News Flash: Investigation is Biased Because Kersten Says So.
Katherine Kersten has a blog, which must be a great relief to her Star Tribune editors. That gives their columnist an outlet for her more thinly supported pieces, like this one in which she criticizes findings by a law firm hired by a legislative committee to investigate how MnDOT policies and decision-making processes might have been a contributing factor in the I-35W bridge collapse.
Are you curious about their previous experience with bridges or transportation issues? Among the legal eagles at the lawyers’ “presentation” yesterday, according to the Star Tribune, were Bob Stein, who describes himself as “a nationally recognized authority in the areas of estate planning, trusts, and decedents’ estates.” And of course Tom Johnson, a former Minneapolis City Council Member and Hennepin County Attorney who, among other things, describes himself as an “advisor to numerous political candidates.”
— "News flash: Law firm hired by DFL legislators to investigate bridge collapse finds DFL was right!," Katherine Kersten's Think Again
Of course, if you're curious and expect more than perfunctory and partisan perspective, Kersten is not the source you would rely upon.
Here she hauls out her "quotes" technique to give an impression of "impartial research" to her "investigation." But check the link to Bob Stein's bio. You will note it lists two areas of practice, including "Complex Investigations." Tom Johnson's bio, should you click on the link, lists his political advising under community involvement. One wonders which former public officials do not advise numerous political candidates and why leading a large county attorney's office would not be relevant to investigating a highly politicized state department.
The knock on these gentlemen, in Kersten's book, is that they were paid out of DFL-controlled legislative committee budgets, and they have not larded their resumes with mention of bridges and transportation issues.
Never mind that the investigation they led was not into the direct cause of the bridge collapse, but is into management and organizational systems that may have contributed to overlooking technical problems. Never mind that the leaders of this sort of investigation don't do the technical heavy lifting. And never mind that the National Transportation Safety Board (NTSB) investigation is starting from the other end of the telescope.
And never mind that the NTSB that Kersten seems to think should have the final word built its reputation investigating airplane and rail accidents, not bridge collapses.
Although, the NTSB is world renowned in airline investigations, the last bridge collapse they investigated was in 2004 in Oklahoma when a tugboat rammed a bridge support -- not much question as to cause. Prior to that, you have to go all the way back to 1990, in Pocomoke City, Maryland. So, "gold standard" might be a little exaggerated in this case; actually, the jury is still out on "medal" awards.
According to House Transportation Committee chair Rep. Jim Oberstar, "there is huge skepticism about the objectivity of the board in conducting this inquiry."
Oberstar's criticism of the agency comes at a time when the NTSB is stretched thin. The highway division of the NTSB that is investigating the 35W bridge collapse is the smallest unit of the agency. The agency's overall budget hasn't been increased in several years, but Chairman Rosenker didn't ask for an increase in funding for next year.
Both Rosenker and his predecessor have been criticized for politicizing the agency. It's also been criticized for its lack of expertise in transportation.
None of the current NTSB members has a background in engineering. Chairman Rosenker is a long-time Republican loyalist, going back to service on Nixon's Committee to Re-Elect the President. His official bio neglects that detail but plays up his decades-old experience as a lobbyist for the "American Safety Belt Council, the Motorcycle Safety Foundation, and the Safety Helmet Council of America. He later served as Director of Communications for the American Moped/Motorized Bicycle Association." whose safety expertise appears limited to lobbying for seat belt and helmet manufacturers. Dave Mindemann has more about politicization of the Board under President Bush.
Kersten also neglects to note that:
The day after the bridge collapse, Gov. Tim Pawlenty hired the firm of Wiss, Janney, Elstner Associates (WJE) to conduct a "parallel" investigation. This firm is now working hand-in-hand with the NTSB, under a contract administered by MnDOT. However, WJE is also under obligation to represent MnDOT in any litigation stemming from the collapse -- a clear conflict of interest that undermines the work of the NTSB.
The Office of the Legislative Auditor has also investigated the department and found it lacking. The non-partisan OLA findings helped push Molnau out the door as head of MnDOT.
Of course transportation funding and MnDOT itself are highly politicized; they simply became more so under Lt. Gov. Molnau's leadership and Pawlenty's approach to underfunding. And when all the reports are on the table, Minnesotans should have a pretty clear picture of the extent of the damage.
Advance News Flash: Kersten won't see it.









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