members and as the commission staff, to lead it.

“[You] want to avoid the trap of partisanship,” Hamilton said. “You want to make sure you appoint high-quality people who have the good of the country at heart, are serious about it and honest about it, people with integrity who will examine the facts and not be swayed by ideology or partisanship.”

Yet both acknowledged that any commission appointed to investigate the attacks on the Capitol would be doing so in a far different environment than existed when they did their work. The attacks on Sept. 11, 2001, rallied the country in unity against international terrorism. Not so the attacks on the Capitol, though deplored by vast majorities of the country.

“I think it’s more difficult,” Kean said, “not only because of the former president, but because the time is different. … It’s very hard to get people to talk about politics in a way that gives decent respect to points of view on all sides. … That doesn’t mean you can’t do it [establish a commission]. I mean, you still have to do it.”

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Cyberattack on water plant is a wake up call 20 years in the making

By Jake Holland and Bobby Magill, Bloomberg Law

A cyberattack on a Florida water treatment plant underscores the need for strong security protections at the municipal level, attorneys and industry professionals say.

A hacker gained access to an Oldsmar, Fla. city computer on Feb. 5 and changed the level of sodium hydroxide, also known as lye, local authorities said. It isn’t yet known whether the breach originated from the U.S. or from outside the country. The Federal Bureau of Investigation is working with local authorities.

There’s been a “marked increase” in the last couple of years in cyber incidents against state and local government entities, said David Springer, a cybersecurity attorney at Bracewell LLP in Austin, Texas.

“A number of people have been calling this incident a wake-up call, but there have been reported attacks like this for 20 years now,” Springer said. “I’m glad it’s bringing attention to the security of industrial and municipal control systems.”

Water Systems Vulnerable

Vulnerability to cyberattacks varies across the 51,000 community water systems nationwide, said J. Alan Roberson, executive director of the Association of State Drinking Water Administrators.

“This needs to be elevated within the water sector,” because systems are too critical to be allowed to go down due to a cyberattack, he said.

The country’s largest water systems are the best prepared for cyberattacks because they’ve heavily invested in addressing security threats, Roberson noted.

One of the largest is American Water Works Company Inc., which said Tuesday that it acknowledges the severity of cyber threats and is working with state and federal agencies to prepare for them, spokesman Joseph Szafran said.

“American Water has a dedicated team of certified professionals who help maintain the cybersecurity of our informational and operational technology systems; safeguard the physical security of our staff, facilities and assets; and provide emergency response and business continuity activities,” Szafran said in an email.

Critical Infrastructure Risk

Guarding people’s privacy and protecting their personal information remains a top priority, but cyber hits to critical infrastructure should serve as reminders that bad actors can inflict real-world physical harm, said Paul Luehr, co-leader of Faegre Drinker Biddle & Reath LLP’s privacy and cybersecurity team.

“The Florida event shows cybersecurity isn’t always about personal data—it’s also about personal safety,” he said.

That a plant worker was able to quickly lower the chemical levels back to normal and prevent public harm reinforces how administrative, physical, and technical controls—including employee training—are vital to keeping systems secure, he said.

Critical infrastructure such as dams, power plants, and hospitals are attractive targets for bad actors and have increasingly been targeted in ransomware hits, said Greg Szewczyk, a privacy and cybersecurity partner at Ballard Spahr LLP in Denver.

It’s common for those types of entities to be targeted by nation-state actors, he said, but regardless of attacker type, businesses and municipal entities alike need to think about operational and organizational responsibilities, he said.

“They need to consider data security beyond the mere confines of guarding personal information,” Szewczyk said. “They should be regularly assessing cyber threats, identifying individual vulnerabilities, and adopting proper security measures.”

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Two Capitol Police officers who helped fight the mob died by suicide. More are hurting.

Police officer Jeffrey Smith, 35, died by suicide about one week after he and hundreds of other officers defended the U.S. Capitol from an insurgent mob. His wife, Erin Smith, wants her husband’s death to be declared a line-of-duty death. (Jack Reznicki)

By Peter Hermann, Washington Post

Engulfed in the crush of rioters storming the Capitol, D.C. police officer Jeffrey Smith sent his wife a text that spoke to the futility and fears of his mission.

“London has fallen,” the 35-year-old tapped on his phone at 2:38 p.m. on Jan. 6, knowing his wife would understand he was referencing a movie by that name about a plan to assassinate world leaders attending a funeral in Britain.

The text confirmed the frightening images Erin Smith was watching on live stream from the couple’s home in Virginia: The Capitol had been overrun.

Six minutes after Smith sent that text, a Capitol Police officer inside the building shot and killed a woman as she climbed through a smashed window next to the House chamber.

Smith, also inside the Capitol, didn’t hear the gunshot, but he did hear the frantic “shots fired” call over his police radio. He later told Erin he panicked, afraid rioters had opened fire on police, and wondered whether he would die.AD

Around 5:35 p.m., Smith was still fighting to defend the building when a metal pole thrown by rioters struck his helmet and face shield. After working into the night, he visited the police medical clinic, was put on sick leave and, according to his wife, was sent home with pain medication.

In the days that followed, Erin said, her husband seemed in constant pain, unable to turn his head. He did not leave the house, even to walk their dog. He refused to talk to other people or watch television. She sometimes woke during the night to find him sitting up in bed or pacing.

“He wasn’t the same Jeff that left on the 6th. . . . I just tried to comfort him and let him know that I loved him,” she said. “I told him I’d be there if he needed anything, that no matter what, we’ll get through it. I tried to do the best I could.”

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NJ bill would require replacement of all lead service lines

By The New Jersey Assembly Democrats

TRENTON) – Moving to address New Jersey’s aging water system infrastructure and the ongoing concerns of lead contamination in many cities across the state, Assembly members Gary Schaer and Angela McKnight have introduced legislation that would require public water systems to inventory and replace lead service lines within 20 years and provide for recoupment of costs by investor-owned public water systems.

In 2019, at least 35 water systems in New Jersey were found to have high levels of lead in their tap water. The state’s aging water system quickly became the epicenter of national attention and keeping residents safe in Newark and other cities emphasized the need for a rigorous effort to address our water infrastructure and environmental concerns.

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“Before the COVID-19 pandemic began, New Jersey was already facing an ongoing public health crisis,” said Schaer (D-Bergen, Passaic). “Every year, more than 4,800 new cases of childhood lead poisoning are reported in our State, causing potentially irreparable damage to our shared future. Ending the lead crisis in New Jersey is not insurmountable, it is achievable if we believe it is worth doing. This legislation provides a path forward to guaranteeing every resident the right to safe drinking water.”

The bill (A5343) would require each public water system (PWS) in the State to develop a service line inventory and a replacement plan for lead service lines that provides for the replacement of all lead service lines within 20 years, and would authorize an investor-owned PWS to recoup the costs of lead service line replacements.

“Critical upgrades to New Jersey’s water infrastructure are needed to modernize a decaying water system and ensure safe drinking water for New Jersey residents,” said McKnight (D-Hudson). “Major cities and the most historic cities, such as Jersey City and Newark, continue to battle a lead crisis on top of the current public health crisis in which we find ourselves. Lead contamination and aging water infrastructure will amount to a public health crisis, an environmental emergency, and have an impact on our roadways for future generations if we don’t take action and develop a plan now.”

Within 12 months of enactment, each PWS would be required to submit, for review and approval by the DEP, an initial plan for replacing all lead service lines within its service area. The plan would be required to provide for the annual replacement of at least seven percent of all lead service lines known to the PWS on the date it submits its initial plan to the DEP, and the replacement of all lead service lines within the PWS’s service area within 20 years. Each PWS would be required to update its replacement plan annually and keep consistent with the PWS’s updated service line inventory.

The measure would also authorize investor-owned PWSs to recoup the costs of lead service line replacements by including a proposal for recoupment to the Board of Public Utilities (BPU) in a general rate case proceeding. BPU would be required to consider the costs to customers before approving the proposal.

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NJ Gov. Murphy announces top re-election campaign staffers

Jackie Burns moves from Sherrill staff to serve as deputy campaign manager; Jerrel Harvey will join campaign team

By David Wildstein, New Jersey Globe

Gov. Phil Murphy continues to bolster his re-election campaign team, picking veterans from the staffs of Rep. Mikie Sherrill (D-Montclair) and Mark Kelly’s U.S. Senate race – and from his Trenton communications team – as he beefs up his own operation to win a second term.

“These talented individuals have the knowledge, skills, and expertise to hit the ground running on day one,” said Murphy. “Along with Mollie Binotto as our campaign manager, I’m thrilled to work with this team to make our case for a second term to the people of New Jersey.”

Jackie Burns, Sherrill’s communications director since 2018, will serve as deputy campaign manager. Prior to joining the Sherrill campaign, the Westfield resident spent five years in the Office of the Historian of the U.S. House of Representatives.

The hiring reunites Burns and Binotto, who ran Sherrill’s successful bid to flip a congressional seat in New Jersey’s 11th district and is now Murphy’s campaign manager.

Sherrill had rave reviews for her departing staffer.

“Jackie Burns has been a key member of our team from the earliest days of my first campaign. Her incredible skills have helped me to lead on key issues affecting our district on everything from tax policy to national security,” Sherrill told the New Jersey Globe. “Her leadership and insight will be sorely missed, but Jackie will be a great asset to the impressive campaign team Governor Murphy is building.”

The governor’s deputy press secretary, Jerrel Harvey, is moving over to the campaign staff as the senior press advisor.

Harvey had joined the governor’s staff from the 2nd legislative district, where he served as communications director for Assemblyman Vince Mazzeo (D-Northfield) and John Armato (D-Buena Vista). He is a former deputy chief of staff to Assemblywoman Carol Murphy (D-Mount Laurel) and worked on the 7th district Democratic campaign in 2017.

“I’m very appreciative of Jerrel Harvey for his hard work, determination and playing an intricate role in my election to the state assembly and serving on our inaugural legislative staff,” Carol Murphy said. “Jerrel has a deep passion and commitment to make a difference and have no doubt he will serve Governor Murphy well in his 2021 re-election campaign.”

The Murphy campaign has also picked Kaitlin Demchuk as their digital director. She managed social media accounts for Kelly, a West Orange native who unseated an incumbent Republican U.S. Senator last year. Demchuk was the deputy digital director for U.S. Senator Bob Casey’s re-election campaign and worked as deputy political director for Katie McGinty’s challenge to GOP U.S. Senator Pat Toomey in 2016.

Miguel Arreola, who the Democratic Congressional Committee regional research director for six key states in 2020, will be the research director or the Murphy campaign. He served as field director for Xochitl Torres Small’s successful House bid in New Mexico in 2018.

Left to right: Jerrel Harvey, Kaitlin Demchuk, Miguel Arreola, Rafi Jafri and Rob Long. (Photos: Murphy for Governor.)

Two other veterans of New Jersey campaigns are already in place as part of a finance team that raised over $3.5 million in the last three months of 2020 – already qualifying for the maximum amount of public financing for the Democratic primary.

Rafi Jafri, one of the state’s strongest fundraising operatives, will serve as finance director. He worked for the Democratic Governors Association as senior advisor when the governor served as DGA chairman last year and has held finance posts on Hillary Clinton’s 2008 run for the presidency.

In 2017, Jafri was the finance director for the statewide Democratic coordinated campaign and for the governor’s inaugural committee.

Resuming his 2017 role, Rob Long will be the Murphy campaign treasurer.

Long has given up his post as Deputy Commissioner of Community Affairs to run the compliance effort for the governor’s re-election. He began working New Jersey gubernatorial campaigns as deputy treasurer for Jim Florio’s 1989 bid, and held key compliance posts for James E. McGreevey’s 1997 and 2001 campaigns.

“From the beginning, Governor Murphy has been committed to building a talented and diverse campaign team that represents the very best of Democratic and progressive politics,” Binotto said. “I’m proud to say that we’re assembling a first-in-class campaign leadership team committed to reaching voters all across the state and winning a second term for the Governor.”

The Murphy campaign is expected to announce other senior campaign staff hires over the next few weeks.

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Waste Management debuts recycled plastic uniforms, downplays landfills at annual ESG event

By Cole Rosengren, Waste Dive

Last week’s annual Waste Management Sustainability Forum featured multiple updates on new environmental and social initiatives, while also highlighting the industry’s increasingly complex role in climate change discussions.

One of the more unique announcements at the two-day virtual event was the nationwide debut of uniforms containing fabric made from recycled plastics. The garments will be available to more than 20,000 drivers, helpers and post-collection employees by the end of the second quarter, according to spokesperson Janette Micelli.

Production is underway and employees at legacy Advanced Disposal Services locations will be the first to receive them in the coming weeks. A line of new shirts using the material will also be included for management.

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“Our drivers will ride their routes collecting plastic bottles, milk jugs and other materials that will eventually be turned into the uniforms that they wear every day. This is the circular economy in action,” said CEO Jim Fish during a video announcement.

The switch is being managed by uniform rental companies Aramark and Cintas. Both will use shirt fabric from Repreve, a Unifi product. In one case, a pair of pants available from Cintas also contains corn-based Sorona fabric that is made by DuPont.

The company’s rental costs will be equal or better than prior versions depending on which style employees select. Waste Management noted it “is the first company with Aramark to implement a recycled industrial laundered garment” and the first in the industry to do so with Cintas.

A spokesperson for Unifi described this as a growing trend, citing the use of Repreve fabric in Coca-Cola uniforms supplied by Cintas and Aramark. Other Repreve examples include uniforms for host committee members at the 2019 Super Bowl and used by European workwear companies.

“Waste Management is helping to build momentum for this movement with its commitment to transform plastic bottles into employee uniforms made with Repreve,” wrote the spokesperson via email. “We expect more companies to continue to make the switch to sustainably made uniforms.”

According to a 2020 Waste Management report, released following a shareholder resolution, an estimated 47% of collected U.S. PET becomes fiber for carpet or clothing while only 21% goes back into food or drink bottles. The report notes that most instances where PET goes back into bottles occurs in states with container deposit systems, a policy the company did not take a position on in that report.

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