No time loophole in Bell's theorem: the Hess-Philipp model is nonlocal

Hess and Philipp recently claimed [(2001) Proc. Natl. Acad. Sci. USA 98, 14224-14227 and 14228-14233] 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. First, we explain why time is not an issue in Bell's theorem, and second, we 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.