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A Wasteful and Damaging Project by the Mountains Recreation & Conservation Authority and California Coastal Commission

About ten years ago, after the success of the Klimt painting case, we were able to purchase a beach house in Malibu.  We searched up and down the coast before finding a narrow 18 foot-wide unit right next to a 150 foot stretch of open beach.  While we were remodeling, our neighbor, actor Alex Rocco (Moe Greene from the Godfather), offered to sell us his unit.  It was an “offer we couldn’t refuse,” and so we combined the two lots into one and built a beautiful home that we’ve enjoyed for summer beach days and parties during the past ten years.

From time to time I get notices from the City of Malibu about hearings on development projects.  I always look at them to see if it’s something near us, but it never was.  So I was surprised when Pam went by our place two weeks ago and saw a big notice concerning a pending development on the fence next to our place.  I either missed or didn’t receive the notice of the one project that really affects our enjoyment of the beach.

Let me start by saying I am absolutely not against development and am also greatly in favor of public access to the beaches.  We really didn’t mind sharing our beach with the public. In fact, the locals who come down from the hills to enjoy an afternoon on our beach make the beach more fun to watch.  Our only problems are with visitors who insist on doing all of the things that are illegal to do on public beaches: dogs, drinking, smoking, nude bathing and barbecuing.

Access to our beach from Pacific Coast Highway has always been very easy.  There’s a small gate that is never locked on the south-east side of the fence and a stairway down to the beach.  So if you can find parking, you can easily get to the beach.  But the beach itself is small and feels very private when you are on it.  That’s really it’s charm, along with a giant boulder in the water that provides endless fun for climbing or diving, or just watching the waves break on it.  The sand on our beach is also a unique feature.  The high tide comes up all the way to the bluff under PCH and cleans the sand every day.  Sometimes the tide brings in lots of sand, other times the beach is all rocks.  The beach changes literally every day.

The best place to sit on our beach is right in the middle, below a little stand built by the locals. It’s the high and dry point, the last to get washed over by the high tide, and it has the best view to watch the kids swimming in the waves on either side of the big boulder. If you are anywhere else, your view gets obstructed by other giant boulders on the beach. So that’s our lifeguard perch and it’s where we put our umbrella and chairs for the day when we are on the beach.

So you can imagine my surprise when I found out that the Mountains Recreation & Conservation Authority (MRCA), acting on behalf of the California Department of Parks and Recreation with the approval of the California Coastal Commission had applied for and obtained a permit from the City of Malibu to remodel our beach, eliminate the existing stairway on the side of the beach and build a new one going right down the middle, landing just where we like to sit on the beach.

On the map above you can see the existing stairs in the upper right, and the planned staircase down the middle.  The existing stairs are going to be removed.  It looks almost reasonable to someone who doesn’t know this beach, and doesn’t understand that the water comes up to where the new stairs are supposed to be almost every day.

Just to give you an idea of how much this beach changes throughout the year, here’s a photo that the MRCA was using, where the sand is at its maximum height and the beach looks beautiful and inviting during a low tide. Below it is a photo (from the side) of the same beach yesterday also at low tide.

The sand is brought in and out with the tides during the year.  Sometimes the high tide dumps sand on the beach, and other times it rips the sand out.  Here’s a photo of the beach with wet sand at a high tide.

See that little dry spot under the green kayak?  That’s where they want to build the new staircase landing.   And here’s what it looked like two hours earlier before the high tide came in.  That high and dry spot where we are sitting is where they want to put the staircase.

So, I’m not at all happy about this new development and I decided that I would try to investigate why this is happening.  Here is where things got interesting.

This project came about as a result of a settlement of a dispute with a developer named Carbonview Limited, affiliated with Oracle billionaire Larry Ellison, which is planning to combine two lots a few miles up the beach at 22224 and 22230 PCH, and push further out toward the sea by 19 feet an existing lateral public access easement, losing about 1,609 square feet of potential public beach access. Below is a photo of the Carbonview lots, and the lateral access easement being modified. In July 2014, Carbonview’s development permit was approved by the California Coastal Commission with the condition that the developer make a “donation of $400,000 dollars to the Mountains Recreation Conservation Authority (MRCA) for the construction of public vertical accessway improvements within the Coastal Zone of the City of Malibu.” Ordinarily, the Coastal Commission doesn’t like taking away public access easements, but in this case, they said “the donation of $400,000 to the MRCA will provide for the enhancement and opening of a new public vertical accessway.” The resolution approved by the Commission stated: “The purpose of the account shall be to construct new access improvements within undeveloped public beach vertical accessways within the Coastal Zone in the City of Malibu, as authorized by the Executive Director.”

The MRCA, the Coastal Commission and Department of Parks and Recreation spent about 12 months working with Carbonview to identify a location to spend the $400,000 on a new vertical accessway.  In August 2015, the South Central Coast District Staff submitted a report to the Coastal Commission concerning the project.  Initially, staff identified two potential sites.  “One was located on La Costa Beach (owned by the California Coastal Conservancy) and it was anticipated that at this location a stairway leading from Pacific Coast Highway down to the sandy beach could be constructed, and a viewing platform and restroom could also potentially be constructed. The second potential site identified was located on Big Rock Beach and immediately adjacent to a 65-foot wide parcel owned and utilized by the California Department of Transportation (Caltrans) as a Vista Point. It was anticipated that this site would be dedicated to the MRCA, and vertical public access improvements, such as a stairway, could then be constructed.”  Beautiful La Costa Beach and Los Flores Beach above and below Duke’s are desperately in need of public access, and the Coastal Commission has long planned to build access points in those areas.  The Coastal Commission recently fined property owners $5.1 million for blocking public access on Los Flores beach, which we can get to from our place only when the tide is very low. The public viewing area at Big Rock also has been on the list for a stairway to provide access down to the beach. But without any explanation whatsoever, these proposed sites were jettisoned in favor of a new site — our tiny beach. When the settlement was announced, the Malibu Press gushed that the new funds “will provide the only public beach access in the three-mile stretch between the access at Big Rock and the ‘East Carbon Beach’ access point.”

Here’s where things get interesting.  In the August 2015 report to the Coastal Commission, no one ever mentioned that our beach already had easy public access, with an open gate and a perfectly good staircase!  The report gives the impression that the $400,000 are going to be used to provide a new vertical accessway to the public.

“The applicant and MRCA staff determined that this site could be opened to public use in a timely manner with relatively few improvements necessary to allow the public to utilize a view area adjacent to PCH as well as the beach area below. The applicant has developed a plan for the construction of the improvements that would allow public access to the site, both at street level as well as access to the beach area on the property. Specifically, the proposed vertical access improvements include the construction of a stairway leading from PCH down to the beach, a viewing area, sidewalk, and provision of shoulder parking along PCH, including one accessible parking space, as depicted on Exhibit 6. As mentioned above, the applicant has coordinated with State Parks and MRCA, and both agencies support the proposed access improvements.”

You’d have to read pages 11-13 of  the report to understand just how deceptive the staff report was. There is a lengthy section on the need for beach access, noting that there is no other public access in Malibu for two miles upcoast and .8 miles downcoast. The impression given is that this development is needed to provide a new public access on this three mile stretch in Malibu.  The deception must have been intentional.  Take a look below at the photo attached as Exhibit 5 to the report. That thick white border covers up the existing staircase on the right side of the beach.

If I had been on the Coastal Commission and was presented with this report, I might have voted for it also.  Who would be opposed to opening up a beautiful new beach to the public?  Here’s the gorgeous rendition of the new beach, omitting the existing staircase and adding the new one down the middle.

So here is what the staff failed to show the Coastal Commission: there already is a beautiful staircase that runs from the street down to the beach.

Here are some guests at a neighbor’s wedding party going up the stairs yesterday.

The gate at the top is always unlocked.  We have public access all the time. That is why the locals love this small beach.  We’re even featured on the Our Malibu Beaches mobile phone app.

California Coastal Act, Section 30001.5 states:

“The legislature further finds and declares that the basic goals of the state for the coastal zone are to: . . .

(c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners.”

I am pretty confident that none of the members of the Coastal Commission would have approved the expenditure of $400,000 designated for “new beach access” in Malibu on a project that seeks to remove an existing public stairway and move it 75 feet up the beach to a spot that no one using the beach would ever want.

I’m planning to contact the Coastal Commission and raise this issue with them. It’s disgraceful that $400,000 that was supposed to open up new public access is being used to ruin our already public beach.

UPDATE Feb 10, 2017: This week Jessica Nguyen of MRCA spoke at a meeting of the Coastal Commission to inform them of the permit obtained from City of Malibu, but again failed to mention that public access and stairs already exist on this site.  Watch the video of her speaking at 0:24:20.   I also located videos of the prior hearings.  See August 12, 2015 at 7:27:30 (Carbonview), and July 10, 2014 at around 4:59:00.

UPDATE March 7, 2017: Jessica Nguyen wrote me “Per my voicemail, the MRCA is considering relocating the stairway to the east of the storm drain. Additionally, the City has determined that the project was not properly noticed to the surrounding residents, therefore a new hearing will be held for the project. The date of the hearing has yet to be finalized, but I will let you know when we have a date set up.”

To comment on the project, contact Jessica Nguyen, Mountains Recreation & Conservation Authority, 5810 Ramirez Canyon Drive, Malibu, 90265, Office: (310) 589-3230 ext. 125, Cell: (805) 300-0083,

UPDATE May 11, 2017: A hearing will be held on May 15, 2017.   Item 5E – Coastal Development Permit No. 16-019 / 20516 Pacific Coast Highway.  The Staff report is available online.    The MRCA has proposed a new location for the staircase.

At the hearing, I voiced my objections to the proposal, principally that the placement of the stairs would take away valuable beach space.  Watch the video.  Item 5E at 44:23.  The Commission unanimously approved the permit sought by MRCA.

Update May 22, 2017.  I filed an appeal of the Planning Commission decision.  Below is the text of the appeal:

Appeal of Coastal Development Permit No. 16-019, approved May 15, 2017 by City of Malibu Planning Commission Resolution No. 17-33 – 20516 Pacific Coast Highway

Background: In connection with a completely separate permit application (Carbonview), MRCA obtained a $400,000 donation “to provide for the enhancement and opening of a new public vertical accessway.” (CCC App. No. 5-84-791-A1, Staff Report, page 2.  See  As set forth by the CCC, “The purpose of the account shall be to construct new access improvements within undeveloped public beach vertical accessways within the Coastal Zone in the City of Malibu.” (Id. p. 6.)  MRCA has chosen to spend this public money on a small beach that already has public access via an open gate and stairs.  MRCA intends to remove the existing un-permitted staircase on the edge of the property, and replace it with a larger pylon-supported structure.  The proposed staircase will eliminate as much as one-third of the prime beach space on this small beach.  See for more background.

 Issue on Appeal:  Will the project “enhance and improve the public’s ability to enjoy and access the coastline,” or is there a less damaging alternative that will better serve the public interest?

I. The findings are not supported by the evidence.

Pursuant to LIP Chapters 6, 10 and 12, the Commission made various findings that the proposed development would have no significant scenic or environmental impacts and that “the proposed public beach access staircase will enhance and improve the public’s ability to enjoy and access the coastline.”  These findings were not supported by the evidence.  The evidence presented at the Commission hearing was that the new location of the staircase would significantly impair the accessibility and quality of the beach for the public, while providing little or no improvement in public access and safety.

The MRCA representative stated that the design of the new staircase would eliminated only 1-2% of the usable beach space.  This was false, as her calculations did not take into account the very large boulders on the beach, nor the fact that the high tide reaches the top of the beach, which is frequently stripped of sand and more rocky than displayed in the photo.  In truth, the staircase lands in one of the three most desirable spots on the beach.  No one wants to sit right next to a staircase.  The proposed location essentially eliminates one-third of the area from public use.

The existing wooden staircase and railing, installed by local Malibu residents to allow for public access from the street, is much better positioned to preserve precious space on this small beach.  No study was done by the Commission or MRCA to determine how the public currently uses this beach, especially on the weekend.  (According to the staff report, they only visited the site one time, on Wednesday July 19, 2016). In our estimate, the number of public users per available square feet during the summer weekends is probably already as high as any beach in the area, and certainly much higher than on the large, expansive beaches in Los Angeles and Santa Monica.  Taking away rare space on this very small beach would be devastating to the public enjoyment of the beach.

Therefore, the findings of the Commission are not supported by the evidence and the permit should be rejected on that basis.

II. There was lack of a fair or impartial hearing.

During the hearing, one of the Commissioners asked the Planning Director Ms. Blue, “What happens if we do not approve?”  She answered “Well, you approved it already last year.”  This was a very unfair response, as the prior approval was without proper notice, no objections were filed or considered, and the staff had recommended that the prior approval be rescinded.  Ms. Blue then went on to say that the Commission would have to give grounds for refusing to approve, which of course they could easily have done.  But she put the onus on the Commissioners, and deterred them from taking the necessary steps to reject the permit.

III.   The decision was contrary to law.

The law protects not only public access, but also the use and enjoyment of the beaches of our city.  Coastal Act § 30210 et seq.  Section 30221 states “Oceanfront land suitable for recreational use shall be protected for recreational use. . . ”  Policy 2.1 of the Malibu LCP states: “The shoreline . . . within the City provide a wide range of recreational opportunities in natural setting . . . These recreational opportunities shall be protected . . . .”

This is a rare case where no one is fighting over whether there should be public access.  There is already public access on this beach.  Indeed, this beach has the only public access for miles in either direction, and is already included on the Our Malibu Beaches mobile phone app.  The issue is really just the location of the stairs.  The proposed location would remove public beach space on a very small beach, thereby decreasing opportunities for public use and enjoyment of this beach.  The new stairs would also ruin the natural setting of the beach, and turn the whole beach (just 150 feet wide) into a staircase landing.  The existing stair location, nestled on the edge of the property, is supported by the local residents and neighbors, the people who currently use and enjoy the beach.

The only conceivable advantage of the new staircase is safety, but there have been no findings that the existing staircase is unsafe, or that the proposed improvements outweigh the loss of rare beach space.  Nor has there been a study to determine if there is a less destructive alternative and new stairs can be built in the existing location on the edge of the beach.  (The engineer on the project, Wynn Engineering, refused to discuss the project with Appellant.) The neighbors do not oppose the current stair location.  They only oppose the new location as it will simply ruin the beach for the public.

What is driving this project exactly?  It is important to understand what is happening here. The MRCA received $400,000 to develop “new” vertical public access in Malibu.  Apparently, the MRCA could not find a place to spend the money in time, so they decided to spend it on improving an already public beach.  This improper use of public funds designated for a particular purpose is illegal.  See Save the Welwood Murray Memorial Library Committee v. City Council of Palm Springs (1989) 215 Cal.App.3d 1003 (quoting Roberts v. City of Palos Verdes Estates (1949) 93 Cal.App.2d 545 at 547 (“where a grant deed is for a specified, limited and definite purpose, the subject of the grant deed cannot be used for another and different purpose.”)  Therefore, the project may and probably should be rejected solely on that basis.  This is not a “new” vertical public access point. The public is being deprived of the proper use of the funds, which were expressly donated to increase public access by opening up new beaches, not to remodel the access to an already public beach.

The Appellant would like to work out the issues with MRCA and the Planning Commission, but so far, the attitude has been that the MRCA can do whatever it wants with the property.  That really isn’t true.  This is not a private development, but a public one.  As such, the public has a right to ensure that its interests are protected.  The City of Malibu can and should reject the development application because it actually impairs the public right to enjoy a significant portion of this public beach.  At the very least, the MRCA should be required to consider the impact of the project on public enjoyment of the beach, and determine if less damaging alternatives exist.

Trump order flouts American principles

This article was originally published in the Jewish Journal.

Like most Jews whose family history features flights from persecution, I have a soft spot for refugees, the “huddled masses yearning to breathe free” welcomed to our shores by Emma Lazarus’ famous poem engraved on the pedestal of the Statue of Liberty. But there have always been those who felt differently.

President Trump’s recent Executive Order suspending the State Department’s Refugee Assistance Program and restricting visa entry from seven Muslim-majority countries is one in a long line of racist, anti-immigrant measures, from the Naturalization Act of 1790 (limiting naturalization to whites) and Chinese Exclusion Act of 1882 (prohibiting Chinese laborers) to the Immigration Act of 1924 (enacting national origin quotas to reduce the number of Jews and Italians, and exclude Arabs and Asians), which have influenced our immigration policies up to the present day. As President Truman said in vetoing the similarly problematic Immigration and Nationality Act of 1952, “In no other realm of our national life are we so hampered and stultified by the dead hand of the past, as we are in this field of immigration.” Congress overrode his veto. President Kennedy was so disturbed by the racist and discriminatory nature of our immigration laws that he even wrote a book about it, A Nation of Immigrants, in which he warned that “emotions of xenophobia – hatred of foreigners – and of nativism – the policy of keeping America ‘pure’ … continue to thrive.”

President Trump campaigned largely on xenophobic rhetoric aimed at Latinos, Asians and Muslims, both here and abroad. For example, on November 6, just days before the election, he called the community of 25,000 Somali refugees in Minnesota a “disaster,” and promised not to admit further refugees without the approval of the community. It is therefore hardly surprising that the new President used his broad executive authority to stop admitting refugees and restrict entry to the United States by individuals from countries like Somalia, which he believes may be sources of radical Islamic terrorism. I expect there will be many more of these types of orders in the days to come, and, in my view, the President will likely succeed in implementing these policies.

To be sure, Trump’s first executive order on immigration has caused a great outcry, even among those who generally support strong anti-terrorism efforts, mainly because it was so poorly conceived and executed. In just the first days, hundreds of travelers were caught in limbo, and attorneys working over the weekend obtained a temporary stay of certain elements of the order, some of which, like the refusal of entry to valid green card holders, may have already been retracted by the administration. There seem to be no exceptions made for properly vetted visitors, including students or scientists attending conferences on tourist visas, or even people who have assisted our armed forces.  No doubt there will be protracted litigation over some of the more objectionable parts of the order, such as the instruction to prioritize refugee claims made by members of “a minority religion” (i.e. Christians). Singling out seven countries might also run afoul of the Immigration and Nationality Act of 1965, which barred discrimination against immigrants (but not visitors) on the basis of national origin (unless permitted by Congress). But the upshot is that Trump is pulling up the welcome mat. The huddled masses are no longer going to be welcome. That is the message he is sending to his constituents, and to those living abroad.

Rather than focus on the legality of Trump’s executive order, which has already disrupted the lives of thousands of people, we should be focusing on the underlying policy issue. Is this the country that we want to be? Do we really want to admit no students, no scientists, no tourists, no visiting family members, no artists, no musicians, and no skilled employees from these seven countries? What exactly was wrong with the existing vetting procedures? Why were these seven countries chosen, and not others, like Saudi Arabia, with a history of exporting terrorists to our shores? A strict reading of the executive order would bar any non-US citizen “from” Iran from obtaining a tourist visa, meaning that many of the relatives of our Persian Jewish community living abroad in Israel or Europe can no longer come to visit. Does that make anyone safer?

With regard to refugees, there is an even more fundamental question. Should we close off our country to even the most persecuted refugees? There are thousands of refugees, families with children, who have been waiting for years while their applications were vetted and who now are blocked. Some argue that we need to set up high barriers to entry to prevent terrorists from entering the country. Almost 80 years ago, when the United States faced a far greater threat than we do today, and Jews were the ones clamoring to get in, Americans made the same argument. “How do we know there won’t be Nazi spies among the refugees?” they asked. Assistant Secretary of State Breckinridge Long ordered all consular officials “to put every obstacle in the way” to delay and stop granting visas to Jewish refugees. As a result, ninety percent of the quota spots were left unfilled, and the Jews trapped in Europe, our relatives, were murdered.

I see little or no difference between the America First policy of President Trump, and the similarly-named nativist policy that informed Breckinridge Long. We can do better, I think, than defying our own principles in the name of security.

The Drought Is Over

The drought is over. No, not the water drought, although the recent rainstorms means that only 50% of the State is still suffering.  Not since the Schoenberg Prism during the 2001-2002 season has the Los Angeles Philharmonic performed a work by Arnold Schoenberg on a regular subscription concert.  I blogged about this five years ago, and again in 2014, when a performance of the Schoenberg Violin Concerto was cancelled due to illness of the violinist.

But now it is really over.  Last night, Gustavo Dudamel conducted the LA Philharmonic in the Begleitungsmusik zu einer Lichtspielszene, Op. 34 and Piano Concerto, Op. 42.  Emanuel Ax was the soloist.  Ax loves the concerto and has performed it many times over the years, including back in 2001 during the Schoenberg Prism.  Ax recorded the concerto with former LA Phil conductor Esa-Pekka Salonen, but not with LA Phil, but the Philharmonia Orchestra.  This week’s performance may even available on livestream.  Mark Swed gave it a nice review in the LA Times.

My parents said that the pre-concert talk by Russell Steinberg was fabulous, devoted entirely to the Schoenberg.  Apparently he had the entire audience humming the opening lines of the concerto.

One thing no one has mentioned, I think, is the private “program” of the concerto, which was composed in Los Angeles in 1942.

Life was so easy
Suddenly hatred broke out
A grave situation was created
But life goes on

My grandfather was 68 years old when he wrote the piano concerto.  The entire world was in flames.  He had a young wife and three very young children (ages 10, 5 and 2).  The contrast between the serene, sunny lifestyle in his new home, and the conflagration raging in his old one, must have been stark.  You can hear that contrast in the concerto.  It’s a timely reminder that we gotten through tough times before.

Letter to DOJ Inspector General Michael E. Horowitz

Dear Inspector General Horowitz,

As the individual who filed suit to unseal the FBI search warrant against Hillary Clinton, I was very pleased to hear the news on January 12 that you would be leading an investigation into the FBI’s handling of its investigation of Secretary Clinton.  I had called for such an investigation on November 14, before we had seen the search warrant.  I am sure your investigation will be far-reaching and thorough, but as someone who has given a lot of thought to this, I would like to let you know some questions that I hope you will be able to answer.

It has been very difficult for those of us in the public to determine the timeline of events.  For the most part, we have to rely on unsourced statements in various contemporaneous press reports.  For example, on October 30, the press reported that the FBI had obtained a search warrant against Hillary Clinton to search Huma Abedin’s e-mails on Anthony Wiener’s laptop.  As far as I can tell, there was no official, public statement with this information, but the news was leaked out in some fashion.  The story turned out to be correct, but no one has yet disclosed the source of this leak, which was the first time in the history of the investigation that there was any suggestion that the FBI felt that there was probable cause to believe a crime had been committed by Secretary Clinton.  At the time, the final week of the election, the public had no way of knowing if the report was true, nor was there any official explanation of the basis for the probable cause allegations. In my view, and in the view of many others who have analyzed the data, this fed speculation against Secretary Clinton and resulted in a drop in her support that likely changed the outcome of the election, an entirely predictable result.  So, the questions I have are what exactly did the FBI do, why, and what were they thinking at the time?

A good starting point for an attempted timeline of events are the articles by Seth Abramson on Huffington Post.  See his reports from December 15, December 22, and January 17.  Seth sometimes speculates as to motives, but his timeline of events is based on many unsourced press reports, including stories from the Wall Street Journal and Washington Post.  We all are hoping that you can confirm or correct the basic facts of what happened, as well as who may have leaked the information to the press in each instance.

As to the main issue, we need to understand how it happened that the FBI publicly obtained a search warrant against a candidate for President within two weeks of the election, a warrant which changed the outcome of the election, but found nothing. Let’s go backwards from what we now know and identify key mistakes that need to be explained.

(1) Huma Abedin must have used her husband Anthony Weiner’s laptop for her webmail, gmail or yahoo mail account and it left some sort of cache on the laptop. As Orin Kerr pointed out, the FBI never should have looked at these e-mails at all, because they were not the subject of the initial search warrant that was looking for texts between Weiner and some specific teenage girl. So that was the first mistake.

(2) The FBI looked at the e-mail headers and saw there were e-mails between Hillary Clinton and her assistant Huma Abedin. It would be “probable” at that stage to infer that these were copies of the work-related e-mails that had already been reviewed, including ones Abedin had already voluntarily produced from her own laptop and blackberry. That would have been very easy to check, using the headers of a few e-mails. There is no evidence that the FBI tried to do that. That was their second mistake.

(3) The FBI could easily have asked Weiner, Abedin or Clinton for permission to review these new e-mails. They apparently did not. That was the third mistake.

(4) When FBI Director Comey then sent his October 28 letter, he said “the FBI cannot yet assess whether or not this material may be significant.” That was false, and it created the absolutely false impression that there was a possibility that the e-mails were not simply duplicates of ones already reviewed. All the FBI had to do was check the headers they had already reviewed against the e-mails they already had, which is something they clearly could have done. It ended up taking at most a week to do this.  So Comey’s letter was false, and misleading.  That was a fourth mistake.

(5) Director Comey sent the October 28 letter even though he was advised by DOJ not to do so. A fifth mistake.

(6) Then the FBI obtained a search warrant, suggesting there was “probable cause” to believe a crime had been committed, and omitting key facts from the affidavit. That was false. For example, you should ask the agent who prepared the warrant (whose name has not yet been disclosed), why he did not include any of the information already released to the public about the investigation of Abedin and her e-mails, which she had voluntarily disclosed. See,  Part 3 of 5, page 84 et seq, released September 2, 2016, discussing the interview of Huma Abedin and the production and review of her e-mails.  This was a sixth mistake.

(7) Although Director Comey was aware, and wrote to his agents, that “there is significant risk of being misunderstood,” he did not correct the misunderstandings that ensued for another nine days. That was a seventh mistake.

The honest thing for the FBI to have done would have been to first compare the e-mail headers. Then, if they really wanted to obtain or delete any duplicate classified e-mails from the laptop, they could easily have done so by asking permission from Weiner and Abedin. They could have also informed Congress that they had found duplicates of Abedin’s e-mails on Weiner’s laptop and were taking steps to secure them, reiterating that this would not likely change the conclusions made in July. This is in fact what was reported by Newsweek and WSJ a few days after Comey’s letters, but through confidential sources, and so it could not have dispelled the obvious misimpression caused by Comey’s October 28 letter.

If the Hatch Act means anything with regard to the FBI, it means that the agency should not take steps that are likely to influence an election. It certainly means that the Director should not publicly re-open an investigation and obtain a search warrant, alleging probable cause to believe a crime had been committed, within two weeks of an election, especially when no crime had actually been committed and the warrant results in no actionable evidence.

Serious mistakes were made, and I do not yet get the feeling that Director Comey understands this.  I trust and hope that your investigation will help the public, and the FBI, understand what happened. If there are not already laws to prevent this type of interference on the eve of an election, there should be. at 10 Years — The Challenges Ahead

On January 16, 2017, (in my opinion the world’s leading family tree building program) will celebrate its tenth anniversary.  Previously, I have written extensively on the myriad advantages of Geni’s World Family Tree and answered all of the most common complaints of those who don’t yet understand the benefits of the program.  Today I want to address the areas where I believe Geni still needs improvement.  I do this in my individual capacity, obviously not on behalf of Geni, where I serve as a volunteer curator.

Just one year ago, Geni’s World Family Tree reached the 100 million profile milestone. Today, it is over 112 million.  That’s a tremendous amount of growth for such a large tree. By way of comparison, Geni’s annual growth is about the same as the total size of its non-profit competitor, WikiTree, which has just 13 million total profiles.  WikiTree is obviously too far behind Geni to ever catch up, and I’m not sure why anyone wastes his/her time on that platform.  But is Geni still the largest collaborative tree?

A few years ago, FamilySearch, a website operated by the Mormon Church, started its own collaborative tree, called Family Tree. Last year, FamilySearch claimed that Family Tree had over 300 million connected profiles, with 2.5 million being added each month.  If true, that would make the FamilySearch Family Tree by far the largest collaborative tree in existence, three times the size of Geni’s World Family Tree.  I am prepared to believe it, but I still have some doubts about the veracity of FamilySearch’s statistics.

One way to get a better feel for how the FamilySearch tree is progressing would be to see the statistics on mergers. Merging is one of the key features of any collaborative tree, because the idea is to merge all duplicates into one definitive profile. The tree is like a giant jigsaw puzzle, where everyone is working on the same puzzle. However, if you search in databases of non-collaborative trees, you’ll find lots and lots of separate trees that cover the same territory. For example, on Ancestry, searching exactly for Thomas Alva Edison born 1847, you find 613 public trees and 337 private trees. A similar search on MyHeritage finds 209 trees. FamilySearch Genealogies, a legacy collection of independent trees from before the move to a unified, collaborative tree, has 124 of them. But on Geni or Family Tree, you should find just one, definitive profile for the famous inventor (See Thomas Edison on Geni or FamilySearch.) The large collaborative trees were created by merging smaller trees together. On Geni, each person who adds a profile is retained as a “manager” after a merger. So when you see that over 1,000 people are managers of Charlemagne, that means that about 1,000 different trees got merged together at that point.

Both Geni and FamilySearch started out with a bunch of separate trees of varying sizes that were merged together and then improved with additions and corrections. Both sites allowed GEDCOM uploads for a while, and then cut them off and started to merge and clean up.  The result on Geni is that about 2/3 of all the profiles added to Geni are now part of the big World Family Tree.  The remaining 1/3 are on smaller trees that have not yet been connected or merged into the World Family Tree. On FamilySearch, out of 1.1 billion profiles, less than 1/3 are part of its collaborative Family Tree. Geni’s ratio of merges to additions is about 10%. There were 1,190,057 merges in the past year, compared to 12,031,845 added profiles. FamilySearch doesn’t publish statistics on its merges, but it claims that its users are adding about three times as many profiles as Geni, at a rate of about 30 million per year. Family Tree has 3.45 million contributors, out of 7.4 million total FamilySearch users.  On the other hand, Geni claims to have had over 11 million users since its inception, with about 4 million connected to the World Family Tree. To me, these numbers don’t seem to make sense — two collaborative trees, created in essentially the same fashion by about the same number of people, but with pretty wildly divergent results in terms of size. It could be that there are many more duplicates in Family Tree, or maybe FamilySearch includes some of its legacy collection Genealogies in the stats, which would be the equivalent of Geni adding in the 2.6 billion profiles and 80 million members of MyHeritage to its statistics. There also could be some flaws in the algorithm used to create the statistics. Geni benefits from feedback from its almost 200 volunteer curators, many of whom are very tech-savvy, and have helped identify bugs in the statistic features over the years. I am not sure that FamilySearch is getting the same type of help from its users, because its statistics may be less visible, or its active users may have less access to the staff.

So, although we are trying to compare apples to apples, we may be comparing apples to oranges. And this is true in one other important respect. FamilySearch offers much more than just a collaborative FamilyTree. It also offers free access to records and other data, much as Ancestry or MyHeritage do, although the latter charge a subscription fee for access.  Whether or not FamilySearch’s statistics for Family Tree are accurate, it has a great advantage over Geni in its ability to offer the ability to access and link to its massive records collection without charge. Geni users can get an equivalent feature only by paying for a MyHeritage subscription.

In my view, FamilySearch is Geni’s only serious competitor. The attraction of free records access, if coupled with a comparable tree-building program for a similar user base, could tip the scales in favor of FamilySearch, if it hasn’t already done so. No one should want to work on the second or third largest collaborative tree. Users will gravitate to the one that is the most comprehensive and accurate.

Accuracy is a key feature for collaborative trees. Ultimately, they become much more accurate and complete than individual trees. Never listen to people that don’t work on collaborative trees who tell you that the big trees are inaccurate. Trust me, their small trees are much, much worse, no matter how loudly they protest. It’s easy to imagine why that is. Large numbers of people working together can accomplish much more than someone working alone. That is why Wikipedia has put all the other encyclopedia publishers out of business. Crowdsourcing works, and it works especially well in fields like genealogy, where people compile data and sources for basic genealogical facts. If you want a complete biography, of course you go to a book painstakingly researched and written by an individual, but if you want to know who a person’s parents, siblings, spouses and children were, and the dates of their birth, marriage and death, you can go to a collaborative tree where all the busy bees work together to build the hive. It’s usually not rocket science, and if you have some expert curators to help with the tough spots, things work very well. As I have explained before, the fact that mistakes are easily found and corrected on collaborative trees is what makes them, over time, so much more accurate. You need those millions of eyes wandering through to find the mistakes.

Of course, it’s hard to measure accuracy in a family tree. But one way is to pay attention to what types of mistakes are being found and corrected. Those of us who are actively involved with Geni as curators get a pretty good picture, not only through our own work, but from all of the work we do to help other users resolve issues. When there are accuracy problems, we hear about them. The absence of complaints in a particular area is often a good indication that the product is becoming more accurate. This is also true because the Geni news feed alerts other users when work is being done in an area. That invites more eyes, and more mistakes are found, until everything is more or less correct, and people move on. Bees in a hive, ants in an anthill, that’s exactly how it works. You’d laugh at a bee working alone on a hive, or an ant trying to build his anthill by himself. It’s the same with genealogists. You have to just pity the poor folks who labor by themselves, even those who do so by looking at their neighbors and copying what they are doing (which is how most of Ancestry and MyHeritage users work). So, collaborative trees are the future, and the more users the better. But which one will be the winner? Where should we be putting our energies?

The competition between Geni and FamilySearch may come down to the quality of its curating team. Geni’s almost 200 volunteer curators are experienced genealogists from all over the world. They are usually people who have added 5,000 or more profiles to the World Family Tree, worked on projects, and been helpful to others in discussions. If Geni is to succeed, it needs to expand the number and range of its curators, to cover different parts of the world that are currently underserved. The recent surge by FamilySearch into the collaborative tree field should be a wake-up call for Geni to concentrate on maintaining its curating advantage and building on the strengths of its volunteer base.

Geni has many, many other features that currently give it an advantage over FamilySearch. DNA is a recent addition, and a significant advance that will only get better as more people upload their dna testing data.  Projects are also a huge resource, unique to Geni. Master Profiles are a great way of highlighting important people and well-sourced profiles. About 80 Languages are supported, and profiles can be multilingual.  Geni’s free Relationship Finder is phenomenal. When coupled with an additional paid MyHeritage subscription, Geni users can take advantage of matching to record collections such as newspapers and books that may not be available on FamilySearch. Geni users can also take advantage of matches to FamilySearch trees, thanks to a partnership between MyHeritage and FamilySearch.  In addition, FamilySearch may be more limited in its appeal because it is part of a religious organization. For example, gay marriage is not yet supported as a feature on FamilySearch, but is available on Geni.  And Jews and others have expressed discomfort over the Mormon practice of posthumous proxy baptism.

Nevertheless, there are a number of important areas where Geni needs desperately to improve if it is to maintain its position.  These are:

1. Geni uses Adobe Flash Player, which works fabulously and makes for a great user experience, except that Adobe has been in a battle-to-the-death with Apple since 2010, and may not come out of it alive. Presently, iPads and iPhones (43% of the U.S. smartphone market!) cannot use Flash and so Geni does not work well on those devices, relying on a rudimentary HTML5 version of Geni which pales in comparison to the Flash original. Geni needs to upgrade its HTML5 version ASAP.

2. Search on Geni is, in a word, atrocious. There is no wildcard or partial word (begins with, ends with, contains) search, no soundex or fuzzy search capability, no possibility of searching by town only. These are basic features for any genealogy program and it is an embarrassment that at age 10, Geni does not offer them. Most of us have to use Google to search public Geni profiles when we don’t know the precise spelling.

3. The matching algorithm needs to be upgraded. Geni has not been able to take advantage of MyHeritage’s Global Name Translation technology. As a result, matches are often missed by the algorithm and needless duplication occurs, as people blithely add new profiles, unaware that they are duplicating existing parts of the tree. Often, the algorithm misses exact matches on unique names, only because the surrounding profiles don’t match exactly.

4. When clicking on Research this Person, the MyHeritage results are often unusable. The search doesn’t take into account all the details on the profile (like dates), so the results are often not ranked properly. I often go over to Ancestry to search for records or other trees because their results seem more relevant, and it is much easier to adjust the search to make it tighter or looser.

5. Just as surname projects are created automatically, so should town projects. Every public profile with an event in a town should be automatically attached to the town project.

6. We should be able to sort and search project profiles.  Right now we have to page through them, or download an excel file.

7. Geni should integrate the SmartCopy program developed by curator Jeff Gentes as a Pro feature.

And now some more fantastic proposals:

8.  No one ever listens to me, but genealogy companies are the only companies in the world that hide from their customers. By making all living profiles private, you prevent living people from finding themselves on the tree when they google their own names. This is insane. At some point, some company will figure this out, ignore the paranoid hysteria of privacy nuts, and the rest will all go bye-bye. Until then, we should at least have the option of making unclaimed, living relatives public and searchable, so that we can increase the chances of having them find us. Some of us do genealogy because we actually want to find our family. Don’t we have a right to a program that serves our needs?

9. Geni should take more advantage of Facebook. It’s the biggest genealogical database in the world (1 billion names, many connected to family members) and yet no one has really harnessed it for genealogy. Wouldn’t it be nice if you could have Geni help find your relatives on Facebook?

10. Geni should add automated user stats like Wikitree does for Top Contributors. Let everyone know what the most active users are doing. A little competition isn’t a bad thing, and it also would allow curators to identify other active users. We have a manual version of Top 10 Lists in various categories, but an automated version would be much better.

11. Finally, my dream is that we could start getting the computer to do more of the work for us in finding matches. Right now, Geni just looks at its own data and the various data sets on MyHeritage. But there’s a whole world of big data out there that is not inside the proprietary walls. The next generation of genealogy company will take your tree and then scour the Internet looking for matches for you, wherever they maybe.

So, I am still bullish about Geni.  It is by far the best tree-building program available today. But things don’t stay the same. We’ll just have to wait and see what the future may bring.

Investigate the FBI


Credit T.J. Kirkpatrick for The New York Times

It seems very clear to me that FBI Director Comey’s October 28 letter announcing a reopening of the investigation into e-mails from Hillary Clinton changed the outcome of the election. For nine of the last 11 days before the election, the negative story dominated the news and cast a cloud over her candidacy, and the polls reflected a downturn for Clinton during that same time. In the end, Clinton narrowly lost four states — Florida, Wisconsin, Michigan and Pennsylvania — where voters who said they decided in the last week greatly favored Trump.  I think it is safe to say that without Comey’s letter, Clinton would be our President.

As strange, and possibly illegal, as it was for Comey to make his announcement regarding the investigation so close to the election, from the outset, I wondered what the legal grounds were for searching through the new e-mails found on the laptop of her aide Huma Abedin’s estranged husband Anthony Weiner. Two days after the letter, on Sunday October 30, the New York Times reported that the Justice Department had obtained a search warrant.  I have yet to see any further reporting on the warrant. To get a search warrant issued, the FBI needed to go to a federal judge. It is interesting to me that Comey sent his letter before obtaining the warrant. The publicity certainly must have influenced the judge. A judge cannot simply grant any request for a search warrant. Under the Fourth Amendment, a search must be reasonable, meaning that there must be “probable cause” or a “reasonable suspicion” that evidence of a crime will be discovered. Ordinarily, the FBI submits an affidavit describing the evidence that gives rise to the reasonable suspicion. We have yet to see what evidence the FBI relied on in seeking the warrant.

The only thing Comey said in his letter about the grounds for reviewing the e-mails found on Weiner’s laptop was that they “appear to be pertinent” to the FBI’s prior investigation of Clinton’s use of a private e-mail server as Secretary of State. But it is important to remember how unusual and politically motivated the investigation was, and that it had never elicited any evidence of a crime.

Certainly since the Watergate investigations led to the recommendation of impeachment and resignation of Richard Nixon, Republicans have dreamed of doing the same thing to a Democratic president.  During the presidency of Bill Clinton, investigations into allegations concerning the Whitewater real estate development turned into a roving investigation in search of a crime (Travelgate, Filegate), until finally stumbling on Bill Clinton’s false denial of a recent affair with White House aide Monica Lewinsky in a deposition concerning allegations by Paula Jones of harassment prior to his election. The same pattern reappeared in the Republican-led Benghazi investigation, which ultimately found no wrongdoing by Secretary of State Hillary Clinton, but uncovered that she had, against State Department policies, used a private e-mail server for State Department business. This resulted in a further investigation, despite the fact that there was no reason to believe any crime had been committed.

Still, because the private server had been used for public business, Clinton could not object to requests to search her work-related e-mails, which were delivered to Congressional investigators in 2014. In July 2016, FBI director Comey concluded that after reviewing tens of thousands of e-mails, there was no evidence that any prosecutable crime had occurred.

There are millions of federal employees with access to classified information, and all of them leave the office and go home, where they talk to other people, make telephone calls, write letters and diaries, and send texts and e-mails. Simply because someone has the ability to commit the crime of intentionally violating laws governing the handling of classified information does not give rise to a reasonable suspicion that any crime has been committed.  If it did, then the FBI could at any time gain a search warrant to inspect the private communications of each and every employee with security clearance.

The FBI had to allege more than that the e-mails might be pertinent to an investigation that had yet to result in evidence of a crime. To obtain a warrant it had to establish probable cause to believe that evidence of a crime would be found. Since we now know that no such evidence was found on the laptop, it is time to investigate why the FBI believed it had probable cause.

I can think of two possible explanations. It could be that Comey, like most Republicans, believed that there was a sufficient cloud of suspicion over Hillary Clinton to justify pretty much any investigation. Think of how the FBI might treat a notorious gangster like Al Capone. “Get me something on him! Anything!” the FBI director might tell his subordinates. That certainly seems to be how many in the FBI thought of Clinton, even after Comey had reported in July that there would be no prosecution. Some agents were already in open revolt over the e-mail probe three weeks prior to Comey’s surprise announcement. So maybe they never even thought much about the probable cause requirement, and perhaps the judge signed the search warrant, mindful of the intense public attention to the issue, without really considering the legal standard of whether the suspicions raised were reasonable.

But it could also be that the FBI made a serious attempt to show probable cause, and submitted affidavits from investigators supporting the issuance of the warrant. Often the FBI relies on confidential informants, and so the affidavit might contain new allegations of criminal activity and evidence different from what had already been reviewed and dismissed as insufficient in July. It is this possibility that has me most interested in the case. What if the new allegations came from people associated with the Trump campaign? What if the allegations were intentionally false? During the nine days when the investigation was underway, Trump surrogate Rudy Giuliani made public statements suggesting he was in communication with the FBI about the ongoing investigation. It does not seem too far-fetched to believe that politically-motivated individuals might have tried to get the FBI to re-open the investigation of Clinton by making false allegations. Finding Huma Abedin’s e-mails on Weiner’s laptop might have been just an opportunity to carry out their wishes.

We need to remember that whatever suspicions were raised by the FBI when it sought the new search warrant, those suspicions turned out to be groundless. Whoever thought that Clinton committed a crime in mishandling her e-mails was wrong. And whoever thought that the e-mails on Weiner’s laptop contained evidence of that crime was also wrong. Remember, this is not a case where the FBI was investigating a particular crime or something reported by a victim. No dead body had been found. There was never any suggestion of a specific security breach, as there was when CIA agent Valerie Plame was exposed in a Washington Post article. This was, and has always been, a Republican-inspired fishing expedition that came up empty. It is now time to turn our focus on those who encouraged and led the investigation, to determine whether in fact a real crime has been committed by the FBI or those who informed its investigation.

My hope is that the press, and perhaps the Justice Department, are already looking at this in a more expedited fashion. Richard Painter, a former White House chief ethics lawyer in the Bush administration, has also called for an investigation. For my part, I have made a FOIA request to the FBI to see the search warrant and supporting affidavits. This is potentially very serious, something that if traced back to Donald Trump might even lead to impeachment. It deserves to be investigated fully and openly, and quickly, because if a crime was committed in the course of the FBI investigation, it is the crime of the century.

Rosh Hashanah — Zichronot

Rabbi Fruithandler asked me to speak for a few minutes on the issue of Zichron — Memory, which has long been an interest of mine.  Rosh Hashanah is also known as Yom HaZikaron — the Day of Remembrance, and the Zichronot is an essential part of the day’s observance.

There’s a certain movie that I’ve watched about 30 times in the past year or so, and it too has remembrance as one of its main themes.  At the very beginning of “Woman in Gold,” Helen Mirren as Maria Altmann says that her object in seeking to recover the portrait of her aunt Adele is “to keep the memories alive.”  “Because people forget,” she warns, “especially the young.”  And at the end of the film, the theme returns with an emotional scene of young Maria leaving her parents in Vienna, as her father pleads, “I ask you one thing: Remember us.”  So remembrance is really at the core of the film, and it is one of the reasons that it resonated with so many people.  It’s a tear-jerker, but I hadn’t given Maria’s farewell scene much serious thought because actually Maria’s father died in the summer of 1938, shortly after the Nazis invaded, while Maria’s husband was imprisoned in Dachau (something not shown in the film) and so she never had a farewell scene like that.  But then after a talk someone came up to me and said how much she had loved that particular scene, because her mother had also had to leave her parents behind.  It was only then that I realized that of course my mother’s father had done the very same thing.  He had fled on the day after Kristallnacht and never saw his parents again.  That scene had played out for thousands of families, including my own.  Even in a fictional scene, the film had managed to memorialize the pain of an entire generation.

There is another scene in the film about remembrance that is based on something that did happen to me.  As a turning point in the film, they have my character go with Maria to see the Holocaust memorial in Vienna, and I have a sort of breakdown.  While working on Maria’s case, I was at the unveiling of the memorial by British artist Rachel Whiteread, which is a large white mausoleum-like sculpture with walls made to look like a library of inverted books, with the spines facing inward so you cannot read the titles.  I really did not like it very much, and still don’t.  For me, the 65,000 Austrian victims of the Holocaust are not a closed book, never to be opened.  They have names and stories, each and every one of them, and it upset me a bit that they were being remembered anonymously, as if no one could remember who they were. 01_Judenplatz_1

But at the unveiling there was a wonderful speech by President Thomas Klestil.  He was describing the history of the location, which is known as the Judenplatz (the Jewish Square) because it is on the location of an old synagogue that was the site of a famous three-day siege during a pogrom in 1421, after which the Jews inside committed suicide by burning down the synagogue with themselves inside.  Two hundred surviving Jews were later burned alive at the command of Duke Albrecht.  And it was on this very site, atop the ruins of the old synagogue that were found underneath the square that the new Holocaust memorial was being placed.  Then the Austrian President said “Und wie lange dauert die Geschichte.”  It was more a statement than a question.  And how long does history last.  Indeed.  Here we were almost 600 years later, and we were still telling the story of those Jewish martyrs.  And what of the story of the Holocaust, which was so many times worse, I thought to myself.  What of my great-grandfather Siegmund Zeisl, who lived for 70 years in that city, only to be murdered in Treblinka.  How long will that story also be told?  It will be told forever!  And I cried at the thought of it.

Strange how we can become emotional remembering things that we did not experience.  I never met my great-grandfather, nor even his son, my own grandfather, who died of a heart attack at age 53.  I only knew his story.  But the story is somehow a part of me.  And so it is for all of us.  We remember our loved ones, and their loved ones, and the ones who came before, in a long chain back to the beginning of time.  That remembrance defines us as human beings, as a culture and as a people.  That is why Rosh Hashanah is a day of remembrance.

But the flip side of remembrance is forgetting.  It isn’t only the young who forget, as Helen Mirren says, but all of us.  I could say, now that I am over 50, especially the old.  But forgetting is also important.  We say that God knows and remembers everything.  But we know that remembering everything is also a curse.  Who would want to remember everything?  When we pray for remembrance, we pray for selective remembrance, to remember the things that should be remembered and to forget what should be forgotten.  Being able to remember, and remember selectively, is a gift.  It is what makes us human.  But interestingly it is not something we can control.  Do we really have a choice what to remember and what to forget?  I don’t think so.  There is something divine in remembrance.

And so, as we go through the Zichranot prayer and meditation, we will concentrate on our memories, of our loved ones, of ourselves, of people who are meaningful to us.  Some memories may make us cry, some may make us laugh.  But our memories are who we are, and for that we can all say Amen.

Is Your Genealogist Certified or Certifiable?

Last weekend I had the opportunity to work at the table at the Southern California Genealogy Society Jamboree in Burbank, California.  I’ve attended about ten of these types of conferences, and it’s fun to work at an exhibit table and meet many of the attendees. Of course, the main problem with working the exhibit tables is that you don’t get to see the lectures, but some of them are usually available online after the conference. Still, you get to see lots of people in the exhibit area, and most of the speakers also spend time in the exhibit room. What I’ve noticed is that, by and large, you see the same speakers and exhibitors at genealogy conferences. It’s almost like a club. And so by now I recognize lots of people when I attend a conference.

Pretty much everybody who attends a genealogy conference is a bit crazy. After all, what normal person would forgo spending time outside or with family, and instead hang out in a hotel convention hall with a bunch of other crazy genealogists? But the attendees tend to divide pretty evenly into two groups: those who know they are crazy, and those who don’t. (Which group I am in I’ll leave up to you to decide.)

My friend Ron Arons, a professional genealogist who helps find records of criminals, clearly knows that he is nuts.
My friend Ron Arons, a professional genealogist who helps find records of criminals, clearly knows that he’s a bit crazy.

The speakers at genealogy conferences tend to be professional genealogists, while many of the organizers and attendees are non-professional members of genealogical societies. I am not a professional genealogist, and have never been certified by the Board for Certification of Genealogists, which just this year received official registration of “Certified Genealogist®” with the United States Patent and Trademark Office.  I am also not very active in my local genealogical society (although I did just give a speech on Privacy Issues with Online Family Trees to the Jewish Genealogy Society of Los Angeles, similar to the one I gave at the IAJGS conference in Jerusalem last summer). But anyone who knows my work will recognize that I do as much genealogy, or more, than just about anyone. I’m lucky to have the time to do that. So, I am a hobbyist or “amateur” in the sense that I never ask for money when I help people, but I’m also by now something of an expert in my particularly field (namely Jewish genealogy, especially in Austria-Hungary). And this gives me a peculiar perspective when I attend genealogy conferences.

One of the funny things about professional genealogists is that they love to append lots of silly acronyms to their names.  So, in the conference program you’ll see people like Thomas Wright Jones, PHD, CG, CGL, FASG, FNGS, FUGA.  (I guess he hasn’t read this blog “No One is Impressed.”) For some reason, genealogists love these acronyms, which generally refer to some certification course they took, or some professional society they joined or were honored by.

But the truth is that genealogical expertise is local, meaning that it isn’t something you can take a general course on and apply to a particular genealogical problem. I could hire every professional genealogist in America, from every acronymed professional association, and still not find an answer to a genealogical question I have, unless one of them happens to be an expert in the particular area where I am researching.

I have hired a number of professional genealogists over the years. The first was Eugen Stein (and his wife Iva) who were the best (maybe only) Jewish genealogists in Prague during the Communist era, a time when having any interest in Jewish things was dangerous. The Steins knew where to access the records I needed, and they gave me a wealth of information I could not at that time find on my own. I also once hired the Austrian genealogist Felix Gundacker, who runs the website, in order to find out something about my one non-Jewish gg-grandmother Karoline Inquart who had abandoned her Jewish husband Theodor Hoffmann and kids and ran off with an Italian count named Lovatelli. Felix found an early civil, non-religious marriage record from 1875. Karoline, who was just 15 years old when she married, and turned out to be the step-daughter of her 25-year-old husband Theodor’s first cousin, was listed as “without religion.” There is no way I would have found that record without the professional help of Felix, who knew that civil marriages began in Austria in 1870, and knew how to find them. Since then I have employed other professionals, including Julius Müller in Prague, now by far the best professional in that region dealing with Jewish records, and author of the Toledot webpage. Julius went to regional Moravian archives to find information about some of my families, locating records that will probably never be available online. In Vienna, my friend Wolf-Erich Eckstein is the go-to person for finding graves in the overgrown Jewish cemeteries, as this video from our 2014 visit to the Währinger Friedhof demonstrates. For Hungarian research, I once got help from Maureen Jellins, who was familiar with the MACSE website and the Hungarian language. Recently, I’ve had luck with Nadia Lipes of, who took my wife’s Ukrainian Jewish genealogy back a few more generations, using local resources. And lately Andres Rodenstein of Vital Records helped me track down family members who fled from Austria to Argentina and Uruguay during World War II.

So, I’m a big fan of hiring local professional genealogists who can help find things that I otherwise would never find. But these folks are nothing like the multi-acronymed professionals who travel around giving lectures at genealogy conferences. Maybe that’s a bit harsh. The conference professionals are all probably decent genealogists, but like everyone, they’re limited to what they know. Genealogy is local.

As an example, you could look at a very public genealogist, Megan Smolenyak, who writes a lot on Huffington Post. Last year she wrote about how she found an error in all of the online trees for Hillary Clinton.  Smolenyak was right.  Everyone else had gotten the parents of Hillary’s paternal grandmother Hannah Jones from Scranton, Pennsylvania all wrong. Smolenyak may be a terrific genealogist, but the reason she found the mistake was that she had roots herself in the neighboring city of Wilkes-Barre. She found a notice in a local Scranton paper that pointed to a marriage across the border in Binghamton, NY, which Smolenyak recognized as a place where eloping couples often went to get married. This provided the key for figuring out which Hannah Jones in Scranton was Hillary’s grandmother. As I said, genealogy is local, and Smolenyak was an expert in that area because that’s where her family was from.

It’s often not easy to judge whether someone is an expert in the area that you are researching. Strangely, most professional genealogists do not have their own trees publicly available. I am continually surprised to find that many professional genealogists aren’t contributing to the World Family Tree on (See for example, this project I set up for the speakers at the National Genealogical Society 2016 Family History Conference.) Most of them have standalone profiles (meaning no parents, etc.). Probably they signed on one time, took a quick look around, didn’t find what they were looking for and moved on. To me, this indicates a lack of interest in their own roots. After all, I know many people (like me) who keep trees on all of the various platforms, just to increase the likelihood someone will find them. That is what good genealogists do.

Some people speculate that professional genealogists don’t add their trees to the World Family Tree because they don’t want to give anything away for free. I think it has more to do with the training they receive at the various certification societies, with a faux-lawyerly emphasis on “client confidentiality” (as if anyone really needs to keep a family tree secret). Whatever the reason, you’ll be hard-pressed to find well-developed public trees of the majority of professional genealogists. That’s a real shame, I think — a loss to them, as they won’t find information that might be out there (do they think they know it all?); and a loss to us, because if we could harness their energy, the World Family Tree would be growing even faster than the current 9 million profiles per year. It also reflects a lack of scientific seriousness about genealogy. If you don’t publish your work and allow it to be reviewed (as all scientists and academics do, for example) you really cannot advance the field or find out if you made a mistake. A field in which no one publishes their work so that it can be verified is not rigorous enough to be taken seriously.

A brief excerpt from Georg Gaugusch’s work on the Figdor/Joachim family, from the 1650-page Wer einmal war (A-K).

Professional genealogists maybe don’t realize it, but they could learn a lot from the non-professionals in their midst. Many of the almost 200 volunteer curators on Geni are extremely knowledgeable in their fields, and as good or better than any professional (and they’ll help you for free). In fact, the best genealogist I know is not a professional (and also doesn’t work on Geni). Georg Gaugusch is a 42-year-old Austrian who owns the men’s haberdashery Jungmann & Neffe around the corner from the Hotel Sacher in Vienna. Inspired by the old customer lists he found in the shop, he has become the leading expert on the Jewish haute bourgeoisie of Vienna. The first volume of his tome Wer einmal war (A-K), published in in 2011, is 1650 pages of the most meticulous, expert genealogy I have ever seen, culled from numerous difficult to find, and read, primary sources. The second volume (L-R) is due out this Fall. We have a Geni project where you can see for yourself the families Georg has investigated, although his book contains many more details than what has been entered so far on Geni. If there are any professional genealogists who can match what Georg has done, I’d be happy to learn their names and see their work.

But as nutty as some of the professional genealogists are, they aren’t the craziest ones at the conference. That title goes to the ones who come up to the Geni booth and demand to see if someone has “stolen” their family tree and put it on Geni. No amount of explanation can temper their ire. The mere suggestion that they might not have the right to tell other people what they can and cannot put on a family tree sends them into a fit of fury. No, their family trees are highly valuable trade secrets that must be kept out of the public domain. It’s all on their hard drive, safe from any intruders. And of course, their work is always 100% correct, although no one is ever allowed to check it to make sure. They cannot be associated with the work of others who certainly don’t meet their high standards. Indeed, their work must be protected from the masses who are all just chomping at the bit to alter their trees and intentionally insert mistakes into their otherwise error-free data. They’ve been taught that public, collaborative family trees are dangerous, and no matter what privacy protections a company might offer, they aren’t enough to protect their family members from the marauding hordes that are just waiting to peek at their family trees to torment them and steal their identities.

Despite all this silliness, I have a great time when I attend genealogy conferences. I’m always looking to learn new things and meet new people. At this weekend’s conference, I helped dozens of people develop their trees on Geni. There’s nothing better than having a person start from scratch and within a few minutes showing how you are related or connected to him or her on the World Family Tree. That’s something that is only possible on Geni, which is why it’s the best platform for tree-building these days. If your professional genealogist is really a pro, she’ll tell you that also and show you her tree.

On Wealth Inequality

Since receiving an enormous windfall at the conclusion of the Altmann v. Austria case, I have had lots of time to consider what it means to have wealth in America. Of course, like most people I had considered wealth much earlier, and was already well aware of my good fortune growing up in Brentwood and attending an elite private school and later an elite college.  I remember in high school teasing my best friend that we were not middle class, as everyone seemed to claim, but “lower-upper class,” a term basically no one ever uses, although I recently found this definition of the upper class which does use the term:

Comprising only 1 to 3 percent of the United States population, the upper class holds more than 25 percent of the nation’s wealth. This class divides into two groups: lower-upper and upper-upper. The lower-upper class includes those with “new money,” or money made from investments, business ventures, and so forth. The upper-upper class includes those aristocratic and “high society” families with “old money” who have been rich for generations. These extremely wealthy people live off the income from their inherited riches. The upper upper class is more prestigious than the lower upper class.

Wherever their money comes from, both segments of the upper class are exceptionally rich. Both groups have more money than they could possibly spend, which leaves them with much leisure time for cultivating a variety of interests. They live in exclusive neighborhoods, gather at expensive social clubs, and send their children to the finest schools. As might be expected, they also exercise a great deal of influence and power both nationally and globally.

The definition tells us a lot, I think, about how Americans like to think about class.  Class is a state of mind, not merely a measure of wealth.

This psychological element explains the complete abandonment of all objective measures when talking about wealth. Take for example, Robert Reich, the former Labor Secretary, who very much likes to remind people that the top 400 families today own a greater share of the country’s wealth than everyone in the bottom half of the country combined. It sounds awful. And scary. But what Reich must know, but doesn’t dare say, is that this has always been the case. Why? Because the bottom half of the country has always had basically no wealth at all. That’s right. The entire bottom half of the country is and always has been flat broke.

So, it’s true that the top 400 have more wealth than the entire bottom half of the country combined.  But it’s also true that just about any section of the top 50% have more wealth than the bottom half combined.  Now that’s scary.

You don’t believe me, I’m sure.  But take a look at this recent paper by Emmanuel Saez and Gabriel Zucman of UC Berkeley. “The second key result of our analysis involves the dynamics of the bottom 90% wealth share. Since the bottom half of the distribution always owns close to zero wealth on net, the bottom 90% wealth share is the same as the share of wealth owned by top 50-90% families—what can be described as the middle class.”

It’s sort of comical, I think, to define the “middle class” as the class of people who are in the top 50-90%. That’s usually not how we define “middle.” But it demonstrates the psychological aspect of the term “middle class.” My guess is that most people in the top 99% and even quite a large proportion of the families in the top 1% consider themselves “middle class.”  (A 2012 Pew Research study revealed that just 7% of respondents characterized themselves as lower class and 2% as upper class.  In other words 91% of respondents believed they were “middle class.”)

Saez and Zucman don’t spell it out in their paper, but they are hiding a huge amount of inequality by lumping together the 50-90%.  No doubt, just as most of the wealth in the top 1% is concentrated in the top .1%, most of the wealth in the 50-90% group is also concentrated at the top.  Saez and Zucman estimate that the 50-90% group own 22.8% of the country’s wealth.  The 80-90% probably own at least half of that, and the 50-60% group a negligible 2.5% or so.

What this means is that the country is not really divided into three comparable classes (lower, middle and upper), but rather two: the haves and the have-nots. And, as I will explain further, wealth inequality is really only an issue for the very upper stratum of the haves. The vast majority of the country basically never has had much wealth and probably never will, regardless of what tax policies are adopted.  The “class” terms are being misused to create a sense of mistaken solidarity among everyone who does not feel super-wealthy. The percentages are just arbitrary numbers really. The fundamental issue is the psychology. For example, Bill Gates has 1,000 times the money that I have. So if I want, I can consider myself poor with only .01% of what Gates has, or I can look back the other way and feel rich, realizing that I am wealthier than 99.95% of the country with a net worth that is 1,000 times the average of the Bottom 90%. If the first number changes dramatically, and I am now only 1/100th of Gates, it doesn’t really change the psychological aspect much. The same is true for most of the people in the top quintile of the wealth ladder. They are far, far ahead of just about everyone, and yet still feel like they are falling behind.  The idea of class is more a psychological problem inherent in every non-Communist system than it is a function of the actual distribution, I think.

Measuring wealth inequality in America is not easy, because we really do not try to collect data that would allow us to easily measure the distribution of wealth. Saez and Zucman therefore arrive at their estimates based on studies of income and estate tax returns. As I have discussed before in connection with Warren Buffett, who invests almost exclusively in assets that produce no income, income is not always correlated to wealth, so looking at tax returns of the super-rich can often be misleading. But lets assume for the moment that Saez and Zucman have correctly figured out a way to calculate wealth in America.

The results of Saez and Zucman’s research indicate that “the top 10% wealth share peaked at 84% in the late 1920s, then dropped down to 63% in the mid-1980s, and has been gradually rising ever since then, to 77.2% in 2012.”  But the somewhat arbitrary focus on 10% masks what is really going on.  If you look at the right side of the graph below, you will see that in 1983, the Top 10% to 1% held 40% of the wealth and that this figure decline to 35% in 2013.  The gains were all at the top, with the Top 1%’s share growing from 27% to 42% in the same 30 year period.

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Similarly, even within the Top 1%, the lion’s share of the increase is in the Top .1%, as this graph demonstrates, showing that the share of the Top .1% has grown from 9% to 22% from 1983 to 2013.  As Saez and Zucman conclude, in 2012, the top .1% included about 160,000 families with net wealth above $20.6 million.  No doubt this could be carried out further, with the Top .01% accounting for nearly all of the increase of the Top .1%. Etc.

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So, what is really going on?  What we are witnessing is not a general trend toward wealth inequality affecting large numbers of Americans, but rather a huge increase in the wealth of the very, very top, without much change in the lower 99.9%. The more refined the top sample is, the more evident the trend. We can see it reflected in the Forbes 400 List, first published in 1982. In the first list, the top spot was held by Daniel Keith Ludwig, with a $2 billion fortune, or about $4.8b in 2012 dollars. Today, Bill Gates is at $75b at the top of the list (even after giving half of his fortune to his eponymous foundation). The distortion caused by the disproportionate increase in wealth at the very, very top accounts for most of the changes in the distribution of wealth throughout the rest of the population.  Saez and Zucman note that the total wealth share of the Forbes 400 (normalized for population growth) has tripled from 1% to 3% over the past thirty years, as has the entire Top .01%, from 3.5% to 11%.

Saez and Zucman focus primarily on the Top 10% of the population and do not provide data for any of the lower strata, which makes it much more difficult to see how little the change in wealth distribution is affecting the Bottom 90%, who have collectively an average wealth of $84,000 per family (a figure that masks the fact that the average wealth continues to drop precipitously, so that nearly all of the wealth of the Bottom 90% is held by the 80-90% stratum). But the chart does illustrate how much the upper .01% (16,070 families) are influencing the results. To put things a different way, 1/1,000th of the Top 10% has over 1/10th of the wealth in that category, or more than 100 times what you would expect if the distribution were even.

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Is this a bad thing? Is it unexpected? Or, asked differently, is there a different, fairer way that enormous increases in wealth could be achieved? And who would benefit? Certainly, we could bring back much higher income, capital gains and estate taxes, as in the past, or even wealth taxes, as has been attempted in various countries. This would provide a barrier for those trying to amass great wealth, and might also decrease the net worth of those at the top. But how much would this really do to alter the distribution of wealth? The results of Saez and Zucman’s research demonstrates that the Bottom 50% would still have essentially zero wealth. Indeed, the Bottom 90% would hardly expect to notice any difference. The debate over wealth inequality is really a champagne problem, affecting only the psychology of the upper class, which is how I would characterize the Top 10% of families, those with at least $660,000 in wealth.

I am sure that hardly anyone in the Top 10% thinks that he is upper class. This is because, no matter where we are on the wealth ladder, we tend to look up and see only the people above us. A family with a net worth of $1m may feel middle class, because they see what looks like a large number of families with far greater wealth. But it really is a conceit to ignore the fact that 90% or more of the country is far less fortunate than you, and pretend that you have more in common with them than with the relatively small number of families in the Top 10%. It is only because the relatively few families at the very top of the ladder loom so large that everyone else has the feeling that he is in a different class. Further proof that people tend to ignore the poor is that we talk of wealth inequality mainly on a national level, completely disregarding the fact that the United States itself sits atop the international wealth ladder with 25% of the world’s wealth and less than 5% of the world’s population. Nearly the entire world of 7 billion people has less wealth and a far lower standard of living than most of those in America who consider themselves “middle class.”

I have been aware of Bernie Sanders since at least 1986, when I listened to KPFK on my way to and from work in the offices of Los Angeles County Supervisor Ed Edelman, and learned all about the socialist mayor of Burlington, Vermont. In 1988 I took a course at Princeton called “Technology and Social Change” from engineering professor Steve Slaby, a dyed in the wool socialist who loved nothing more than to burst the bourgeois bubbles of his sheltered students. I remember him asking during one of our classes whether any of us had ever even heard of Sanders, assuming that none of us had. When I raised my hand, he was visibly upset, obviously because I had messed up his attempt to show us up as a bunch of uninformed rich kids. But I was already learning to look beyond the utopian rhetoric to see unanticipated problems. (One I didn’t see coming was a very effective guest lecture we heard on the promise of the independence for Eritrea, which sounded like a great idea in 1988, but resulted in the creation of a totalitarian state with an abysmal human rights record. So much for utopia.)

One of the problems I have with Sanders and his rhetoric is that he makes people think that wealth inequality is a problem for the 99% of the country that isn’t in the 1%. If we’ve learned anything from the rise and fall of Communism, it is that attempts to equalize wealth can quickly get out of hand. What happens when we bring wealth inequality back to 1983 levels and no one notices any difference? The rich are still rich. The vast poor are still poor. The top of the wealth ladder is still unattainable, whether it is $1 billion, $10 billion or $100 billion. Absent a decision to end personal wealth and adopt Communism, with all of the coercion and tyranny that is required to maintain equality, we are always going to have wealth inequality. The bottom 50% will have nothing and everyone else will be looking up at the people above them on the ladder, wondering how he can climb higher.

Of course, we tolerate inequality in all sorts of ways and don’t always call it “unfair” or “rigged.” Is it fair that a 7 footer has a better chance of playing in the NBA (and earning millions of dollars) than folks of ordinary height? Is it fair that people who are older have more wealth than people who are younger? Is it fair that people with high intelligence find it easier to get high-paying jobs? It might not be, but then again there’s not much we can or should do about it if we want to allow people to be different. Inequality is a fact of life. And much of the increase in wealth at the top of the wealth distribution is certainly the result of increased market efficiency, which allows individuals with popular inventions to amass enormous wealth very quickly. Think Mark Zuckerberg, who at age 31 is worth over $35 billion. His wealth is the result not of a rigged economy, but an incredibly efficient one, that allows exploitation of the herd mentality of the entire population desiring the same products and services.

Saez and Zucman do not address the effect population growth might have on wealth distribution. It would seem obvious that the distribution of wealth is not even over the increase in population. In other words, immigrants are more likely to be very poor and the poor also tend to have higher birth rates. Therefore, you would expect population growth to distort the wealth distribution by shifting wealth toward the top. The impact of population growth on measures of wealth inequality deserves to be looked at more closely.

The most we can ask, I think, is that people who are fortunate enough to have advantages be aware of their good fortune, and not pretend that they don’t have advantages. One downside to the ridiculously skewed way we define “upper class” is that we don’t get the type of honesty we deserve. People like Robert Reich or Bernie Sanders might not feel like they are upper class, but by any estimation they are. Robert Reich’s net worth is estimated to be $4 million, which puts him in the Top 1%. Bernie Sanders’ net worth is estimated at $528,014, not very far below the $660,000 wealth threshold for the Top 10%. When he rails against the Top 1%, he is doing so as a member of the lower-upper-class, with a wealth greater than 85% of the families in this country, most of whom have nothing.

There are many wealthy people, and I am one of them (and so is my doppelgänger Eric Schoenberg), who agree with Sanders and Reich that we at the top can afford to share more and to pay more taxes. I also think it is in our best interest to do so. Indeed, as I pointed out in my blog on Warren Buffett, enacting barriers to extreme wealth creation is the best way to ensure that a rich person maintains his place on top of the wealth ladder. But because of this we need to be sure not to raise expectations that cannot be fulfilled. Ending wealth inequality is not going to happen. Redistributing wealth from the top is probably not going to make people happier, at least not directly, or bring them closer to the top of the wealth ladder. What is important is what we do with the wealth that we tax, what services we provide to improve the lives of the vast, vast number of families who will never have any wealth at all.

Geni Envy

Screen Shot 2016-01-11 at 11.26.43 PMSince I posted my recent blog on Geni’s World Family Tree, the haters have come out of the woodwork. I’ve interacted with many of these people for years, and it’s always the same thing. They get so caught up in their own personal problems and experiences, they cannot see the overall benefit to the genealogical community of what is happening on It’s ok. Not everyone has to love Geni. But then again it’s also not necessary for folks to comment incessantly on my posts about their negative views. If they want to write about Geni, let them do it on their own posts, instead of making inaccurate, misleading and uninformed comments on mine. I do my best to answer them and explain the facts, but that only gets them more riled up. They never seem to let up, and always need to have the last word, which is “I hate Geni.” Apparently that makes them feel better.

I posted a link to my blog on the German Genealogy Facebook group (with over 15,000 members) and twice the Admins have taken down the post (initially without even reading it), because some of the Geni detractors complained so vociferously. I tried to post there because I have some genealogical background in Germany.  My 6g-grandmother Bella Sinzheim (Hahn) was from Frankfurt, and my 7g-grandfather Isaac Sinzheim was from Mannheim. I’ve worked the past few years on a huge project on Geni to enter in all of the data concerning the old Jewish community in Frankfurt, which was one of the few that never got expelled and was continuously present in the city from at least the Middle Ages, if not Roman times. It’s an enormous task, involving the creation and linking together of tens of thousands of profiles. (To give you an idea, the progenitor of the Rothschild banking family, Mayer Amschel Rothschild (1744-1812), has almost 110,000 profiles within just ten steps of him.) The first major compendium of the Jews of Frankfurt was Alexander Dietz‘s Stammbuch der Frankfurter Juden (1907). But the more thorough and accurate work is Ele Toldot (These are the Generations), a collection of transcriptions of genealogical records of the Jewish community of Frankfurt am Main, made by the lawyer and genealogist Shlomo Ettlinger from originals in the Institut für Stadtgeschichte, Frankfurt am Main. Using Ele Toldot, available online at DigiBaeck (the Leo Baeck Institute‘s online database), we’ve managed to reconstruct most of the major families online on Geni. They are all tied together and connected in multiple ways, going back to the 14th century. There have been some previous attempts to do this, but none of them are nearly as comprehensive as what is on Geni. There is still a lot of work to be done. As always, it’s a work in progress. I am hoping that Frankfurt will act as a model for others wanting to build out their town’s Jewish population.  We’re in the process of setting up Geni projects for all of the Jewish Communities in Germany.

The work we are doing on Geni is difficult, important and groundbreaking, and I’d like other people to know about it and maybe even participate. But it’s sometimes hard to get heard over the noise made by the few people who seem so hell-bent on tearing our work on Geni down. I’ve tried to answer all of their complaints, especially in my earlier blog post Answers to Geni Skeptics. But the complainers just aren’t interested in the answers. They only want to hear themselves complain, and jump on any opportunity they get. My Facebook posts attract a lot of attention.  (There are already over 1.5k likes and over 300 shares on this one.)  And the Geni-haters are attracted to them like moths to a flame.

It was very discouraging to have to deal with the administrators of the German Genealogy group, since none of them really know who I am. At first they wrongly thought I was advertising, or that I worked for Geni. I was accused of that in one comment. So many genealogy bloggers are on the payroll of the big companies, they assumed I must be also (as if an intelligent person couldn’t have an opinion in favor of the World Family Tree). I tried to help them understand the situation, but it didn’t seem to work.

On one of the other FB groups, Genealogy, I was heckled and even received anti-Semitic insults.  I was accused of “barking like a rabbi,” and when I called the poster (Justin L Smith) on it, he responded with something about killing Palestinian babies. He later sent me a private message about gun control for dual (Israeli) citizens.  Screen Shot 2016-01-11 at 11.24.44 PMIt was all a bit incoherent, as you might expect, but clearly anti-Semitic.

And now the German Genealogy group admin, Ali Constable, who seems nice enough, but isn’t paying that close attention, I think, has decided to delete my post for the second time because some unnamed people supposedly complained.Screen Shot 2016-01-11 at 11.32.08 PM

In legal terms what is happening here is called the “heckler’s veto.”  A few people don’t like what I am saying so they argue and complain loudly until my post gets deleted. In the Internet world it’s called “trolling.” It’s a shame, because what I am trying to say would be useful to people doing genealogy. On Facebook, I suppose it’s not easy to tell who is a serious person and who is a heckler. I guess if the Admins googled me, like Deborah Stoloff did today, they’d figure it out.  Screen Shot 2016-01-12 at 12.09.05 AM

Over time, I suppose it won’t matter. Geni has already won the war; it’s just that most people don’t realize it yet.