  Hess and Philipp have recently claimed that proofs of Bell's theorem have
overlooked the possibility of time dependence in local hidden variables, hence
the theorem has not been proven true. Moreover they present what is claimed to
be a local realistic model of the EPR correlations. If this is true then Bell's
theorem is not just unproven, but false. We refute both claims. Firstly we
explain why time is not an issue in Bell's theorem, and secondly show that
their hidden variables model violates Einstein separability. Hess and Philipp
have overlooked the freedom of the experimenter to choose settings of a
measurement apparatus at will: any setting could be in force during the same
time period.
